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11-17-15 Regular Meeting AgendaCity of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Tuesday, November 17, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non -Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non -agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting November 17, 2015 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: 3.A. MOTION TO APPROVE MINUTES Recommendation: Motion to Approve various City Commission Meeting minutes as listed below: November 3, 2015 City Commission Special Meeting November 3, 2015 City Commission Regular Meeting November 10, 2015 City Commission Workshop Meeting Minutes Attachments: 11-03-2015 Special Meeting Minutes 11-10-2015 Workshop Meeting Minutes 11-03-2015 Regular Meeting Minutes 4. PRESENTATIONS: 4.A. SPOTLIGHT ON EDUCATION - CARVER MIDDLE SCHOOL Sponsors: Community Improvement and Quinlan 4.113. RESOLUTION NO. 70-15 RECOGNIZING AND COMMENDING REGGIE DOBARD, SR. FOR 50 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No. 70-15 recognizing and commending Mr. Reggie Dobard, Sr. Sponsors: Parks & Recreation Department Attachments: Resolution No. 70-15 - Reggie Dobard, Sr. 4.C. WEST ATLANTIC REDEVELOPMENT COALITION (WARC) PRESENTATION - UPDATE ON COMMUNITY BENEFITS AGREEMENT (CBA) 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 6. AGENDA APPROVAL 7. CONSENT AGENDA: City Manager Recommends Approval 7.A. ACCEPT TWO (2) FEET ALLEY RIGHT-OF-WAY DEED FOR THE METROPOLITAN OFF-SITE PARKING LOT Recommendation: Motion to Accept a right-of-way deed agreement for a two foot right-of-way dedication along the west side of the existing east/west 16 foot alley for The Metropolitan Off -Site Parking Lot. City of Delray Beach Page 3 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 7.113. 7.C. 7.D. 7.E. Sponsors: Planning & Zoning Department and Stillings Attachments: Location Map Approved Site Plan - Parcel 4 Right -of -Way Deed Agreement Metropolitan - CLII - Off-site parking lot - SPRAB Report - 6-10-15 CONTRACT CLOSEOUT/ CHANGE ORDER NO. 1 FINAL/ADVANCED ROOFING, INC./ POMPEY PARK REROOF PROJECT Recommendation: Motion to Approve a Contract Closeout (Change Order No. 1/Final) to Advanced Roofing, Inc., in the net contract reduction amount of $25,000.00; and approve a final payment, in the amount of $12,486.25 for completion of the Pompey Park Reroof Project (Project No. 14-020). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), "Within the Scope of Work". Sponsors: Environmental Services Department and Ballestero Attachments: C01 Final & Schedule A Advanced Roofing GC 111715 REQUEST FROM CAFFE LUNA ROSA TO AMEND SECTION 6 OF ITS PARKING LICENSE AGREEMENT EXTENDED STAY FEE Recommendation: Motion to Approve Amendment No. 1 to the Caffe Luna Rosa Valet Parking License Agreement Section 6 increasing the extended stay fee to $10.00. Sponsors: Environmental Services Department and Aronson Attachments: Amendment No. 1 to Parking License Agmt with Caffe Luna Rosa Caffe Luna Rosa REQUEST FOR SUBORDINATION OF THIRD MORTGAGE FOR 1023 MANGO DRIVE Recommendation: Motion to Approve a request for the City to subordinate its third mortgage position in the amount of $6,500.00 for the property located at 1023 Mango Drive. This will allow Mr. and Mrs. Hill to modify their mortgage to reduce the monthly note and interest rate from 5.75% to 4.125% changing the monthly payment from $1,269.00 to $1,061.00 per month. Sponsors: Community Improvement Attachments: Subordination Aareement - Hill MEMORANDUM OF UNDERSTANDING BETWEEN THE DELRAY BEACH POLICE DEPARTMENT AND THE UNITED STATES SECRET SERVICE: Recommendation: Motion to Approve a Memorandum of Understanding between the Delray Beach Police Department and the United States Secret Service that will allow the City of Delray Beach Police Department to obtain City of Delray Beach Page 4 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 reimbursement for various overtime costs, travel, training, equipment and other expenses related to work performed in the assistance of the United States Secret Service, South Florida Organized Fraud Task Force. Attachments: Memorandum of Understanding Agreement 7.F. REQUEST TO SUBMIT 2016 EMS GRANT APPLICATION THROUGH PALM BEACH COUNTY FOR FIRE -RESCUE Recommendation: Recommended Action: Motion to Approve for Fire Rescue to submit a reimbursable application for 2016 EMS Grant through Palm Beach County to replace the current ZOLL Pulse with the LUCAS Device. Sponsors: Fire Rescue Department Attachments: 2016 EMS Grant 7.G. RESOLUTION NO. 74-15 Recommendation: Motion to Approve Resolution No. 74-15 regarding the March 15, 2016 Special (Referendum) Election. Attachments: Res 74-15 Calling for Special Election on Charter change 7.H. PROCLAMATIONS: 7.H.1. CHILDHOOD CANCER AWARENESS WEEK -NOVEMBER 23-29,2015 Attachments: Childhood Cancer Awareness Week 7.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR THE PERIOD OCTOBER 19, 2015 THROUGH OCTOBER 30, 2015 Recommendation: Motion to Accept the actions and decisions made by the Land Development Boards for the period October 19, 2015 through October 30, 2015. Sponsors: Planning and Zoning Board Attachments: Planning & Zoning Staff Report Location Map Exhibits 7.J. AWARD OF BIDS AND CONTRACTS: 7.J.1. BID AWARD: PRINTING SERVICES/BROWN BROTHERS CONSULTING INC. Recommendation: Motion to Approve award of Bid No. 2016-010 to Brown Brothers Consulting Inc. for printing of City letterhead, envelopes and business cards for a two (2) year term with two (2) additional one (1) year renewal periods in an amount not to exceed $35,000.00 per fiscal year. This City of Delray Beach Page 5 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method". Funding is available from various sources. Sponsors: Purchasing Department Attachments: Bid No. 2016-010 Tabulation 7.J.2. AWARD/AUTO BODY REPAIR/MULTIPLE VENDORS Recommendation: Motion to Approve award of RFQ No. 2015-78 for one two (2) year term to Body Shop by Mike & Joe, Inc., Classic Auto Collusion Corp., Delray Buick GMC, Morse Operations, Inc., and LLPH Enterprise, Inc. for an amount not to exceed $30,000 for each vendor to perform auto body repairs as a result of any collisions. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A) (2), "Request for Qualifications." Funding is available from 501-3311-591-52.52 (Garage Fund: Operating Supplies/City Garage/Outside Service). Sponsors: Purchasing Department Attachments: RFQ NO. 2015-78 Auto BodV Repair RFQ No. 2015-78 Tab 8. REGULAR AGENDA: 8.A. TEMPORARY USE PERMIT AND WAIVER REQUEST FOR A STORAGE CONTAINER (QUASI-JUDICIAL HEARING) Attachments: Big Lots Memo Big Lots Temporary Use Request Letter Big Lots Exhibits Lots Board Order 8.113.1. SERVICE AUTHORIZATION NO. 12-11 WITH WANTMAN GROUP, INC. FOR THE NW/SW NEIGHBORHOOD ALLEYS Recommendation: Motion to Approve Service Authorization No. 12-11 with Wantman Group, Inc. in the amount of $77,995.00 for professional design services related to the N.W./S.W. Neighborhood Alleys, Project Number 15-040. Funding is available via an Interlocal Agreement with the Community Redevelopment Agency (CRA). Attachments: Service Authorization 12-11.pdf Location Map 8.113.2. SERVICE AUTHORIZATION NO. 12-17 WITH MATHEWS CONSULTING, INC.; DELRAY SHORES WATER MAIN PHASE 3 City of Delray Beach Page 6 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 Attachments: DELSHORES LOCMAP PHASE3 Service Authorization 8.13.3. SERVICE AUTHORIZATION NO. 12-01 TO WALTERS ZACKRIA ASSOCIATES, PLLC. FOR PROFESSIONAL ARCHITECTURAL SERVICES IN UPDATING THE I2-11 V 12102_1►1o1Mxy: or—Ad Eel ►1&F-319III :a»_1►1 Recommendation: Motion to Approve Service Authorization No. 12-01 to Walters Zackria and Associates (WZA), PPLC. in an amount not to exceed $59,990.65, based on hourly rates, for professional architectural services related to performing Phase I of the update to the 2002 Parks and Recreation Master Plan (Project No. 16-057). This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 334-4151-572.31-90 (General Construction Fund: Parks and Recreation/Professional Services). Sponsors: Environmental Services Department and Kovner Attachments: Walter Zackria Parks Master Plan 101315 8.13.4. APPROVAL OF THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE CRA TO PROVIDE FUNDING FOR THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS Recommendation: Motion to Approve the Third Amendment to the Interlocal Agreement between the City of Delray Beach and the CRA to include the existing areas already landscaped along with the required funding for the electrical, irrigation and landscape maintenance costs associated with the Federal Highway Beautification Project; and to increase the amount of annual funding from $36,000 to $75,000 for Fiscal Year 2015/2016. Sponsors: Environmental Services Department and Kovner Attachments: ILA 3rd Amemndment with CRA 8.13.5. RESOLUTION NO. 72-15 LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE FEDERAL HIGHWAY BEAUTIFICATION PROJECT Recommendation: Motion to Approve Resolution No. 72-15 authorizing the Local Agency Program (LAP) Supplemental Agreement with Florida Department of Transportation (FDOT) which amends the expiration date of the agreement for the Federal Highway Beautification Project from December 31, 2015 to June 30, 2016 (Project No. 2009-009). Attachments: Resolution No. 72-15 LAP Supplemental Agreement No. 5 LAP Original Agreement Location Map 8.13.6. INTERLOCAL AGREEMENT/BIOLOGY PROCESSING LABORATORY/ CITY OF City of Delray Beach Page 7 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 BOCA RATON/ CITY OF BOYNTON BEACH AND CITY OF DELRAY BEACH Recommendation: Recommend Action: Motion to Approve an Interlocal Agreement between the City of Boca Raton, the City of Boynton Beach and the City of Delray Beach that will allow the parties to pre-screen their DNA sample evidence in a shared Biology Processing Laboratory for the cost of $59,630.00 for the initial year. After the initial year, the fee will be adjusted annually to reflect the proportional shares of the actual costs. The fess, per this agreement, will not be increased more than 10% per year. Attachments: Interlocal Agreement 2015 8.113.7. CONTRACT RENEWAL OF BID AWARD TO ATLANTIC REFRIGERATION FOR AIR CONDITIONING SERVICES Recommendation: Motion to Approve second renewal of Bid Award 2014-10 to Atlantic Refrigeration for air conditioning service, repairs and preventative maintenance, in an amount not to exceed $150,000 through January 21, 2017. This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "City Commission Approved Contracts. Renewals." 8.113.8. RENEWAL/COOPERATIVE BID/ QUICKLIME/LHOIST NORTH AMERICA Recommendation: Motion to Approve a renewal of the City of Delray Beach, City of Lake Worth and City of Boynton Beach Cooperative Purchasing Bid for the purchase of bulk quicklime from LHoist North America in an amount not to exceed $920,000.00 for fiscal year 2016. This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "City Commission approved Contracts. Renewals". Attachments: Lhoist Renewal 10-21-2015 8.113.9. BID AWARD NO. 2016-007 TO ARZ BUILDERS, INC. FOR NORTH AND SOUTH OCEAN BOULEVARD GAZEBO RENOVATIONS Recommendation: Motion to Approve award of Bid No. 2016-007, City Project Number 2014-090 to ARZ Builders Inc. for the demolition and reconstruction of two wooden gazebos at two separate locations along State Road A1A, in the amount of $98,900.00. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 334-4144-572-63.20 (General Construction Fund: Parks and Recreation/Landscaping Beautification). Sponsors: Purchasing Department City of Delray Beach Page 8 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 Attachments: 2016-007 - Bid Tabulation Location Maps Purchasing Checklist 8.8.10 PROPOSAL FOR SETTLEMENT: ROSA GIESMAN AND MICHAEL GIESMAN V. CITY OF DELRAY BEACH Recommendation: Motion to Deny a settlement offer for the reasons discussed in the Confidential Memo previously distributed to the City Commission. Sponsors: Police Department Attachments: Crash Report 8.6.11 OFFER OF SETTLEMENT IN PETER NELSON v. CITY OF DELRAY BEACH Sponsors: City Attorney Department Attachments: Settlement Agreement and General Release 8.C. ACCEPTANCE OF THE CONCEPTUAL DESIGN FOR THE BEACH MASTER PLAN IMPROVEMENTS Recommendation: Recommended Action: Motion to Approve the Beach Master Plan which addresses infrastructure improvements and landscaping within the promenade/linear park located between State Road A1A and the western edge of the coastal dune system along the 1.25 mile stretch of public beach. Also included in the Project are improvements to the beach entranceways that traverse the dunes. Attachments: Beach Master Plan 0029 8 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-01 - ATLANTI 0029 9 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-02 - ATLANTI 0029 10 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-03 - ATLAN- 0029 11 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-04 - ATLAN- 0029 12 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-05 - ATLAN- 0029 13 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-06 - ATLAN' 0029 14 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-07 - ATLAN' 0029 15 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-08 - ATLAN- 0029 16 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-09 - ATLAN- 0029 17 100801 -CENTRAL BEACH MASTER PLAN - Sheet - A4-10 - ATLAN- 100801-CENTRAL BEACH MASTER PLAN - Sheet - A4-12 - ATLANTIC SOUT UPDATED Cost list for Master Beach Plan of Delray Beach 8.D. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT; PROFESSIONAL FIRE FIGHTERS/PARAMEDICS OF PALM City of Delray Beach Page 9 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 BEACH COUNTY, LOCAL 2928, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), INC. Recommendation: Motion to Ratify the Collective Bargaining Agreement between the City of Delray Beach and the International Fire Fighters Association, Inc. (IAFF) for the period of October 1, 2014 through September 30, 2017. Attachments: IAFF Contract 2014-2017 IAFF 2928 CBA Ratification Letter Approval of Collective Bargaining Agreement Memo to CM 8.E. CONSIDERATION OF FINAL SPECIAL MAGISTRATE REPORT IN MJH BC, LLC V. CITY OF DELRAY BEACH, IN RE. 528 N.W. 1ST AVENUE Recommendation: The City Attorney's Office concurs with the recommendation of the Planning and Zoning Department regarding alternative housing size/configuration options per the reasoning of the Planning and Zoning memorandum accompanying this agenda item. Sponsors: City Attorney Department Attachments: Planning and Zoning Memorandum Original Request Option A.1 Option A.2 Option B Option C Option D Final Special Magistrate Report Correspondence from Concerned Residents 8.113. ROUTINE BUSINESS (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) 8.17. RESOLUTION NO. 75-15 - EXTENDING AN INVITATION TO PESARO, ITALY TO BECOME A SISTER CITY Recommendation: Motion to Approve Resolution No. 75-15, extending an invitation to the City of Pesaro, Italy to become a Sister City and inviting the people of Pesaro, Italy to participate in said program. Attachments: Resolution No. 75-15 Pesaro Italy Sister City City Commission Letter Dated 10-31-15 9. PUBLIC HEARINGS: 9.A. ORDINANCE NO. 22-15 (SECOND READING) - (STAFF HAS REQUESTED THAT THIS ITEM BE MOVED TO THE DECEMBER 8, 2015 REGULAR MEETING) Recommendation: Motion to Approve Ordinance No. 22-15, amending the Land City of Delray Beach Page 10 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 Development Regulations, of the City of Delray Beach, Florida by amending Section 4.6.19, "Tree Ordinance", Subsection (C)(1), "Compliance"; Subsection (D)(2), "Designation/Protection of Exceptional Specimen Trees"; Subsection (D)(3), "Substitution of Mature, Exceptional Specimen Trees/Specimen Trees for Required Parking"; Subsection (E)(3), "Procedure"; Subsection (E)(4), "Issuance of Permit"; Subsection (E)(5), "Imposition of Conditions"; Subsection (E)(8), "Penalties"; Subsection (J)(3), "Cleanup"; and Subsection (N), "Prohibited Species Removed". STAFF HAS REQUESTED THAT THIS ITEM BE MOVED TO THE DECEMBER 8, 2015 REGULAR MEETING. 9.B. ORDINANCE NO. 29-15 (SECOND READING) Recommendation: Motion to Approve second and final reading of Ordinance No. 29-15 Attachments: Ordinance No. 29-15 Ordinance No. 29-15 First Reading Memo 9.C. ORDINANCE NO. 30-15 (SECOND READING) Recommendation: Motion to Approve on second and final reading Ordinance No. 30-15. Attachments: Ordinance No. 30-15 Ordinance No. 30-15 First Reading Memo 9.D. ORDINANCE NO. 31-15 (SECOND READING) Recommendation: Motion to Approve second and final reading of Ordinance No. 31-15. Attachments: Ordinance No. 31-15 Ordinance No. 31-15 First Reading Memo 9.E. ORDINANCE NO. 32-15 (SECOND READING) Recommendation: Motion to Approve on second and final reading Ordinance No. 32-15. Attachments: Ordinance No. 32-15 Ordinance No. 32-15 First Reading Memo 10. FIRST READINGS: 10.A. ORDINANCE NO. 33-15: POLICE ADVISORY BOARDS (FIRST READING) Attachments: Ordinance No. 33-15 - Police Advisory Board 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager 11.A.1 NEXT STEPS FOR THE FIRE DEPARTMENT Attachments: Next Steps for the Fire Department Memo City of Delray Beach Page 11 Printed on 1111312015 City Commission Regular Commission Meeting November 17, 2015 11.A.2 RESPONSES TO THE PUBLIC TO BE HEARD NOVEMBER 17, 2015 Attachments: Memorandum- Responses to Public to be Heard B. City Attorney C. City Commission City of Delray Beach Page 12 Printed on 11113/2015 File #: 15-275, Version: 2 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 MOTION TO APPROVE MINUTES Recommended Action: Motion to Approve various City Commission Meeting minutes as listed below: November 3, 2015 City Commission Special Meeting November 3, 2015 City Commission Regular Meeting November 10, 2015 City Commission Workshop Meeting Minutes 100 N.W. 1 st Avenue Delray Beach, FL 33444 City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM SPECIAL MEETING NOVEMBER 3, 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 5:00 p.m., on Tuesday, November 3, 2015. Roll call showed: Present- Vice Mayor Shelly Petrolia Commissioner Mitchell Katz Mayor Cary Glickstein Absent - Deputy Vice Mayor Alson Jacquet Commissioner Jordana Jarjura 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. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB AE. Attendees: Mayor Cary D. Glickstein Vice Mayor Shelly Petrolia Deputy Vice -Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Manager Donald B. Cooper City Attorney Noel Pfeffer Jamie Alan Cole, Special Counsel A certified court reporter Purpose: Discuss settlement strategy related to the above case. Mayor Glickstein gave a brief overview regarding the Closed Attorney/Client Session. He explained that the meeting would include the list of attendees as outlined above. The session would last about sixty (60) minutes. All Attendees met in the First Floor Conference Room for the Closed Door Attorney/Client Session. Mayor Glickstein reconvened the Special Meeting at 5:31 p.m. and stated the Closed Session is terminated. Mayor Glickstein adjourned the Special Meeting at 5:31 p.m. City Clerk ATTEST: 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, November 3, 2015, which Minutes were formally approved and adopted by the City Commission on November 17, 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. November 3, 2015 City of Delray Beach 100 NW 1 st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com �n Minutes - Draft Tuesday, November 10, 2015 6:00 PM Workshop Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Commission Roll Call: Present: Vice Mayor Shelly Petrolia Commissioner Mitchell Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent: Deputy Vice Mayor Alson Jacquet Minutes - Draft November 10, 2015 Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. Pursuant to Section 3.12 of the Charter of the City of Delray Beach the Mayor has instructed me to announce a Workshop Meeting of the City Commission to be held for the following purposes: WS.1 15-230 PRINCIPLES FOR LONG-TERM FINANCIAL PLANNING Mr. Donald B. Cooper, City Manager, introduced this item. He referenced page three (3) of the handout and stated staff will present Levels of Service (LOS) from all departments to the City Commission for approval in the first quarter of 2016. He stated based on the City Commission's approval, the LOS will drive each individual department's budget as well as what will be required. Mr. Cooper reiterated that staff will try to operate as efficiently as possible. He highlighted the five (5) basic principles for the LOS and stated his goal is to move the city to a more deliberative process. Mayor Glickstein stated this is self evident and if the City Commission consistent in what was expressed at the Goal Setting session and viewing the LOS through the lens of the 3 primary goals, the LOS will drive the budget. He stated that the City Commission needs information to know what they have to work with regarding changes in the Capital Improvement Program (CIP), revised interlocal agreement with the Community Redevelopment Agency (CRA), etc. Vice Mayor Petrolia referenced the tax rate and the LOS. She commented regarding raising the LOS to match the tax rate the city has. Mr. Cooper stated hopefully staff wants to get to a position to where the tax rate can be reduced. He stated he is trying to create a mutually shared expectation. Commissioner Jarjura stated some of the departments should be self sufficient. She stated in some instances the city cannot maintain what it has and the tax rate be lowered. She asked for clarification. Mr. Cooper referenced possible goals and stated he will identify what is City of Delray Beach Page 1 Printed on 11/1212015 City Commission Minutes - Draft November 10, 2015 realistic and what is not. He reiterated that the City Commission will have to make the policy decisions. Mayor Glickstein stated there is low hanging fruit that does not cost anything. He stated those should be handled quickly. He referenced a time of assessment and action regarding the way we are delivering levels of service. WS.2 15-231 BUILDING A FINANCIALLY SELF-SUSTAINING CITY OF DELRAY BEACH Mr. Jack Warner, Chief Financial Officer, stated this process began several months ago with him and the City Manager. He stated the objective is consistent with what the City Manager stated at the Goal Setting session and staff is following those principles. Mr. Warner stated this is presentation is very different from previous analyses presented to the City Commission and referenced Levels of Service. In addition, he presented a current financial view regarding growth and spending being restructured. He stated this is not a forecast but a pro forma analysis: exploring financial consequences of policy options. Mr. Warner identified a base case and five (5) policy options. Commissioner Jarjura asked about repair and replacement, maintenance and new capital projects. Vice Mayor Petrolia asked what would not be a new repair and replacement. Mr. Warner further highlighted each option: Option 1: Economic Development The Mayor stated we are talking about two aspects of growth. Mr. Warner spoke regarding assessed value and revenues. Discussion ensued between the City Commission and staff regarding growth, stagnation and things beyond the city's control. Vice Mayor Petrolia asked if staff has taken into consideration everything that is going on regarding the projects going forward. Option 2: Redeploy Community Redevelopment Agency (CRA) support revenue: Mr. Warner discussed this and stated this is the most difficult option to implement. He referenced a formula, boundaries and the CRA board. City of Deiray Beach Page 2 Printed on 1111212015 City Commission Minutes - Draft November 10, 2015 Commissioner Katz asked when figuring out the options regarding the CRA how much of the economic development (projects) is being taken into consideration. Vice Mayor Petrolia inquired about road changes and $5 million in downtown projects. Option 3: Increase non ad valorem revenues: Mr. Warner spoke regarding franchise fees/licenses/permits, parking, charges for services, fines and forfeits. He stated there are opportunities for enforcement regarding fines and forfeits; these may be among the easiest things to do. Option 4: Reduce grants/donations spending. He stated this is a relatively small number. Vice Mayor Petrolia asked if the library and the archiving is a part of this number. Option 5: Increase productivity. He stated this option deals with the expenses. Mr. Warner stated the assumption is that the city will make an additional productivity gain of approximately two percent (2%). Mayor Glickstein stated this could be achieved by not filling positions. Vice Mayor Petrolia asked for clarification regarding the number of persons. Mayor Glickstein stated this is the place to start focusing and commented about what it may require. Commissioner Jarjura commented regarding combining options and loss. Vice Mayor Petrolia stated productivity options will carry into the future. Mr. Warner referenced page 13 of the presentation and stated it is a summary list. Commissioner Jarjura asked about Option 1. Mayor Glickstein stated this was very helpful. He referenced Options 3, 4, and 5 and stated this is 50%. He referenced Option 1 and stated it is a bit of a double count. He asked regarding the CRA what is the maximum change the city can make without affecting the TIFF. Mr. Warner stated he and the City Attorney will have to work together on this. City of Delray Beach Page 3 Printed on 11/1212015 City Commission Minutes - Draft November 10, 2015 Mayor Glickstein stated Option 2 will have to be tested before the city can do that. Commissioner Jarjura stated she would like to see an analysis done for shrinking the CRA borders. Mr. Warner stated Mr. Jeff Costello, CRA Executive Director, has his team working on a border analysis. Mr. Costello stated the City Commission should have already been contacted by Chris Wallace who wants to interview the Commission. The City Manager stated he has an upcoming meeting with Mr. Wallace. Commissioner Katz stated reconstituting the board is not the only option to this. He stated more communication directly with the CRA is what is needed. The City Manager stated he and Mr. Costello met regarding setting up a meeting possibly an hour prior to a regular meeting next month. Commissioner Katz stated quarterly meetings with the CRA can be scheduled in advance when the City Commission meetings are set. Vice Mayor Petrolia asked how is spending determined within departments. She stated each year the city is increasing spending. Mr. Warner mentioned productivity and stated the city is looking at process reengineering. Mr. Cooper stated he has been asking what we are doing, why are we doing what we are doing and why: is there a return on investment (ROI). Mayor Glickstein stated the way we talk about things is important. He stated it should be how we do different work with less people. He stated this is a great first step. It was the consensus of the Commission that the presentation was helpful. WS.3 15-221 DISCUSSION REGARDING THE SIDEWALK CAFE ORDINANCE Mr. Michael Coleman, Community Improvement Director, introduced this item and thanked the Mayor and Commissioner Jarjura for meeting with his staff. He stated staff is seeking direction and clarification from the City Commission. Ms. Janet Meeks, Assistant Community Improvement Director, conducted a PowerPoint presentation. She referenced Land Development Regulations (LDR) Section 6.3.3. and stated this is the section of Ordinance where staff is having a problem regarding regulation. She stated there are different interpretations within staff. Ms. Meeks stated the second section the are having issues with is the establishment of sidewalk City of Deiray Beach Page 4 Printed on 1111212015 City Commission Minutes - Draft November 10, 2015 cafe adjacent to a travel lane or on -street parking. She referenced multiple photos to illustrate the various sidewalk cafes. Commissioner Jarjura referenced Salt 7's site plan and asked where is the outdoor seating. Ms. Meeks explained the frontage and the sidewalk. Mayor Glickstein and Commissioner Jarjura asked where their property line is. Mayor Glickstein stated that there probably was not a parking analysis completed. He stated it is important to understand where the property starts and stops. Commissoner Jarjura reiterated it is important to know where public and private right of way is. Ms. Meeks stated there has been a lack of enforcement over the years. Vice Mayor Petrolia asked why the Coffee District cannot move their outdoor dining over. Mr. Coleman stated due to a raised elevation it cannot be moved. Ms. Meeks stated they have received numerous waivers regarding sidewalk cafes. Mayor Glickstein asked what is the difference between the others and the Coffee District. Ms. Meeks stated it would be on -street parking. She also referenced photos of sidewalk cafe's on private property. Ms. Jarjura stated the city should not regulate private property since the properties have to comply with the Americans with Disability Act (ADA) regulations. The City Commission reiterated that Code Enforcement should not be regulating private property: that is between landlord and tenant regarding ADA compliance. Vice Mayor Petrolia stated the double stacking on Atlantic Avenue is an issue. Commissioner Katz asked if staff spoke to the owners regarding what is allowed for sidewalk cafes. Mayor Glickstein reiterated that certain places cannot meet the clearance. He commented about restaurants east of the bridge and stated they do not City of Deiray Beach Page 5 Printed on 1111212015 City Commission Minutes - Draft November 10, 2015 get as much foot traffic as restaurants west of the bridge. Commissioner Katz suggested more of a concrete code process. Mr. Coleman asked about Fat Rooster and them having tables on both sides. The City Commission stated there should be no tables on the corners. Regarding LDR Section 6.3.3, the City Commission reiterated that private property should be eliminated from the definition regarding Sidewalk cafes. Mr. Stillings, Planning and Zoning Director, spoke about use area and assigned parking. Commissioner Jarjura stated that the Commission needs to know which cafes were a part of the site plan for businesses. Discussion continued between the City Commission and staff regarding regulation and related situations. Mr. Noel Pfeffer, City Attorney, provided a summary of the City Commission discussion into three principles: 1. No regulation of sidewalk cafes on private properties; potential grandfather clause 2. Outside of the Atlantic Avenue envelope: Intracoastal, Swinton and 1 st including Pineapple Grove and east of the bridge, restaurants with at least a six (6) foot clearance can have tables and chairs on both sides. 3. Inside of the zone: Swinton, Intracoastal and 1st if the restaurant has at least six (6) foot clearance, the restaurant can pick which side the tables are on; with seven (7) feet the restaurant can place tables on both sides. Regarding corners, the restaurant cannot have tables on both sides. If it is a through street/travel lanes, no front AND side tables. Mr. David Scott, Assistant City Manager/Operations, stated staff will bring back a report to the City Commission after mapping what was discussed on GIS. Mayor Glickstein stated he would like to see an indemnification clause in every agreement at the corporate level if they are using the right of way and the city should be named as an additional insured. The City Attorney discussed what the city now requires as part of the agreements. City of Delray Beach Page 6 Printed on 11/1212015 City Commission Minutes - Draft November 10, 2015 WS.4 15-259 Commissioner Katz asked about the Office restaurant and enforcement. He stated on a Friday or Saturday night it is impassable. The City Commission discussed the Pine Grove area -the Coffee District. Vice Mayor Petrolia stated the concern is a safety issue and it cannot be moved over because there is a slope. The Commission stated this would be a good example for a waiver due to it having a unique constraint. Vice Mayor Shelly Petrolia congratulated Ms. Meeks on her new position. Commission Comments: Commissioner Jarjura thanked Code Enforcment for addressing issues. She asked about an update regarding the lobbying contract and which projects will be the focus. Commissioner Katz stated on Friday Atlantic Community High School (ACHS) will be entering the playoffs against Wellington and commented regarding seating for the playoffs. He also commented regarding the dunk tank and stated it was alot of fun. He mentioned the different events going on this past weekend and suggested that communication be held regarding events. He stated he met with some staff persons prior to the meeting and stated he would like to see the senior level staff incentivize their lower level staff to go above and beyond. He suggested that the City Commission recognize those staff members and stated this would help morale. Vice Mayor Petrolia spoke regarding parking in the beach area and asked that the signage be changed to reflect what was approved. The City Manager stated staff is dealing with this. She stated the Sister Cities dinner was an incredible night of bonding: kudos to the Sister Cities organization, David Schmidt and Tony Durante. Mayor Glickstein spoke regarding the notices about project holiday and thanked Delores Rangel, Executive Assistant to the City Commission, and her team. He stated the Veterans Day parade is tomorrow and over 14 WWII veterans will be there including Lt. General Ely and urged everyone to attend. The meeting was adjourned at 8:31 p.m. by Mayor Cary Glickstein. City of Delray Beach Page 7 Printed on 11/1212015 City Commission Minutes - Draft November 10, 2015 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 Workshop Meeting of the City Commission held on Tuesday, November 10, 2015, which Minutes were formally approved and adopted by the City Commission on November 17, 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. City of Deiray Beach Page 8 Printed on 1111212015 City of Delray Beach 100 NW 1 st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com �n Minutes - Draft Tuesday, November 3, 2015 6:00 PM Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Commission Minutes - Draft November 3, 2015 1. ROLL CALL Present: Vice Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Mitchell Katz Mayor Cary Glickstein Absent: Commissioner Jordana Jarjura Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG A. 15-208 ATLANTIC COMMUNITY HIGH SCHOOL CRIMINAL JUSTICE ACADEMY HONOR GUARD PRESENTATION OF COLORS 3. APPROVAL OF MINUTES: A. 15-175 MOTION TO APPROVE MINUTES A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the Minutes be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 4. PRESENTATIONS: A. 15-128 SPOTLIGHT ON EDUCATION PRESENTATION- PINE GROVE ELEMENTARY SCHOOL Principal Joe Peccia spoke regarding Pine Grove Elementary School. He stated that Mr. Bill Fay is a legend in education. He stated that Pine Grove had a great year in 2014 and they are continuing to raise proficiency in terms of the FSA. He stated they will continue working as hard as they can in this area. Principal Peccia spoke regarding the safety patrol trip to Washington, D.C. and he also referenced the aftercare and summer camp programs at Pine Grove Elementary. He thanked Commission for this time tonight. B. 15-153 RECOGNIZING AND COMMENDING BILL FAY City of Deiray Beach Page 1 Printed on 1111312015 City Commission Minutes - Draft November 3, 2015 Mayor Glickstein read the proclamation and presented it to Principal Bill Fay. Mr. Fay discussed the reasons for his retirement. He also commented regarding his experiences in Delray Beach, as well as with the City Commission, the Education Board, the Fire -Rescue and Police Departments, City Engineers, the Chamber of Commerce and the support of so many. C. 15-166 RECOGNIZING SISTER CITIES STUDENT AMBASSADORS AND CHAPERONES FROM MIYAZU, JAPAN Mayor read proclamation and presented the proclamation to the students. He also thanked their chaperones and Tony Durante and David Schmidt for their efforts in making this all possible. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: City Manager's responses to prior public comments and inquiries: Mr. Cooper spoke regarding Mr. Eric Wagner's comment regarding Marina Parking and rental cars. Public Comment: 1. Jim Smith spoke regarding waivers, parking spaces, TDM initiatives, Land Development Regulations (LDR) revisions and traffic congestion. He read a statement into record. 2. Jim Knight spoke regarding the changes with the online agenda and stated it is a little bit confusing. He also asked if the public can receive the backup for the other boards online as well. Mr. Knight stated support is needed for the upcoming Atlantic Community High School football game and encouraged attendance. 3. Alice Finst spoke regarding the online agenda. She stated it is not a useful new system. She also spoke regarding the Site Plan Review and Appearance Board (SPRAB) video presentations and City Commission Meeting presentations. She stated they are not visible online and offered suggestions. 4. Graham Hutchinson spoke on behalf of his clients regarding the permitting process within the city of Delray Beach for a water line. 5. Gary Eliopoulos spoke regarding the rules and stated they keep changing regarding permitting, sidewalks and right of ways. He discussed the personnel and getting questions answered. He asked Commission to think about some of these policies. Mr. Eliopoulos also referenced the Delray Beach Community Land Trust and asked the City Manager to check City of Deiray Beach Page 2 Printed on 1111312015 City Commission Minutes - Draft November 3, 2015 into the policy regarding parking spots in front setbacks. Discussion ensued between the Commission and Mr. Eliopoulos. 6. Ricky Grau, Professional Fire Fighters of Palm Beach County, spoke regarding the issue of moving the city's Fire -Rescue to Palm Beach County. He commented about a suppression unit being out of service at Station 5. Mr. Grau provided suggestions regarding personnel and staffing, apparatus, salaries, etc. 7. Ron Nobili read a statement into record regarding Marina District parking. 8. Randolph Belli spoke regarding parking at Marine Way. He discussed email and internet service and the charges by Comcast. He also referenced an article in the Sun Sentinel today regarding boat slips and mentioned that there are coconuts and Royal Palms that are being neglected. 9. Peter Humanik thanked the City Manager for enforcing the rules and thanked the Commission that the tables are off of the side streets on Atlantic Avenue. He stated the parking permits are working out well and stated there should be another level of parking. He provided suggestions regarding parking. He commented regarding meters and stated maybe permits can be put in to allow for three hours. 10. Gigi Basilio, on behalf of the residents of Tropic Palm, stated they are trying to make improvements. She commented regarding signage and stated their biggest challenge is the maintenance. She commented regarding Sabal Palms that have been neglected for years and asked the city to support them in regards to maintenance. At this point in the meeting due to it being 7:00 p.m., the City Commission went to the Public Hearing portion of the agenda. Public Comment was reopened after Public Hearings at 7:04 p.m.: 11. Alan Schlossberg spoke regarding the Fire Rescue services going to Palm Beach County. He stated this should not be negotiated out. It is an essential service. He suggested the city work out a plan regarding pension obligations. 12. Susan Ruby spoke regarding fire negotiations and asked Commission to consider the points raised by Mr. Schlossberg and stated local government is closest to the people and so is fire service. She stated they City of Delray Beach Page 3 Printed on 11/1312015 City Commission Minutes - Draft November 3, 2015 care about the community and stated these are vital services. 13. Yvonne Odom stated the city's resources are the people and the services provided. She stated the city has its own Fire and Police Departments, parks, etc. She stated her children moved back home to raise their own children here because of their experiences in Delray Beach. Ms. Odom urged the Commission to not lose what the city has built. 14. Joy Howell spoke regarding the Fire Rescue Department services going to Palm Beach County. 6. AGENDA APPROVAL The City Manager had no staff requested agenda changes. The City Attorney had no requested agenda changes. Vice Mayor Petrolia asked that Item 11.A.1, Update on Fire Rescue Consolidation, be moved up in the agenda. It was moved to Item 8.A.A. on the Regular Agenda. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that the Agenda be approved as amended. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 7. CONSENT AGENDA: City Manager Recommends Approval A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the Consent Agenda be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura A. 15-186 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ALLEYWAY AT 210 NORTH SWINTON AVENUE This Request was approved. B. 15-185 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ALLEYWAY AT 214 NORTH SWINTON AVENUE This Request was approved. City of Delray Beach Page 4 Printed on 1111312015 City Commission Minutes - Draft November 3, 2015 C. 15-156 PURCHASE AWARD WITH DON REID FORD UTILIZING THE FLORIDA SHERIFF'S ASSOCIATION (FSA) CONTRACT NO. 15-23-0904 This Purchase Award was approved. D. PROCLAMATIONS: D.1. 15-127 DELRAY READS DAY! - NOVEMBER 12, 2015 This Proclamation was approved. E. 15-174 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR THE PERIOD OCTOBER 5, 2015 THROUGH OCTOBER 16, 2015 This Item was approved. F. AWARD OF BIDS AND CONTRACTS: F.I. 15-131 BID AWARD 2015-77: MULTIPLE VENDORS FOR ELECTRIC PUMP REPAIRS This Bid Award was approved. F.2. 15-132 BID AWARD 2015-73 FOR ADMINISTRATION OF POLICE OFF-DUTY DETAILS TO HART HALSEY, LLC. This Bid Award was approved. 8. REGULAR AGENDA: A. 15-11 CONDITIONAL USE REQUEST TO ALLOW A VETERINARY CLINIC FOR MOBILEVET2U, 4997 WEST ATLANTIC AVENUE (QUASI-JUDICIAL HEARING) Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into the record for this item and all subsequent Quasi -Judicial Items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item and all subsequent Quasi -Judicial Hearing items. Mayor Glickstein asked the Commission members to disclose their ex parte communications. All members of the Commission stated they had no ex parte communications to disclose. City of Delray Beach Page 5 Printed on 1111312015 City Commission Minutes - Draft November 3, 2015 Mr. Tim Stillings, Planning and Zoning Department Director, entered Project File #2015-200 USE -CCA into record and presented this item. Staff recommendation is approval. The applicant was present for questions. Mayor Glickstein asked if anyone from the public would like to speak in favor or in opposition of Item 8.A. to come forward at this time. There being no one from the public who wished to address the Commission regarding Item 8.A., the public comment was closed. There was no cross-examination or rebuttal from City Staff or the applicant. The City Attorney reviewed the board order with the City Commission. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Conditional Use Request be approved. The motion carried by the following vote: Yes: 3 - Mayor Glickstein, Vice -Mayor Petrolia, and Commissioner Katz No: 1 - Deputy Vice Mayor Jacquet Absent: 1 - Commissioner Jarjura B. 15-170 REQUEST FOR IN -LIEU PARKING FEE FOR UPTOWN ATLANTIC (QUASI-JUDICIAL HEARING) Mayor Glickstein asked the Commission to disclose their ex parte communications. Deputy Vice Mayor Jacquet stated he had no ex parte communications to disclose. Mayor Glickstein, Vice Mayor Petrolia and Commissioner Katz stated there were no additional ex parte communications since the last time the project came before the City Commission. Mr. Tim Stillings, Planning and Zoning Director, entered Project File #2015-013-INL into the record and presented this item. Mr. Bob Currie, Currie Sowards Aguila Architects, spoke on behalf of the applicant regarding the project and the number of spaces total. Mayor Glickstein asked if anyone from the public would like to speak in favor or in opposition of Item 8.B. to come forward at this time. Public Comment: City of Delray Beach Page 6 Printed on 11/1312015 City Commission Minutes - Draft November 3, 2015 Peter Humanik spoke regarding parking. There being no one else from the public who wished to address the Commission regarding Item 8.13., the public comment was closed. There was no cross-examination or rebuttal from City Staff or the applicant. Mr. Currie stated they have plenty of parking due to the new rule. Mayor Glickstein asked Mr. Stillings to address Deputy Vice Mayor Jacquet's comments regarding inclusion. Mr. Stillings addressed the parking spaces and the credit. Deputy Vice Mayor Jacquet asked for clarification regarding the credit for parking spaces. Vice Mayor Petrolia asked if we know how many parking spaces are in that area. She stated her biggest concern is that with where this is we do not have the same parking problems as in the downtown area. She also commented regarding the overflow into neighborhoods. Mr. Stillings discussed the difference between the on-site parking spaces and the on -street parking spaces. He stated there is sufficient parking in the project area regarding the number of on -street parking spaces. Vice Mayor Petrolia stated due to her concerns about parking she cannot support this request. Deputy Vice Mayor Jacquet further commented about parking in this particular area and stated he does not support this request. Commissioner Katz stated he concurs with Vice Mayor Petrolia and Deputy Vice Mayor Jacquet regarding this request. He stated he has a hard time giving up parking. He stated his biggest concern is that the city has to have parking and other modes of transportation have to be encouraged. He stated this may set a precedent in the future and commented about the incentives that have been given for this project. Commissioner Katz stated they have to figure out a way to put the forty-two (42) spaces in the project. Mayor Glickstein what is the maximum number of in -lieu parking spaces that have been allowed. Mr. Stillings discussed rates and parking ratios regarding in -lieu parking. He stated they are generally based on Urban Land Institute studies City of Delray Beach Page 7 Printed on 11/1312015 City Commission Minutes - Draft November 3, 2015 regarding parking. Mayor Glickstein asked what leads Mr. Stillings to believe the parking is adequate. Deputy Vice Mayor Jacquet asked Mr. Stillings if we have a program for shared parking in the city. Mr. Stillings stated if an adjacent project has excess spaces available shared parking can be applied. Mr. Stillings stated the city is looking ahead to the future generations as far as what the city's population will need in terms of designing areas for the people versus vehicles. Mayor Glickstein stated this comes back to planning and asked if anyone has looked at developable CBD properties in the West Atlantic area. He stated the city needs to figure out how to support development in this area. Mayor Glickstein commented that the number before them for approval tonight is a big number. He asked what exists today in regards to parking on Atlantic now -what amount of parking is being added to the West Atlantic area independent of what is being built. Discussion continued between the City Commission and staff. Mayor Glickstein asked if the West Atlantic Redevelopment Coalition (WARC) has reviewed this. Mr. Stillings responded that WARC had reviewed this. Mr. Chuck Ridley, Vice -Chair of WARC, was sworn in by the City Clerk and spoke regarding the project. He stated WARC has had considerable conversations regarding this project and they support it. Mayor Glickstein asked if WARC has discussed the possibility of future projects and future parking coming into this area. Deputy Vice Mayor Jacquet stated although he feels the project should go forward he is tasked with seeing the long term. Commissioner Katz asked about meeting the parking requirements without altering the number of townhomes or other parts of the project. Mr. Currie stated the community did not want a parking structure. He stated he has been to over thirty (30) meetings and the community is in support of this project. Discussion ensued regarding the project and the conditional use and City of Delray Beach Page 8 Printed on 11/1312015 City Commission Minutes - Draft November 3, 2015 whether or not the City Commission knew the in -lieu request was coming. Commissioner Katz stated he wants to know from staff and legal if the City Commission approves this are they setting a precedent. Mr. Noel Pfeffer, City Attorney, stated each property is unique. Mayor Glickstein stated he understands the concerns and discussed the market and the community. Commissioner Katz stated he attended one of the work session meetings and the community was supportive of this project. A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the Request for In -Lieu Parking Fee be approved. The motion failed by the following vote: Yes: 2 - Mayor Glickstein, and Commissioner Katz No: 2 - Vice -Mayor Petrolia, and Deputy Vice Mayor Jacquet Absent: 1 - Commissioner Jarjura C. ROUTINE BUSINESS (ALL ITEMS UNDER THIS SUBSECTION TO BE APPROVED BY ONE MOTION. ANY ITEM UNDER ROUTINE BUSINESS MAY BE MOVED BY COMMISSION FOR SEPARATE CONSIDERATION) Vice Mayor Petrolia stepped away from the dais at this time. Deputy Vice Mayor Jacquet stated he would like to receive a year to date report of what has been spent this last fiscal year with Mathews Consulting, Inc. Mr. Randal Krejcarek, Environmental Services Director, stated he will provide the report to the City Commission. A motion was made by Commissioner Katz, seconded by Deputy Vice Mayor Jacquet, that all items under Routine Business be approved. The motion carried by the following vote: Yes: 3 - Mayor Glickstein, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 2 - Vice -Mayor Petrolia, and Commissioner Jarjura C.1. 15-102 SERVICE AUTHORIZATION NO. 12-18 TO MATHEWS CONSULTING, INC. FOR PROFESSIONAL SERVICES IN CONDUCTING AN UPDATE TO THE RECLAIMED WATER MASTER PLAN (P/N 2016-025) This Request was approved. City of Delray Beach Page 9 Printed on 1111312015 City Commission Minutes - Draft November 3, 2015 C.2 C.3 E F 15-106 SERVICE AUTHORIZATION NO. 12-19 TO MATHEWS CONSULTING INC. FOR THE LIFT STATION #1 UPGRADE STUDY This Request was approved. 15-193 PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN $25,000/ MULTIPLE VENDORS This Item was approved. 15-098 PROPOSED INCREASE TO MARINA RENTAL RATES Ms.Suzanne Fisher, Parks and Recreation Director, presented this item regarding the proposed increase. Mayor Glickstein commented regarding the memo and asked where does the city stand in regards to market rates. He asked how far below is the city in regards to rates. Ms. Fisher stated the city is approximately 10% below other cities and provided further clarification regarding rates. Vice Mayor Petrolia commented regarding other marinas and locations. She stated she has analyzed that our electric is not being included in our current rates. She stated we are way low on rates and stated Delray Beach is a unique spot. She commented that the city should conduct a study and see if the city should be having live -a -boards. Vice Mayor Petrolia also commented about metered rates and if the city is compliant at this time. Commissioner Katz commented regarding rates and marinas. Ms. Fisher stated she will bring additional information back to the City Commission regarding rates. 15-119 NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVISORY BOARD A motion was made by Mayor Glickstein, seconded by Commissioner Katz, that the nomination to appoint Sandy Trento as an alternate to the Green Implementation Advisory Board to serve an unexpired term ending July 31, 2017 be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 15-199 NOMINATION FOR APPOINTMENT TO THE CIVIL SERVICE BOARD City of Deiray Beach Page 10 Printed on 1111312015 City Commission Minutes - Draft November 3, 2015 Mayor Glickstein stated it was brought to his attention that the applicant may have a potential conflict of interest. The City Attorney stated the applicant can be appointed if the potential conflict of interest is addressed. The appointment was deferred until the applicant addresses the potential conflict of interest and/or additional applicants are received. 9. PUBLIC HEARINGS: A. 15-213 ORDINANCE NO. 26-15 (SECOND READING) Delray Beach Police Chief Jeffrey Goldman introduced this item and stated Jeff Kadel is present. He stated the Police Department supports this. Jonah Fishcer, President of Teen CIA/Student, read a statement into the record supporting this ordinance. A motion was made by Commissioner Katz, seconded by Deputy Vice Mayor Jacquet, that Ordinance No. 26-15 be adopted on second and final reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 10. FIRST READINGS: A. 15-137 ORDINANCE NO. 22-15 (FIRST READING): AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR), SECTION 4.6.19 TO PROMOTE TREE PRESERVATION AND PROTECTION. Mr. Stillings presented this item. He stated the amendments were prompted by several developments in regards to maintenance of certain trees and landscaping. He reviewed the highlights of the proposed ordinance. The Planning and Zoning board recommended approval. Mayor Glickstein asked about Section Four of the ordinance in regards to calipers and stated he would like to see that reduced to eight inches and stated the amounts are too far below. Mayor Glickstein commented regarding losing trees. Mr. Stillings stated this will be a balance regarding keeping the trees and some trees being replaced or relocated. Mayor Glickstein stated he does not feel this ordinance gets the city there in terms of keeping trees or relocating them. He asked what is the value of losing certain trees. He commented regarding specimen and stated an eight inch caliper should be used. He referenced Section 5D of the ordinance. City of Deiray Beach Page 11 Printed on 1111312015 City Commission B. 15-181 Minutes - Draft November 3, 2015 Mr. Stillings discussed the in -lieu payment and mitigation. Vice Mayor Petrolia stated she wants to make sure that this ordinance prizes the city's trees. She asked that staff find out if there is a certain town that does have this as part of their ordinances. Mayor Glickstein suggested that staff contact the company, Tree Movers, and ask about the cost and criteria regarding relocation of trees. Mayor Glickstein commented regarding projects. Commissioner Katz asked how will this ordinance affect current development and how some developments have to fix problems with trees. He inquired if the ordinance is only for new development. Mr. Stillings stated this ordinance is intended to be a stop gap measure for this time. Discussion continued between staff and Commission regarding this ordinance. Mayor Glickstein asked that the caliper size be changed to 8 inches and asked what would be a time certain for bringing this back to the City Commission and referenced June 1 st as a date that staff will bring the ordinance back to Commission in reference to a comprehensive review. Commissioner Katz asked if hardship language can be added for single attached and single detached. He also referenced Page 6 of the Ordinance. A motion was made by Vice -Mayor Petrolia, seconded by Deputy Vice Mayor Jacquet, that Ordinance No. 22-15 be approved on first reading with changes as discussed. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura ORDINANCE NO. 29-15 (FIRST READING): AMENDMENT TO POLICE AND FIRE PENSION PLAN WITH REGARD TO REHIRE OF RETIRED EMPLOYEES Mr. Noel Pfeffer, City Attorney, read the caption and presented this item. He stated this ordinance will allow under limited circumstances at the discretion of the city, the reemployment of city employees retired under the city's Police and Fire pension system. He reiterated the IRS rule and stated other cities have ordinances that provide a break in service. He City of Deiray Beach Page 12 Printed on 11/13/2015 City Commission Minutes - Draft November 3, 2015 C. 15-180 D. 15-173 highlighted what he has proposed which is a thirty (30) day break in service. This ordinance was reviewed by the city's pension counsel. He stated the way this is written the employee can only come back on a part-time basis. Mr. Pfeffer stated this does not apply if that employee wants to work under the general pension. A motion was made by Commissioner Katz, seconded by Deputy Vice Mayor Jacquet, that Ordinance No. 29-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura ORDINANCE NO. 30-15 (FIRST READING): AMENDMENT TO GENERAL EMPLOYEE PENSION PLAN WITH REGARD TO REHIRE OF RETIRED EMPLOYEES Mr. Noel Pfeffer, City Attorney, read the caption and presented this item. He stated this ordinance is the identical form of Ordinance and it is for the General Employees. Vice Mayor Petrolia asked a question regarding under what circumstances the general employees can come back. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that Ordinance No. 30-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura ORDINANCE NO. 31-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE A CHARTER AMENDMENT THAT WOULD PROVIDE THE CITY COMMISSION WITH THE AUTHORITY TO APPOINT AN INTERNAL AUDITOR The City Attorney read the caption and discussed that this is a Charter amendment. He also referenced general duties of the internal auditor position. The position can be structured by the City Commission in a variety of ways. Mayor Glickstein asked if this changes the Charter and if the City Commission will still have the ability to modify this position. The City Attorney offered an explanation regarding modification of the position. City of Deiray Beach Page 13 Printed on 1111312015 City Commission Minutes - Draft November 3, 2015 A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that Ordinance No. 31-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura E. 15-167 ORDINANCE NO. 32-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE THE REPEAL OF THE SPECIAL ACT THAT CREATED THE CITY'S CIVIL SERVICE CODE The City Attorney read the caption and presented this item regarding the city's Civil Service Code. He provided an update regarding meetings held on the legislation. Vice Mayor Petrolia asked how important is this to have it on the March 15, 2016 Presidential Preference Primary election. She asked what will happen in those six (6) months. The City Attorney provided further clarification and stated it is part of modernizing the code. The City Attorney stated he discussed this with the city's lobbyist, Mr. Ballard and they believe this will be successful. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that Ordinance No. 32-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager A.1. 15-103 FIRST NIGHT 2015 UPDATE - SITE PLAN & TRAFFIC PLAN Mr. Cooper, City Manager, provided an update to the City Commission regarding First Night. Commissioner Katz asked are we going to have less people and commented that this is a hometown event. He spoke regarding the elimination of street closures. Ms. Suzanne Fisher, Parks and Recreation Director, provided clarification regarding street closures. She stated the events will still be the same just shifted off of Atlantic Avenue. City of Deiray Beach Page 14 Printed on 11/13/2015 City Commission Minutes - Draft November 3, 2015 Mr. Cooper stated hopefully this will minimize inconvenience and make it safer. A.2. 15-217 UPDATE ON FIRE RESCUE CONSOLIDATION B. City Attorney Mr. Cooper, City Manager, provided an update regarding the fire rescue consolidation. Mayor Glickstein asked for clarification of the City Manager's comments. Discussion ensued between the City Commission and the City Manager regarding Fire -Rescue services. None C. City Commission Vice Mayor Petrolia commented regarding the Microenterprise Loan Program and stated someone has to figure this out. She also commented regarding the new parking times and stated the signage does not coincide with what was approved. She also commented regarding the cafe tables being cleared so that people can pass and stated this is great. She commented regarding other areas that are being impacted. Mayor Glickstein stated the topic of sidewalk cafes will be on the workshop agenda next week. Vice Mayor Petrolia asked if someone will look into the tree trimming situation in Tropic Palms. Mayor Glickstein stated he stands by the Commission's decision regarding the hours but the implementation on the parking was abrupt and asked that the City Commission give the City Manager direction on how to handle this. He asked that the enforcement be held in abeyance until meters are installed. Deputy Vice Mayor Jacquet commented regarding signage and installation of meters. He stated the City Commission had been discussing parking hours for a long time. Commissioner Katz discussed signage at Sandoway Parking Lot. Mr. Cooper stated staff will address the signage issue. Commissioner Katz stated he would like to see this revisited by the City Commission on an agenda. Mayor Glickstein discussed forgiveness of the tickets that have been issued. Commissioner Katz stated there is a problem on Atlantic Avenue from 5th to the Bridge -the lights are out. He also discussed the accountability issue City of Delray Beach Paye 15 Printed on 11/1312015 City Commission Minutes - Draft November 3, 2015 brought up by Mr. Eliopoulos regarding staff doing their job. In addition, Commissioner Katz commented regarding morale improvement. Mr. Cooper stated he and Ms. DeCoste are working on this. Deputy Vice Mayor Jacquet asked how much leeway do they have when they talk to staff. He reiterated that the City Attorney and City Manager are the City Commission's direct reports. He commented that the Commission should speak to Mr. Cooper if they need something from staff or are not satisfied. He also discussed why he did not support the in -lieu request and the Mobile Vet2U agenda items. He stated the community has already discussed what they wanted and he feels that should be followed. Deputy Vice Mayor Jacquet asked that staff get in touch with WARC regarding the study they conducted. Mayor Glickstein commented regarding the agenda changes online. Mr. Cooper stated staff will put together instructions regarding the utilization. Mayor Glickstein also commented regarding homelessness and other cites that have put programs into place i.e. Albuquerque, New Mexico, Raleigh Durham, North Carolina and Santa Monica, California. He asked that staff look into this. Mr. Cooper stated staff is already starting the process as a result of Goal Setting. Mayor Glickstein acknowledged Carver Middle School Principal, Ms. Kiwana Prophete, who is one of three finalists from across the state for the Leonard Miller Leadership Award. The meeting was adjourned at 10:07 p.m. by Mayor Cary Glickstein. City Clerk ATTEST: Mayor The undersigned is the City Clerk of the City of Delray Beach, Florida, and City of Deiray Beach Page 16 Printed on 11/13/2015 City Commission Minutes - Draft November 3, 2015 the information provided herein is the Minutes of the Regular Meeting of the City Commission held on Tuesday, November 3, 2015, which Minutes were formally approved and adopted by the City Commission on November 17, 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. City of Deiray Beach Page 17 Printed on 11/13/2015 File #: 15-184, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 SPOTLIGHT ON EDUCATION - CARVER MIDDLE SCHOOL 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: Kiwana Prophete, Principal of Carver Middle School, will be reporting on the Partnership to Advance School Success (PASS) program, which the City supports through a matching grant with the Council for Educational Change. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM File #: 15-163, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 RESOLUTION NO. 70-15 RECOGNIZING AND COMMENDING REGGIE DOBARD, SR. FOR 50 YEARS OF SERVICE Recommended Action: Motion to Approve Resolution No. 70-15 recognizing and commending Mr. Reggie Dobard, Sr. Background: Reggie Dobard, Sr., has been a part-time employee with Delray Parks and Recreation since 1965. Mr. Dobard began his career with Parks & Recreation as a seasonal Recreation Supervisor at the Catherine Strong Recreation Center. Mr. Dobard has also held the position of part-time lifeguard at Teen Town Pool & Recreation Center (now known as Pompey Park pool) and part-time Recreation Supervisor at Pompey Community Center. Mr. Dobard is truly dedicated to the youth of our community, shows a caring attitude, has an excellent work ethic, and is a valuable and essential part of Delray Beach Parks & Recreation. Mr. Dobard is a part-time employee with the Parks & Recreation Department working a maximum of 29 hours per week. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM RESOLUTION NO. 70-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING REGGIE DOBARD, SR. FOR FIFTY YEARS OF PART TIME SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Reggie Dobard, Sr. began his career with the City of Delray Beach in the year 1965 as a seasonal Recreation Supervisor at the Catherine Strong Recreation Center in Delray Beach, FL; and WHEREAS, Reggie a native born Floridian attended and graduated from Carver Elementary Middle High School in 1961 where he played and lettered in basketball and was team captain; and WHEREAS, in 1961 Reggie attended Bethune Cookman College in Daytona Beach, FL on a four year basketball scholarship where he won the SIAC Championship two years straight in 1964 & 1965 and also was team captain when he graduated in June, 1965 earning his Bachelor of Science Degree in Physical Education; and WHEREAS, Reggie started his Physical Education teaching career with the Public School System in Bradenton, FL from 1965 - 1967; and WHEREAS, he transferred back home to the Palm Beach County School system working at Carver Middle School, Lake Worth High School and then on to Atlantic Community High School where Reggie coached basketball for 7 years. He retired in 2002 after teaching Health and Physical Education for 37 1/a years; and WHEREAS, in 1967 Reggie left Catherine Strong Park to be a part-time lifeguard at the Teen Town Pool & Recreation Center (now known as Pompey Park pool); and WHEREAS, in 1982 Reggie then moved over to Pompey Park Recreation Center as a part- time Recreation Supervisor, where he continues to service in that capacity; and WHEREAS, Reggie is truly dedicated to the youth of our community, shows a caring attitude, has an excellent work ethic, and is a valuable and essential part of Pompey Park and the Parks and Recreation Department. 1 Res No. 70-15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Reggie Dobard, Sr. for fifty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Reggie Dobard, Sr. for his many years of service, and wishes him the best of health and happiness in his continued employment. PASSED AND ADOPTED in regular session on this the 17``' day of November 2015. ATTEST: CITY CLERK Mayor Res No. 70-15 File #: 15-272, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 WEST ATLANTIC REDEVELOPMENT COALITION (WARC) PRESENTATION - UPDATE ON COMMUNITY BENEFITS AGREEMENT (CBA) City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM 00 st nue City of Delray Beach 1lrayBe Beach, 34 Delray Beach, FL 33444 Legislation Text File #: 15-159, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ACCEPT TWO (2) FEET ALLEY RIGHT-OF-WAY DEED FOR THE METROPOLITAN OFF-SITE PARKING LOT Motion to Accept a right-of-way deed agreement for a two foot right-of-way dedication along the west side of the existing east/west 16 foot alley for The Metropolitan Off -Site Parking Lot. Background: The subject property consists of 6,095 sq. ft. (0.1399 acres) and currently operates as a paved two -way driveway which provides ingress/egress access to an adjacent property to the north and runs east/west between the existing north/south 16' alley and SE 4th Avenue. The parcel is owned by Suntrust Bank. On March 3, 2015, the City Commission approved a Parking Compliance Agreement between The Metropolitan, Suntrust Bank and the City of Delray Beach to resolve a 15 -space parking deficit for Suntrust Bank created by future construction of The Metropolitan on existing surface parking lots owned by Suntrust Bank. This agreement calls for construction of seven off-site parking spaces along the rear alley and construction of an 8 -space angled parking lot east of the rear alley, to be provided exclusively for Suntrust Bank utilization in perpetuity. This agreement cannot be modified or dissolved without the expressed written consent of the City of Delray Beach. Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is twenty feet or the existing dominant width. The existing alley right-of-way is sixteen feet. 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. City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-159, Version: 1 City Commission Discussion: Accept a right-of-way deed agreement for a two foot right-of-way dedication along the west side of the existing east/west 16' alley for The Metropolitan Off -Site Parking Lot. Advisory/Approving Board Recommendation: On June 10, 2015 the Site Plan Review and Appearance Board (SPRAB) conditionally approved the associated Class II Site Plan Modification request. As a condition of site plan approval, a two foot alleyway dedication along the alley is required. ATTACHMENTS: Location Map ❑ Approved Site Plan - Parcel 4 ❑ Right -of -Way Deed Agreement ❑ SPRAB Report of June 10, 2015 City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'"^ Q > Z M JQ C,t N[UC D W W FEEE Z Z m E Atlantic Ave m LO Q LO w U) Q Q c � N W cUJLU SE 1 st Stu) a� Q coF P W THE METROPOLITAN =� - j Off -Site Parking NORTH PLANNING & ZONING LOCATION MAP Subject Property DEPARTMENT Document Path: S:\Planning & Zoning\DBMS\GIS\Location Maps\The Metropolitan at Delray.mxd TCnn AIAI A I I A K1r-%C%f-% n nC ISLAND 42' ASPHALT PA VEMEN T S.E. 4TH AVENUE (AITKEN STREET PLAT) Proposed Site Plan -Parcel 4 Scale: N.T.S. z 0 MI CKUR [ I Noel Pfeffer City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this Ot0 day of - 2015 between SUNTRUST BANK, a Georgia banking corporation, with a mailing address of 200 South Orange Avenue, Mail Code: Florida -Orlando -2032, Orlando, Florida 32801, Attn: Corporate Real Estate and Workplace as party of the first part and CITY OF DELRAY BEACH, FLORIDA, with a mailing address of 200 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 parry 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 Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the parry of the second part, its successors and assigns, a right-of-way in and to said lands for public highway, street, and public utility purposes and the maintenance thereof. That this right-of-way shall be subject only to those easements, restrictions and reservations 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 Page 1 of 3 agrees to erect no building or effect in 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. Signed, sealed and delivered SUNTRUST BANK, in the presence of- a Georgia anking cor ation jL, c_�d, A. S etd zhn& CACI (Name printed or typed) (Name printed or typed) 200 South Orange Avenue Mail Code: Florida -Orlando -2032 Orlando, Florida 32801 Attn: Corporate Real Estate and Workplace (Name printed or typed) Page 2 of 3 STATE OF 0. 6 d a COUNTY OF �ra v►�— The foregoing instrument was acknowledged before me this c;�S day o 2r+ , 2015, b as J51-l6bf SunTrust Bank, a Georgia banking corporation, on behalf of the company, who is personally known to me or has produced as identification. .r., MICHELE A. SHEAR (SEAL) *: Commission # EE 165255 Expires February 24, 2016 Sign -are of Notary Public - hrP;,F�Q` Bon&dThruTroy Fain lnsur -800.385-7019 State of Florida ATTEST: City Clerk Approved as to Legal Form: City Attorney CITY OF DELRAY BEACH, FLORIDA Page 3 of 3 Cary Glickstein, Mayor Exhibit "A" Legal Description: S , A-tic'A a't— Location/Boundary Map (For Geographic Reference): Page 4 of 3 DESCRIPTION: ADDITIONAL 2' ALLEY FOR RIGHT-OF-WAY DEDICATION BEING A PORTION OF LOT 7 AND LOT 8, BLOCK 93, RESUBDIVISION OF BLOCK 93 CITY OF DELRA Y BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGES 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.MORE FULLY DESCRIBED AS FOLLOWS.• BEGINING AT THE NORTHWEST CORNER LOT 7, BLOCK 93, OF SAID PLAT THENCE N 89 3448 E, ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF 2.00 FEET; THENCE S 0120 J8'E, A DISTANCE OF 84.01 FEET TO THE SOUTH LINE OF LOT 8 BLOCK 93 OF SAID PLAT,- THENCE S.893122"W., ALONG SAID SOUTH LINE A DISTANCE OF 2.00 FEE I,- THENCE N. 0120'J8 -W, A DISTANCE OF 84.01 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY LIMITS OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 168.02 SQUARE FEET/0.0038 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESER VA TIONS, COVENANTS, AND RIGHTS -OF -WA Y OF RECORD. LOT 32 LOT 33 LOT 34 I LOT BLOCK 93 BLOCK 93 LOT 36 BLOCK 93 BLOCK 93 BLOCK 93 16' ALLEY N0170'380W 84.01' 1 LOT 7 BLOCK 93 NOTES: 84.01' N89'34'48"E 2.00' LOT 7 BL OCK 93 GRAPHIC SCALE 0 15 30 1 oZ �o ( IN FEET ) 1 INCH = 30 FT. w 1.REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S.89'31'22"W. ALONG THE SOUTH LINE OF THE LOT 8 BLOCK 93. THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT). 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 6. P.O.B. - POINT OF BEGINNING CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HER40NIQESCRIBED PROP S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDE P DIREC JU 31, 2013. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TEC NICA i DARDS FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPE PU, ANT IDA STATUTES 472.027. ------------------------ DAVE P. LINDLE;; P.L.S. REG. LAND SURVEYOR #5005 STATE OF FLORIDA - LB 093591 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING ecQ 0 LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 1 FAX (561)-750-1452 ALLEY ADDITIONAL R/W SKETCH AND DESCRIPTION DATE S01' DRAWN BY S89'31'22"W F.B./ PG. 2.00' SCALE LOT 8 o ° BLOCK 93 may w `O o w NOTES: 84.01' N89'34'48"E 2.00' LOT 7 BL OCK 93 GRAPHIC SCALE 0 15 30 1 oZ �o ( IN FEET ) 1 INCH = 30 FT. w 1.REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S.89'31'22"W. ALONG THE SOUTH LINE OF THE LOT 8 BLOCK 93. THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT). 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. 6. P.O.B. - POINT OF BEGINNING CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HER40NIQESCRIBED PROP S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDE P DIREC JU 31, 2013. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TEC NICA i DARDS FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPE PU, ANT IDA STATUTES 472.027. ------------------------ DAVE P. LINDLE;; P.L.S. REG. LAND SURVEYOR #5005 STATE OF FLORIDA - LB 093591 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING ecQ 0 LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 1 FAX (561)-750-1452 ALLEY ADDITIONAL R/W SKETCH AND DESCRIPTION DATE 9/18/15 DRAWN BY TW F.B./ PG. N/A SCALE 1 "=30' JOB NO. 6820 SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Applicant: The Metropolitan at Delray, LLC Project Name: Metropolitan Off -Site Parking Lot Project Location: On the west side of SE 4t" Ave. between E. Atlantic Ave. and SE 1St St ITEM BEFORE THE BOARD The action before the Board is approval of a Class II Site Plan request for The Metropolitan Off -Site Parking Lot pursuant to LDR Section 2.4.5(G)(1)(b). The request involves the following elements: ■ Site Plan ■ Landscape Plan ■ Waiver Request The property is located on the west side of SE 4th Ave. between E. Atlantic Ave. and SE 1st St. BACKGROUND The subject property is legally described as the west 10' of Lot 7 & Lot 8 Block 93 in the Town Of Delray, and measures 6,095 sq. ft. (0.1399 acres). The parcel has a Future Land Use Map (FLUM) designation of Central Core (CC) and is zoned Central Business District (CBD). The site currently operates as a paved two-way driveway which provides ingress/egress access to an adjacent property to the north and runs east/west between the existing 16' alley and SE 4t" Avenue. The parcel is owned by Suntrust Bank. On March 3, 2015, the City Commission approved a Parking Compliance Agreement between The Metropolitan, Suntrust Bank and the City of Delray Beach to resolve a 15 -space parking deficit for Suntrust Bank created by future construction of The Metropolitan on existing surface parking lots owned by Suntrust Bank. This agreement calls for construction of seven off-site parking spaces along the rear alley and construction of an 8 -space angled parking lot east of the rear alley, to be provided exclusively for Suntrust Bank utilization in perpetuity. This agreement cannot be modified or dissolved without the expressed written consent of the City of Delray Beach. On March 16, 2015, the Planning & Zoning Board recommended approval to the City Commission for conditional use requests for height and density to construct a 57' high, five -story, mixed-use development containing 48 condominium units on the combined 0.929 acre site, whereas the proposed density of 51.67 units per acre exceeds the maximum thirty (30) units per acre allowed and the proposed height of 57' exceeds the maximum 48' height permitted in the Central Core area of the Central Business District (CBD). On April 21, 2015, the City Commission approved the conditional use requests for height and density. Now before the Board for consideration is a Class II Site Plan Modification to construct an eight (8) space private parking lot for use by Suntrust Bank in association with the Metropolitan mixed-use development. SPRAB Staff Report of June 10, 2015 Class II Site Plan Modification, Landscape Plan and Waiver for The Metropolitan Off -Site Parking Lot Page 2 PROJECT DESCRIPTION The development proposal incorporates the following: ■ Creation of an eight space private off-site parking lot exclusively for Suntrust Bank ■ Creation of a one-way driveway for ingress and egress from the adjacent alley ■ Provision of a bicycle rack ■ Provision of a trash receptacle ■ Associated landscaping upgrades SITE PLAN 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 application/request. 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. (Accessibility for residential structures is covered by the Federal Fair Housing Act). The off-site parking lot does not propose to provide any handicap accessible parking spaces. However, sufficient handicap parking is provided on associated parking lots for Suntrust Bank. 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. Thus, this LDR requirement has been met. Lighting• Pursuant to LDR Section 4.6.8(A)(3), the minimum required illumination for the proposed parking lot is 0.3 foot candle and the maximum is 4.0 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 3.6 foot candles. The cut sheet detail of the decorative light pole on the photometric plan indicates a proposed height of eighteen feet (16) which is under the twenty-five foot (25') foot maximum height. Thus, the lighting plan is in compliance. 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. Thus, The Metropolitan is exempt from the provision of open space. However, the proposed parking lot exceeds this requirement, since 32.78% (1,943 sq. ft.) of non -vehicular open space is voluntarily provided. Sight Visibility Triangles: 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. The 10' sight triangles have been correctly depicted and indicate visibility within the 3' to 6' height requirement. Thus, this standard is met. SPRAB Staff Report of June 10, 2015 Class II Site Plan Modification, Landscape Plan and Waiver for The Metropolitan Off -Site Parking Lot Page 3 Stacking Distance: Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five feet (5) for parking lots with less than twenty spaces. The parking lot provides 20' 11'/" of stacking off of SE 4th Avenue and 7'8" of stacking off of the alleyway, thus this standard is met. Other Issues: Right -of -Way Dedication: 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 Sidewalk Sidewalk Curb & Curb & Right -Of- Right -Of - Considered ' Width Width Gutter Gutter Way Way -Existing- -Proposed- -Existing- -Proposed- -Existing- Dedication SE 4th Ave. 8' No Chane Yes No Chane 50' N/A Alleyway N/A N/A No No Chane 16' Yes 2' Pursuant to LDR Section 5.3.1(D)(2), sixty feet (60') of right-of-way is required for a local roadway without curb and gutter. Curb and gutter does exist for NE 4T" Avenue, thus no additional right-of-way is required. Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. The existing east alley right-of-way width is 16'. Thus, the applicant is required to provide an additional two feet (2) in the form of a right-of-way dedication. The 2' r -o -w dedication along the east side of the alley shall be executed by deed agreement between the City of Delray Beach and the land owner, and thus, this is being attached as a condition of site plan approval. Pursuant to LDR Section 6.1.3(B)(1)(f), a minimum eight foot (8) sidewalk is required in CBD areas. A minimum 8' sidewalk exists on NE 4th Avenue. Thus, this requirement 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: A two foot (2') alleyway dedication is required. Submit the right-of-way dedication forms & sketch for consideration and final approval by the City Commission, prior to site plan certification. LANDSCAPE ANALYSIS The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it complies with LDR Section 4.6.16. The proposed landscaping consists of a variety of trees and ground cover. Landscape Technical Items: The following Landscape Plan item is strongly recommended, and will need to be addressed prior to building permit issuance. Per LDR 4.6.16(H)(3)(d), a five foot (5) wide landscape buffer that is free of vehicular encroachment is required when adjacent to a vehicular use area. Portions of the landscape buffer along the south side of the parking lot are less than five feet (5'). SPRAB Staff Report of June 10, 2015 Class II Site Plan Modification, Landscape Plan and Waiver for The Metropolitan Off -Site Parking Lot Page 4 Based upon the above, the Landscape Plan will comply with LDR Section 4.6.16, upon addressing the aforementioned comment. The applicant has requested a waiver to this requirement, and it is analyzed in the following section: WAIVER A'NAL,YSIS 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; (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. Landscape Strip Separating Vehicle Use Area Pursuant to LDR Section 4.6.16 (11-11)(3)(d), a landscape buffer shall be located between the parcel boundary line and the off-street parking area or other vehicular use area in a planting strip of not less than five foot (5') in width. A landscape buffer of 2'113/4" has been provided to accommodate 45 degree angled parking spaces. A waiver has been requested to reduce the landscape buffer from 5' to 2' 113/" to accommodate the 45 degree angled parking lot. The applicant has provided the following verbatim justification statement regarding the waiver request: "This is the minimum dimension. The landscape buffer is larger in most areas along the south property line since the parking is angled." Pursuant to LDR Section 4.6.16(1-1)(3)(d), a landscaped buffer shall be provided between the off-street parking area or other vehicular use area and abutting property in a planting strip of not less than five feet (6) in width. A waiver to this requirement is justifiable based upon the existing 42' lot width. No other configuration will allow for the landscape buffer to be provided and maximize the number of spaces provided. Therefore, the absence of the five foot (6) buffer will not to affect the neighboring areas or create an unsafe situation. 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 with respect to LDR Section 2.4.7(B)(5). ASSESSMENT AND CONCLUSION The subject lot (Parcel 4) will provide additional parking for Suntrust Bank. It is tied to the Suntrust Bank property via the "Parking Compliance Agreement" approved by the City Commission on March 3, 2015. As required by the Parking Compliance Agreement, it is for the exclusive use of Suntrust Bank and will supplement existing parking lots already serving the facility on neighboring lots. The proposed development complies with the the Land Development Regulations, with the exception of the one waiver which are supportable. Staff has reviewed the proposal and the 2' dedication of right-of-way for the alley is attached as a condition of approval. Unless otherwise deemed necessary by the City Attorney's Office, additional linkage (i.e. an off-site parking agreement) will not be required. Proof that the "Parking Compliance Agreement" has been executed and recorded with Palm Beach County must be provided prior to site plan certification. SPRAB Staff Report of June 10, 2015 Class II Site Plan Modification, Landscape Plan and Waiver for The Metropolitan Off -Site Parking Lot Page 5 ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Class II Site Plan, Landscape Plan and Waiver Request for the The Metropolitan Off -Site Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Sections 2.4.5(G)(1)(b) and 2.4.7(8)(5) of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class II Site Plan, Landscape Plan and Waiver Request for The Metropolitan Off -Site Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Sections 2.4.5(G)(1)(b) and 2.4.7(B)(5) of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: 5' Landscape Buffer Waiver Move approval of the request for waiver to LDR Section 4.6.16(H)(3)(d) to reduce the perimeter landscape strip from 5' to 2'11 %" by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 2.4.7(8)(5) of the Land Development Regulations. Site Plan: Approve the request for a Class II site plan for The Metropolitan Off -Site Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Section 2.4.5(G)(1)(b), subject to the following conditions: 1. A two foot (2') alleyway dedication is required. Submit the right-of-way dedication forms & sketch for consideration and final approval by the City Commission, prior to site plan certification. 2. The subject lot (Parcel 4) is tied to the Suntrust Bank property via the "Parking Compliance Agreement" approved by the City Commission on March 3, 2015. Unless otherwise deemed necessary by the City Attorney's Office, additional linkage (i.e. an off-site parking agreement) will not be required. Proof that the "Parking Compliance Agreement" has been executed and recorded with Palm Beach County must be provided prior to site plan certification. Landscape Plan: Approve the landscape plan for The Metropolitan Off -Site Parking Lot based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Per LDR 4.6.16(H)(3)(d), a five foot (6) wide landscape buffer that is free of vehicular encroachment is required when adjacent to a vehicular use area. Portions of the landscape buffer along the south side of the parking lot are less than five feet (6). Modify plans to comply or obtain waiver approval. Attachments: • Location Map, Site Plan, Landscape Plan, Civil Plans, Photometric Plan, Parking Compliance Agreement, Waiver Justification Report Prepared By.• • Candi N. Jefferson, Senior Planner m c� w W -T- (DD Z E Atlantic Ave IM] � I- �l SE 1st Stu) W Q t LO U.1 U) THE METROPOLITAN i Off -Site Parking NORTH i PLANNING &ZONING LOCATION MAP Subject Property DEPARTMENT Document Path: S:\Planning & Zoning\DBMS\GIS\Location Maps\The Metropolitan at Delray.mxd Lr; �— — -- — — — -- — — — -- — — — — — — — — — — — — — — — — — — — — — — — — ECOVED IFig 27 2015 I p►A¢lNING&ZONING THE METROPOLITAN—PARCEL 4 33 SE 3rd AVENUE DELRAY BEACH, FL 33444 RICHARD JONES ■■ ARCHITECTURE■ v+AAtaaolmYlmvaE+ax � �'i W ~ DRAWING INDEX GENERAL NOTES PROJECT INFORMATION z �gE_ ow TorXEsuaN ssmx oFMr Tx xmAcr HA +EttartEMvvEm%mEMCNRODmoMExalaNa oErAuooD xvFmAwws TOTxEPRoscr.,FAUYoecpEFMdas mxwsnNO NFepwmDN,waoga oq DNm¢IDNa ARE PwESExr,TxeD TxEMcxrtEciNwDTxEWxm,R UMmure+Y.ANrqucREPMer ORcoNfuoTxonRWax[TOTNEATiENIIONOFIHEARGIrtECTM ogro Tne.ww.wgauaxw ax¢wuEsemppmrmavTxacoNrq+croRArxo.nomoxnmarromEawEx mcoNFopx Ta WED ncarMOAgoaumEuxmAxooEcwunq+apcvaExgms W,maoNEraPpwmEKCEPnoxa co NewoEAuvoFxxmaauxrTers¢upETNEPpozms couruu+cEwlmTxEuasramlxamrtneau REaemoP rxe Auw awmlxe oEeuggwr/n¢Au mmox xPPwioI MOAuvrx¢puvuueu:ceomnaoaxER+uvopsmrEo xTXpseopAwNac�� xTMEORAvnNaaaNAurMEPpECEOENCEwmacnuNo oPTXE opAwnoaTXso xaxe oN¢xo uTEooxnrt Naameu�cuuTen srcoururERMogouxomro T�NnwEm xcxn,EEocgnoxoFFAamlon¢TomECENrEpsopuuwdauTo ,WDNVmxrlx Wma,uLLTME PREamFNCEONERLwIRENDumsowvwwaDNolm caxrM 1 DAusuxmxmAaroRaANOAuu4+DORS sNPUM—DE—DEVEalmmx AND mNFopuroMMDN gmNpauExraaErFOR1X¢rTxraum NOOINEII ogauNOPAurc wwTryeYOTxElbuq¢oPvapK aaa TxExopxexAumuunm TorwseopepFAsoNAely xFERRm xTxamxrvx+oecuNExsa. 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MlLLAwacoommw-raR^+uAE wPLYN11HHt+va ertceUMlNamDE¢Am pEWUAnvNn =�ttlo�R¢m�W�+iw'm��+rrw�R¢u1cEn�ttaR.MOWrtxLacLLcoMNUNICA,aH PROPOSED PROJECT, CONSTRUCTIONOFBPARKING SPACES � GOVERNING CODE: FBC 2010 EDITION, FLORIDA FIRE PREVENTION CODE 2010 MON FLORIDA SPECIFIC NFPA I, FIRE CODE, 2009 EDMON AND FLORIDA SPECIFIC NFI 101,LIFE SAFETY CODE, 2009 EDITION. ROOF HEIGHT: NIA TYPE NIA CONSTRUCTION: BUILDING DESIGNED: NIA ZONING DISTRICT: CBD: CENTRAL BUSINESS DISTRICT a O 4' w d, s' F W�51 2. <g �5� Qg K �, ^ j� F i) J /`Lr/Vll. VER REEF. I SU - " .... ARCHITECTURAL - -- SP -1 SITE PLAN -' - �" _ CMI --- - - - t OF4 -PAVING&DRAINAGEPLAN - - 20F4-"PAVINGB DRAINAGEOMr. 3 OF PAVING& DRAINAGE DETAILS - 4DF4 FOLLUMON PREVENnON PLAN -.. 1 OF COMPOSITE UTILITY PLAN - LANDSCAPE - - L.1 _-"- PLANTINGPLAN- L-2-' SPECIFICATIONS DETAILS, NOTES LOCATION MAP LL 7'101 I AA]®waif ID1EW1610 _.. - " - P140TOMETRIC - - - - I ,Y, N.;: „� „ w SITE LOCATION - PH -1 PHOTOMETRIC PLAN - ' - - - --- - m¢4®EIXMY t4oJ1 g+Eg E�REr+a=r� ro - ... .... I I I IFsewYNmEMPIEETxEAAcx ¢Mruauenttnu. BaNGvOl+9: CLIENT THE METROPOLITAN AT DELRAY LLC. 4 1001 YAMATQ RD. SUITE 307 " SOCA RATON, FL. 33431 I - TELEPHONE: 5613 06-7185 -- — — ARCHITECT RICHARD JONES ARCHITECTURE 10 S.E. FIRSTAVENUE, SUITE 102 DELRAY BEACH, FL. 33444 TELEPHONE: 501.274-9186 — — — — CIVIL ENGINEER LANDSCAPE ARCHITECT DAVEBODKERL+\NDSCAPEARCHITECT 601 NORTH CONGRESS AVE. SUITE 105 DELRAY BEACH, FL 33445 TELEPHONE: 561-Z76-6311 FAX:5-76-3869 SURVEYOR CAULFIELD & WHEELER, INC. 7301A W. PALMETTO PARK ROAD SUITE 100A SOCA RATON, FLORIDA 33433 TELEPHONE: 561-392-1991 FAX: 561-750-1452 u ENVIRODESIGN ASSOCIATES, INC. 298 NE 2ND AVENUE DELRAY BEACH, FL 33444 TELEPHONE: FAX: 561-274.8558 -COVERSBEET CVR GRAPHIC SCALE 20 o Lo 20 40 go H.UION (IN FELT} L INCH - 20 FT. LOT 9 BLOCK 93 __..0.4._.. . _. 13 ewLLuvc CW3L \� N Lw.M'� GI N SM1nwc mMe9eVc n0 A 0.4' ¢3'K �T ✓ SET NAI d: v� a. SET NAIL . D/5K - LSI 3591 m g'00' A/SK - GB .: �4 SOt'2f0'3g8`E y U 42.00' 4 ,0 O i SRHALT PA YEHFNr S.E� 4TH AVENUE (AITKEN STREET PLAT) TA9Y SMI/+ MP/-Mll WK.rzY (FJ as m IFGFND A/C - AIR CONDITIONER Sp. FZ. - SQUARE FEET L -ARC LENGTH A M. - ALUMINUM - BUFFER EASEMENT P, GO. - CLEANOUT CLF CHAINLMT FENCE W.N. - WATER METER WE - WATM EASEMENT . CONC. - CONCRETE GOV. Co'ERm m D.E - DRAINAGE EASEMENT _ LIGHT POLE ELEC. - ELECTRIC L7.EV. - EIEVAl10N FIRE HYDRANT EQUIP. - EQUIPMENT BIT. - EASEMENT ®_CATCH BASIN E%Isr. - EKISRNG F.P.L-FLORIDA POWER & UGHT it -WATER VALVE _SET B/e' IR/CAP LB 5591 FFM-FlFFlAORESI- v�V1 FND. - FWNo I.R./CAP - IRON ROD & CAP ®- DRAINAGE MANHOLE ,Q,- 'WOOD POW13t POLE (UNLESS NOTED) INV. - INVERT IRR - IRRIGATION CENTER UNE L.A.E. - LIMITED ACCESS EASEMENT O/S BUILDING OFFSET - EWStING ELEVATION O.R.B. - OFFICIAL RECORD BOOK . P.B. - PLAT BOOK _ P.B.CJ2 - PN.M BEALH COUNT' RECORD POINT OF BEGINNING & 16 ALLEY z / " -'ANCHOR P.R.M. PERM �REFQtENCE MONUMENT ROP. - PRO OB 0 - WATER METER 0 N01 G0138N ®- RPZ - GROUND UGHT RGE. - RANGE SEC - SECTION A - DELTA (CENTRAL ANGLE) 0 -ELECTRIC HAND HOLE 6 - IRRIGATICN CONTROL VALVE s �` JSGP SOt'20'3$°€ Z °SQK 42.00' -" l LOT 8 Easr LINE a: 7NE Wcgr BLOCK 93 ca Fn P"E -_ nc A�Iucry laavr CA LOT 7 9,3 BLOCK 93 BLOCK N .. �,"� N AswncrPnWaaRvr LOT 9 BLOCK 93 __..0.4._.. . _. 13 ewLLuvc CW3L \� N Lw.M'� GI N SM1nwc mMe9eVc n0 A 0.4' ¢3'K �T ✓ SET NAI d: v� a. SET NAIL . D/5K - LSI 3591 m g'00' A/SK - GB .: �4 SOt'2f0'3g8`E y U 42.00' 4 ,0 O i SRHALT PA YEHFNr S.E� 4TH AVENUE (AITKEN STREET PLAT) TA9Y SMI/+ MP/-Mll WK.rzY (FJ as m IFGFND A/C - AIR CONDITIONER Sp. FZ. - SQUARE FEET L -ARC LENGTH A M. - ALUMINUM - BUFFER EASEMENT TVR. - TOWNSHIP TYP. - TYPICAL U.E - UTILITY E15EMENT GO. - CLEANOUT CLF CHAINLMT FENCE W.N. - WATER METER WE - WATM EASEMENT . CONC. - CONCRETE GOV. Co'ERm E - SANITARY EASEMENT D.E - DRAINAGE EASEMENT _ LIGHT POLE ELEC. - ELECTRIC L7.EV. - EIEVAl10N FIRE HYDRANT EQUIP. - EQUIPMENT BIT. - EASEMENT ®_CATCH BASIN E%Isr. - EKISRNG F.P.L-FLORIDA POWER & UGHT it -WATER VALVE _SET B/e' IR/CAP LB 5591 FFM-FlFFlAORESI- SANITARY MANHOLE FND. - FWNo I.R./CAP - IRON ROD & CAP ®- DRAINAGE MANHOLE ,Q,- 'WOOD POW13t POLE (UNLESS NOTED) INV. - INVERT IRR - IRRIGATION CENTER UNE L.A.E. - LIMITED ACCESS EASEMENT O/S BUILDING OFFSET - EWStING ELEVATION O.R.B. - OFFICIAL RECORD BOOK . P.B. - PLAT BOOK L _ TRAFFIC SIGN P.B.CJ2 - PN.M BEALH COUNT' RECORD POINT OF BEGINNING f oa— - ELECTRICAL WIRES OVERHEAD P.G.C.- POINT OF COMMENCEMENT PCB - PAGE(ST -'ANCHOR P.R.M. PERM �REFQtENCE MONUMENT ROP. - PRO OB 0 - WATER METER 0 RADNB R/W - RIGHT -OF --WAY ®- RPZ - GROUND UGHT RGE. - RANGE SEC - SECTION A - DELTA (CENTRAL ANGLE) 0 -ELECTRIC HAND HOLE 6 - IRRIGATICN CONTROL VALVE NO 1. REPRODUCALWS CF THIS SKERH ARE Nor ✓ALIO UNLESS SEALED WM AN EMBOSSEO SURYEYgP'S SEAL 2 SURWY MAP OR THE CMIIES 7HEREO� ARE NOT VALID W17HOUr THE 57G/ANRE AND INE OP/WNAL RAISED SEAL OF A PLCRIDA L/CENSm PRO'ESSaVAL (AND SUR4£YOR. .I LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY,-A97/ENIE OWaRSHIP, OR 07HER INSWUMEA17S OF RECORD f ELEVAROVS SHOWN HEREO/ ARE REZARF£ 70 THE NAWOVAL GEOOEBC lEPWAL DATUM OF 1929. S BEARINGS SHOWN HEREON ARE RELA77W 1O A GRID BEARING OF N893122'W ALONG 7H£ STMPH LME aF- LOT B, BLOCK 9.I & 7H£ 'DESCRIPTION' -580)!N HEREON /S IN ACCORD WI7H THE DESCRIPROV PROWDED BY 7NE CYJ6NL 7.411WERMOVAD FOUNDADONS WERE MOT LOC47E. B AOORONS O7 OELERONS TO SVRWY MAPS BY 07HER THAN 7HE NGN/NG PARTY OR PARRES /S PROHIBIIEO W 7HO/T WRITTEN CONSENT OF 77YE SIGN/NG PARTY OR PARB£S. 9. ROOD ZONP AXI CG4MVM7Y PANE NO. 125102 0004 D; DAMP JANUARY 5, 19M 1O BENCHMARK ORIGIN OESORIPRQN.• PALM BEACH COUNTY BENCHMARK 'O 32". ELEVA7/0V v 10.353 LOr B AND 7NE NFST /O00 FEET OF LOT 7, BL" 94 � 7HE CYrY OF DE2R,4Y BEACH, ROR/DA. AL'CLWOW0 M 7HE PLAT 7HEREOf, RECORDED /N PUT BO, K 14 PAGES 5Z OF THE PUBLIC RECOiOS � PALM BEACH COUNTY, RORIDA. SAID LANDS LIMG W IHC O7Y UMTS OF OEZRAY BEACM. PALM BEAGN COUNTY, FLO7IOA. C'OMTAWING 6,095 SWAB£ FEETI0.1399 ACRE$ MORE OZ LESS SUB,.ECT MVSEWEN7$ RBS7R/CRON5; RESERVA GMSS CO IENANIS ANO R/CRT OF -WAY OF RECORO. cERncrca7F / HEREBY CERTIFY THAT 7HE ArrAC MED BOUNDARY SURLEY OF THE HEREON OE5CIISEO PROPERTY /S 7RUE AND CORRECT TO THE BEST LY- MYKNOWLEC£ ANO 9aCF AS DATE 2/5/15 SCALE T" — 20' CAULF4ELD &WHEELER, wc, - THE METROPOLITAN -;_- sezo CIVIL ENGINEERING FlD.BK. NLA CHECKm BY JRW Sf7 No LANDSCAPE ARCHITECTURE - SURVEYING PARCEL -••— PAGE N A 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 - - ----, PHONE (561),?92-1991 /FAX (561}750-1452 E30UNDARY SURVEY REVISIONS DATE BY FILE NAME 6820—BNDY-7 (Lat 8).&q 14-11 1 SHEETS 42' A SPHAL T PA VEMENT SE. 4TH AVENUE (AITKEN STREET PLAT) Proposed Site Plan -Parcel 4 0' 1P W 00 40' I - - - - - - - - - - - - - - - - - - - - - - - - PROJECT DATA LEGAL DESCRIPTION LOT BAND THE WEST 10.00 FEET OF LOTI, BLOCKSS, OFTHE CIT' OF DELRAY BEACH, FLORIDA ACCORDINGTO THE PLAT THEREOF, RECORDEO IN PLAT BOOK10, PAGES W, OFTHE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RICHARD 10Nm 6 F ARCHrrECrURE ■ tl m"tll, h We N H� rad �Q� t 5 � 2720 W� v4+ttncvmk^ O ep6lsR.LLi uzv Ai t""1 k J k 11u,vlmm+e i PARCEL4 SITE PLAN SP -1 0 a. E.4TH AVENUE (AITKEN STREET PLAT) Photometric Plan awls: r••za• o' w 2a 30- 4a rn :d = IE ma IIli �G wminvre acneaum Symbol CW cabal UL CeeglpQon Wm. Walt Lam. wmane 3 sC 1.110 Clym Debey Beach Sbntleni 95 1192 CWalallon summary LabelI CwaypeUnils AVB I Max I MIn I AvWMin Ma In LotB Thum.— Fc 2.31 18 to 7.31 3.60 i RICRARD JONES W\ WW mo CTUPE p e 4 W� m P 4 27 2 1W I a�wusv: AByatW: auawtrus s mnmarsAc � I nehsm�a �j PARCEL4 PHOTOMETRIC U l 1 PH -1 r' BLOCK 93 BLOCK 93 gLOCK93 BLOCK93 BLOCK 93 •- TERMINAL LANDSCAPE - - ISLAND 11�WFR.QEALY ZLINE AFTER --m -.-- __---m------m"------ 2'-0"DEICTION O ' EXISTING - 18' ALLEY 10'00'SIGHTTRIANGLE 0VERI4EAD PCW R. LINES EXISTING CONCRETE LIGHT POLE € NOI2V3VW 04.01' —� •• EXISTINGWOOD 0 �' 10.01 NB9' '48"E GATE ] POWER POLE LOT7 LIGHTPOLE TYP. 501'20'38"E PROPERTY LINE 4co 42.00' ] IX IXORA HEDGE TO REMAIN - SLIDINGGATE EXISTING r� ] CATCH i ; w DEWITT THISTLE BASIN PARKING LOT - LOT7 EXI$TR4[ -. i SLOCK93 LOTS ] 2B'F+tx30'4pr. i m BLOCK 93 OAK TO REMAIN : i PAVEMENT ' LOTS ONF''WAY FFIC `.`•ASPHALT o BLOCK 93 EX TING 2 5M� 30's 0 . .O LII OAK TO IQV'IAM Q' IS � I I IXORA wwc"- __ --- TO REMAIN ` PLANT LIST • . P7pa—rcm�14 EXISTING IBUILDING MASONRY - - pm p¢T/yI�LK MAtII ! P=FIQ4i1" e= EXISTING LI L+6�•1+e+^I• Mel. d' M.. r' spr. r.`�IMASONRY)(3) ? th EXIQTMy ._._ OMAL, PALMS TOIrt94AM - - BUILDING ._ EXISTING IXORA HEDGE ^' M 6sb.ip Imm]b 6.bU P.In 0-11 k 0. -Id — PIM I it i/ . TO REMAIN G•IR OysobllMw b.ro 24• K. IW 9X• 21 BASAL PALMS 25 T) E-XISTTIN Gompwn FI.d®. N• ae, P XI OODdMw NII, hwh od a. nq'tletzom IIe -/ TERMINAL LANDSCAPE .. - I i IS ata e..d''wIK1c •' ._ _..EXISTING e' WIDE i EXISTING ' WIDE �� xsO00° .m..t t... SIDEWALK planting - PROPER S01'2)'38 42.0 plan 10'x10' SIGHT TRIANGLE eai. _ er..n by P1f - n Y 42' ASPHALT PAVEMENT A S.E. 4TH AVENUE NORTH (AITKEN STREET PLAT) 0 z. Egg 1 MUN comw M..FxT�:- Off- low MEER IN - PLANTING DETAILS 9 M-" ;r A 01 0E 110-0; r- GENERAL NOTES O L--2 2 —u IbdI-I sheet GIGb, specifications, details, notes 12: drawn bye pir O L--2 2 —u I ca.,.rnAriwfmv q LOCATION MAP j A—�W� 9yj EM rt :WAUJ7O1� r.v fo : — .._ � LEGEND: I. ;•• � �� a � � � _ _ — PPaPEP�r uec -SPI- PPaPOSD SPM0I WC 1 e SIM?WR_� aFxA�l avt > ____ -9AN- PPOYOSEa 9ANITM'I 6c^AEII WE 1 y Zvi) savor � � -WPl- PROftlS®wAtEll lllE ; _ -PMN- PII[POLD PCC.Wm wAPaI WE d1 '; f ,.: ` i � —ms— rPaPosrn BEaPe WDF1tGRaWo WE o �C '�' "" c —aAs— vnmc� oAs WE P. a .tea aaaM MMmA>Ml .afen —m— msnw slrnll Nle .ae. 1 SMN- j WM. SAM sou WE Ri E MSPNG wiFP WE I A. co � ^^W M=� MSIER WE ' —a{0-- ensnxo mMVNEAS WES � W .... � - _ � MA.rA.I�— •arxie— —as— mslnaaAs W6 � �" W di SailO� 'll� d mr!+ .I aNmwP C W Margar— ... I �E ATmP � Lei. a ti .." j MMrar—Sen a .7 _ W. 'Tei —_-- S.E. 4TH•AVENUE (AITKEN STREET PLAT) �aq qm m 222 F rcs� u0- DBq-1-800-432-4770'E STAIE CITE CALL p' RINIaA, AN: ®. JJ.P. 8CALM 1' = 20' DAML JOB Bo. 14061-N10' iKnamwhaCsbalaW. .v AMsma.x.wAmvm mm BO. CoMbdomyou r GENERAL NOBS tOCAt�M�" " MW 9ECNTN �-E�1mtIN0 MNp AT RYE OP -RICAN! A REPORT ANY ONARAMCES TO ERVR.ESIER A TE% NC 1 NO "N NPI D%CW 111. NAONid OM ANY = 4 CONSPRUCOON CAN E IaUuR E clgDONi WEA' APPR0IID NY In QTY 6 VEINAY 9P ON NWNER. a xo vxavosER s1AkrnA1e exNf. x NePAL4D NRIIM A NNROMPN. NATANCE GE iDUM SEWERERNESEWERANY E115tIM0 m PROP YATR OR OIWNAGE: iACL111EA NLF59 � � !Y TE CIY OF DN!!AY SApI NIY {. NNE: ANY iiQa Nt SXRUm PLA® 1R11BN YAIEII. 9EreR a ORANROE EASPIORS 1far NfIAf. eaNWf to Rrz mY a oeuur RFAG eTNI0AR0 pETAR$ L6 Lt t LO t2 PIAA001® 01fltY, NRHLlA�N0.9G�PN��PE 4 ALL tGEEWIM9 A Y[ CCNATNICIR N AfYlnp/JIE Nil AMaD UU IRR ALL v X�NNIoU9.OZ- EAPAn 112 OTE 10 mw to N10A-EY1PE IMO fM RIIMINO ffOP6 NEI11 YAWN RISE ANO RUMS PEM AOA Retfuemcns MM RAl01m IROZ N®NL lNplm NRI /:4B C� ANO lws AND B m Riff TO tN: PRONGED AT 1�5 AND BNR01B OP ALL PAYPS 6 PARDNO LAYONT AMO SINIIAi NFms A OF OEUEAT 8F1N1 NRAENT LOCATION MAP N.T.S. 0 NM: CONIWCEDII To M IIICf T.DCJSEDN, SEM1EID MIX OF ML�6 WW= Ivimm e7 'IDR Or WI@DLOCIDDN AND H&Ci7 1NY D®CBVeA® 7D LEGEND: CALL b XNRS BEFDEE YNl NG � PROPFRIY lNE 4 432`4770 A 1 1 SECONI IDNEIIRR NTN` PAGE PUN vA¢ d ® '�� PPOPNIID tifl'AROM DEECItlN OF FlM Cellbefaeytud�g � � EE6RS DEYAREN ® m1mLs ueA amrorffD O fyN SliRNO A1D OVDLLAY - NN f DM3RAY AS WE I� U d C T ®RER= PPA 11 BE �110V iF+oE- NM: CONIWCEDII To M IIICf T.DCJSEDN, SEM1EID MIX OF ML�6 WW= Ivimm e7 'IDR Or WI@DLOCIDDN AND H&Ci7 1NY D®CBVeA® 7D Zf1VII00iUGIP d880C41.im. INC CALL b XNRS BEFDEE YNl NG &10 4 432`4770 �91NEMNE ST.Y1E pN: CAtl 6 FlLRDA, NC. ice= 2w �,. `Veers. KnowwliACsbBI6M. Cellbefaeytud�g ®RmnrwmoNlsaNtsic N Big O V O ganb Oe[ AlIVu Nf2: A M0 Mlq'�!Y®m T V\gyp mfPR �a � S�� M6PIf YALEat161m TO RFlINM�fyIIL PAVEMENT JOINT DETAIL RT 7.1 e'F - TSC •A* SECiWI A -A bAfi uS emTme. A•4 m p � ss •M ASR K H �s Ro TtPE'At �,�s�rm WE R` -*-�� l�ef� RAY of#:NOOWLIF SM�NR SIX w� SIIRW 11eNR:CgM1V: T91Nt ALAM6 wLL UI®IIMMF K R1v1 mRpl YC A q SAIIb� ARLSf 14K'LOPICP S1U[lm'xIN trlIX eANT ASK FIRS A NA:fIIa.RIA 1lwNT a WgCC L YRI.OR SSpSMftl10ES T. NTO TAtR UR fotmmMa�mclAmPpo�Av mlwut TYPICAL PARKING SPACES (1 OF 3) DETAIL RT 4.20 PAVENENT YARRNO SPEOFICATIONS pl- PEAYA . MARICNGS Yr-�Ar�rYiw �N I. tVri! 4b. �w.l ■bW OHtlYmr Y�ISml rtlKt i�m��m ��+Refer N m�A iii vw b��A o �Nm Nw�ellyM�1/y��wm AAmW mws'n m�mrsYlr b�i�o�rppb��r�1 Yl� sLM �RWr WbNlrmrrN TEYPIXtARY NARKM6 ��y mtllm e��wm�ls YlNlmie vl �• M MmRbO `:y emfM lwY�finet Rle+,r/fM �R mmwi+M - eYS�irmRv41mIY Mn.M Sewf obi A�b�1 me PAVEMENT MARKING? SPECIFICATIONS RT B.I. ALL PAVEMENT WOMOS �f'Y � w b PIeSbleSwf •IS w i RAB PAVE1EfR MARKERS �IiYNTreYf� -+vYrM N tiS fIIST eYellin N Y Y gpenl YiayApmArwwr bvmlynY m 11w r Y+n nmr• OhER NOTES - �wJJI AAI-4�p�m PAVEMENT MARMNG SPECIFICATIONS RT Wb Sheet 2 of 2V Y F 0 0 N CNl b icm ewm — — HE j Y 270 1-Soo-44347 sfNsrz STAR aNE cul. a RLROA INC - KnoxwhAl56elOw. Orsn,ArrANe nau0x+� ofm�'s fe • CBllbetereye0my ® d,� Y F 0 0 N _. 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SILT FENCE INSTALLATION DETAIL D 9.7 Sheat 1 of 2 Sheet 2 of 2 P �w,uw�m�a Nm riawo%m o rri`Are�cn. rv� � Nurm r�ss s w,eune, m caenae An we mm rAr,e �H+vumT'>`noR�us�x M� �wi°•onr. sivxwiu smemi aQ o,e.Niim�i.i o,nnv1°woaw INLET FILTER DETAIL D &1 A �s�isa,ciaw enwss wu. i �rs wwpAr•�`sr �ia�weNH, •ro STASIUZED CONSTRUCTION ENTRANCE DETAIL DSAC wt s NauNs eo-vl� mu on TrS THE LAW 1-800-432-4770 9d1Efw.`E 9TAi ONE CALL S YtOMDA. NIC y 96618: 1®- p= 20' y KIIOWWEo¢GIIIbYY. � l�� canieraleyoNm�. m, Richard Jones ARCHITECTURE AA26001617 1 1826001056 105E WAVE DELRAY BEACH, FL33444 15612749186 I www.rjarchitecture.com WAIVER REQUEST The Metropolitan — Parcel 4 DEVELOPMENT STANDARDS — SECTION 4.6.16(HNSti=d) WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(5)(5) — Walvers, Findings: 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; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (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. The applicant is requesting the following waiver request. To reduce the required minimum five foot (5) landscape buffer. This applicant has provided the following justification with regard to this Waiver request. Vii- 9,� - a ♦ a *Its] 61;11 qi a.. �a�• Rmpi felly, PREPARED BY AND RETURN TO: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 PARKING COMPLIANCE AGREEMENT THIS PARKING COMPLIANCE AGREEMENT ("Agreement") is made this day of - , 2015 by and among the CITY OF DELRAY BEACH, FLORIDA ("City"), THE METROPOLITAN AT DELRAY, LLC, a Florida limited liability company ("Metropolitan") and SUNTRUST BANK, a Georgia banking corporation ("SunTrust"). The City, Metropolitan and SunTrust shall sometimes be hereinafter referred to as the "Parties." RECITALS: 1. SunTrust is the fee simple owner of the properties depicted and described on Exhibit "A" attached hereto as "Parcel 1" "Parcel 2" "Parcel 3" "Parcel 4" and "Parcel 5". SunTrust owns a leasehold interest in "Parcel b", "Parcel 7" and "Parcel 8", as depicted and described on Exhibit "A." A SunTrust bank facility and associated office space and drive through lanes (collectively, "Bank Building") are located on "Parcel 2", "Parcel 3" and "Parcel 627 2. Metropolitan has represented to the City that it has the right to acquire fee simple title to "Parcel 1" in accordance with the terms of an agreement between an affiliate of Metropolitan and SunTrust.. I olf 5 3. Metropolitan has represented to the City that it has the option ("Option") to acquire fee simple title to "Parcel 6", "Parcel 7" and "Parcel 8" in accordance with the terms of an agreement between an affiliate of Metropolitan and the fee simple owners of such parcels. 4. On September 19, 2014, Metropolitan submitted the following applications (collectively, the "Original Applications") to the City's Planning and Zoning Department: a. Conditional Use Application; b. Class H Modification Site Plan Application; and c. Site Plan Application/Class V. 5. At the time of submittal of the Original Applications, the Parties were unaware of the existence of a Site Plan Modification Survey dated January 12, 1987, which contains a parking table, purporting to establish a 123 space parking requirement for the Bank Building. To amicably resolve any issues relating to the Bank Building's compliance with the City's parking space requirements, pursuant to Section 4.6.9(E)(6) of the City's Land Development Regulations ("LDRs"), the Parties agree that, subject to the terms of this Agreement: (i) Metropolitan shall be permitted to revise the Original Applications and re -submit modified Conditional Use and Site Plan/Class, V Applications, the forms of which are attached as Exhibit "B" (collectively, the "Revised Applications") and (ii) the Revised Applications shall be subject to review by the City, its; boards; and agencies under and shall be governed by, the LDRs in effect on September 19, 2014E (the, "Otiiginall LDRs;"). 6.. The Parties recognize the need to, enter into, this, Agreement:. a.. to) provide confinnation that:: 2 of 9, pages, i. the Bank Building shall be deemed compliant with Section 4.6.9(E)(6) of the LDRs and upon the conditions set forth herein shall still be deemed compliant with Section 4.6.9(E)(6) of the LDRs after the transfer of "Parcel 1" to Metropolitan, ii. the transfer of "Parcel 1" to Metropolitan does not constitute an illegal subdivision under the LDRs, and iii. the Revised Applications shall be subject to review by the City, its boards and agencies under, and shall be governed by, the Original LDRs; b. to set forth the timing and sequence of certain events relating to the Revised Applications and the project described therein (the "Project"); and C. to otherwise set forth the responsibilities of the Parties relating to the matters described herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. It shall be a condition of approval to the Revised Applications that Metropolitan construct fifteen (15) parking spaces ("Required Bank Parking Spaces") in the areas depicted on Exhibit "C" attached hereto prior to the Project obtaining a final certificate of occupancy. Seven (7) of the Required Bank Parking Spaces shall be located on "Parcel 1" and Parcel 8 and eight (8) of the Required, Bank Parking Spaces shall be located on "Parcel 4" and shall be compliant with the dimensional requirements relating to, parking spaces as set forth in Section 4.6.9(D)(4)(�e) (Parking Striping. Wait)) of the LDRs 3 of 8 pages 3. The application seeking approval of the eight (8) Required Bank Parking Spaces to be located on "Parcel 4" shall be submitted to the City by SunTrust as a separate Class II Modification Site Pian Application no later than March 2, 2015. 4. Metropolitan shall exercise its Option and shall acquire fee simple title "Parcel 8" prior to final site plan certification of the Project. 5. The parking facilities currently located on "Parcel 5" and "Parcel 7", as depicted on Exhibit "A", shall be deemed and considered off-site parking for the Bank Building. Additionally, at such time as the Required Bank Parking Spaces are constructed, such Required Bank Parking Spaces shall be deemed and considered off-site parking for the Bank Building. Metropolitan shall grant a perpetual, non-exclusive easement to SunTrust for the use of the Required Bank Parking Spaces located on "Parcel 1" and "Parcel 8" and such easement shall provide that it cannot be amended or terminated without the City's prior written consent. 6. The City acknowledges and agrees that the improvements as they exist on the Bank Building today require at least 63 total parking spaces to be compliant with Section 4.6.9(E)(6) of the LDRs, and that having the associated parking shown on Exhibit "D" attached hereto as "Existing Parking", the Bank Building is as such compliant with Section 4.6.9(E)(6) of the LDRs. The City further acknowledges and agrees that following the transfer of "Parcel 1" to a person or entity other than SunTrust, and upon completion of construction of the Required Bank Parking Spaces, and granting of the nonexclusive easements required herein, the Bank Building shall have a total of 63 associated parking spaces as shown on Exhibit "D'T as "Proposed Parking for SunTrust Use" and shall be deemed compliant with Stieertiion 4..6.9(E)(6) of the LDRs. The City further, acknowledges and agrees that the transfer of Parcel 1 to, 4 of 8 pages Metropolitan, subject to the terms and conditions herein, shall not constitute an illegal subdivision under the LDRs. 7. The Revised Applications shall be subject to review by the City, its boards and agencies under, and shall be governed by, the Original LDRs (as defined above). 8. The City, by entering into this Agreement, has no obligation to provide maintenance, nor does the City accept any liability associated with the use of the parking spaces described herein. The City's interest in this Agreement is solely to assure its compliance with the parking requirements set forth in the LDRs. 9. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 10. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _ day of 92015. ATTEST: City Clerk Approved as to legal for and sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA 5 of 8 pages Mayor ACCEPTED AND AGREED: Dana Little, Director of Planning and Zoning 6 of 9 page WITNESSES: THE METROPOLITAN AT DELRAY, LLC a Florida limited liability company (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF DO (Print or Type Name) Manager The foregoing instrument was acknowledged before me this day of 2015, by , as Manager of THE METROPOLITAN AT DELRAY, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 7 of 9 pages WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF SUNTRUST BANK, a Georgia banking corporation I: (Print or Type Name) The foregoing instrument was acknowledged before me this day of 2015, by , as of SUNTRUST BANK, a Georgia banking corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 9, o)f'g pages, EAST 0 Q 0 J 9, Ld J Q O � U 00 ^ V) F-0 w 00 w = z= Q o z C7 •fff•• ATLANTIC AVENUE T - - - - S.E.iST STREET LAWRENCE STREET . :❖:❖:❖:❖:❖:❖:❖. .............. ffff•••ffffff•••••f••� 1�•�f�•�f�f�f�f�f�f�f�f�f�f�•�f • •ffffffffff• •fff•• S.E.iST STREET LAWRENCE STREET SP -II No. Date Received: SITE PLAN REVIEW & APPEARANCE BOARD INSTRUCTIONS FOR COMPLETING AND FILING THE CLASS II MODIFICATION SITE PLAN APPLICATION Applications for a Class II site plan modification may be submitted to the Planning and Zoning Department at any time between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday. Please print or type all of the required information, and ensure that the application is complete and accurate. In order to be accepted for processing, the submission must include: 1. A completed application; 2. Four (4) copies of a survey or the most recently approved site plan, showing all existing and proposed improvements to the site. If modifying the landscape plans provide four (4) copies of the most recently approved landscape plan, showing all existing and proposed improvements to the site; 3. Four (4) copies of architectural elevations for any structure(s) to be added to the site or modified, along with colored renderings of the elevations (if applicable); 4. Four copies of a photometric plan (if applicable); 5. One (1) 11" x 17" reduced copy of all plans submitted; 6. Processing fee of $400.00 (make checks payable to the City of Delray Beach); and, 7. Other information may be requested, if required. The survey, site plan, and landscaping plan, shall be prepared at the same scale. Acceptable scales shall include of V=110% V=20' or V=30'. Class 11 modifications involve changes to an approved site plan which do not require review of the Performance Standards found in Section 3.1.1 (e.g. parking lot redesign, landscape modifications etc.) Class II modifications are approved by the Site Plan Review & Appearance Board. It takes approximately three (3) to five (5) weeks for a modification to be processed, depending upon the number of comments made by staff and the time required by the applicant to submit revisions. Please note: Once the initial review has been conducted, applications requiring Board's review shall submit an additional eight (8) sets of plans and a digital copy on CD is required of all plan exhibits. The digital copy must be in a PDF format and shall be prepared at a size of 8%" x 11" or if illegible then increase the size to 11"x 17". Please refer to the appropriate sections of the City's Land Development Regulations when designing your project and completing this application. The Planning and Zoning staff will be glad to assist you in any way possible. Note: Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the Planning and Zoning Department, no later than 12:00 pm one day prior to the meeting where they wish to present. Board -mounted displays may not be used as a part of a presentation. Revised 1/15 TERMINAL LANDSCAPE ISLAND NEW PROPERTY LINE AFTER 2'-0" DEDICATION EXISTING ALLEY LIGHTPOLE TYP. p PROPERTY LINE WHEELSTOP TYP. sc MH: SLIDING GATE w� z �$ yJ F W a 9'_ DEWITT THISTLE a3.0' 9 PARKING LOT I O z ONE WAY W OTRAFFIC 0 CL O w EXISTING LL MASONRY m BUILDING W a 0 cVn EXISTING z MASONRY g BUILDING O W 0 in O sc MH:18 �- 19'-0" 15'-0" " PROPERTY LINE TERMINAL LANDSCAPE ISLAND 42' A SPHA L T PA VEMEN T S.E. 4TH AVENUE (AITKEN STREET PLAT) Proposed Site Plan -Parcel 4 Z Scale: N.T.S. A EXHIBIT "D" ''Iii _;' ' Pa�rl�zng �TOpQd 1�igr;,; %'k I�atzg i\II. IhR I I I�Li� I ! t ii IIi ti �i S 1 50 5 2 0 0 3 0 0 4 0 8 5 45 45 6 0 0 7 3 3 8 12 2 i it ! i{ F i{�i II ` ''II{{Ir 1£I♦ k�ili! ii' t { € 1 !! ... i I' -1 i'"4i il�ill li!`1 Ij. i!Sn� venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-155, Version: 1 TO: Mayor and Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 CONTRACT CLOSEOUT/ CHANGE ORDER NO. 1 FINAL/ADVANCED ROOFING, INC./ POMPEY PARK REROOF PROJECT Recommend Action: Motion to Approve a Contract Closeout (Change Order No. 1/Final) to Advanced Roofing, Inc., in the net contract reduction amount of $25,000.00; and approve a final payment, in the amount of $12,486.25 for completion of the Pompey Park Reroof Project (Project No.14-020). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), "Within the Scope of Work". Background: On December 9, 2014, Commission approved a bid award (Bid #2014-47) in the amount of $274,725.00 to Advanced Roofing, Inc., for the Pompey Park Community Center modifications and reroofing. The project scope of work consisted of modifications and reroofing of the 2,500 square foot mechanical pit area, above the Administration Building at Pompey Park. Change Order No. 1/Final, in the net contract reduction amount of $25,000.00, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. No funding source is required; this is a deductive change order. Attachments Include: CO#1/Final and Schedule "A" This Change Order #1/Final is in compliance with Ordinance No. 29-13, Chapter 36, Section 36.06 (A)(2). After final payment in the amount of $12,486.25 is made, residual funds, in the amount of $25,000.00, will be liquidated from Purchase Order #703771 to funding Account #334-4127-572- 62.10 City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File M 15-155, Version: 1 Legal Review: Approved as to form and legal sufficiency. Financial Review: The Financial Department recommends approval. Timing of Request: This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" IN I WWI2-0J3 J 7)1/l- aJSJII 14/;MI"-wYI77AMDXSI`7MI►/_:\1[K�7CYY:7_C�1rY CHANGE NO. 1/ Final (Contract Closeout) PROJECT NO. 14-020 DATE: PROJECT TITLE: PR -Pompey Bldg. Reroof TO CONTRACTOR: Advanced Roofing, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND 1610IT/ 1 NIZI I JUSTIFICATION: Complete changes to project per the attached Schedule "N'. SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $274,725.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $274,725.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($25.000.00) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $249,725.00 PERCENT DECREASE THIS CHANGE ORDER -9.10% TOTAL PERCENT DECREASE TO DATE -9.10% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Contractor Signature Date Type or Print Name and Title TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A - No Funding is Required 17"7 : Y\ i-Ofxk I RECOMMEND: Environmental Services City Attorney (Corporate Seal) FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: ATTEST: By: Cary D. Glickstein, Mayor City Clerk S.Ta,,AdminTnnecta\ 014\14 020 made file 2-27-14\0FFICIADAgeada Rackup C041 Final Advanced Roofing GC 11171nCO3 Final Advanced Roofing GC 101715.docx SCHEDULE"A" TO CHANGE ORDER NO. 1 /FINAL (CONTRACT CLOSEOUT) ADVANCED ROOFING, INC. PR-POMPEY BLDG. REROOF - PROJECT NUMBER 14-020 ITEM DESCRIPTION NO. UNI CONTRACT AWARD CONTRACT TO DATE EST. QN UNIT PRICE TOTAL ACTUAL EXTENDED QTY UNIT PRICE TOTAL PRICE QUANT ADJ. I. Complete ra-Roof of the Mechanical Pit Am 1 above the Administration Building at Pompey Park Per Plana and Spedfieatiom-$249,715.00 1 M.141.bon and Iranencc LS 1 $21350.63 $ 21360.63 1 $21,350.63 $ 21,350.63 $ - IR Crane T.uc ead➢um s LS 1 $ 16,606.05 $ 16,606.05 1 $ 16,606.05 $ 16606.05 $ IC Reaft Materials LS 1 $71,166.76 $ 71,168.78 1 $71,168.78 $ 71,168.78 1 $ ID IiooBn Labor LS 1 $42701.27 $ 42,701.27 1 $ 42,701.27 $ 42,701.27 $ - IE Shaat Maul Matedals LS 1 $ 7,116.88 $ 7116.88 1 $ 7,116.88 $ 7,116.88 $ - 1F Sheet Metal Labor LS I $ 11,861.46 $ 11,861.46 1 $ 11,861.46 $ 11,861.46 $ - 1G HVAC Work LS 1 $ 35,584.39 $ 35,584.39 1 $ 35,584.39 $ 35,584.39 $ - III Screen Wail Fabricaticn 1.6 I $ 16,606.05 $16,606.05 606.05 $ 16,606.05 $ - lI Scram Wdl lvnallation LS 1 $ 14,233.76 $ 14,233.76 1 $ 14,233.76 $ 14,233.76 $ - Wan Comhvctionfor Window htlill Aasocimed 11 work and Exterior Repearting ofthe Gymnasium Wait LS I $12,485.73 $ 12,485.73 1 $12485.73 $ 12485.73 $ 2 Udafted Genaat Allowmce LS 1 $25,000.00 $ 25000.00 0 $25,000.00 $ - $ 25,000.00 3 Ladmm�cetion LS I $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 $ - TOTAL ORIGINAL CONTRACT AWARD $274,725.00 $249,725.00 $ (25,000.00) Original Contract Award $274,725.00 Previously Approved Changes $0.00 Total Award/Approved to Date $274,725.00 CHANGE ORDER NO. 11 FINAL $ (25,000.00) Final Contract to Date $249,725.00 Payments to Date $237,236.75 FINAL PAYMENT $12,486.25 Page i of t venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-189, Version: 1 TO: Mayor and Commissioners FROM: Randal L. Krejcarek, PE, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 Request From Caffe Luna Rosa To Amend Section 6 Of Its Parking License Agreement Extended Stay Fee Motion to Approve Amendment No. 1 to the Caffe Luna Rosa Valet Parking License Agreement Section 6 increasing the extended stay fee to $10.00. Background: During review of the Valet Parking License Agreements in 2011 agreements were modified by adding Section 6 limiting the fee that could be charged to $10. To promote turnover an extended stay fee was added allowing valets to charge an additional $5 to vehicles staying over 2 -hours at valets east of the Intracoastal Waterway, (ICW) and 4 -hours west of the ICW. The catalyst triggering the amount of time parked until the extended fee is permitted, (2 -hours east of the ICW compared to 4 -hours west of the ICW) was largely due to unique challenges of providing daytime valet service at the beach compared to valets in the core area offering service in the evening only. A significant number of beach goers are from areas where parking fees are second nature, finding $15 or $20 acceptable for valet service, thereby mitigating turnover as the combination of beach activities and dining easily extends stays beyond 2 -hours. It is noted, the agreement requires the valet to accept all patrons wanting to use the service. In attempt to create additional turnover Caffe Luna Rosa is requesting an increase to the extended stay fee from five -dollars, ($5) to eight or ten dollars ($8 or $10). The Parking Management Advisory Board, at its meeting of August 25, 2015, in a 5-0 vote, (Mr. Marincola recused for conflict of interest), recommended approval of the request to increase the extended stay fee to ten dollars, ($10). Staff supports the recommendation of the Parking Management Advisory Board. Legal Review: Approved as to form and legal sufficiency. Financial Review: The Finance Department recommends approval. Timing of Request: Coming into high season, the applicant is anxious to resolve issues noted above. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by Legistar'"^ AMENDMENT NO. 1 TO PARKING LICENSE AGREEMENT WITH CAFFE LUNA ROSA, INC DATED OCTOBER 1, 2014 THIS AMENDMENT NO. 1 to the Agreement dated October 1, 2014, is made this day of , 2015, by and between the CITY OF DELRAY BEACH (the City) and CAFFE LUNA ROSA, INC d/b/a/ CAFFE LUNA ROSA, a Florida Corporation ("Licensee"). WITNESSETH: WHEREAS, the parties entered into a Parking License Agreement October 1, 2014, to provide for the use of seven (7) public parking spaces located on the south side of Atlantic Avenue between Salina Avenue and Ocean Boulevard (State Road A -1-A) for valet parking queues; and $10.00. WHEREAS, the parties have agreed to increase the extended stay fee from $5.00 to NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. That Paragraph 6, "Maximum Parking Fee Permitted" shall hereby be amended as follows: 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first two (2) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of—fi-ve ten dollars ($-5 $10.00) may be assessed to all vehicles parked in excess of two (2) hours east of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and on the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to charge an extended stay fee. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Parking License Agreement on the day and year first hereinabove written. ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney 2 CITY OF DELRAY BEACH, FLORIDA Ul-A Cary D. Glickstein, Mayor WITNESSES: CAFFE LUNA ROSA, Inc. By: (please type or print name) (please type or print name) Title: (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2015, by who is personally known to me or who has produced as identification. Signature of Notary Public PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement') is effective this Ist day of October 2014 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY"), and CAFFE LUNA ROSA, INC. d/b/a CAFFE LUNA ROSA, a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to u ts� he parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use of seven (7) parking spaces located on the south side of Atlantic Avenue between Salina Ave and Ocean Boulevard (SR AIA) to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 11 AM to 10 PM weekdays, 10 AM to 10 PM Saturdays & Holidays and, 9 AM to 10 PM Sundays, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on -street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement and at the CITY's request, LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Forty One Dollars and 95/100 per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared 2 proportionately. Only one (1) valet operator will be permitted to operate the queue. LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first two (2) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of two (2) hours east of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to charge extended stay fee. 7. Signage. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: 3 a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent (33%) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October I" each year, the license may be suspended until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking M spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA -compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N. W. I st Avenue Delray Beach, Florida 33444 To LICENSEE: 3 J 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. Fhe City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, 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 liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY E harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on -street or off-street public parking spaces; b) Parking cars in the designated parking queues; C) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. m vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25) feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 her designee. C) The LICENSEE may appeal the violation to the City Manager or his or d) The accumulation of violations shall be limited to each contract year and will start anew on October 1 st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assienment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. 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. X41 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 20 E ATTEST: �.IfI__��.Gad Approved as to form: UV�1� City Attorney (CORPORATE SEAL) STATE OF COUNTY OF lit I (, 1 THE CITY OF ELRAY BEACH, By: D. Glickstein, Mayor LICENSEE: By: Print Name: (� Title: The foregoing instrument was acknowledged before me this q"-\ day of ('fn 20luL, by I" l(LfLAC-3VA 'as ' 1�YtDSIC�i✓l (name of officer or agent, title of officer or agent), of G.-� fe- LL (>fl� �0S (& (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He he is personally known to me or has produced 80NW BEER �"My Public - Stals of Florida My Comm. Wires Jan 22. 2017 � �;;: Commida)oa N EE 887389 (type of entification) as identification. Signalure of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100;000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. Best's guide rating B+, VIII or better, latest edition. 11 File #: 15-268, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 REQUEST FOR SUBORDINATION OF THIRD MORTGAGE FOR 1023 MANGO DRIVE Recommended Action: Motion to Approve a request for the City to subordinate its third mortgage position in the amount of $6,500.00 for the property located at 1023 Mango Drive. This will allow Mr. and Mrs. Hill to modify their mortgage to reduce the monthly note and interest rate from 5.75% to 4.125% changing the monthly payment from $1,269.00 to $1,061.00 per month. Background: The action before City Commission is authorization and approval to subordinate its third mortgage position in the amount of $6,500.00 to allow Mr. and Mrs. Hill to modify their mortgage to reduce the monthly note and interest rate. Mr. and Mrs. Hill of 1023 Mango Drive, participated in the City's State Housing Initiatives Partnership Program (SHIP) under its Subrecipient Housing strategy in December 2009. The Hill's mortgage company has agreed to modify the current loan by reducing the interest rate from 5.75% to 4.125% changing their monthly payment from $1,269.00 to $1,061.00 per month. Subsidies provided for purchase assistance through the Neighborhood Services Division are secured by a mortgage and promissory note. All deferred payment loans require the applicant to maintain ownership/residence for a specified period according to the amount of the grant. Loan amounts less than $35,000 per unit have a recapture period of fifteen (15) years. In order for a homeowner assisted by program funds to refinance his or her first mortgage or obtain a second mortgage, the City of Delray Beach must agree to subordinate its mortgage position. When the City agrees to subordinate its mortgage position, the homeowner is able to borrow against the equity in their home. The City's decision whether or not to subordinate is rendered on a case-by-case basis with the primary objective being "increasing the affordability of housing". This request is to maintain the City's mortgage position in third position and to allow the Hill's to refinance the current first/second mortgage with no consolidation of debt or cash -out, and lowering the interest rate therefore increasing the affordability of her home which meets the intent of the program. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: This request is urgent to meet homeowner's deadline to close on the refinance loan with lender. City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File M 15-268, Version: 1 City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" Prepared by and Return to: Neighborhood Services Division City of Delray Beach 100 NW 151 Avenue Delray Beach, FL 33444 SUBORDINATION AGREEMENT WHEREAS, undersigned is the owner and holder of that certain mortgage executed by VICKI L. HILL AND EARKIS L. HILL III to CITY OF DELRAY BEACH, Florida to secure an original indebtedness of $6,500.00, said, promissory note being dated the 31sT December 2009, and recorded on February 8, 2010 in Official Record Book 23684 Pages 0702 in the Public Records of PALM BEACH County, Florida said Mortgage encumbering the following described lands situate in PALM BEACH County, Florida: LEGAL DESCRIPTION: Lot 54, SUNSET PARK, according to the map or plat thereof as recorded in Plat Book 12, page(s) 65, Public Records of Palm Beach County, Florida. PCN # 12 43 46 20 16 000 0540 WHEREAS, a portion or all and aforedescribed have been mortgaged by Housing Partnership, Inc. to BankUnited N.A., its successors and for assigns, as their interest may appear (hereinafter called the LENDER) to secure a mortgage loan of $157,000.00 said mortgage to the lender being dated and filed in Official Record Book , Page , Public Records of Palm Beach County, Florida. WHERAS, the LENDER would not close its mortgage loan and disburse the proceeds thereof unless its mortgage were a first lien, superior in right and dignity to the lien of the Mortgage held by the undersigned: NOW, THEREFORE, For and in consideration of One Dollar, in hand paid by the LENDER, receipt whereof is hereby acknowledged, and to induce the LENDER to disburse the proceeds of its mortgage loan aforedescribed, the undersigned do hereby represent, warrant, covenant and agree as follows: That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, together with the indebtedness secured thereby, is owned by the undersigned and that neither said mortgage nor said indebtedness has been assigned, transferred, or pledged to any person whomsoever, so that the undersigned have full right, and authority to execute this SUBORDINATION AGREEMENT. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, and the same hereby is declared to be for all times inferior and subordinate in lien, right and dignity to the mortgage held by the LENDER hereinabove described, just as though said mortgage to the LENDER were executed, recorded and closed prior to the execution of the mortgage held by the undersigned and herein subordinated. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of 2015. Signed sealed and delivered in the presence of: CITY OF DELRAY BEACH Witness (Print) By: Witness (Print) Print: Address: 100 NW 1St Avenue, Delray Beach, Florida 33444 State: FLORIDA County of PALM BEACH The foregoing instrument was acknowledged before me this day of , 2015 by as, Mayor of City Delray Beach, He/She is personally known to me or has produced a driver's license as identification Notary Public Printed name: My Commission Expire: (SEAL) Approved as to form and legal sufficiency: By: City Attorney 00 st nue City of Delray Beach 1lrayBe Beach, 34 Delray Beach, FL 33444 Legislation Text File #: 15-182, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 MEMORANDUM OF UNDERSTANDING BETWEEN THE DELRAY BEACH POLICE DEPARTMENT AND THE UNITED STATES SECRET SERVICE: Motion to Approve a Memorandum of Understanding between the Delray Beach Police Department and the United States Secret Service that will allow the City of Delray Beach Police Department to obtain reimbursement for various overtime costs, travel, training, equipment and other expenses related to work performed in the assistance of the United States Secret Service, South Florida Organized Fraud Task Force. Background: This is a Memorandum of Understanding between the Delray Beach Police Department and the United States Secret Service that will allow The City of Delray Beach Police Department to obtain reimbursement for various overtime costs, travel, training, equipment and other expenses related to work performed in the assistance of the United States Secret Service, South Florida Organized Fraud Task Force in conducting official investigations. During the period of assignment to the South Florida Secret Service's Organized Fraud Task Force, the Delray Beach Police Department will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the Task Force and making all payments due them. Reimbursement under this Memorandum of Understanding is contingent upon the availability of mandatory funds allocated to the United States Secret Sevice through the Department of the Treasury Forfeiture Fund. The agreement further mandates that the Delray Beach Police Department shall allow the United States Secret Service Department of Treasury, Comptroller of the United States to audit any records, documents, accounts, invoices, expenditures, etc. related to this Memorandum of Understanding. Maximum reimbursement allowed for overtime costs to any one law enforcement official cannot exceed $15,000.00 per fiscal year. The Memorandum of Understanding becomes effective upon signature of both parties and will remain in effect unless terminated by either party upon 30 days written notice. Legal Review: Approved as to form and legal sufficiency. Financial Review: The Finance Department recommends approval. Operating Cost: City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'" File #: 15-182, Version: 1 There is no cost to the City of Delray Beach other than the officer's regular salary, benefits and overtime. City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" MEMORANDUM OF UNDERSTANDING BETWEEN THE DELRAY BEACH POLICE DEPARTMENT AND THE UNITED STATES SECRET SERVICE The Delray Beach Police Department and the United ,States Secret Service (USSS) enter into this memorandum of understanding (MOU), which becomes effective with the signatures of both parties and remains in effect until terminated by the mutual agreement of the Delray Beach Police Department and the USSS or upon 30 day written notice by either party to this agreement. I. AUTHORITY This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 USC 9703, as amended. This act established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel, training, equipment and other similar costs of State and Local law enforcement officers, that are involved in joint operations, with a Department of the Treasury law enforcement organization, as prescribed in 31 USC 9703 (a)(1)(I)(hereinafter "overtime costs and other expenses"). II. PURPOSE This MOU establishes the procedures and responsibilities of both the Delray Beach Police Department and the USSS for the reimbursement of certain overtime costs and other expenses pursuant to 31 USC 9703. III. CONDITIONS AND PROCEDURES The parties agree to the following conditions: (a) The Delray Beach Police Department may request reimbursement of payment of overtime costs and other expenses directly related to work performed by its officer(s) assigned to assist the U.S. Secret Service's South Florida Organized Fraud Task Force (SFOFTF) in conducting official investigations. The Delray Beach Police Department will submit all requests for reimbursement payments, together with appropriate documentation, to the U.S. Secret Service's Task Force Supervisor. Request for reimbursement will be based solely upon overtime worked and other expenses performed on behalf of the U.S. Secret Service SFOFTF. (b) All reimbursement hours of overtime costs and all other expenses covered under this MOU must be approved and certified by the U.S. Secret Service Task Force Supervisor. The reimbursable overtime payments will be based upon the actual hourly overtime rate, exclusive of matching employer contributions for any taxes or benefits. (c) The U.S. Secret Service Task Force Supervisor will forward all approved reimbursement requests through the Special Agent in Charge (SAIL) Asset Forfeiture Branch, Office of Investigations, to the Treasury Forfeiture Fund's payment agent, U.S. Customs National Finance Center (NFC). (d) During the period of assignment to the SFOFTF, the Delray Beach Police Department will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the Task Force and making all payments due them. Reimbursement under this MOU is contingent upon the availability of mandatory funds allocated to the U.S. Secret Service through the Department of the Treasury Forfeiture fund. (e) The Delray Beach Police Department shall permit and have readily available for examination and auditing by the U.S. Secret Service, the Department of Treasury, the Comptroller of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. They shall maintain all such records and reports until all audits and examinations are completed and resolved, or for a period of three (3) years, which ever is sooner. {f7 Payments may be made to the extent they are included in the U.S. Secret Service Fiscal Year Plan and the monies are available within the Department of Treasury Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also be understood that the total amount(s) made available to the U.S. Secret Service through the Department of the Treasury Forfeiture Fund, for reimbursement to the Delray Beach Police Department, could change at any time. (g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive number 1$, the maximum reimbursement entitlement for overtime costs to any one law enforcement official cannot exceed fifteen -thousand ($15,000.00) dollars during the fiscal year. (h) This document does not obligate funds. Funding authority will be provided through other documents. (i) The Delray Beach Police Department shall provide the U.S. Secret Service within 10 days of the signing of this MOU, with their agency's mailing address, contact name, telephone number and tax identification number. Further, this agency must provide the name, account number and ABA routing number of the financial institution where the Delray Beach Police Department wants the Electronic Funds Transfer (EFT) payment deposited for the reimbursement of overtime salary costs. Failure to provide this information within the prescribed period of time will nullify this MOU agreement. IV. REVISIONS The terms of this MOU may be amended upon the written approval of both the Delray Beach Police Department and the U.S. Secret Service. Such amendment is effective upon the date of approval. U.S. Secret Service Miami Field Office A/SAIC Neil Melofchik Date: U.S. Secret Service, Office of Investigation Criminal Investigations Division SAIC — Stuart J. Tryon Date: Delray Beach Police Department Chief/Commissioner/Sheriff or Designee Jeffrey S. Goldman, Chief of Police Date: CITY OF DELRAY BEACH Cary Glickstein, Mayor ATTEST: Chevelle Nubin, City Clerk Approved as to form & legal sufficiency: Noel Pfeffer, City Attorney venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-241, Version: 1 TO: Mayor and Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 REQUEST TO SUBMIT 2016 EMS GRANT APPLICATION THROUGH PALM BEACH COUNTY FOR FIRE -RESCUE Recommended Action: Motion to Approve for Fire Rescue to submit a reimbursable application for 2016 EMS Grant through Palm Beach County to replace the current ZOLL Pulse with the LUCAS Device. Background: Each year Palm Beach County receives a state grant that is specifically for improvement in emergency medical services. This year the county has received funds in the amount of $205,012.00 and requires these funds to be solely used to improve and expand pre hospital EMS. The department will be requesting grant funds to purchase two (2) Lucas Devices. This is a reimbursable grant. Included is a quote for two (2) Lucas Chest compression Systems from Physio Control who is the sole provider of this piece of equipment. The additional accessories and warranty are options shown on the quote. We have received EMS grants from the County on multiple occasions upgrading our EMS equipment. The 2015 EMS Grant provided a grant for $17,780.00 to the City of Delray Beach for the purchase of tablets to be used with the new Safety Pad ePCR (electronic patient reporting system). That reimbursable grant has already been received by the city. The LUCASTM Chest Compression System assists first responders and paramedics by providing effective and uninterrupted chest compressions on sudden cardiac arrest patients. With automated CPR the fatigue, individual variations or psychological factors are removed from CPR and there is no longer a need for shifting CPR providers every two minutes. Rescuers are freed up to focus on other critical life-saving tasks, such as ventilation, medication and defibrillation, which leads to an increased focus on cardiac arrest management. LUCASTM facilitates the transportation of cardiac arrest patients with ongoing compressions, not only from the scene to the ambulance, but also inside a fast-moving ambulance. It is well established that effective CPR is very difficult to achieve manually in these situations. In addition, rescuers will no longer have to compromise their own safety by providing compression during transportation. With LUCASTM consistently performing the compressions, rescuers are still able to sit firmly, belted and watching over the patient. City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by LegistarT"^ File #: 15-241, Version: 1 The LUCASTM CPR device has been in use in large pre -hospital organizations since 2003. Several publications confirm the practical benefits of implementing and using the LUCASTm device in the pre- hospital setting and some points to an increased short-term survival (return of spontaneous circulation). The LUCAS device will replace our current ZOLL Auto -Pulses which are becoming obsolete and costly to maintain. The device will also provide better circulation with the current recommendation of placing. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by LegistarT"^ To EMS Division Chief David Wetzel Delray Beach Fire Rescue 501 W Atlantic Ave Delray Beach,FL 33444 (561) 243-7414 wetzel(&mydelraybeach.com Physio -Control, Inc 11811 Willows Road NE P.O. Box 97006 Redmond, WA 98073-9706 U.S.A. www.physio-control.com tel 800.442.1142 fax 800.732.0956 Quote Number 00013427 Revision # 1 Created Date 10/14/2015 Sales Consultant Catherine Rule FOB Redmond, WA Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET 30 Expiration Date 1/10/2016 Trade-in product Trade in of Zoll AutoPulse towards the purchase of Lucas2 LUCAS 2.2 Chest Compression System INCLUDES BASE UNIT WITH BACK PLATE, CARRYING 99576-000024 BAG, TWO (2) PATIENT STRAPS, STABILIZATION STRAP, 3 SUCTION CUPS, 1 RECHARGEABLE BATTERY, AND INSTRUCTIONS FOR USE WITH EACH DEVICE.. 11576-000060 LUCAS 2 Stand-alone Battery Charger 11576-000040 LUCAS 2 Battery - Rechargeable Lithium Polymer (Lipo) (4 pack) 11576-000055 LUCAS 2 Power Supply Cord LUCAS-OSCOMP-2-POS LUCAS Service - 2 YEAR. On-site Comprehensive Coverage. Annual Payments. 50999-000117 Zonal: (1 to 25Mi) or (1 to 40Km) Subtotal Estimated Tax Estimated Shipping & Handling Grand Total List Price Total Total Contract Discounts Amount Total Discount Trade In Discounts Quote Number: 00013427 2.00 0.00. 0.00, -3,000.00 -6,000.00 i 2.00 115,220.00'-1,674.20 , 13,545.80 i 27,091.60 2.00 1,128.40' -124.12 1,004.28'., 2,008.55 1.00! 2,557.40'. -281.31,. 2,276.09 2,276.09 2.00 358.80 -39.47 319.33 638.66 2.00 3,100.00 465.00 1 12,635.00 5,270.00 2.00 0.00 0.00 0.00 ',, 0.00 USD 31,284.90 USD 0.00 USD 185.00 USD 31,469.90 Pricing Summary Totals USD 42,171.80 USD -930.00 USD -3,956.90 USD -6.000.00 Tax + S&H USD 185.00 GRAND TOTAL FOR THIS QUOTE USD 31,469.90 TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO: # 800.732.0956, ATTN: REP SUPPORT PHYSIO -CONTROL, INC. REQUIRES WRITTEN VERIFICATION OF THIS ORDER. A PURCHASE ORDER IS REQUIRED ON ALL ORDERS $10,000 OR GREATER BEFORE APPLICABLE FREIGHT AND TAXES. THE UNDERSIGNED IS AUTHORIZED TO ACCEPT THIS ORDER IN ACCORDANCE WITH THE TERMS AND PRICES DENOTED HEREIN. BV/73690 CUSTOMER APPROVAL(AUTHORIZED SIGNATURE) NAME Notes: Taxes, shipping and handling fees are estimates only and are subject to change at the time of order. Shipping and handling applies to ground transport only. Physio -Control will assess a $10 handling fee on any order less than $200.00. Above pricing valid only if all items in quote are purchased (optional items not required). To receive a trade-in credit, Buyer agrees to return the trade-in device(s) within 30 days of receipt of the replacement device(s) to Physio -Control's place of business or to an authorized Physio -Control representative. Physio -Control will provide instructions for returning the device(s) and will pay for the associated shipping cost. In the event that trade-in device(s) are not received by Physio -Control within the 30 -day window, Buyer acknowledges that this quote shall constitute a purchase order and agrees to be invoiced for the amount of the trade-in discount. Invoice shall be payable upon receipt. Items listed above at no change are included as part of a package discount that involves the purchase of a bundle of items. Buyer is solely responsible for appropriately allocating the discount extended on the bundle when fulfilling any reporting obligations it might have. If Buyer is ordering service, Buyer affirms reading and accepts the terms of the Physio -Control, Inc. Technical Service Support Agreement which is available from your sales representative or http://www. physio -control. com/uploaded Files/products/sewiceplansJTechn ica]SeNiceAg reement.pdf 2 Zoll AutoPulse trade ins Trade-in values are a function of the market value and the condition of the device at the time of trade in, thus values may be subject to change. Please note that device serial numbers are required at time of order. TERVIS OF SALE General Terms Physio -Control, Inc.'s acceptance of the Buyer's order is expressly conditioned on product availability and the Buyer's assent to the terms set forth in this document and its attachments. Physio -Control, Inc. agrees to furnish the goods and services ordered by the Buyer only on these terms, and the Buyer's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Buyer's purchase order or on other documents submitted to Physio -Control, Inc. by the Buyer. These terms may only be revised or amended by a written agreement signed by an authorized representative of both parties. Pricing Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio -Control, Inc. standard prices in effect at the time of delivery. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and services covered by this document. Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio -Control, Inc. receives a copy of a valid an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio -Control, Inc. Tax Department P.O. Box 97006, Redmond, Washington 98073-9706. Quote Number: 00013427 Payment Unless otherwise indicated in this document or otherwise confirmed by Physio -Control, Inc. in writing, payment for goods and services supplied by Physio -Control, Inc. shall be subject to the following terms: • Domestic (USA) Sales -Upon approval of credit by Physio -Control, Inc., 100% of invoice due thirty (30) days after invoice date. • International Sales - Sight draft or acceptable (confirmed) irrevocable letter of credit. Physio -Control, Inc. may change the terms of payment at any time prior to delivery by providing written notice to the Buyer Delivery Unless otherwise indicated in this document, delivery shall be FOB Physio -Control, Inc. point of shipment and title and risk of loss shall pass to the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence of shipping instructions from the Buyer, Physio -Control, Inc. will obtain transportation on the Buyer's behalf and for the Buyer's account. Delays Delivery dates are approximate. Physio -Control, Inc. will not be liable for any loss or damage of any kind due to delays in delivery or nondelivery resulting from any cause beyond its reasonable control, including but not limited to, acts of God, labor disputes, the requirements of any governmental authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio -Control, Inc. inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio -Control, Inc. and the Buyer's agreement and the delivery dates shall be extended for the length of such delay. Inspections and Returns Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physio -Control, Inc. with written notice of any deficiency. Payment is not contingent upon immediate correction of any deficiencies and Physio -Control, Inc. prior approval is required before the return of any goods to Physio -Control, Inc. Physio -Control, Inc. reserves the right to charge a 15% restocking fee for returns. The Physio -Control Returned Product Policy is located at Sentce Terris All device service will be governed by the Physio -Control, Inc. Technical Services Support Agreement which is available from your sales representative or http://www.physio-control.com/uploaded FilesJproducts/service-plans/Technica[SeNiceAgreement.pdf. All devices that are not under Physio -Control Limited Warranty or a current Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at then -current list prices prior to being covered under a Technical Service Support Agreement. If Buyer is ordering service Buyer affirms reading and accepts the terms of the Technical Service Support Agreement. Warranty Physio -Control, Inc. warrants its products in accordance with the terms of the standard Physio -Control, Inc. product warranty applicable to the product to be supplied. Physio -Control, Inc. warrants services and replacement parts provided in performing such services against defects in accordance with the terms of the Physio -Control, Inc. service warranty set forth in the Technical Service Support Agreement. The remedies provided under such warranties shall be the Buyer's sole and exclusive remedies. Physio -Control. Inc. makes no other warranties, express or implied, Including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO -CONTROL, INC. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. Patent & Indemnity Upon receipt of prompt notice from the Buyer and with the Buyers authority and assistance, Physio -Control, Inc. agrees to defend, indemnify and hold the Buyer harmless against any claim that the Physio -Control, Inc. products covered by this document directly infringe any United States of America patent. Miscellaneous a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the United States of America. b) Through the purchase of Physio -Control, Inc. products. the Buyer does not acquire any interest in any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products, and the Buyer expressly agrees not to reverse engineer or decompile such products or related software and information. c) The rights and obligations of Physio -Control, Inc. and the Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the State of Washington, United States of America. All costs and expenses incurred by the prevailing party related to enforcement of its rights under this document, including reasonable attorneys fees, shall be reimbursed by the other party. Quote Number: 00013427 EMS Providers Needs Assessment Form (2015) Thomas McCarthy—President, Mark Pure -Vice President, Michael Landress— Secretary Andrew Lezza —Treasurer, John Treanor— At Large Date: V b 11 J i Agency Name: r C h \� rt� & C iQ_ Agency � 1"- 2,z.2f # Of Transport Units # of non -Transport Units Medical Director: «tom KV S�n C+ Do you have electronic field reporting (software, tablets, laptops etc.) which ties into EMSTARS? If so, do you have one per Rescue Truck? If not, how many do you need to acquire that goal? 11,E , Y-JeS Is there any equipment that has been previously procured that you feel needs updating i.e.: Automatic Compression devices, Video Laryngoscopes, stretchers. '(1� I ccj% nc3cru r--� Cjl tc jc PJJ 4 �I nS Vt S What other equipment do you feel would benefit your individual department now or in the future? p�C� cJ C NAV p'\.es �,; -�-- I « �" ._Q_, Is there any equipment/training, not addressed in this document, you believe would benefit agencies "Countywide"? Please list all. N I A Lastly, if you had to prioritize your needs using the equipment/training just discussed, what would be your top priority? K1 Y'*r Mission: Rick Scott To prated, promote & improve the health Governor of all people in Fbdda through Integrated state, county& community efforts. '+ kti'`.': John H. Armstrong, MD, FACS HEALTHState Surgeon General & Sedelary Vision: To be the Healthiest State in the Nation July 24, 2015 RECEIVED Chairperson RECEIVED 111. 3 12015 Palm Beach County BOCC 301 N. Olive Avenue AUG 0 5 2015 West Palm Beach, FL 33401 PUBLIC SAFETY Dear Chairperson: DEPARTMENT We are pleased to announce that you may now request your annual emergency medical services (EMS) county grant funds. The amount for your county this year Is $205,012.00. Section 401.113 (1); Florida Statutes, requires the funds must be used solely to improve and expand pre -hospital EMS. Your grant budget total that you submit must equal the amount cited above. After your new grant begins, you may request the transfer of unexpended funds, if any, from your previous grant to the new grant. To obtain the new funds, the county must submit an original and one copy of: the two-page application form, the Request for Grant Fund Distribution page and a current resolution described by Item #4 of page one of the application form. Completed applications must be mailed to: Attn: Alan Van Lewen DOH EMS, County Grants, 4052 Bald Cypress Way, Mail Bin A-22 Tallahassee, FL 32399-1722. I have enclosed a copy of an Instruction page and the forms. The deadline for completed applications is December 16, 2015. Please contact me if you have any questions. Sincerely, A.v,�, M Alan Van Lewen Health Services and Facilities Consultant EMS Section Grants Unit Enclosures www.FlorldnHealth.gov Florida Department of Health TWITTER:HealthyFLA Bureau of Emergency Medleal Oversight FACEBOOK:FLDepadmenloWealth 4052 Bald Cypress Way, Bin A-22 • Tallahassee, FL 32399-1722 YOUTUBE: 8doh PHONE: 85012454440 • FAX 8501488-9408 FLICKR: HealUyFla PINTEREST: Heatil la Application Form July 2016-2016 Effective July 24 County Governments may submit their Fiscal Year 2015-2016 application for county grant funds. The deadline for state EMS to receive the required pages of your completed county grant application form is by December 16, 2015. You can see the amount of your new grant at the state EMS website in the "Total" column of the county amount table. The first application form page has five items, the first three of which are self-explanatory. However, note that Item 2 is where the county's authorized person must provide his/her signature. Item 4 describes the content of the resolution. Please provide this in your county's customary format and approval process. The resolution must be current and not a copy of a previous resolution. We need this current resolution or we will not be able to process the application for funds. Item 5 of the first page of the application form asks for the name of the organizations that will receive funds from your new county grant. The second page of the application form is the budget page and one of these budget pages is needed for each organization listed in item 5, The budget page for each organization must have on it specific and quantifiable items or services, with the cost for each unit or type of item or service. All costs must add to the exact amount of new funds for your grant. You can transfer unexpended funds from your previous grant after the new grant begins. No general statements can be used in the budget because we are now required to have specificity up -front and need it to obtain your grant funds. However, you can still make change requests during the new grant, so you do not lock yourself into the initial items. Your budget totals in the application should be added for you if you place your cursor over a subtotal or total field, right click your mouse, then left click on the resulting menu "Update Field." Request for Grant Fund Distribution Form This page is included with your application form. Complete only the top part of this form and the state will complete the bottom part, as indicated on the form. EMS COUNTY GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Emergency Medical Services Program HEALTH Complete all items ID. Code (The State EMS Program will assign the ID Code — leave this blank) C40 1. County Name: Business Address: Telephone: Federal Tax ID Number Nine Digit Number). VF 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Title: 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Position Title: Address: Tele hone: Fax Number: E-mail Address: 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current levels of county expenditures. We cannot Process for funds without a current resolution. 5. Budget: Complete a budget page(s) for each organization to which you List the organization(s) below. (Use additional pages if necessary) BUDGET PAGE A. Salaries and Benefits: For each position tide, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. Amount TOTAL Salaries = $ 0.00 TOTAL FICA & Other Benefits = Total Salaries & Benefits = B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay see next category). List the item and, if applicable, the quantity Amount Total Expenses = $ 0.00 C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life Amount Grand Total = $ 0.00 FLORIDA DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES (EMS) GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2) (a), Florida Statutes, the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. Agency: Mailing Address: Federal Identification number: Authorized County Official: Signature Date Type or Print Name and Title Sign and return this page with your application to: Florida Department of Health Emergency Medical Services Program, Grants 4052 Bald Cypress Way, Bin A-22 Tallahassee, Florida 32399-1722 Do not write below this line. For use by State Emeroencv Medical Services Grant Amount For State To Pay: $ Grant ID: Code: C40 Approved By Signature of State EMS Grant Officer Date State Fiscal Year: 2015 - 2016 Organization Code EQ. OCA Obiect Code Category 64-61-70-30-000 05 SF005 750000 059998 Federal Tax ID: VF Grant Beginning Date: Grant Ending Date: DH 1767P, December 2008 64J-1.015, F.A.C. 3 File #: 15-279, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 RESOLUTION NO. 74-15 Recommended Action: 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to Approve Resolution No. 74-15 regarding the March 15, 2016 Special (Referendum) Election. Background: The resolution is per City Charter, Section 5.07(A) and provides the process for conducting the special (referendum) election to be held on March 15, 2016 in conjuction with the Presidential Preference Primary. City Attorney Review: Approved as to legal form and sufficiency. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM RESOLUTION NO. 74-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 15,2016; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 31-15 AND FOR A REFERENDUM ON THE REPEAL OF CHAPTER 25784 LAWS OF FLORIDA PRESENTED IN ORDINANCE NO. 32-15; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for Special Elections; WHEREAS, Ordinance No. 31-15 provides the City Commission with the discretion to appoint an internal auditor; and WHEREAS, Ordinance No. 32-15 provides for the repeal of Chapter 25784, Laws of Florida which created the Civil Service Code for the City of Delray Beach employees; and WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the Charter change proposed in Ordinance No. 31-15 and the repeal of Chapter 25784 of the Laws of Florida proposed in Ordinance No. 32-15 be held on Tuesday, March 15, 2016; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a Special Election, and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach, Chapter 34, "Elections", and General Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a Special Election on the Charter change presented in Ordinance No. 31-15 and the repeal of Chapter 25784 of the Laws of Florida presented in Ordinance No. 32-15. Section 3. That the Special Election shall be held and is hereby ordered to be held in the City of Delray Beach, Palm Beach County, Florida between the hours of 7:00 am and 7:00 pm on the 15th day of March, 2016 for the purpose of determining the outcome of the Charter change proposed in Ordinance No. 31-15 and the repeal of Chapter 25784 of the Laws of Florida proposed in Ordinance No. 32-15. Section 4. The Palm Beach County Supervisor of Elections shall provide for use of the voting equipment and process absentee ballots for said elections. Section 5. Immediately after closing of the polls on the day of said elections, the clerks of each precinct shall present the returns thereof to a site designated by the Palm Beach County Supervisor of Elections for official results to be processed. Section 6. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary regarding the Special Election as hereby provided. Section 7. That the City Commission shall convene not later than three (3) days after such election and shall review the returns and, in the absence of a declaration of a contest by any of the candidates in such election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections. Section 8. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of 32015. ATTEST: City Clerk RES. NO. 74-15 File #: 15-265, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 CHILDHOOD CANCER AWARENESS WEEK - NOVEMBER 23-29,2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age 15. This tragic disease is detected in nearly 15,000 of our country's young people each and every year; and WHEREAS, one in five of our nation's children loses his or her battle with cancer. Many infants, children and teens will suffer from long-term effects of comprehensive treatment, including secondary cancers; and WHEREAS, founded over twenty years ago by Steven Firestein, a member of the philanthropic Max Factor cosmetics family, the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. are dedicated to helping these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment Children's Medical Center at Tampa General Hospital, Miami Children's Hospital, Holtz Children's Hospital in Miami, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor Courageous Kid Recognition Award presentations, community get well cards and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. NOW, THEREFORE, I CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim November 23 - 29, 2015 as: Childhood Cancer Awareness Week in the City of Delray Beach and encourage all residents to participate in activities to support childhood cancer awareness education and the funding of research programs to find a cure. 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 17th day November 2015. CARY GLICKSTEIN MAYOR venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-232, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR THE PERIOD OCTOBER 19, 2015 THROUGH OCTOBER 30, 2015 Motion to Accept the actions and decisions made by the Land Development Boards for the period October 19, 2015 through October 30, 2015. Background: This is the method of informing the City Commission of the land use actions taken by designated Boards which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: -The item must be raised by a Commission member. -By motion an action must be taken to place the item on the next meeting of the Commission as an appealed item. The actions of the Site Plan Review and Appearance Board are reported in the attached City Commission Report City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: There is no sensitivity to this matter. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by Legistar'"^ MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: October 30, 2015 SUBJECT: REGULAR MEETING OF NOVEMBER 17, 2015 REPORT OF APPEALABLE LAND USE ITEMS: OCTOBER 19, 2015 THROUGH OCTOBER 30, 2015 BOARD ACTION REPORT: Site Plan Review and Appearance Board (SPRAB) Meeting of October 28, 2015 Board Action: 1. Approved (5 to 0, Andrew Youngross and Brett Porak absent) a request for color and material change for Wheels from the Heart, located on the southeast corner of NE 4"' Street and the FEC Railroad (360 NE 4ffi Street). The proposal involves a material change for the existing storefront awning for an existing building. Associated Actions: There are no waivers or other requests for relief associated with this action. Next Action: The SPRAB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission. Aerial of the site and a photograph of the building are attached. Board Action: 2. Approved (5 to 0, Andrew Youngross and Brett Porak absent) a request for a color change for Arbors, an existing office park located on the east side of South Congress Avenue south of Linton Boulevard (1615 & 1625 South Congress Avenue). The proposed colors will utilize a cream color for the building with an "amazing gray" for the banding. A third color porpoise (gray) will be utilized on the rear of the building. Associated Actions: N/A. Next Action: The SPRAB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission.. Photographs of the building showing the existing and proposed building colors and an aerial of the site are attached. Board Action: 3. Approved with conditions (5 to 0, Andrew Youngross and Brett Porak absent) a request to establish a blanket sign program for 249 Plaza Delray, located on the east side of SE 6d' Avenue, south of SE 2nd Street. On December 17, 2014, the Site Plan Review and Appearance Board approved a Class III site plan modification which included interior and exterior modifications associated with converting the existing 8,726 sq. ft. one-story commercial building to a multi -tenant restaurant/ office building with four tenant bays. The proposed Blanket Sign Program consists of wall signs, a monument sign and under canopy signs. Associated Actions: N/A. Next Action: The SPRAB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission. Renderings showing the proposed signage and an aerial of the site are attached. Board Action: 4. Approved with conditions (3 to 1, James Chard dissenting and Andrew Youngross and Brett Porak absent) a Class III site plan modification for Sober Living Outpatient, located at the northwest corner of SE 5d' Avenue and SE 9d' Street (830 and 836 SE 5d' Avenue) for a change of use. The subject property consists of 0.40 acres (17,299 sq. ft.). The property is zoned GC (General Commercial) and has a Future Land Use Map designation of GC (General Commercial). The site contains two existing office buildings totaling 2,655 square feet. The northern building located at 830 SE 5d' Avenue measures 1,230 square feet. The southern building located at 836 SE 5d' Avenue measures 1,425 square feet. Both buildings were constructed in 1934. The proposal incorporates the following: ■ Conversion of 2,655 total square feet from professional office to medical office; ■ Installation of a bicycle rack; and, ■ Restriping the 16 space parking lot. The applicant operates an existing DCF -licensed outpatient treatment center in the City, and sought approval to change the use of the subject property from professional office to medical office. The anticipated hours of operation will be Monday through Friday, 9am-9pm, and Saturday and Sunday for three hours in the afternoon. The staff consists of three therapists and three administrative staff members. A total of 25 clients are seen, with generally no more than 15 clients receiving services at any given time. No client will be driving or otherwise be transporting themselves to the property, which is a standard operating procedure for outpatient treatment providers. No exterior structural/aesthetic improvements are proposed; therefore existing elevations have not been included with the application. The new use will be interior to the structure. Associated Actions: N/A. FJ Next Action: The SPRAB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission. Copies of the site plan, photographs of the existing buildings and an aerial of the site are attached. Board Action: 5. Approved with conditions (5 to 0, Andrew Youngross and Brett Porak absent) a Class V site plan, landscape plan and architectural elevation plan for the Retail Building, located on the west side of SE 5th Avenue, between SE 6th Street and SE 7th Street. (660 SE 5th Avenue). The subject property is zoned GC (General Commercial) and was previously occupied by U -Haul, Hertz Rental Car and an automotive sales and repair facility. The site consists of 1.273 acres and currently contains an existing 5,310 sq. ft. one-story building built in 1972. The development proposal consists of the following: • Demolition of the existing site and infrastructure. • Construction of a 5,272 sq. ft. retail building containing five tenant bays to the north. • Construction of a 6,332 sq. ft. retail building containing six tenant bays to the south. • Construction of a sixty-one space parking lot with loading, landscaping and dumpster enclosure. Associated Actions: N/A. Next Action: The SPRAB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission. Copies of the site plan and renderings of the architectural elevations and an aerial of the site are attached. Attachments: Location Map Wheels From the Heart, signage and aerial Arbors, photographs and aerial 249 Plaza Delray, signage and aerial Sober Living Outpatient, site plan, photographs and aerial Retail Building, site plan architectural renderings and aerial 3 CITY COMMISSION MEETING A APPEALABLE ITEMS NORTH NOVEMBER 17, 2015 PLANNING & ZONING DEPARTMENT SPRAB: 1. WHEELS FROM THE HEART 4. SOBER LIVING OUTPATIENT 2. ARBORS 5. RETAIL BUILDING - 600 SE 5TH AVENUE 3.249 PLAZA DELRAY Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 11-17-15.mxd WHEELS FROM THE HEART 1615 & 1625 South Congress Avenue qp'1000 � WON- Y*'yi n COL Irr o-?� I—,, Mw ':N �o17 •CwMry SM RM .MUFF} fiYr f/�rf4rw1YM.�r�Mar+`.��.wl�tw�M'4 Yr+n `rM.(wY+x 1MM1Ywv�r#�.i��,w x ea. i'l�xY The AF on Oi ee Puk '�cf—p ^m & 1� wt.w � wr illr�•Mn�l !RIlM•Mnylll 1�M•�� MM�i� 249 PLAZA DELRAY 249 Plaza a�awr.r np w•nr� AS deftm 6r 4 on . r1V rr SW 20 erdOO 4+w Sir Am 425 x 4.6+20 SF rp rurtymrvo. Tea I* be bba TM"MlAw kpo "w ww "kn dow.c TrrAu nr —1 q m mas°+a es •7�'! oplo- on LM Wde Am am pr.w rrua..smofftwm,-ww a+b. r++rr w a .r W V-0 =.4. m OF ✓a , X,% a •Wlv� am a me -mm ., TV" LAO - UTv rix+. r.a 83+0 & 836 SE 5'�' Avenue It SaherLiving Outpatient -830&836SE'SthAvenue 3.1 fr S•gte RETAIL BUILDING • , __ .�� loll Rendering Elevation Plan File #: 15-195, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 BID AWARD: PRINTING SERVICES/BROWN BROTHERS CONSULTING INC. 100 N.W. 1 st Avenue Delray Beach, FL 33444 Motion to Approve award of Bid No. 2016-010 to Brown Brothers Consulting Inc. for printing of City letterhead, envelopes and business cards for a two (2) year term with two (2) additional one (1) year renewal periods in an amount not to exceed $35,000.00 per fiscal year. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method". Funding is available from various sources. Background: Staff recommends award of Bid 2016-010, to the lowest bidder, Brown Brothers Consulting Inc. for printing of City letterhead, envelopes and business cards for a two (2) year term with two (2) additional one (1) year renewal periods in an ammunt not to exceed $35,000.00 per fiscal year. The bid award is in accordance with Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method". On September 13, 2015, the City issued Bid 2016-010 for printing services to produce City Logo letterhead, envelopes, and business cards. On October 7, 2015, the City received four bids from the following companies: Ambassador Printing Brown Brothers Consulting Inc. Office Depot Inc. Printer's Choice Inc. Brown Brothers Consulting Inc. provided the lowest per unit pricing for all bid items. In addition, the per unit pricing is less than the current cost. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from multiple printing and binding cost accounts. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by Legistar'"^ PRINTING SERVICES CITY OF DELRAY BEACH BID No. 2016-010 BROWN BROTHERS CONSULTING, INC. OFFICE DEPOT, INC. Type Business Cards Unit 250/Box 500/Box 1000/Box Cost $ $ $ 17.50 20.00 25.00 Letterhead 500/Ream $ 32.50 Envelopes #10 Regular 500/Box $ 25.00 Envelopes #10 Window 500/Box $ 26.75 OPENING DATE: 10/07/2015 POSTED: 10/07/2015 OFFICE DEPOT, INC. Type Business Cards Unit 250/Box 500/Box 1000/Box Cost $ $ $ 18.00 20.50 35.88 Letterhead 500/Ream $ 60.84 Envelopes #10 Regular 500/Box $ 55.64 Envelopes #10 Window 500/Box $ 59.47 OPENING DATE: 10/07/2015 POSTED: 10/07/2015 PRINTING SERVICES CITY OF DELRAY BEACH BID No. 2016-010 OPENING DATE: 10/07/2015 POSTED: 10/07/2015 PRINTER'S CHOICE, INC. Type Business Cards Unit Cost 250/Box $ 500/Box $ 1000/Box $ 28.50 46.90 74.00 Letterhead 500/Ream $ 66.52 Envelopes #10 Regular 500/Box $ 34.40 Envelopes #10 Window 500/Box $ 36.77 OPENING DATE: 10/07/2015 POSTED: 10/07/2015 AMBASSADOR PRINTING Type Business Cards Unit 250/Box 500/Box 1000/Box Cost $ $ $ 48.00 55.00 68.00 Letterhead 500/Ream $ 172.00 Envelopes #10 Regular 500/Box $ 110.00 Envelopes #10 Window 500/Box $ 115.00 OPENING DATE: 10/07/2015 POSTED: 10/07/2015 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-196, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 AWARD/AUTO BODY REPAIR/MULTIPLE VENDORS Motion to Approve award of RFQ No. 2015-78 for one two (2) year term to Body Shop by Mike & Joe, Inc., Classic Auto Collusion Corp., Delray Buick GMC, Morse Operations, Inc., and LLPH Enterprise, Inc. for an amount not to exceed $30,000 for each vendor to perform auto body repairs as a result of any collisions. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Request for Qualifications." Funding is available from 501-3311-591-52.52 (Garage Fund: Operating Supplies/City Garage/Outside Service). Background: The City issued RFQ 2015-78 on August 20, 2015 and received responses from seven auto body repair shops. The City was seeking qualified vendors to perform auto body repairs as a result of any collisions. For each accident the City receives an estimate of the cost to repair the damage from an independent insurance adjuster. Each of the recommended firms have the equipment necessary and staffing to perform repairs for the City. Each firm also has agreed to perform all repairs at the cost estimated by the independent insurance adjuster. The award is in accordance with Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Request for Qualifications." The City will be rotating the auto body work among the five recommended auto body repair shops. Staff is recommending award to the following five vendors: Body Shop by Mike & Joe, Inc. Classic Auto Collusion Corp. Delray Buick GMC Morse Operations, Inc. LLPH Enterprise Inc. The term of the agreement is for one two (2) year term with an annual cost not to exceed $30,000 for each vendor. The services are only utilized "as needed". The Fleet Maintenance Superintendent visited the remaining two vendors, Jadi Auto Recon, LLC and Quality Car Repairs LLC, and determined they lacked the personnel and equipment required. City Attorney Review: City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-196, Version: 1 Approved as to form and legal sufficiency. Finance Department Review: The Finance Departments recommends approval. Funding Source: Funding is available from 501-3311-591-52.52 (Central Garage Outside Services). City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" CITY OF DELRAY BEACH 100 NW Is'AVENUE, DELRAY BEACH, FL 33444 RFQ No. 2015-78 AUTO BODY REPAIR AND PAINTING MAYOR — CARY D. GLICKSTEIN VICE MAYOR — SHELLY PETROLIA DEPUTY VICE MAYOR — AL JACQUET COMMISSIONER — JORDANA JARJURA COMMISSIONER - MITCH KATZ CITY MANAGER - DONALD B. COOPER Purchasing Department ♦ (561) 243-7161/7163 ♦ Fax (561) 243-7166 Advertisement CITY OF DELRAY BEACH, FLORIDA REQUEST FOR QUALIFICATIONS RFQ 2015-78 Auto Body Repair and Painting The City of Delray Beach, Florida ("City") is soliciting proposals from qualified companies that will provide Auto Body Repair and Painting. Qualified companies shall meet the terms and conditions of this solicitation to be pre -qualified for their ability to perform contracts in accordance with this solicitation. All vendors interested in pre -qualifying shall have an established business with sufficient personnel and expertise to meet the requirements of this solicitation. Sealed proposals will be accepted by the City's Purchasing Division in Room 206, City Hall, 100 N.W. 15t Avenue, Delray Beach, FL., 33444 until September 10, 2015 at 2:00 p.m., at which time the names of the Proposers will be read aloud in the first floor conference room. Proposals received by the City after this deadline will not be considered. Each proposal must be submitted in a sealed envelope. The envelope shall contain: one (1) unbound proposal, labelled as the original; two (2) copies of the proposal, labelled as copies; and one (1) computer disk ("CD") that contains a complete copy of the proposal. Questions regarding this RFQ must be delivered in writing via e-mail to vath mydelraybeach.com. Questions received after September 1, 2015 at 5:00 p.m. will not be addressed by the City. Copies of the RFQ may be downloaded from www.DemandStar.com or copies of the RFQ also may be requested via e-mail (purchasing@mydelraybeach.com). The City reserves its exclusive right to: reject any and all proposals; waive minor irregularities with regard to any proposal; determine whether a Proposer is responsible, responsive, and qualified; and determine whether to award its work to one or more Proposers. 2 TABLE OF CONTENTS Contents 1.1 INTRODUCTION............................................................................................................................................5 1.2 INQUIRIES AND OBJECTIONS CONCERNING THIS RFQ...................................................................................5 1.3 NO ORAL INTERPRETATIONS OF RFQ............................................................................................................5 1.4 REVIEWING THE RFQ AND ADDENDA...........................................................................................................5 1.5 REQUIREMENTS FOR SUBMITTAL OF PROPOSALS.........................................................................................6 1.6 DEADLINE FOR DELIVERY OF PROPOSALS.....................................................................................................6 1.7 SCHEDULE AND DEADLINES FOR RFQ............................................................................................................6 1.8 TERM............................................................................................................................................................6 1.9 BILLING INSTRUCTIONS - AWARDED FIRM....................................................................................................6 1.10 AWARD OF CONTRACT BY CITY COMMISSION.........................................................................................7 1.11 THE CITY'S ACCEPTANCE OR REJECTION OF PROPOSALS..........................................................................7 1.12 LIMITATIONS ON PROPOSER'S RIGHTS.....................................................................................................8 1.13 MISTAKES.................................................................................................................................................8 1.14 LIMITED OR CONDITIONAL PROPOSALS...................................................................................................8 1.15 CONFLICTS OF INTEREST...........................................................................................................................8 1.16 LEGAL REQUIREMENTS.............................................................................................................................9 1.17 PUBLIC ENTITY CRIMES.............................................................................................................................9 1.18 ANTI-DISCRIMINATION............................................................................................................................9 1.19 LITIGATION CONCERNING THE RFQ AND AGREEMENT.............................................................................9 1.20 ADVERTISING...........................................................................................................................................9 1.21 PUBLIC RECORDS......................................................................................................................................9 1.22 DRUG-FREE WORKPLACE........................................................................................................................10 1.23 FUNDING IS CONTINGENT......................................................................................................................10 1.24 INSURANCE............................................................................................................................................10 1.25 TAXES.....................................................................................................................................................10 3 1.26 PROTEST: PROTEST OF AWARD / PROTEST BOND..................................................................................10 1.27 LOBBYING.............................................................................................................................................. 11 1.28 LIMITATIONS ON COMMUNICATIONS - CONE OF SILENCE.....................................................................11 1.29 OFFICE OF THE INSPECTOR GENERAL..................................................................................................... 12 1.30 PROHIBITION ON PERSONS WITH OUTSTANDING OBLIGATIONS TO MUNICIPALITIES (CLEAN HANDS POLICY) 13 1.31 PROHIBITION ON SCRUTINIZED COMPANIES..........................................................................................13 1.32 COST OF PROPOSAL PREPARATION........................................................................................................13 1.33 SUBCONTRACTORS AND TEMPORARY LABOR........................................................................................13 1.34 NO ASSIGNMENT OR TRANSFER OF PROPOSALS....................................................................................13 SECTION 2: SCOPE OF WORK...................................................................................................15 2.1 AUTHORIZATION TO BIND PROPOSER........................................................................................................15 2.2 PROPOSAL FORMAT...................................................................................................................................15 2.3 PROPOSAL DESCRIPTION............................................................................................................................16 SECTION 3: FORMS FOR PROPOSALS...................................................................................20 Proposal Submittal Signature Page......................................................................................................................21 PublicEntity Crimes............................................................................................................................................. 22 Drug -Free Workplace...........................................................................................................................................23 Conflict of Interest Disclosure Form..................................................................................................................... 24 Acknowledgementof Addenda............................................................................................................................ 25 0 SECTION 1: TERMS AND CONDITIONS 1.1 INTRODUCTION The purpose of this Request for Qualifications (RFQ) is to establish a listing of pre -qualified Vendors to provide various auto body repairs and/or painting services for City owned automobiles, trucks, & equipment damaged due to an accident. All vendors interested in pre -qualifying shall have an established business with sufficient personnel and expertise to meet the requirements of this solicitation. Section 1 of this RFQ describes the general terms and conditions that will apply to this RFQ. Section 2 of this RFQ describes the scope of services for any proposer wishing to submit a proposal in response to this RFQ. Section 3 of this RFQ provides forms and instructions for preparing a proposal in response to this RFQ. 1.2 INQUIRIES AND OBJECTIONS CONCERNING THIS RFQ All Proposers shall carefully examine this RFQ, including the forms. If a Proposer discovers any ambiguities or inconsistencies in any aspect of this RFP, the Proposer shall immediately notify the City's Chief Purchasing Officer. No later than September 1, 2015 at 5:00 p.m. each Proposer shall deliver to the City all of the Proposer's (a) questions concerning the intent, meaning and interpretation of this RFQ and (b) objections to the terms of this RFQ. Each Proposer shall be deemed to have waived all questions and objections that are not submitted to the City in compliance with this Section 1.2. A Proposer's questions and objections may be delivered to the City by mail, e-mail, or fax, but all such submittals shall be in writing and addressed to: Holly Vath City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 Facsimile: (561) 243-7166 E-mail: vath(a)mydelraybeach.com 1.3 NO ORAL INTERPRETATIONS OF RFQ No Person is authorized to give oral interpretations of, or make oral changes to, this RFQ. Therefore, oral statements about the RFQ by the City's representatives will not be binding on the City and should not be relied upon by a Proposer. Any interpretation of, or change to, this RFQ will be made in the form of a written addendum to the RFQ. A Proposer can only rely upon those interpretations of, or changes to, this RFQ that are issued by the City in an addendum. By submitting a proposal, a Proposer certifies that its proposal is made without reliance on any oral representation by the City, its agents, or employees. 1.4 REVIEWING THE RFQ AND ADDENDA Each Proposer should closely examine all of the documents and requirements in this RFQ. It is the sole responsibility of the Proposer to ensure that he or she has received all of the pages of the RFQ. In accordance with the provisions of the American with Disabilities Act, this RFQ may be requested in an alternate format. If revisions to this RFQ become necessary, the City will issue written addenda. All addenda must be acknowledged by each Proposer. A proposal may be rejected as non- responsive if the Proposer fails to submit an "Acknowledgement of Addendum" form with 5 its proposal (see Form 5 in Section 3 of the RFQ). Addenda may be downloaded from the City's website at www.mydelraybeach.com. The City provides this website as a courtesy only and assumes no responsibility for errors or omissions that may affect a proposal submitted in response to this RFQ. Each Proposer should contact the City no more than five (5) calendar days prior to the deadline for submitting proposals to determine whether any addenda have been issued. No addendum will be issued less than five (5) calendar days before the date for submitting proposals, except an addendum withdrawing the RFQ or postponing the deadline for the submittal of proposals. 1.5 REQUIREMENTS FOR SUBMITTAL OF PROPOSALS The specific requirements for preparing a proposal are set forth in Section 2 of this RFQ. By submitting a proposal, the Proposer agrees to be subject to all of the terms and conditions specified herein. 1.6 DEADLINE FOR DELIVERY OF PROPOSALS Proposals must be delivered to the City's Purchasing Division in Room 202, City Hall, 100 N.W. 1st Ave., Delray Beach, Florida 33444-2698, before the deadline specified in Section 1.7 of this RFQ. It is the Proposer's sole responsibility to ensure that its proposal is complete and delivered at the proper place before the deadline. Proposals that are not delivered before the deadline will not be considered by the City. Such proposals will be returned unopened. Proposals submitted by facsimile, telephone, or electronic means will not be accepted. A proposal may not be altered by the Proposer after the deadline for submitting proposals. 1.7 SCHEDULE AND DEADLINES FOR RFQ A summary schedule of the major activities associated with this RFQ is presented in Table 1, below. The City, at its sole discretion, may modify the schedule as the City deems appropriate. The City will provide notification of any changes to the schedule by issuing written addenda. Table 1 ACTIVITY DATE Issue RFQ August 20, 2015 Deadline for Delivery of Written Questions and Objections September 1, 2015 Deadline for Delivery of Proposals September 10, 2015 2:00 p.m. City Commission approval and award October 2015 1.8 TERM Proposers will be qualified for one two (2) year term. Vendors may apply for requalification after the initial term. The terms and conditions of this solicitation shall remain in full force and effect during the term specified and shall apply to all orders placed for specified goods and/or services. Re -qualifying and/or termination shall be at the sole discretion of the City. 1.9 BILLING INSTRUCTIONS - AWARDED FIRM Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. N. 1.10 AWARD OF CONTRACT BY CITY COMMISSION 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 contract 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. 1.11 THE CITY'S ACCEPTANCE OR REJECTION OF PROPOSALS The City reserves its exclusive right to: ■ reject any and all proposals that fail to satisfy the requirements and specifications in this RFQ; ■ accept the proposal which, in the judgment of the City Commission, is the best overall proposal; ■ reject any and all non-responsive proposals; ■ waive minor irregularities in any proposal; ■ issue addenda or otherwise revise the requirements in this RFQ; ■ reject all proposals, with or without cause; ■ issue requests for new proposals; ■ and cancel this RFQ. The City shall decide, in its sole discretion, whether to reject a proposal as non-responsive. Among other things, a Proposal may be found to be non-responsive if the Proposer: failed to provide the information requested in the RFQ; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The City may reject a proposal for any reason that the City deems sufficient. For example, the City may reject one or more proposals if: the Proposer misstates or conceals any material fact in their proposal; the proposal does not conform to the requirements of Applicable Law; the proposal is subject to conditions or qualifications; a change occurs that makes this RFQ unnecessary for the City; any Person submits more than one proposal under the same or different names; a Proposer fails to perform satisfactorily or meet its financial obligations on previous contracts; the Proposer employs unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; or the Proposer is listed on the U.S. Comptroller General's List of Ineligible Companies for Federally Financed or Assisted Projects. Any or all proposals may be rejected if the City concludes that collusion existed among two or more of the Proposers. Proposals received from the participants in such collusion will not be considered for the same work if this RFQ is re -advertised. More than one proposal from an individual, firm, partnership, corporation, or association 7 under the same or different names will not be considered. If a Proposer is involved in more than one proposal for the same work, the City may reject all proposals in which such Proposer is believed to be involved. The City may reject proposals if two (2) or more Proposers are planning a merger, or are in the process of merging with or acquiring other Proposers, and the City concludes that the Proposers are not submitting bona fide or uncompromised proposals. In such cases, the City may reject all proposals in which such Proposers are involved. Any and all compromised proposals will be rejected if there is reason to believe that collusion exists between Proposers. 1.12 LIMITATIONS ON PROPOSER'S RIGHTS By submitting a proposal, each Proposer acknowledges and agrees that the submittal of a proposal constitutes a binding offer by the Proposer and the offer shall not be withdrawn for at least ninety (90) days after the proposal is delivered to the City. Further, by submitting a proposal, each Proposer acknowledges and agrees that: (a) no enforceable contract will arise between the City and the Proposer unless the City signs the Agreement with the Proposer; (b) no action will lie against the City to compel the City to execute the Agreement or any other contract at any time; (c) the City is not obligated to award its Agreement to the Proposer that offers the lowest prices to the City; (d) the City shall be the sole judge of the procedure used to select the best proposal, and the determination of which proposal is most advantageous to or in the best interests of the City; and (e) each Proposer waives any and all claims it may have to damages, lost profits, costs, expenses, attorneys' fees, or other injuries if the City decides it will not sign the Agreement with the Proposer. 1.13 MISTAKES Proposers are expected to carefully examine the specifications in this RFQ. FAILURE TO DO SO WILL BE AT PROPOSER'S RISK. In the event of arithmetic error(s), the unit price will prevail and the Proposer's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. Proposals having erasures or corrections must be initialed in blue ink by the Proposer. Failure to do so may result in the rejection of the proposal. 1.14 LIMITED OR CONDITIONAL PROPOSALS The City will not accept additional terms or conditions that a Proposer includes with its proposal. A Proposer shall not attempt to limit, restrict, or qualify its proposal. A Proposer's adjustments, changes to, or deviations from the RFQ will not be accepted by the City. Any and all such terms, conditions, limitations, and qualifications shall have no force and effect. 1.15 CONFLICTS OF INTEREST Each Proposer must disclose the name of any officer, director, agent, or employee of the Proposer, or any relative of an officer, director, agent, or employee of the Proposer, that is also an employee of the City. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its subsidiaries or affiliates. No Proposer may own or have a financial interest in more than ten percent (10%) of any other Proposer, regardless of whether such ownership is direct or through a parent, subsidiary or holding company or any other business entity. 1.1 1.16 LEGAL REQUIREMENTS Each Proposer must comply with all federal, state, and local laws, ordinances, rules and regulations that are applicable to this RFQ and the work to be performed under the Agreement. The Proposer's lack of knowledge about the Applicable Law shall not be grounds for relief from such laws, or constitute a defense against the enforcement of such laws. By submitting a proposal in response to this RFQ, the Proposer represents that the Proposer is familiar with all federal, state, and local laws, ordinances, rules and regulations that are applicable to the services required under this RFQ. If a Proposer discovers any provision in this RFQ that is contrary to or inconsistent with any Applicable Law, the Proposer shall promptly report it to the City's Chief Purchasing Officer. 1.17 PUBLIC ENTITY CRIMES Pursuant to F.S. 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal 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. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. See Form 2. 18 ANTI -DISCRIMINATION The City is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination. The Successful Proposer will be prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, or gender identity or expression. 1.19 LITIGATION CONCERNING THE RFQ AND AGREEMENT By submitting a proposal, the Proposer agrees that: (a) any and all legal actions necessary to interpret or enforce this RFQ shall be governed by the laws of the State of Florida; and (b) the exclusive venue for any litigation concerning this RFQ shall be the state and federal courts in and for Palm Beach County, Florida. 1.20 ADVERTISING By submitting a proposal, each Proposer agrees not to use the results of said submittal as a part of any advertising or Proposer sponsored publicity without the express prior written approval of the City. 1.21 PUBLIC RECORDS Any material submitted in response to this RFQ will become a public record and shall be subject to public disclosure consistent with the Public Records Law (Chapter 119, Florida Statutes), except as may be provided by the Public Records Law or other applicable state or federal law. If a Proposer contends that part of its proposal is not subject to disclosure, the Proposer shall identify specifically any information contained in the proposal that the Proposer considers confidential or otherwise exempt from disclosure under the Public Records Law, and the Proposer shall cite the specific section of the law creating the M exemption for such information. The City reserves its right to make all determinations concerning the applicability of the Public Records Law to any documents submitted in response to this RFQ. The City shall have no liability to a Proposer for the public disclosure of any material submitted to the City in response to this RFQ. 1.22 DRUG-FREE WORKPLACE Each Proposer must certify that it has a Drug -Free Workplace ("DFW") program. Each vendor must complete and submit the attached DFW form (Form 3) with its proposal. 1.23 FUNDING IS CONTINGENT The obligations of the City under this RFQ are subject to the availability of funds lawfully appropriated for such purposes. 1.24 INSURANCE The selected Proposer shall not commence any performance pursuant to the terms of this RFQ until proof of insurance has been received and approved by the City's Risk Management Office. The required insurance coverage is to be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of A- or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance, which provides that the City of Delray Beach shall be notified at least thirty (30) days in advance of cancellation, non -renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Proposer's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Delray Beach. The selected Proposer must submit a current Certificate of Insurance, naming the City of Delray Beach as an additional insured and list as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The selected Proposer shall provide insurance coverage as follows: • Worker's Compensation - The selected Proposer shall carry Worker's Compensation Insurance to apply for all employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal laws. • Comprehensive General Liability - The selected Proposer shall carry Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00). To include Products/Completion Liability of One Million Dollars ($1,000,000) or the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). 1.25 TAXES The City is exempt from federal excise and state sales taxes. Vendors and contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials used to fulfill contractual obligations with the City. Vendors/Contractors shall not be authorized to use the City's tax exemption number when securing such materials. 1.26 PROTEST: PROTEST OF AWARD / 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. 10 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 1.27 LOBBYING All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2-351 of the Palm Beach County Code of Ordinances) applies to the City and this RFQ. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFQ process. 1.28 LIMITATIONS ON COMMUNICATIONS - CONE OF SILENCE Proposers are advised that a Cone of Silence will be in effect during this RFQ. The Cone of Silence prohibits any communications, except written correspondence, regarding this RFQ, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this RFQ, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[ajny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: ,,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 11 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, 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. 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." 1.29 OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter -local Agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the 12 City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 1.30 PROHIBITION ON PERSONS WITH OUTSTANDING OBLIGATIONS TO MUNICIPALITIES (CLEAN HANDS POLICY) No proposal shall be accepted from, nor will any contract be awarded to, any Person that is in arrears to the City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to the City, or who is deemed irresponsible or unreliable by the City. The City will be the sole judge of said determination. 1.31 PROHIBITION ON SCRUTINIZED COMPANIES As provided in Section 287.135, Florida Statutes, by entering into any agreement with the City, or performing any work in furtherance hereof, the Successful Proposer/Contractor certifies that Contractor and Contractor's affiliates, suppliers, subcontractors and consultants that will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes. If the City determines, using credible information available to the public, that a false certification has been submitted by the Successful Proposer/Contractor, the City's Agreement may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Agreement shall be imposed, pursuant to Section 287.135, Florida Statutes. 1.32 COST OF PROPOSAL PREPARATION The Proposer assumes all risks and expenses associated with the preparation and submittal of a proposal in response to this RFQ. The City shall not be liable for any expenses incurred by the Proposer when responding to this RFQ, including but not limited to the cost of making presentations to the City. 1.33 SUBCONTRACTORS AND TEMPORARY LABOR If a Proposer has entered into a contract with a Subcontractor or intends to enter into a contract with a subcontractor to provide part or all of the services requested in this RFQ, the Proposer must identify the subcontractor in its proposal, and identify the services that will be provided by the subcontractor. The Contractor shall be responsible for ensuring the subcontractor's compliance with the requirements in the Agreement. 1.34 NO ASSIGNMENT OR TRANSFER OF PROPOSALS Proposals shall not be assigned or transferred without the express written consent of the City. This prohibition includes and applies to assignments and transfers resulting from a sale or merger of a Proposer, or any other similar transaction that causes a material change in the ownership, management, or control of a Proposer. The Proposer shall immediately notify the City if the Proposer or a third -party releases any public information (e.g., a press release; a filing with a state or federal agency) concerning a proposed sale 13 or merger of the Proposer, or any similar transaction that may materially change the ownership, management, or control of the Proposer. Failure to comply with the requirements in this Section may result in the Proposer being disqualified from the City's RFQ process. In all cases, the City shall have the exclusive authority to determine whether the City should reject the Proposer's proposal in light of the proposed sale, merger, acquisition, or other transaction. If the City discovers that a Proposer will be purchased by or merged with another business entity prior to the execution of the Agreement, the City shall have the sole right to determine whether the City will execute the Agreement with the new entity. 14 SECTION 2: SCOPE OF WORK 2.1 AUTHORIZATION TO BIND PROPOSER Each proposal must be signed by a Person who is legally authorized to bind the Proposer to the proposal. Each proposal shall remain valid for at least ninety (90) days after it is submitted to the City. Proposals by corporations must be executed in the corporate name by the President or Vice -President (or other corporate officer if accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested to by the company's Secretary or an Assistant Secretary. The corporate address and state of incorporation shall be shown below the signature. Proposals by partnerships must be executed in the partnership name and signed by a partner. His or her title must appear under his or her signature and the official address of the partnership must be shown below the signature. 2.2 PROPOSAL FORMAT Each proposal shall be typewritten on 8'/2' x 11" white paper. The pages of the copies shall be secured by staple, binding, three-ring binder, or similar closure. Proposals shall be organized in chapters, as indicated in Table 2. Chapters shall be separated by tabs indicating the chapter numbers. All pages are to be consecutively numbered. If a form is provided and there is insufficient space for a response on the form, the response may be continued on a blank page immediately following the form. The additional pages shall be numbered the same as the form, with the addition of the letter "a", "b", "c", etc. If a form is provided and additional copies of the form are needed, the form may be copied by the Proposer. The copied pages shall be numbered the same as the form, with the addition of the letter "a", "b", "c", etc. Responses to this RFQ must be complete and unequivocal. In instances where a response is not required or a question is not applicable to the proposal, a response such as "no response required" or "not applicable" shall be provided. Table 2 - Proposal Format Chapter 1 Letter of Intent and Form 1 Chapter 2 Proposer's Statement of Organization Chapter 3 Qualifications Chapter 4 References Chapter 5 Form 2, Form 3 and Form 4 Chapter 6 Form 5 Acknowledgement of Addenda 15 2.3 PROPOSAL DESCRIPTION A. QUALIFICATION OF VENDORS Only responsive and responsible vendors qualified to provide the goods and/or service specified herein shall be considered for inclusion to the pre -qualified list. The vendors may be asked to provide sufficient evidence to confirm a satisfactory performance record. Such information may include the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The vendors should submit the following information with their Request for Pre -Qualification response; however, if not included, it shall be the responsibility of the vendor to submit all evidence, as solicited, within a time frame specified by the City. Failure of vendors to provide the required information within the specified time frame is considered sufficient cause for rejection of their Request for Pre -Qualification. List a minimum of three (3) references in which similar goods and/or services have been provided within the past three (3) years including scope of work, contact names, telephone numbers, email addresses and dates of service. Provide written evidence that the contractor has a minimum of three (3) year's experience in similar work. Provide copies of all certificates (ASE, I -CAR or other recognized training facilities) showing adequate training has been attained by all personnel used in the performance of this contract. B. DETERMINATION/AWARD All responsive, responsible contractors who meet the minimum qualifications will be authorized to perform work for the City in accordance with the Term and Conditions and if awarded, provide the required goods and services. C. TIME FOR COMPLETION / DELIVERY Vendors acknowledge and agree that the time of completion/delivery is an essential condition of this contract. By submitting a response, Vendors, if awarded work, agrees to begin work at the specified time frames as stated in this solicitation, and to prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials so as to ensure its completion within the agreed time frame. D. SCOPE OF WORK All pre -qualified vendors will be required to do the work at the amount determined by the Independent Insurance Adjuster. Vendors will be invited to attend site inspections to assess services requested on an "as needed" basis. Vendor(s) must attend each site inspection, they wish to participate in, in order to be deemed "responsive" for that particular service request. Work shall include, but not be limited to the following repairs and repair practices: 16 • Mask, protect, or remove and re -install all chrome, glass, lighting equipment (light bars, strobes), winches, etc. and any other vehicle component(s) or accessories that could be damaged while making repairs. • Protect mechanical, hydraulic, or any attached lifting, hoisting, or other devices that could be damaged while making repairs. • Make all necessary adjustments, align doors, hood decks, trucks, fenders, or other body components such as hinges, latches, etc., that are not damaged, but would require such labor to produce a finished job. • Align front and / or rear ends (casters, camber, and toe -in, etc.) when collision damage has affected them. • Painting and finishing quality shall be within OEM standards for paints and Primers, and clear coats. • Reapply rust -proofing and under -coating in any repaired areas which originally had this type of protection. • Recover seat(s), arm rest(s), head -liner, etc., if so requested by the authorized Fleet Management representative originating the work. • Where applicable, reset, repair, and / or restore any active or passive restraint systems such as seat and shoulder harnesses, and / or air bag systems to fully functional O.E.M. new equipment factory standards. • Where applicable, make necessary corrections vehicle frames including repairs, alignment, and straightening E. CITY'S RESPONSIBILITIES The City shall provide a copy of the Independent Insurance Adjuster's estimate prior to the site inspection. If one or more pre -qualified vendors are "responsive" to a service request. The City shall rotate the service requests amongst the pre -qualified vendors. The City shall schedule service(s) so as to maintain efficiency and accessibility of items for City use. The City shall inspect the serviced item upon completion of work, unless prior arrangements are made, with the vendor, to ensure that the work is acceptable. F. SELECTED VENDOR RESPONSIBILITIES The selected vendor shall: • Furnish, at their expense, all supervision, labor, equipment, material, tools, machinery, transportation and other facilities and services necessary to fully complete the service(s) requested. • Coordinate all activities with the designated City representative. • Complete all work to the satisfaction of the designated City representative. • Provide competent and physically capable employees. • Be responsible for pickup and delivery of vehicles and equipment. 17 G. TECHNICAL REQUIREMENTS Repair Standards: • The quality of finished work must equal all of the standards of the collision repair industry as to preparation of metals for repair, primer and paint standards, and finished quality of the repairs. The vendor will be required to consistently produce this quality of work using modern facilities, methods, paints, and repair techniques performed by individuals knowledgeable and skilled in collision repairs so the repair(s) conform to the original body alignment and contours as well as matching existing paint textures and colors. • Where collision damage has caused structural damage or frame/chassis misalignment of any nature, the vendor will be required to align the frame using equipment currently used in the industry with trained personnel to factory new standard frame/chassis alignment. • Vendors will be required to have on their premises the proper welding equipment (GAS/ARC), spray booth(s), one each frame machine(s) if doing frame work. • Sandblasting ability may be required for certain repairs. • Painting and finishing shall carry a 12 month warranty. H. AUTHORIZATION TO BEGIN WORK A vendor will be authorized to do the work through the receipt of a purchase order. The Vendor shall be required to pick up the item to be serviced from the requesting department's facility and begin work within one (1) business day after receipt of a purchase order. Items not picked up within the stated time -frame will be deemed forfeited and the purchase order cancelled and issued to the next pre -qualified vendor. I. PICKUP AND RETURN OF VEHICLES/EQUIPMENT REQUIRING BODY REPAIR AND/OR PAINTING SERVICES a) The vendor is responsible for the safe transport of the vehicle to be repaired from the City Fleet Maintenance facility to their repair facility and delivered back to the City Fleet Maintenance facility. b) Vehicles must be returned between the hours of 6:30AM thru 3:OOP.M., Monday thru Friday. c) The authorized Fleet Management representative may waive the pickup and delivery requirements for on a case-by-case basis, when it is deemed to be in the best interest of the City. d) Vehicles shall be returned with clean interior and exterior. J. ADDITIONAL COST FROM HIDDEN DAMAGE a) The successful bidder, after being awarded work, shall immediately notify the designated City representative after receipt of vehicle to be repaired of any additional labor, parts, or delivery delay that may be required to repair due to previously hidden damage. b) The contractor / vendor shall not perform or bill for any additional work until they have received a change order to the purchase order. c) Should the designated City representative not agree with the vendor's estimate of additional charges and/or delivery delay due to hidden damage, the City may at its sole discretion have the vehicle removed from the vendor's place of business. d) The City's only liability shall be for work already approved and performed. e) Approved additional costs shall be itemized on an invoice, separate from the original quotation, and plainly identified as Hidden Damages. 18 K. SPECIALIZED VEHICLES AND EQUIPMENT The City reserves the right to have collision damaged vehicles repaired by other than pre- qualified vendors when it believes its best interests will be served in that manner. L. PAYMENT Payment shall be made based on the Independent Insurance Adjuster quote provided to the Vendor prior to the start of the project or the supplement issued by the Independent Insurance Adjuster once approved by the authorized Fleet Management representative. 19 SECTION 3: FORMS FOR PROPOSALS Each Proposer must complete and submit the forms included in this Section 3 of the RFQ. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1. Proposer's Submittal Form 2. Public Entity Crimes Form 3. Drug -Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda 20 FORM 1 Proposal Submittal Signature Page By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address) Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Signature Name and Title(Print or Type) Date By signing this document, the Proposer agrees to all terms and conditions of this Solicitation and the resulting contract/agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Newspaper Ad ❑ City Hall ❑ Email ❑ Other, please specify: 21 FORM 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub -Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date 22 FORM 3 Drug -Free Workplace 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. Firm Name Signature Name and Title(Print or Type) Date 23 FORM 4 Conflict of Interest Disclosure Form The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the Proposer's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this proposal. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date 24 FORM 5 Acknowledgement of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFQ. The Proposer acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF TITLE OFSIGNATURE OF NUMBER RECEIVED PROPOSER'S PROPOSER'S PROPOSER'S AGENT AGENT AGENT 25 AUTO BODY REPAIR AND PAINTING CITY OF DELRAY BEACH RFQ NO. 2015-78 1 Body Shop by Mike & Joe, Inc. 782 S.W. 17TH AVENUE, DELRAY BEACH, FL 561.278.2277 cruisersmotor@bellsouth.net 2 Classic Auto Collision Corp 445 N. E. 6TH AVENUE DELRAY BEACH, FL 561.265.2529 classicautocorp@aol.com 3 Delray Buick GMC 2400 S. FEDERAL HIGHWAY DELRAY BEACH, FL 561.526.4239 dmagic@delraybuickgmc.com 4 Jadi Auto Recon, LLC 402 S.E. 5TH AVENUE DELRAY BEACH, FL 561.265.2439 jaditech@yahoo.com 5 Morse Operations, Inc. dba Ed Morse Collision Center 2300 SOUTH FEDERAL HWY DELRAY BEACH, FL 561.276.2441 myrnaagrater@edmorse.com 6 LLPJ Enterprise, Inc. dba Master Auto Body 653 N.E. 5TH AVENUE DELRAY BEACH, FL 561.819.5732 delraymasterautobody@gmail.com 7 Quality Car Repair, LLC 1399 S. W. 30TH AVENUE SUITE #1 BOYNTON BEACH, FL 561.208.6460 qualitycarrepair@att.net File #: 15-158, Version: 1 City of Delray Beach Legislation Text 100 N.W. 1 st Avenue Delray Beach, FL 33444 TEMPORARY USE PERMIT AND WAIVER REQUEST FOR A STORAGE CONTAINER (QUASI-JUDICIAL HEARING) Consideration of approval of a Temporary Use Permit and Waiver Request for a temporary storage container for Big Lots, located at 4801 Linton Boulevard, Suite A-15. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM MEMORANDUM TO: Mayor and Commissioners FROM: Timothy Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: October 23, 2015 RE: City Commission Background Summary — November 17, 2015: Request for a Temporary Use Permit and Waiver for Big Lots located at 4801 Linton Boulevard. Background: The property is located within the Delray Town Center development located at the northeast corner of Linton Boulevard and Military Trail. The Delray Town Center is zoned PC (Planned Commercial) and is located within the Four Corners Overlay District. The applicant is Big Lots which is located in a tenant bay facing south towards Linton Boulevard to the east of Aldi. Big Lots has been cited by Code Enforcement for the placement of a storage container at the rear of their tenant space. Pursuant to LDR Section 4.6.6(B), Allowable Outside Usage, outside storage is permitted "where specifically permitted within a zoning district." The PC zoning district, however, does not permit outside storage, thereby requiring the tenant to remove the storage container, or apply for an addition to the building to provide more square footage. As a result, the applicant has submitted a request for a Temporary Use Permit. Pursuant to LDR Section 2.4.6(F), Temporary Use Permit, a temporary use shall be required for any of the uses listed, but the list does not include a storage container. Additionally, a waiver request has been submitted to allow the temporary use of a storage container (10'x36') to be considered as one of the temporary use categories, as it is not listed in LDR Section 2.4.6(F). Although a permanent storage container is desired, the temporary storage has been requested to assist the retail establishment with "seasonal merchandise through our holiday season." It should be noted that there have been concerns with respect to emergency access to the rear of the subject building due to the high volume of patrons visiting Jourdan's Bridge Club. However, the Fire Department has noted that as long as no patrons park alongside the container, then there should not be any additional issues. City Commission Discussion: Approve the Temporary Use Permit and waiver to LDR Section 2.4.6(F) to allow the temporary storage container as the approved temporary use. Waiver Analysis: Pursuant to LDR Section 2.4.7(13)(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; (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. In reviewing the criteria, this waiver to allow this type of use (storage container) to be considered as one of the temporary use categories for this current application) will not adversely affect the neighboring area as it is located to the rear of the shopping plaza where such types of containers would typically be located. The provision of public facilities or the creation of public facilities would not be diminished as long as the travel lane remains clear, which would be caused from patrons illegally parking in the travel lane. However, the request could result in the granting of a special privilege as other businesses could request temporary storage containers to assist them with additional inventory during the holiday season or other busier times of the year. The appropriate solution would be to construct an addition to the building for the purpose of providing larger storage space. Given the determination of a special privilege, positive findings cannot be made with respect to LDR Section 2.4.7(B)(5). Staff Recommendation: The Planning & Zoning Department recommends denial of the Temporary Use Permit, and waiver to LDR Section 2.4.6(F) to allow the use of temporary storage container, based on a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). ATTACHMENTS: Location Map Request Letter Photos LOT5,. September 17, 2015 Property Administration Department 10068 300 Ph'110 Koud Columbus. Ohio 43228 5311 Phu= 16141278-7083 Fax M14) :78-6163 ,m.il:kh.11ev@bii;lots.com C;tr of Delray Beach Fr or.KAL r.XPRESS Planning and Zoning Department OVERNIGHT DELIVERY 11501-4. W. I-, H,C. Delray Beach, FL 33444 Attention: Tim add Ings Ar.: [s:b Lots Store #5277- 4801 Linton Blvd., A-15, Delray neacn, rL 33445-6503 ('•Premises") Dear Mr. Stillings: This letter is to request permission for temporary use or. torare container located a[ the above referenced Premises for seasonal mr-xhandise through our holiday season. Big Lots a[ores, lnv. ;;, asx;,-.b io;, ase from today through January 31, 2016 to allow for [Me se.:;vzal business inventory. Please fine consent i.o.—. the t.rorerty owner, Delray Realty Associates, LLQ, encloz;,tl. Cnclosed as well is a check in the amount of $150.00 for t[ie perm;[ loo. rlease ovntuct me directly if you have any questions or need adtli[ionat i. -,>o. -..."tion. This consent is very critical to our holiday business. Thank you in advance for your time and unders[anning as ww -K through this maker. very truly j,oara, Big Lots Stores, Inc. Karen Halley Director, Property A11m;.-..:s1,-.1:on C" Tara Hoffman, Facility Specialist Dennis neTune, 1J:�[.:,t Team Leader 7/27/1D cwy- oT veiray Beach Badimj Dep[ 100 NW 111 Av- Delray peach, FL 33gt RE: Big L, -,t5 vocr7 - Delray Towv, , Cznter, 4aOjL Llnt-UUk Blued A-15, Delray Beach FL 33145 Tb Whim thin may conaern: As a managing member fbr Delray Reaky Asz-odate-,, LLC, I. Mike Vogel, gi-e permlvsl%n fur my Lena,►t, Big Lots Stores, inc'r Lo place a storage conwiner Dehlad the Fuildik.g In Ine uelrayTow.; Centel. PIF.aSe ..W..taa me if you hate a..r ,Uestiami or Gvi.cems. i nank you. very Truly yours, _ vv' Michael ON D16 rL RQ MI!'G� VQ6U 5d ayOX�r{.a.4gs F -4C. #';. Bia Le=, INC, Bi* L�� S:erw, I �., C6rowt Dist.., Iw., C.5 So== Co.. PNS S:wae, Ins., W.==: Ce.=: Uqeld.:wC, Big Le; FdS, Ine., IgoBi• L eCelnnloros LLC, Gr— B—In LLC, .90 Den: DC, LLC., BLC LLC. o0 1"Upi Mona JTS' 1. Y OF DELRAY BEACH 7 NW 1ST AVE _RAY BEACH FL 33444-2698 wxxxxxxxxxxxxxxx%7Cxxxxxxxxgxxxxxxxxi xx=x v CROCK 190. x Pay mere Inquiry? Please call our x 7 U U.913 x Automared sysLem ac 014278.0858 x xxwxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Payment No.: 1501035938 Payment. Date: 09117/2015 Vendor No.: 2003129 Page: I or t s 1— `-:d ?w a'? Grots..Artiount 00do �r.roi;.e pa�..�ment Number � N'et. �Amo�rrt Date , Text 1 a Dal! ii2vi 5 1 a06az6[a1 150.00 0.00 150.00 Chock TP-trl ............................. $ 150.00 $ 150.00 (remove Document Along r nrs ONE HUNDRED FIFTY AND 001100 DOLLARS ' CITY OF DELRAY BENCH !ERR OF 100 NW 1ST AVE 19EERxr i30RCM FE .33444--23vil t,MC 6AMK 60.t62 7 0 0 9 I31 Jeannette, PA 433 0911y/cu15I .,Amount Autllorized Sfynator V�9;6 11071111913,10 1:0433016271: 310 28860 18911= !Fg0M eon, INC. era, Inc.,-!.1W� Cots Mures, 11x., c—cool Cls.., Inc, C.9. Russ Cu., rN9 9Turos, iVVU51 �oea[ [igoioetore, Big Lois t'a5, !nC , Blp ian eCamnrerce LLC, Great Basin LLC, CSC Dlav Inc., Durant DC, LLC., 13LC LLC. 300 MEMO Road WMIf 11 +x . Colerwbus, DH 4322a-5311 ONE HUNDRED FIFTY AND 001100 DOLLARS ' CITY OF DELRAY BENCH !ERR OF 100 NW 1ST AVE 19EERxr i30RCM FE .33444--23vil t,MC 6AMK 60.t62 7 0 0 9 I31 Jeannette, PA 433 0911y/cu15I .,Amount Autllorized Sfynator V�9;6 11071111913,10 1:0433016271: 310 28860 18911= J -71 1 FFT 1 LAS YERPE5 Wim I J- —f PALW ~ IT_li J � "' x LD -� L I N TU N B 0 U L E V A D lEaIP I Gni l'E IT7 rq fi II L]J r i L {'S LAXELAJ% OR .� _T I sJBJECT PRYrERTY �- BIG LOTS OF DELRAY BEACH PLAHNINC AND ZINC DEPARTMENT LOCATION MAP J — DAGi7C4�- B15F m4P ;Si5mw -- LIAR FMF. S:S-lonnrc 3 lonrq'�UHW!AMm-Cuh\2-UA 1001—lU*\u51377-Ary Lot* Df Xerox Mach Big Lots—Storage Container Location Map/Aerial v PSW--A -- - RmIr r � + � �'� P _ � � .. � i` ♦ � ~� .^min *1k, e s�i - y rPm - 2��/��\�� ^\. .� dR�� Big Lots—Storage Container r . ST, 1A 6 mar nsr �SIiP3k� o C-RANHIC 5ZALE PRP4E 9ITF R4W !9 PE£ ARtE!' rn'Si LOCATION MAR NPT TO CdLf LC UL OESCRIPIMN' 4.CEL i. matt rrnw csxrEw• dcecROlare ro liE 131 i1mF6, 18 GEC�OR6 N P{,al ggpN m. EEii! 4M dW IN DR THE PIg6L RE�119 S'.�nLN eBaLll WWTr. +Y�RIDR. PAAKDY. DATA e¢9rae ax..re rerxa � EEEW - aq, a-tb 4DS FMJNtYYP` il5�.&F. ♦ Jq.R Alt �[F@ QlP - GCA 9.F. -NI°O RO: cL 6ILa -R56N e. F. €6eTD1L ENIY. - 7. NI /. M. {d91. iYP18i] fai•M�W 9�Y- - 4 Q.9 !. R. Cd.l. AAJNLF• PPOPLR9Tl IV- =0G FL" Alba - q'., oa6 e.►_ tura. PAN— po vuw cel 2015. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR BIG LOTS AT 4801 LINTON BOULEVARD 1. This waiver request came before the City Commission on November 17, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Big Lots at 4801 Linton Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: 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; (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. A. Waiver to LDR Section 2.4.6(F). Temaorary Use Permit Pursuant to LDR Section 2.4.6(F), Temporary Use Permit, storage containers are not listed as a permitted temporary use. The applicant is requesting a Temporary Use Permit for an outdoor storage container. Should the waiver to allow as Temporary Use Permit for an outdoor storage container be granted? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development 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 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 this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of November, 2015, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: City Attorney Department Head: Cary D. Glickstein, Mayor Timothy Stillings, Director of Planning & Zoning 6 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-120, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek, P.E.; Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: November 3, 2015 SERVICE AUTHORIZATION NO. 12-11 WITH WANTMAN GROUP, INC. FOR THE NW/SW NEIGHBORHOOD ALLEYS Recommend Action: Motion to Approve Service Authorization No. 12-11 with Wantman Group, Inc. in the amount of $77,995.00 for professional design services related to the N.W./S.W. Neighborhood Alleys, Project Number 15-040. Funding is available via an Interlocal Agreement with the Community Redevelopment Agency (CRA). Background: Request consideration for approval of Service Authorization (SA) No. 12-11 with Wantman Group, Inc. in the amount of $77,995.00 for professional design services related to the NW/SW Neighborhood Alleys, Project Number (P/N) 15-040. Funding will be provided by the Community Redevelopment Agency (CRA). The unimproved and poorly maintained alleyways in the Northwest Neighborhood were identified in the adopted CRA and West Atlantic Redevelopment Plans as a contributing factor to the blighted appearance and poor traffic circulation within the area. Recommendations from both Plans include paving the alleys within the neighborhood when possible to provide better access to parking for the adjacent residential properties. Opportunities to relocate existing back -out parking along the streets to the rear of the structures can also enhance the streetscape and improve overall traffic flow for the neighborhood. This service authorization includes engineering design, permitting, surveying, and bidding services for construction of the unimproved alleys. The alleys are located East and West of NW 511 Avenue between NW 3rd Street and Lake Ida Road, and East of NW 3rd Avenue between NW 2nd Street and NW 3rd Street. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3). 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. The Consultant retained by the City via RFQ #2012-06 (City Project #12-057). The original agreement, with the Consultant, was executed on January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. Funding in the amount of $77,995.00 is available from account 334-3162-541.68-98, Funded by CRA via ILA 2015/2016. City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-120, Version: 1 Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on October 30, 2015. Attachments: 1) Service Authorization 2) Location Map Legal Review: The item should be fully vetted with legal for adherence with existing ordinances and laws. Finance Department Review: Finance recommends approval. Operating Cost: What are the short and long term costs associated with owning or operating the equipment or facility? Timing of Request: The timing is of high importance. City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'"^ II CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12-11 FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. 15-040 WGI CONSULTANT PROJECT NO. 1004 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the "Agreement for General Consulting Services" contract executed January 24, 2012. Title: Agreement for General Consulting Engineering Services - NW/SW Neighborhood Alleys I. PROJECT DESCRIPTIONS A. PROJECT DESCRIPTION - CITY PROJECT NO. 15-040 This project includes Engineering Design, Bidding, Permitting, Surveying, Subsurface Utility Engineering, and Geotechnical Services which encompasses the following components: Paving, grading and drainage improvements for the three unpaved alleys. The location of the alleys are described as: 1. Block 25 - Bound by NW 4th Avenue on the east and NW 5th Avenue on the west, and NW 4th Street on the north and NW 3' Street to the south. 2. Block 26 - Bound by NW 4th Avenue on the east and NW Stn Avenue on the west, and NW 3rd Street on the north and NW 2nd Street to the south. 3. Block 17 - Bound by NW 5th Avenue on the east and NW 6th Avenue on the west, and NW 4th Street on the north and NW 3rd Street to the south. SCOPE OF SERVICES FOR NW/SW Neiahborhood Al Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary Desian Phase Not Applicable. 1 Wantman Group, Inc. Phase III - Final Desian Phase WGI shall provide final design services in accordance with, Article III (Duties of Consultant) Section C, Phase III -(Final Design Phase), Items 1-7 of the Agreement for Engineering Services with the City, dated January 24, 2012. A. 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. B. Coordination with utility agencies shall be performed to collect record information. 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. WGI will coordinate and verify existing utility information provided by the City and utility companies. C. Preparation of plans shall include: Cover sheet, General Notes, Civil Engineering Plans, details and notes, and utility relocation plans as needed. D. 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. E. Consultant shall provide internal QA/QC reviews on the 30%, 600, 90% and 100% plans. F. Consultant shall attend one (1) kick-off meeting with the City prior to submittal of the 30% plans. A written summary of the issues discussed will be prepared by the Consultant and provided to the City. G. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at 1" _ 20" or larger. The Consultant will prepare plans at 30%, 60%, 90% and 100% stages of the project. A review meeting will be held at the aforementioned stages and provide a written summary of the issues discussed. H. 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 2 Wantman Group, Inc. 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. I. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards and Specifications. J. Consultant shall provide internal QA/QC reviews on the 30°%, 60%, 90% and 100% Design Documents (drawings, specifications, and cost estimates, as appropriate). K. Two (2) plan sets, (4) copies of specifications, and two (2) copies of the opinion of probable construction costs will be submitted to the City at the 100% stage of the project. A review meeting will be held at the City to review comments. L. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards. Four (4) copies shall be submitted for City review at 60%, 90% and 100% stages. M. Consultant shall, upon acceptance of the 100% plans, provide final design drawings, one (1) mylar set and one (1) set of Autocad (version 2009 or lower) file in electronic format (.DWG and .PDF) on CD. Specifications and Front-end documents call be provided in electronic (.PDF and .DOC) format. Phase IV - Bidding/Negotiation Phase WGI shall provide final bidding phase services in accordance with Article III of the Agreement For General Consulting Services(Duties of Consultant) Section C, Phase IV, (Bidding and Negotiation Phase), Items 1-5 of the Agreement for Engineering Services with the City, dated January 24, 2012. A. WGI 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. WGI shall provide two (2) sets of "hard" copies of the bidding documents and five (5) electronic copies (CD's) to the City to issue bid packages. 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. 3 Wantman Group, Inc. B. WGI shall conduct one mandatory pre-bid conference and provide a written summary of issues discussed. 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 and six (6) "hard copies" of the contract for execution, one (1) electronic copy (CD) of all digital files of the bid documents including bid tabulation sheets. E. WGI shall furnish all bid information to the City in electronic format to be used in conjunction with the bidding service, "Demand Star". Phase V - Construction Administration Provide Construction Administration services as needed. Other - Permitting Provide Permitting services as needed. Other - Surveying WGI shall provide final surveying phase services in accordance with the, "Agreement for Land Surveying Consulting Services" dated January 24, 2012. Other - Street Liaht Not Applicable Other - Subsurface Utility Engineering (SUE) Location Services Perform subsurface utility designating services as needed. Other - Geotechnical Services: Perform Soil Investigation services as needed. 4 Wamman Group, Inc. 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 - (City Project 15-040) Phase I - Study and Report Phase (Not Applicable) --- Phase II - Preliminary Design Phase (Not Applicable) --- Phase III - Final Design Phase $39,001.00 Phase IV - Bidding/Negotiating Phase $ 6,423.00 Phase V - Construction Admin. Phase $ 51000.00 Other Services - Permitting $ 2,232.00 Other Services - Surveying $19,400.00 Other Services - Subsurface Utility Engineering (SUE) $ 1,500.00 Other Services - Geotechnical $ 3,500.00 Other Services - Street Lighting (Not Applicable) --- Reimbursables - $ 939.00 Total Compensation - $77,995.00 S Wantman Group, Inc. IV. COMPLETION DATE See attached Project Time Schedule. 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. 6 Wantman Group, Inc. Approved by: CITY OF DELRAY BEACH: CONSULTANT: '• SFA( v Date Date6 6 /r p By: By: Donald B. Cooper (Sea (a City Manager p ^ r Witnes (Sign re Witness (Printed) Attest: Approved as to Legal Sufficiency ty Attorney �EF IAF, ME, the foregoing instrument, th's day of rc�lz 201 , was acknowledged by on behalf of the Corporation and said person executed the same free and volunta ily for the purpose there- in expressed. 2 Witness m and and seal in the ounty and State aforesaid this ✓o day of U 201X h� Not ry Public Sta e of Florida PAULAMILLER Notary Public - Stale of Flonda My Commission Expires: (' '• « : My Comm. Expires NOY29, 2018 a, •q„Ea 11'oP�S Commission M EE 854872 Bonded Through National Notary Assn, 7 Wantman Group, Inc. A K E w a 0 I D A R 0 A D N.W. 4TH ST. ¢ a ¢ N.W. 3RD ST L A K E I D A R 3 � z z 3 3 z z A T L A N T I C < < Ls I —H iS, T A V E N U E L-1 L-1 of DELRAY BEACH NW/SW NEIGHBORHOOD ALLEYS DATE:3/26/13 ®CITY d ENVIRONMENTAL SERVICES DEPARTMENT p p©Q 434 SOUTH SMNTON AVEME, DS -RAY BEACH, FLOMA 33444 Proj. # 15-040 1 of 1 00 st nue City of Delray Beach 1lrayBe Beach, 34 Delray Beach, FL 33444 Legislation Text File #: 15-125, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek, P.E., Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: November 3, 2015 SERVICE AUTHORIZATION NO. 12-17 WITH MATHEWS CONSULTING, INC.; DELRAY SHORES WATER MAIN PHASE 3 Recommend Action: Motion to Approve Service Authorization No. 12-17 with Mathews Consulting, Inc. in the amount of $90,836 for designing, permitting, and bidding services for the Delray Shores Water Main Project Phase 3, Project No. 15-054. The recommendation is in compliance with Code of Ordinances Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 442-5178- 536.68-93 (Water and Sewer Renewal and Replacement Fund: Renewal and Replacement Project/Delray Shores Water Main). Background: Request consideration for approval of Service Authorization (SA) No. 12-17 with Mathews Consulting Inc. in the amount of $90,836 for professional design services related to the Delray Shores Water Main Project Phase 3, P/N 15-054. The project consists of upgrade existing 2" water mains and replacing existing 6" water mains on Cortez Lane, Dolphin Drive, Angler Drive, Lawrence Road, Dorson Way, Coral Way and Davis Road. In addition, swales will be designed for both sides of the street, with streets to be resurfaced in locations of water main construction. This the third phase of the Delray Shores Water Main Upgrade Project and the project's budget is $1,076,000. This Service Authorizatiom includes design, permitting servies, and bidding services. Mathews Consulting Inc. Service Authorization is based on a two-year General Consulting Services Agreement (RFQ #12-06) awarded by the City in January 2012. Professional Services Agreements are not bid. The original consultant selection was based on an RFQ process with a predefined set of criteria for ranking submittals. Services with the top four consultants were renewed, for one additional year this past November, active thru Januart 2016. The recommendation for award is in accordance with Code of Ordinance No. 29-13, 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". City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-125, Version: 1 Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on October 2015. Funding is available from 442-5178-536-68.93 (Renewal and Replacement, Delray Shores WM). Attachements: Service Authorization Location Map Legal Review: The item should be fully vetted with legal for adherence with existing ordinances and laws. Financial Review: The short and long term financial implications should be described to the City Commission in a clear and crisp manner. The financial implicaiton should be reasonably free of jargon. City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'"^ Qa2Z VN U W � Y � Q 3 J _.TN TAVE. Z m 1S3M 1 CITY of DELRAY BEACH LOCATION MAP DATE: 10/12/2015 DELSHORES LO.... PHASE. ENVIRONMENTAL SERVICES DEPARTMENT DELRAY SHORES 434 SOUM SWWTON AVENUE, DELRAY BEACH, FLORDA 33444 PHASE 3 2015-054 Ion ONE ■ ■ CITY of DELRAY BEACH LOCATION MAP DATE: 10/12/2015 DELSHORES LO.... PHASE. ENVIRONMENTAL SERVICES DEPARTMENT DELRAY SHORES 434 SOUM SWWTON AVENUE, DELRAY BEACH, FLORDA 33444 PHASE 3 2015-054 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12-17FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Delray Shores WM (Phase III) 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 Delray Shores Water Main Replacement (Phase III) - project limits are shown in Exhibit 1. Project components consist of: • Water Main replacement (approximately 6,550 LF of 8" WM) along the following roads: - Dorson Way (from Lawrence Road to Coral Way); approximately 1,200 ft. - Cortez Lane (from Lawrence Road to Snapper Way); approximately 950 ft. - Dolphin Drive (from Lawrence Road to Snapper Way); approximately 950 ft. - Angler Drive (from Lawrence Road to Snapper Way); approximately 950 ft. - Cortez Lane (from Snapper Way to Coral Way); approximately 200 ft. - Lawrence Road (from Canal L32 to Lake Ida); approximately 1,300 ft. - Snapper Way (from Cortez Lane to Angler Drive); approximately 600 ft. - Coral Way (from Dorson Way to Cortez Lane); approximately 400 ft. • Connections will be made to the existing water mains in the project area, • Approximately twelve (12) fire hydrants will be installed. • Approximately one -hundred twenty-two (122) 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. Delray Shores WM-Contractl0/05/15 • 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 place if located in the roadway and more than 3 -ft. from the new water main pavement trench. The existing 6" transite water mains in the project area shall be abandoned in place. • 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 II — Preliminary Desien Phase Not Applicable. Phase III — Final Desizn 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 Delray Shores WM-Contractl0/05/15 2 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 (plMn 2rofile). 4. Specifications: Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (two copies) shall be submitted for City review at the 50%, 75% and 100% stages. 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 IIID 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 Delray Shores WM-Contractl0/05/15 3 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 electronic format on CD. Consultant shall also provide one hard cony 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. 1 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 P13CHD. 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. Delray Shores WM-COntractl0/05/15 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 County Control Network which is the North American Datum of 1983 and the 1990 adjustment for horizontal control and 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. Delray Shores WM-Contractl0/05/15 5 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 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. 1. 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 provided 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. Delray Shores WM-Contractl0/05/15 10. Consultant assumes that there are no contaminated soils or groundwater in the project area. 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. IIl. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice -to -proceed). Refer to Attachment A for budget summary. Engineering Services Time per Phase Cumulative Time Survey 4 weeks 4 weeks Final Design 16 weeks 20 weeks Geotechnical(l) Field Verifzcation(r) Permitting(Z) 4 weeks 20 weeks Bidding 12 weeks 32 weeks (I)Geotechnical, Surveying, and Field Verification will be completed during Final Design Phase. (�)Permitting 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. Delray Shores WM-Contractl0/05/15 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 $ 35,763.00 Phase IV — Bidding Phase $ 5,143.00 Permitting $ 1,460.00 Surveying $ 30,185.00 Geotechnical $ 4,682.00 Field Verification $ 12,603.00 Out -of -Pocket Expenses $ 1,000.001) Additional Services $ 15,000.00 TOTAL PROJECT COST $90,836.001'1 Notes: (I)Out-of-Pocket Expenses include the following: printing/reproduction and postage. 121 Total project cost does not include the $15, 000 for Additional Services (if authorized by the City). Delray Shores WM-Contractl0/05/15 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: Date: Cary D. Glickstein, Mayor Attest: Approved as to Legal Sufficiency and Form Delray Shores WM-Contractl0/05/15 MATHEWS CONSULTING, INC. .E., Vice President Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this . day 2015 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. 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Cooper, City Manager DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 SERVICE AUTHORIZATION NO. 12-01 TO WALTERS ZACKRIA ASSOCIATES, PLLC. FOR PROFESSIONAL ARCHITECTURAL SERVICES IN UPDATING THE PARKS AND RECREATION MASTER PLAN Recommend Action: Motion to Approve Service Authorization No. 12-01 to Walters Zackria and Associates (WZA), PPLC. in an amount not to exceed $59,990.65, based on hourly rates, for professional architectural services related to performing Phase I of the update to the 2002 Parks and Recreation Master Plan (Project No. 16-057). This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 334-4151-572.31-90 (General Construction Fund: Parks and Recreation/Professional Services). Background: The Parks and Recreation Master Plan is a guide for identifying the parks and recreation needs for potential future redevelopment areas and changes in population. The existing master plan was developed in 2002 and is in need of updating. Parks serve all citizens, regardless of demographics or diversity. Parks also provide for business, tourism, art, and cultural interests and needs. Updating the Master Plan will help the City create: quality parks; recreation and cultural opportunities; improve mental health; opportunities to develop and enhance the community; and add to civic pride and provide positive opportunities for use of leisure time. The master planning process will analyze and determine current community needs through: discussions with user groups; identifying trends in recreational programs in parks; a community survey; and public meetings. The analysis will establish a Level of Service standard for the following: future recommendations for provisions of recreation facilities; programs and services; park acquisition development (especially west of Congress Avenue); and maintenance and operations. The updated master plan will include opinions of probable costs for recommended capital improvements, modifications, repairs, renovations, or operational maintenance recommendations to the following sites: (1) Recreation Centers (a) Teen Center (b) Hobbit Skate Park (c) Community Center (d) Pompey Park City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-130, Version: 1 (e) Veterans Park (2) Pool Facilities( (a) Pompey Park Pool (b) Delray Swim Club Pool (3) Athletic Fields (a) Currie Commons Park (b) Merritt Park (c) Robert P. Miller Park (d) Pine Grove Park (e) Plumosa Park (f) Pompey Park (g) Seacrest Soccer Complex (h) Hilltopper Stadium This recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(3). The City utilized general architectural consulting services retained via Request for Qualifications No. 2012-05 (City Project No. 12-056). The original agreement, with the Consultant, was executed on March 1, 2012. Amendment No. 2 was executed in February 2015 extending the agreement through March 2016. Negotiations regarding the number of hours relating to the scope of service were finalized in October 2015 in a publicly noticed meeting. Funding in the amount of not to exceed $59,990.65 is available in Account Number 334-4151-572- 31.90. Legal Review: Approved as to form and legal sufficiency. Financial Review: The Finance Department recommends approval. Timing of Request: Updating of the Master Plan this fiscal year will budget process. provide important information for the upcoming City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'"^ CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Walters Zackria Associates, PLLC SERVICE AUTHORIZATION NO. 12-01 FOR CONSULTING SERVICES CITY P.O. NO. CITY PROJECT NO. 16-057 TITLE: Parks and Recreation Masterplan Delray Beach, Florida CITY EXPENSE CODE: 334-3162-541-61.15 CONSULTANT PROJECT NO. 15-22 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated March, 2012 between the City of Delray Beach and Walters Zackria Associates, PLLC I. PROJECT DESCRIPTION City of Delray Beach Parks and Recreation Masterplan. City of Delray Beach would like to update the Parks and Recreation Masterplan prepare in 2002 with a phased update in 2016. The Master Plan will also include opinions of probable costs for recommended capital improvements, modifications, repairs, renovations or operational maintenance recommendations. II. SCOPE OF SERVICES The following scope of services is developed in accordance with the Standard Agreement for Architectural Services. The Master Plan will address the existing facilities as described in Exhibit B, structures, uses, demands and operation and maintenance procedures and to recommend suitable modifications, improvements, enhancements, additional uses and potential revenue -generating possibilities including concessions. Facilities to be analyzed include recreation centers, pools, and athletic complexes. It is anticipated that some tasks will be required due to normal deterioration, while others may be the result of aesthetic considerations. Both interior and exterior building features may be considered as well as review and recommendations of potential new buildings and facilities to accommodate existing and future demands of the uses of each element of the City's Parks and Recreation system. WZA shall review and evaluate comments, suggestions and directions from the City of Delray Beach staff and public groups along with guidance from the City Commissioners. The masterplan development with be completed in multiple phases. Phase 1 work will be completed under this proposal. Future phases will require a follow up proposals and City approvals. Page 1 Of 6 The scope of work shall include the following tasks: I. TASK DESCRIPTION PHASE I TASKS: Task 1.1- Material Review - WZA shall review available material provided by City, including site surveys, previous studies and masterplans, environmental reports, building plans and specifications. As part of this task, WZA staff will visit each site to review existing conditions. Task 1.2 - Stakeholder Due Diligence — WZA shall attend due diligence meetings with the City, various regulatory agencies and the public to discuss issues and determine requirements that might impact the planning process. A preliminary list of the agencies and meeting objectives is listed below: A. City of Delray Beach Parks and Recreation Department: Review existing park facilities and programs to determine any park and facility deficiencies which might be appropriate to be corrected or developed. B. City of Delray Beach Utilities and Engineering Department: Determine if improvements to the potable water and sanitary sewer systems will be required to accommodate any proposed facility improvements. C. City of Delray Beach City Manager. D. City of Delray Beach Fire Rescue Services Department: Determine minimum fire protection requirements and site access issues. E. City of Delray Beach Police Department: Discuss security issues and needs. F. Park Managers and Grounds Crews: Discuss any facility or operational issues. G. Up to four (4) stakeholder interviews are included in the scope. H. End users: Field interview of end user issues and needs. Task 1.3 - Stakeholder Report — WZA shall prepare a summary stakeholder report with its findings and present the analysis, opportunities, constraints and potential program to the City Staff. Task 1.4 - Phase I Public Workshop — WZA will attend a Public Workshop to gather citizen input. At this meeting, the WZA will review site opportunities and constraints. The purpose is to stimulate an interactive process and discussion. As part of this workshop, WZA will attend break- out groups among attendees to facilitate a discussion of community issues and design input. Task 1.5 - Phase I Commission Workshop —WZA shall attend one City Commission workshop for the purpose of evaluating and considering City Commission and public input as to potential program uses and recommendations. WZA shall participate in discussions with the Commission regarding the range of potential program uses for the project. Task 1.6 - Conceptual Master Plan Alternatives — Based on the Commission's directives at the conclusion of Phase I meetings and workshops, WZA will develop master plans concepts for each park facility slated to receive improvements. The building concepts will depict specific recommendations for facility repairs, renovations, expansions and improvements. Master plan concepts will be reviewed and discussed with City staff. Task 1.7 - Preliminary Master Plan - Based on the City staff input, WZA will draft components of the Preliminary Master Plan. Components of this work include the following, at a minimum: Page 2 Of 6 A. Major Opportunities and Constraints — This includes the maps and narrative from the data - gathering stage provided in simplified format as a means of providing a checklist of accomplishments by the guidelines in response to these existing conditions. B. Master Plan Narrative — A draft of written guidelines for the development of the Master Plan will be prepared. This narrative will be supported by the graphics and exhibits also prepared as part of this task. C. Master Plan Designs — Conceptual Design components will include typical site plans for each of the facilities identified in Exhibit B. D. Recommendations for facility improvements. Task 1.8 — Phase I Capital Improvement Plan - A preliminary opinion of conceptual construction costs will be prepared by each major program element in the Master Plan. This preliminary Master Plan will then be reviewed with City Staff. Based upon this input, the appropriate information will be developed for presentation at Public and Commission Workshop #2. III. TIME OF PERFORMANCE Task 1.1 through 1.8 will be completed within 270 days of acceptance of this Service Authorization. IV. COMPENSATION Architectural Services (Exhibit A) Task 1.1- Material Review Task 1.2 - Stakeholder Due Diligence Task 1.3 - Stakeholder Report Task 1.4 - Phase I Public Workshop Task 1.5 - Phase I Commission Workshop Task 1.6 - Conceptual Master Plan Alternatives Task 1.7 - Phase I Preliminary Master Plan Task 1.8 - Phase I Capital Improvement Plan Out -of -Pocket Expenses Total Estimated Fees Not to Exceed Estimated Fees $ 14.764.32 $ 7,828.18 $ 2,360.74 $ 2,246.56 $ 2,246.56 $ 12,609.08 $ 11,173.72 $ 5,925.49 $ 400.00 $ 59,990.00 Work will be billed monthly on an hourly not to exceed basis based on hourly task breakdown and hourly rates shown in Exhibits A and C. Notes: Out of Pocket Expenses include the following: printing) reproduction/postage. Page 3 Of 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. The CONSULTANT 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: WALTERS ZACKRIA ASSOCIATES, PLLC Date Cary D. Glickstein Mayor Attest: Approved as to Legal Sufficiency City Attorney Date ME (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this _ day of , 2015, was acknowledged by Abbas Zackria on behalf of Walters Zackria Associates, PLLC, 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 2015. Notary Public State of Florida My Commission Expires: Page 4 Of 6 Exhibit B The Parks and Recreation Department would like to update their existing 2002 masterplan with a proposed phased masterplan update in 2016. The masterplan will include opinions of probable costs for recommended capital improvements, modifications, repairs, renovations, or operational maintenance recommendations to the following sites: 1) Recreation Centers a) Teen Center b) Hobbit Skate Park c) Community Center d) Pompey Park e) Veterans Park 2) Pool Facilities a) Pompey Park Pool b) Delray Swim Club Pool 3) Athletic Fields a) Currie Commons Park b) Merritt Park c) Robert P. Miller Park d) Pine Grove Park e) Plumosa Park f) Pompey Park g) Seacrest Soccer Complex h) Hilltopper Stadium Page 5 Of 6 Exhibit C WALTERS ZACKRIA ASSOCIATES, PLLC SALARY COSTS FRINGE ($/HR): RAW SALARY X FRINGE 67.41% OVERHEAD ($/HR): RAW SALARY X OVERHEAD 110.00% PROFIT ($/HR): (RAW SALARY + FRINGE + OVERHEAD) X PROFIT 10.00% ABOVE COMPUTATIONS RESULT INAN OVERALL MULTIPLIER OF 3.0 Page 6 Of 6 FRINGE OVERHEAD PROFIT RAW AT AT AT SALARY 67.41% 110.00% 10.00% HOURLY TITLE ($.HR) ($/HR) ($/HR) ($/HR) RATE Principal Architect $ 61.11 $ 41.19 $ 67.22 $ 16.95 $ 186.48 (Registered) Professional Engineer $ 52.50 $ 35.39 $ 57.75 $ 14.56 $ 160.20 (Registered) Project Manager $ 44.10 $ 29.73 $ 48.51 $ 12.23 $ 134.57 Assistant Project Manager/Site Inspector $ 36.75 $ 24.77 $ 40.43 $ 10.19 $ 112.14 Cad Operator Level1 $ 29.40 $ 19.82 $ 32.34 $ 8.16 $ 89.71 Cad Operator Level 2 / Intern $ 23.10 $ 15.57 $ 25.41 $ 6.41 $ 70.49 Administrative $ 29.40 $ 19.82 $ 32.34 $ 8.16 $ 89.71 FRINGE ($/HR): RAW SALARY X FRINGE 67.41% OVERHEAD ($/HR): RAW SALARY X OVERHEAD 110.00% PROFIT ($/HR): (RAW SALARY + FRINGE + OVERHEAD) X PROFIT 10.00% ABOVE COMPUTATIONS RESULT INAN OVERALL MULTIPLIER OF 3.0 Page 6 Of 6 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-143, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 APPROVAL OF THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE CRA TO PROVIDE FUNDING FOR THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS Recommended Action: Motion to Approve the Third Amendment to the Interlocal Agreement between the City of Delray Beach and the CRA to include the existing areas already landscaped along with the required funding for the electrical, irrigation and landscape maintenance costs associated with the Federal Highway Beautification Project; and to increase the amount of annual funding from $36,000 to $75,000 for Fiscal Year 2015/2016. Background: The adopted Community Redevelopment Plan and annual Work Plan call for the implementation of various streetscape beautification projects, pursuant to the adopted Neighborhood and Redevelopment Plans. The Community Redevelopment Plan includes the provision that the CRA will provide initial maintenance for a minimum of 5 years for selected streetscape and pocket park improvement projects in cooperation with the City. On September 28, 2011, the CRA and City entered into an Interlocal Agreement for the CRA to provide funding in the amount not to exceed $23,000 annually for irrigation and landscape maintenance along Martin Luther King, Jr. Drive (between NE 1St Ave. & NW 12th Ave. - including two pocket parks/plazas) and SW 12th Avenue (between W. Atlantic Ave. & SW 3rd St.) for Fiscal Year 2011/2012. The City's Parks and Recreation Department administers the contracts with the City's landscape maintenance vendors for various streetscape improvements and medians, while the CRA provides funding for the landscape maintenance for the projects specified in the agreement. The term of the original Agreement commenced on October 1, 2011 and extends for a period of 5 years. The Agreement may be renewed for 5 year periods upon the consent of both parties. As stipulated in the Agreement, the CRA is invoiced every 30 days by the City based on the actual cost of landscape maintenance and irrigation. The intent is to provide the funding for the landscape maintenance of each project included in the Agreement, as amended from time to time, for at least 5 years. On February 11, 2013, the CRA and City entered into the First Amendment to the Interlocal Agreement to provide for the CRA to fund the maintenance cost of the landscaping associated with the Gateway Feature project and increase the annual funding amount from $23,000 to $33,000.00. It also included an Exhibit "A" which identifies the effective date for the maintenance of each project along with the expiration date. City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-143, Version: 1 On April 8, 2014, the CRA and City entered into the Second Amendment to the Interlocal Agreement is to amend Exhibit "A" to provide for the CRA to fund the irrigation and maintenance cost of the landscaping associated with the SW 2nd street Beautification project and increase the annual funding amount from $33,000 to $36,000.00. The Federal Highway Beautification Project, is scheduled to be completed by October 31, 2015. The attached Third Amendment to the Interlocal Agreement is to amend Exhibit "A" to provide for the CRA to fund the electrical costs for the decorative light fixtures and outlets along the right-of-way of NE/SE 5th & 6th Avenues, between NE and SE 2nd Streets; and for irrigation and landscape maintenance costs along the right-of-way of NE/SE 5th & 6th Avenues, between George Bush Boulevard and SE 10th Street as well as increasing the funding amount from $36,000.00 to $75,000. The CRA will provide the required funding for the Third Amendment to the Interlocal Agreement Between the Clty and the CRA and shall not exceed $75,000. Attachments include: Third Amendment to the Interlocal Agreement Between the Clty and CRA with Exhibit'A' City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. Funding Source: Funding is available from... City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'"^ THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FUNDING FOR THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS THIS THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT FOR FUNDING OF THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS ("AMENDMENT") is made this day of , 2015, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY'), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement to provide funding for the irrigation and maintenance of the landscaping along NE/NW 2nd Street and SW 12`h Avenue on September 28, 2011 (the "Original Agreement'); and WHEREAS, on February 11, 2013, the CITY and the CRA entered into the First Amendment to the Original Agreement (the "First Amendment'), to include Exhibit "A", which lists the specific projects, the associated maintenance components the CRA will fund, and to increase CRA funding under the Original Agreement to cover the maintenance cost of the landscaping associated with the Delray Beach Gateway Feature Project depicted in Exhibit "B" to the First Amendment; and WHEREAS, on April 8, 2014, the CITY and the CRA entered into the Second Amendment to the Original Agreement (the "Second Amendment'), to amend Exhibit "A", which lists the specific projects, the associated maintenance components the CRA will fund, and to increase CRA funding under the Original Agreement to cover the maintenance cost of the landscaping associated with the SW 2nd Street Beautification Project depicted in Exhibit "B" to the First Amendment; and 100094928.1 655-0600180 1 I WHEREAS, the CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the Second Amendment, in order to provide for the CRA to fund the irrigation and maintenance cost of the landscaping associated with the Federal Highway Beautification Project listed on Exhibit "A" to this Third Amendment to the Interlocal Agreement (the "Third Amendment"); and WHEREAS, this Third Amendment serves both a municipal and public purpose, and is consistent with the CRA's Redevelopment Plan, and the provisions of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Exhibit "A", the Original Agreement, as previously amended by the Second Amendment, which lists the specific projects, and the associated maintenance components the CRA will fund, and the time frame that the CRA will provide funding for the maintenance of the specified projects. 3. The CRA and the CITY agree to amend Exhibit "A" , as previously amended by the Second Amendment, in order to provide for the CRA to fund the actual costs for electrical fees for the decorative light fixtures, and irrigation and maintenance of the landscaping associated with the Federal Highway Beautification Project listed on Exhibit "A" to this Amendment. The maximum total amount of funding to be provided by the CRA to the CITY under the Original Agreement as amended by this Third Amendment shall not exceed Seventy Five Thousand and 00/100 Dollars ($75,000.00). 4. The term of the CRA's funding for the maintenance of the project specified in this Third Amendment shall commence on November 1, 2015 and shall extend for a period of five (5) years, up to and including, October 31, 2020. Funding for the maintenance of the project specified in this Third Amendment may be renewed for five (5) year periods subject to the execution of a written amendment to this Agreement. (00094928.1655-0600180) 2 5. All other terms and conditions of the Original Agreement, as amended by the First Amendment and Second Amendment, not otherwise in conflict with this Third 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 Clerk Approved as to Form: City Attorney ATTEST: -i Jeff lo, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The f =going instrurpVnt was 2015, by agent, title of o ice br t), of acknowledging), a _ (; corporation. He/She i_ s C Susan B. Shaw commission#FF070388 ?;1 ��. �e`sc 1';xpires: Nov 13,2017 �S Wpq AhRONNOTARYmm CITY OF DELRAY BEACH, FLORIDA AD Cary Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Reginald A. Cox, Chair n qlY— iow edged before me this � day of r, as (name of fficer or (name of corporation or place of incorporation) corporation, on behalf of the nally known to me or has produced of identification) as identification. 1 ) 4Q0" -D Notary Public — State of Florida )000949281 655-0600180) 3 EXHIBIT "A" "NOTE. Funding for the maintenance of the specified projects may be renewed for five (5) year periods subject to the execution of a written amendment to this Agreement f00094928.1655-0600180) STREETSCAPE BEAUTIFICATION PROJECT MAINTENANCE - 5 -YEAR MAINTENANCE SCHEDULE FOR EACH PROJECT Approval Project Name/Maintenance Description/Project Maintenance Funding Expiration Date Date Original NE/NW 2" St (NE 1 s Ave — NW 12 Ave) — CRA to provide funding at $23,000 per year for this project until 9-28-16 Agreement 28-11' 1. Water used to irrigate the landscaping along the NE/NW 2 no Street right-of-way, along with the landscaping located within the two (2) public plazas located at the following locations: a. The southwest corner of NW 5d' Avenue and NW 2nd Street; and b. The northeast comer of NW 2nd Street and NW 2nd Avenue. Maintenance cost of the landsca in alon the NE/NW 2"d Street right-of-way B SW 12 Avenue (W Atlantic Ave — SW 3 St) CRA to provide fundi n for this project until 9-28-16 1.Water used to irrigate the landscaping along the right-of-way of SW 12 Avenue, between West Atlantic Avenue and SW 3 Street 2.Maintenance cost of the landscaping along the right-of-way of SW 12'h Avenue, between West Atlantic Avenue and SW 3`d Street First C Atlantic Avenue Gateway Feature — Increased funding from $23,000 to $33,000 (maximum per year) Amendment CRA to provide funding for this project until 1-15-18 1-15-13` 1.Maintenance costs for the landscape material as depicted on Exhibit "B". Second D SW 2" Street Beautification — Increased funding from $33,000 to $36,000 (maximum per year) Amendment CRA to provide funding for this project until 5-1-19 5-1-14` 1. Water used to irrigate the landscaping along the right-of-way of SW 2" Street, between S. Swinton Avenue and SW 15 Avenue. 2. Maintenance cost of the landscaping along the right-of-way of SW 2nd Street, between S. Swinton Avenue and SW 15" Avenue. Third E SW 2" Street Beautification — Increased funding from $36,000 to $75,000 (maximum per year) Amendment CRA to provide funding for this project until 11-1-20 11-1-15' 1. Water used to irrigate the landscaping along the right-of-way of NE/SE 7 & 6P Avenues, between George Bush Boulevard and SE 10th Street. 2. Maintenance cost of the landscaping along the right-of-way of NE/SE 5th & 6th Avenues, between George Bush Boulevard and SE 10th Street. 3. Electrical costs for decorative light fixtures and outlets along the right-of-way of NESE 5h & 6'h Avenues, between NE and SE 2nd Streets. Total Annual CRA Funding Not To Exceed: $75,000.00 "NOTE. Funding for the maintenance of the specified projects may be renewed for five (5) year periods subject to the execution of a written amendment to this Agreement f00094928.1655-0600180) venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-187, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek, P.E., Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 RESOLUTION NO. 72-15 LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE FEDERAL HIGHWAY BEAUTIFICATION PROJECT Recommended Action: Motion to Approve Resolution No. 72-15 authorizing the Local Agency Program (LAP) Supplemental Agreement with Florida Department of Transportation (FDOT) which amends the expiration date of the agreement for the Federal Highway Beautification Project from December 31, 2015 to June 30, 2016 (Project No. 2009-009). Background: The LAP supplemental agreement before Commission amends the LAP agreement expiration date from December 31, 2015 to June 30, 2016 to be provided by FDOT. The purpose of this extension is to extend the FDOT's participation as outlined in the LAP agreement to allow for additional time for project close-out and reimbursement, now that constuction is complete. Consider adoption of Resolution No. 72-15; and execution of the LAP Supplemental Agreement with FDOT which amends the expiration date of the agreement for the Federal Highway Beautification Project from December 31, 2015 to June 30, 2016. The LAP Supplemental Agreement is to provide for the FDOT's participation in additional financial assistance to the City, and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. FDOT requires a resolution authorizing the Mayor to execute the LAP Supplemental Agreement on behalf of the City. On May 12, 2009, the City Commission gave approval to move forward with the design of permanent modifications to US 1 between South of Harborside Drive and Bond Way. On March 20, 2012, City Commission approved a Local Agency Program (LAP) agreement with FDOT, which defined FDOT's participation in milling and resurfacing and reconstructing portions of US 1 (the project consists of landscaping, lighting, and minor drainage improvements) and resurfacing on Atlantic Avenue from Southbound US -1 to Northbound US -1. This agreement is dated to expire December 31, 2015. Attachments include: 1) Resolution No. 72-15 City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-187, Version: 1 2) LAP Supplemental Agreement 3) LAP Original Agreement 4) Location Map City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Timing of Request: This request is highly time sensitive. The agreement expires December 31, 2015. City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" RESOLUTION NO. 72-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE DEADLINE FOR THE LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION VIA A SUPPLEMENTAL AGREEMENT TO PROVIDE UNTIL JUNE 30, 2016 FOR THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION'S PARTICIPATION IN MILLING, RESURFACING AND RECONSTRUCTING PORTIONS OF SR-5/US-1 FROM SOUTH OF HARBORSIDE DR. TO BOND WAY (PROJECT CONSIST OF LANDSCAPING, LIGHTING, AND MINOR DRAINAGE IMPROVEMENTS) AND SR -806 / ATLANTIC AVE FROM SOUTHBOUND OF US -1 TO NORTHBOUND US -1 WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to extend the deadline for the Local Agency Program Agreement via a supplemental agreement on behalf of the City of Delray Beach with the State of Florida Department of Transportation, to provide until June 30, 2016 for the State of Florida Department of Transportation's participation in milling, resurfacing and reconstructing portions of SR-5/US-1 from South of Harborside Dr. to Bond Way (project consist of landscaping, lighting, and minor drainage improvements) and SR -806 / Atlantic Ave. from Southbound of US -1 to Northbound US -1 within the City of Delray Beach. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the _ day of 12015. MAYOR ATTEST: City Clerk 525-010-32 SPECIFICATIONS AND ESTIMATES 01/15 Pae 1 of 2 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 5 LOCAL AGENCY PROGRAM 420412-1-58-01, 420412-2-58-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT AQM-22 The Florida Department of Transportation and City of Delray Beach desires to supplement the original Agreement entered into and executed on May 8, 2012 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name US 1 / SR -5 and Atlantic Ave. Length 4.833 Mlles Termini South of Harborside Dr. to Bond Way and Southbound US -1 to Northbound US -1 Description of Work: Milling, resurfacing and reconstructing portions of SR-5/US-1 from South of Harborside Dr. to Bond Way (project consist of landscaping, lighting, and minor drainage improvements) and SR -806 / Atlantic Ave from Southbound of US -1 to Northbound US -1. Reason for Supplement and supporting engineering and/or cost analysis: This Supplemental Agreement amends the Supplemental Agreement No. 2 of the Original Agreement for Paragraph 2.02 Expiration of Agreement as follows: The time for completion of services is extended until June 30, 2016. 525-010-32 SPECIFICATIONS AND ESTIMATES 09/11 Paoe 2 of 2 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 5 LOCAL AGENCY PROGRAM 420412-1-58-01, 420412-2-58-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 AQM-22 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF DELRAY BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Attest: Name: Title: Date: Legal Review: By: Name: STACY L. MILLER, P.E. Title: Director of Transportation Development Attest: Date: Name: Title: See attached Encumbrance Form for date of funding approval by Comptroller. STATE CIF FI CIRIDA DURARTN EM -1 OF TRANSPORTATION 925-( 10-4( LOCAL AGENCY RROGRAW AGRE EVENT HRCIDUCTICINSUBHCIRT—Paa8ce1 e 1 FPN: 40C14'12-1-.58-01 _ Fund: OUR, HPFL LR, SE FLAIR Agprorl: X90092 Fe( Emal N a: 4854 080 P Ong Co(e: 990430104CI4 FLAIIF Obj: FPN: 420A 121 -2 -9E1 -a1 Ru rid: D❑F FLAIF Aciclnop: 59092 Federal N o: C ng Cade: 59(14 3410404 FLAIR Otj: RW _ Ru ric : _ _ RLAIR Apclnop: Recenal No: Org CCIC El: RLAIR Ct,j: RPN: _ Fun(: RLAIR Alppraq: Fec Emal N a: Org Coc Er FLAIR Obj: C au rity N a:93 _ Corlracrt No: V eridor N a: V R 998aaMKIC1i Data Universal NurritOn SystEim (DUNS; Na: EICI-939-11621 Caialag of Receral Domestia Assistance IJC RDA': 20.2ICI9 Highway Plairinirg aria C oristnuciion THIS AGREEMENT, mac a aria eriierEic inta this 0 c Ely al 2012- by aria t etweeri the STATE CR FLORIDA ❑EPAFTMENT CR TRANSPORTATION, ari agency 6f the States oil Rlanida, IlEmeiriafter CEIIIEIC the ❑epartrnerit, airs Thea City of Delray Beach 11Emeinafter called thea Agency. W IT N ESSETH: "HEREAIS, the Agency hasi the authority to enter into this AclreerriEirit avid to undertake the prciect herElirlElften cEisCnited, and the Departmenit has beeri gremtEic the aulhori+Iy to tuncdiori aidequately in all areais of appraclniatEi junisc iatiori incluc ing tl1EI implemenleitiori of eiri integrated aeric balanaec tnansclartaition system aria is authorized uricen Section 3351.12, Florida Slati, les, to entEui irilo th is AlgreEimeril; NCW, THEREFORE, in carisiderailion of thEi mutual co%enariis, pnamises amid neclrEisienlaitioris hEuieiri, thEi parties agrEiEi as fallaws: 1.00 Purpose of Agreement: Th a clurpase of th is AgneemeM is to Flno% is a for the Department's clartiaipaticri iri N illin amid rEisuriacirig an reaorisrrrLating portianis of US 1 d SR -5 ilrom Sauth of Hanborside On to Bars "ay_ (project (jansisl of lalricscalpirlg, lightirig,_airic mirian cnainage imprcrvemeWs) aired resurtacira on ANlleintic Ave fnom Southtounc US -1 to N arth t ound US -1. eiric as fc rth Ein c Eiscrit ec iri ESI hibit "AP' i lact ec h eneta ares t y this refererae mace ai part hereat, 11 Eineiriafter called th Ell °clnojecl," an( la clnovic Ell ❑eclartrriEirit finaricial assis+lainice Va the Agency and slate IH El terms aria canditioris c pari wh ich su ch assistariae will t o pravidec and the a niderstaric iricls as to the maririE10 iri which th Ell project will be a ndertaN en aeric aomrlletec . 1.0 ANtachrr eir4s: Ext ibiVljs; 1+AI4IB+LiIF L +TjIX acne attach ec ares made ai part herecd. 21.01 Gerieuial Requirements: The Algecay shall camplele the Kpiojecl as desaribec ire E.Nhibit "A" with all prElatieal c isplatah, in a sau rid, ecoriamical, aria efficient manner, aria in acaandarias with th Ell Flno% isians h enein, and all appliuit le laws. The project will be gerfanmed in acaandariae with all applicat le Department praaedu res, gu idelinesi, mare als, Maric ands, and dirElClti% E s as dEiscrit Eic in the Department's Local Algency Pragnam Marr al, which by this rE ference is made a part h Emeof as if fully set alar h herE iri. Time is of th E essenaE as to each aria every of ligation u ria E n this Algneemeni. A fu II time employEie of *eAgency, qualifies to ensu ne that the miank teing KIu nsc E c is completEi, acCu natEi, and aansisierii with Vhe terms, aonditiars, aria UrIE aifiaaitions of this Aclueement sh all be in aharge of each r1nojeci. Inactivity arc Rema% all of Alrl Unbilled Furc s Oriae the Departmenit issues a NatiuE to Proceed QNTF; ilon the Pnojecl, the Agency shall be obligatEc to submit ani invoice on oth E n rE qu E s1 fan reimt ursemE rit io the ❑E Clair merl fon all wank comcllE lec for Re PrajE at ro less frequently Iha+I on a gLarteuly tasis, begiririing fnorri the day the NTP is issued. If theAgency flails to submit quarterly (or mane frequently than quarterl)) invoiCEs to the Department as nequirec IlEireiri eirid iri She ever) sai( faiilune to timely submit irivoiaes tc the Department nesu lls in RHWA rE mo%ing airry unbilled fu ric irici cui iri the loss ail Stale a iciciropnialiori au ilhority (wh iah may include the loss all shale ares Recenal flu nds, if D E ne are siatE fu rias pragnamrr]Eic to th E F najE Cu) , th E ri th E ACIE riq will t e solely rE sponsit lEi 10 pnovic a all fu ric s neaE ssairy tc aarriclk le the Projeat anc 'Te Departme nit will roil t E of ligal ed to Klnovi(E any acditiorzI funding for the PrajEcC ThE Algency waives the right to cartest s(cih nemoval oll tunas ty the STATE OF FIL CIFI IO A DOPARTMOt T CIFI TRANSPORTATION 579-01014a LOCAL AGEN CIY PROCIP-4 M AGREE ME h 11 PRaI ucilori SL F F aRT—aa Pagle I Deparmerrl, if the nemo�al is redaled to HHWA's withcnav%al oil luriclu cm if the removal is nelaieic 10'her loss cd State arlproplrialiori aW arity. In ac c itian to the lass of func ing fan the Prajecl, lhei Department will alsa aorisic em the c e- ciarificalian of Ther Ageincy fan luiune LAR puajeels. Raimo% ad of All Hu ric s III all funcs ama removed ilrarri the projecd, includincl amounts previously billet is iHei Departmeril aric naimbunseic to tha Acleiniay, anc ihei pnojeial is aff'he states highway system, 'here IHEI c agar merit %,% ill have to net u aM repay mend fail th ei rine� iau sly billet amcunis 1lnarri the Local A gentry. Na silaile fu rids crani be a sec ori afl-system rinojeals. 5.02 Exr ji-afiari ofAgreement: The Ageiricy agreies 'Ic oompllatei the pinajeet on or t afane 0EU3a/2Ia'Ia . If ihei Ageriay c aes mat carriplla'a REI pinojecd wiihiri Tis tirriei peiniod, 1H is Adneemerit will expline an th a last c ay of'he scheic ulec camrlleiian asi pra%icec in this panagnapll uriless an extension cilWa lime penioc is reeueis'ed ty ilhe Ageriay and graniled in wriiincl by the Deplartmeirit plricui'a ilhe axplinailion of this Agreiemenil. Explinaticni al this Agneeirrieinrl will to eansicered iermina1cin ail the project. T118 cost oil any work rlerfonrried aftein 1He1 explina cin dale of lhis Agraemenil will nol to neimtunsed by'he Deiplartmenl. 2.0 Pursuant to R&aral, Stale, aric Lacial Laws: In'he evenil 'Thal arty edealiuri, neilerencurn, applum al, penmil, notice an a-lher ppiocaec ing an auihanizaticin is nequisiter uridein aplplieable law'lo enatIs the Ageriay lo aniien iniia This Agneerrreni an to uricertake the projeci I^ereuncer or la observe, assume or canry aui any ail the pno%isieris Oil III e Aclnaemeirit, Pa Adeiricy \A ill iniliale anc cansummale, as pno%iced by lain, all aetiaris neiaessaryl \A# resplecl to any such mallers sa requisite. :IAA Algaricy Flurids: THei Agenay shall iniliale and prosecule le aamplleticn all prcaeedincls necessary, includinig federal -aid net u ineirrieirits, io eriabie ,Ihe Agenay to Flncvideithe neaessaryl iluric s fcm acrrirlla'licn of ihei ppiaject. 2.09 Submissiciri al Roacecic ings, C ciritlnacils, airid Clthcir Documents: The Agaricy shall su t mil 'o the Departmarit suaH cala, neplart% reiccmcs, corilracls, and uiheui documents nedating 'la the pnajaet as -Ihe Deplarmenl arc the Fecanal h iclhway Ac ministration flHWA' may net u ine. Ther Ageiriay shall use Pa Deplar meal's Local Agency Rnognam Irifanmailion Tool anc applicable infarmaticri sy s9 ems as net u inec . 31,00 Rrajucit Cost: 21.01 Total Cost: Thai 'latal cosl cd 1H ei ppiajecd is gl 8,123,4 44.0(1. Vis amou rit is t asied u pori the sch ec u Ie a1 ilurid incl in E�hibi' "B." 11' El Adeiricy agneas la bean all explenses in excess a1111ei10r1al aasl a1111ei pnoject anc aniy cefiaits iriW%ad. Th a sch ec u Ie of fu nc ing may be roc ifieic t y mutual agreemeril as rino%idec ilor in panacpiapH -,.(ICI. 3.0:1 Deiparirnarit Pariiciplation: llhe Deirlartmanl agrees lo participate in iHei pnojecd ca:d to the ey'ani pinavi( aid in E)hibil "B." TH is amount includes lateral-aic func s wH ich are limited to lhei aalual amou rit oil lleceral-aic par iaipaiiori. 3.0:1 Limits on Deparlmeint Auncs: Prajecl aosts eligible fan Deplarimenl plarliciplatian %Rill be allo%Aec only cram'he delle of 1H is Aclueerneirit. 11 is L nc emsload 1H at Deipartmeril partiaipaiiori ini eliclit la Flnoject acids is su tjecl to: a; Legislaliva apppio\al of the I]aplartmerd's aplrinorinialian requeisl in 'Ihe work program yeian'hal the pinojeclt is saHedulerc lo bei (iammitiec; b' A vadat ili'y cd fu rids as slalec in panaclraplh s 3.a4 aric 3.09 of Tis Agreiernent; c' Arlpraval oil all plans, speaifiaaiions, aan'naals ar o'hen etliga'ling caeumenits and all olhern leans of lhis Aclneemen'; arc c) Deplarrrienil appnaval cd the prajeici saapei and tucge' al tha time apIrInopiniailian aulHenity tecomes available. :1.041 Arlrlrcirlrialiciri of Hurids: THei Departrrieint's F1er'ormanue and abliga'iom to play Ln( an this Acpieerrieirit is canitirigerit uplan ari annual aplplrariria'iori ty III Legislailure. Ill the Deparmerit's iluricirig ilor III is pnojeat is in mullipllei fiscal yeans, funic s arlrlraval tlrarn tI a Deplar rrien''s Compl'rallen mus' be neaei\ ec eaah fiscal Near plrian ila costs beirig iriau nnec . See BxHitil "B" ilor luricinc lapels ty discal year. Flnojecd costs uAliaincl 'hese fiscal year ilunics ane nat eliclitle fan nerimtunssmenl it incunneic pinior 'la luncs aplrino�al teinclneraeNec. Thea Deipartmerit will nolify the Agenay, in wriiincl, wheiri fu rids ane a\ ailablei. SIA 10 CIR FI aRIDA DORAA IMENT OF IF ANS A 00IA TICK 92!1410140 LOCAL AIC BNCY RROGRAM AC RBBMBNlI AF ODUCTIQN SUPPORT— 08/11 Aaie3 3.09 ML 11 i-Ycrarn Commitment: Int 'Ihe everrl 'Itis Agneneimenl is im alloess of i13Ei,a0(I anc has a term fan a plemioc o1 mane Ih an1 omen yean, 'T a pravisianls of Secitian 339A 3916; Ila], Rloric a Sialulles, are H erent y inaarplaraleic : "(1a) The Departmerrl, during any fiscal yean, sl -all ria' e> pend rrrarley, inct.n any Hat ilily, an ender info any carltuacl tihiah, by its tElnmS, involves'Hen a:Iplemciiuue o1 money in a:Iaess Of ihei amounts budgedeic as available fan explenciiuue curirig such flsaal year. Any acnrltuacnt, vertal an vvrillen, mace in %ialalian of'his su t se alian is null anic void, anc na money may be plaid an su ah can'Inaat. THE De par men' shall ne qu ire a s'la'lemenii Iram 'Te aornpltraller of il-e Deplarmeni Thai Iundsi are availatle piniar to erltenincl inia any suaH cnorlraci or atter tindincl commitrrrenil of llunics. NaIlling heniein aaniaineic slIall pinevent ilhe making Of cnontracis far pleniads erxceec ing 1 year, tu'1 any aantuacl sa mace shall to exeaulory onily Ior'Ihe value Of ihei seuviaes lo to uencerec On agneec lo to plaid Ion in sucnceec ing fiscal years, and 11lis planagnaplh shall tet iriacuipanaied vembaiim in all canrinaats Of the Deplartmeni' vvhiah are -lar an amaun' in e)cess cd $2El,aaa arld wh iah have a tE nm kin a plericc of more than 'I yean." 3.416 Notiae-to-Rrcnaeec : No cas11 may t e inau unec u riden'h is Agneameni u rrlil the Acle ncy h asi re aeiivec a writ en Naiicei- icn-Rnocneec INTR) Irani 'I 1,e Denpartmerlt. THei Ade ncy agreresr 'la acveirise or put the pinojecrl out to tic Ihirty (3a) days fnom ME case iHe Deparmeni isarues the NIIP 'la ad%artisie the pinojecrl. hl'hen Agency is not able 'lo meet iHe scheduled ac]Wisemen','Te Distniai LAP Acminisiratan should be nalified as socn as possitle. 21.071 Limils curl Fecenal Partiaipelicrr Re(Elnal-aid lundsi shall no' plariaipiatei in aniy aost wFiaH i;i nal inanred in (ionilormiiy Will, aplplliaatle Recernal and State laws, the neclulaliami in 213 Cade Of Feceral Redulaiionis QC.F.FI. and 49 C.F.FI., anlc paliaies aric ppno(iedunes prescmited ty 1he ❑Nisian Administrarlan of FIHWA. Flederal funics shall not ter paid On claCOLM al any ao:r1 irlcunrerc pinior'la MtHariaalian ty the FIHWA 10 iHe Department la ppnoaeec wish the pluojeal on par 'hereof in%alving such nasi 143 C.R.R. 1.c1 ija(). If FIHWA On'he Deplartmeni cetenmines'hai any arriourl claimed is no' elididlei, fElceral plarticiplatian may be appinoved in the amaunll ceitenmineic lo to adeiquaiely supplarec arid'her Derpartment shall noiifyj iHe Agency in wniling citing the neasons why items anc amaunlsr ane not eligible ilor fecElnal pariaipaticnrl. Whene aonnecrlable n1or1-ccnrrnpllianae Will plravisians of law or FIHVIA ne(Iuinements e)isis, Fledenal funks may to withheld uniiil aomplliarlaen is obiainleid. Wheune rionl-aampllianae is ria'I (ianreciatle, RI-V\A or the Deplarmenl may denly plartiaiplalian in plarael or pnojeat (iasis in par On in local. Ran any amcnuniis c elenminec 'la to ineligible fan Ieceral reiimtursement fan which iHe Deparrnenrl has acvanaec payment, the Acle ncy sHall pinompily reirritUse the Deplartmeni fan all such amounts W'11- in 90 days olwriten naiice. 4JI®I Ruaiciat Estimala aric Distunsenmeril schedule: Prian'o'he execnuii0111 Of this Agreement, a projecnt schec L 1 of funic ing shall be pineplare c by the Agency anc appum ed ty iHe ❑e plartment. THE Agenay stall maintain said s& a du le of funic ing, carry ou 1 IHEI ppnojeat, anc sl -all inlcur of licla'lians against anc make c ist u nseimeniis oil pinaje ai ilu ric s onily in (ionllormilywilH the la'e;ii appinoved EIOHedule o111uridincl far'he plrajeci. THei schedule cdftnding may be revised by rrILIUM wnitten acneerrren'I tettneen'her Department anc the Agency. If revised, a (iapy OWE revision sl-aulc be forwarcec -la the ❑e partme nt's Compincdle n and to the Depar me ni's Flec a nal-aic Program Cffioa. Na inlarease an c ecnease shall ben effective unllenss i'I ((imputes wish funic participation nequineimerrls cdillis Agreemenii and is aplpincnvec byte Deparrrieni's Camp'lnollen. 5.00 Records: 5.al 9stz t lishment and Ma iril enz rice cit AcciCIL ritirig Recorc s: Rociorc s of costs irlcu ire c u nc em th a ienrris oI this Agneenmen' shall ter mairlained and made available uparl request 10 iHe Deplartmeni at a111imes duninc the plerioc oil chis Agneerrrrerrl and Ion 9 years after the final playmeni is mace. Coplies of 1heise doaumenis and neaares stall to llunnishec to the Depar rneinl a poni request. Racanc a of (iasis inaurnec incluc ei 11he Agerlcry's gerlemal a(iaau nling ne aordai Arid iH ei pinoj(lar neaares, tagellheun wish supplartincl co(iumenis anc necnares cd 11ho Agenay and all subaoniiraaiors plerorrning wa4 0111 iHe pinaje CFl and all ath e n ne aonda e1 th e Adernay anc suboonilraadors aansic a nec rieceissaryl ty the Deplartment fan a plraper ElL dit Of aas'Is. If any liticaticnrl, claim or audit is s'artec bell(Ine 1Hei eypiratian cul lHei to-yean plericnd, 'Ihe necorca shall to retained unJI all liiigaiion, claims anaucii fnndince invcdvincl'he nEaOIIds Havel te1e11l resolve(. 9.021 Casts Incl rued fan Pnoject: -11111-e Ace ncy shall ah anc ei'o the project accou r1t all elic it le aosis 011H a pnojeat exaepll (iasis agneed to to banne by the Acenay on HEi conlraallors anlc sutaorltraclans. Cosis in excess al the pragrammeid funding an attrituiable 1a aclionls tihi(ih have nal receivec the required applumal of the Deparmeni shall nat be cansidered eliclit le dosis. STAU OA {1LCIRIDA DEPARTMENT CIF TRANSPORTATION 575-110-1c LOCAL AGENCY PIROGRAN AGREEMENT Paei—agn1 Page 11 9.03 Doc umentaltic ni of Pnojelct Cc sets: All costs ohangoc io I a pinojeat, irialu c inig any aplplravuc services aaritnit uiec by MEI ACIGnay or ath ars, sH all t6 sL ppartEld by pinaplarly aXEIaL IEIC pay nails, iirr a nocionca, inn aicas, coninaats or VOL aN ens avic arcing in rinopian detail the nature an( prapriaiy cd the ahangEls. 9.(141 Alu dil Reports: Reaipieniis of fedenal anic siaie fu nc s ane to have auc its c ane annually L sing lhu fallowing anilEInia: The ac minisiraiiari cd nas(IL rtes MAarced by iha Department to I a Aclanay may be subjaal I auc its anc Jor mor cinind by tl-a Duplartmenii, as clasanibec in ihiu saciion. Mc r itc niric : In adc ilion 1a ruvie\n s ail auc its aaridu Cited in aacanc ariCa WIT CIN 9 Cinau lar A-133 aric 9eciion 115.91, Rlanica StatLIEls, as ravisad (ISEIe "Audits" teloln), monifloning pinoaecLnus may inIcducEI, tui mat to limited ia, ari-sitEl visits ty Deplarimeni Aaff, limited staple audits as (ElfimEld by OMB Ciraulan A-•1.13, as revisec, arid,lar atlian pinoaecunes. % an'larirg inlo chis Agwarrlanl, Me rWipidnt agrees la aorrlpily and aaopianale llully with any moniiaring pinoaecLnusJpraaessEls ceemec appnapniate ty iNe Depiartmenii. In iNe avant iNe DElplartmenii (EItElnmines that a IirnHElc staple aucii cif tha naaiplieni is appraplriME1, iNe maipierit acpaes lo aomplly with any adc iiionial instnLciioris pinclVidec ty iNa Daparmant staff la tl-a Agenay negandincl such aucii. TNe Agenay furtHEW acpaes la aomply anc aoapleralEl \Aith any imspacrlians, neviaws, invas1ligatiarls an aLdi'Is ceemec naaussarl by the Depiarmani's ClfflcE1 oll Insplecdan GElnenal 11CIIG1 , aria iNe Chie13 Flirianioial Clffiaen QCRCI) or Auc icon Glanienal. Au c its Ralrt I - Fe(emally Fu r c E c : Raciplients of ilea anal fu nc s Qi.a., siaie, Iaaal gov errirranll or nori-pnafii argani2 aligns as eellinec in OMB CIrciulall A-133, as rElvised; ane to have audiis done annually usirig tta fkdlawiniq cmileria: In the EIVEInt chat Re rElaipient axpancs 91!a0,0(Ia or maw in fadeual zmares in its fiscal year, 1hEI neaipierit must have a slirigle an pinocplam-spuaifio audit aaridualed in aaoondaniae with the pinovisiaris of CIN9 Ciraulan A-133, as nevisEIC. 9xHitil "V' Of iflis AcpleemElrit inciaaies fecEmal nesoumos awauduc lhraugh the I]eplartmert by this Agnearrlanl. In determining the Ilecanal awands expiandac in] its 1liso01 y0an, 11hEI rElaipiElrit shall aansider all SCILwaS of laceral awares, inalLding faceral nesoLnces neaaivEIC fnom ihEl Deplartmani. The deiermiratian oll arrlaunis of lecaral awands explenced shoLlc to it aaaarcanaa wish the CiLidelinas establisFec ty OMB Ciraulan A-133, as IlevisEIC. An aucii of Me necirlieni aoncuc9eic ty the Aucilor Glanenal in aaaorcanae wilh &a provisions CINB Cinaular A-133, as revised, mill meet the neClLinamarits of this pull. In aanneOlior wth tNa aucii requirarrlenls acdressec in Part I, plaragraplh 1 ihEl neaiplieni shall fuilill tha raqu inamerls ralaliva to auc ilea responsit ilities as plavic ec in 9L t par C ail CIM 9 CinU lar A -'133, as revisec . If tN a naciplianll Elxplends less th ani $15aa,aao in Ilea Emal awanc s in its llisoal yean, ari aL c it aaridu algid in aoccw aricEI wiiN tl-a pinoVislianisl ail CINB Ciraulan A-133, as rElvised, isI nat raquirac. Hcmavan, d ifla reciplient eklais tcl have art aucit aandualad in aaaaudarau wish iHa pnavisians cd C NB Oraulan A-1133, aai ravi:IEld, Te cost of tl-e au(ii must bEI paic llnarrl nari-fay Elnal nesounaEls Qi.a., tN a aost oil sual- an au( ii mL s1 t6 plaid loam 11acipli6ni nasauroes attainec fnom ather 1hari 11ec anal eniii'lies'. RecElual awands are to Ua ideritilliac Lsing the Caialag oil Recenal Domes'lia AssistancEI (CRDA) 1i-116 and r rater, awanc nurrltar arc yean, anc riame 0111HEI Emarcincl fedanal agariay. Parl II - Stade Fundec: Reaipiemis of stale fLrids 11i.a., a rion-slate entity as cefinec ty Secitian 2'1!.91(12, (111, Monica StatL 1EIs' ane to N ave aL d its corse annL ally using th EI follcm incl (Initenia: In the even) Thai the neaipierit e)plenics a total WTICILW of Male financial ausislariau equal to on in exaess of 91la0,0(Ia in any 1hicial yean of sLaN neaipiienii, the rElciplienrl mLsi Havu a :dale single or pinajeall-speoifio audit ikin sLcl- fiscal year in aaacnldariou will- Sacdiar 21!.91, Rlarica 911alules, appliaablu rules oil IIhEI BeclUlkw Office of 'Ihe Govennicm zinc the CRCI, anc Chapters -IvEo (Iloaal gavaunmerial enlitiEls' or '10.6!0 IInonipinafll aria far-prafi-1 organiaalions), RLIEIs ail 1ha Aucitan General. Exhitit "'I" 10 1his Agneumani indiaatas slats financial assistancle awarc ed th nou gh the Deplar mend ty this AgneElrrleri 1. In dErlEnirnining the siata ilinaricial awisAnaa explanted in ilsl fiscal yean, the nElaipierit shall aorsidEn all saurOEls of Maio firianoial assislariou, inclucincl Male firianaial wisislariOEI nacieivad foam 1HEI Department, all-er siaie agEmCiEls, and oll-er nan-siaie enllilies. StatEl finamoial assislanae c oas STATS OF FILCIRIDA DEPARTMENT CIF TRANSPORTATION 575-110-10 LOCAL AGSISCIY PROGRAM AGREIEIMEINT PRCIDUCTICIf SUFFlOH'I— Paagege' not inicducEi 11ecEmal cineol or pass-thnough awards and rsesciurcies rEICEAec by a noni-slate Eln'Ai 11or feceral pragnam match incl requirerr anis. �I. In cionirieciliari with the aucii rElqulrElrrenls addrsessec in Rart II, panacpraph 1, 111EI neciipiEirit shall EInsLnEI chat ME1 audit aomplifis "i'Ih MEI requiuemenis oil Seicrlian 2'IELEIlQ7, I''llorica S'laiLtEis. This inOlucEis sLbmissioni of a flnariaial rEiportinig package as cefiriec tly 9EICiiori ;1,15.91121 (c), nlcinica S'la'IutEis, anic ChaFltEms 10.95(1 I11acal davEiunmerital Eiritiiies) or 'I CLEI90 (Iniciriprcdit anc far-prclfit cmganizeitiaris; , Ru IEis oil it EI Au c itan ClenlEinal. 3. If iliEi w0ipienl exFlenic9 IEiss thane g190(I,OCIa ini slate flrianiaial assislanicie in its fiscal yEiar, an al. cit aorieuatEic in aaccindancEi wilh the prcivisians cd Seciticin 211.9-7, Flcuiida StatLtEis, is not nerquired. HawEivEin, it thei nercripienil elEla'ls is have aucii CIOr[CLctec in aaaarcanae vtith the rinclvisiclns of Section 219.97, Flouica Sialules, II1EI CC151 C11I the aucii rr Lsl LEI plaid lrcirri the noni-state eintity's rEisounClEis Qi.e., thea dost of such an audit mull bEi paic Unary the waipiarit's uesau rOEIs abtainlEic 11rcirr cdh Em th an 91a1E1 EiriiitieE(. 4. 91aie awancs anEI']a tie icElnlifiEic using the Caialag c1191ate ninanicial Assistance ilCSFA) tiilei anc numtlEln av<arc riumbEin anc New, anic riame of 1hEi staler agency warc ing it. Pah III - Otll E u Au c it Re qu irc rriE rets: TI1 EI rE]OipllElrl'I shall 11allow upl anic lake canrErcdivEI acilicln ori au til findings. Pnerlaraiion of a Summary SaheclulEi cd Prion Bean ALcil nindincls, inalucing earIIEiciive aatian anic CunrEirit s'la'ILs C1 1HEi au c it firidings is nErquirEre. Cu urEirrl year audi'I findings nEiquirEi ciorneative aatian and status cif findinigs. Rawids uelatec is LnrEiscdvEic aucii findings, apIrleals ar liligalioni shall tet i-Eitained until 1hEi aclion is ccimpletec cm the disiFluie is uescllved. Acaesis is ppiajecit rEi0ond4i aric aucii work paplEms shall be given to the ❑eplartmenit, Me Delparn Elnl al Rinanicial Services, and 'Ihe Auciiou Clenienal. This sElaiioni Coes not limit ille aulhonity oil the DepartrriEirrl tci aariducit ar anrange fan 1HEi ccinc LCI cd acdilianaI auc its ar EivaILai ianis cd state firianiciial assis'lanae cin limit the aLtharity cif aniy cilten state cifficial. Pail IV - Reporl Submissiciri: CopliEls of financial neparting plackaCIErs foo audi'Is concuatfic in acicoudanice with CNB Circular A-'I�I�I, as reivised, anc nEIgLinEic tly Part I o111his AgrEiEimeini shall be sul:millec, \AhEiri rEiquired ty SEVion .2120 Qc', OMB CineLlan A- 1213, as revises , ty on an teh all of 1hEi rEiciAliEin'I c ineci% to each oil iH Ei ilollo\n irig: a) 7h a DeFlartmenl ai each of th ei fallcm incl ac drEiss�es� : Karen Mayon, EILdgEii 81 Wc10 Prcicrarri Caondinaton Flanida DepartmEln'I aril Tnansplarl at ion .140(1 V1 est Corrimeuicial Blvc Far L auc Enc ale, FL 3":121Ml The Fec eral A uc it C IEiaririghOL sEi designated in OMB C inCIL lar A -'I <I,I, as revised Qihei nu mtl an of napiers required by Seeticim .32(1 (c)(1) anc Ila), CIMB CirsaLIan A-'133, aE rsevise(', ai 1ha lollov<incl acerEISEI: Fec oral A uc it Cleauinclh auE e Bureau Oil IHEi Cemu: 12CI'I Basi A th Stneel Jail ersoriville, IN A-71 13,0 a) Clth en ikiceral ac enaie: anc pas: -& nOL gfl Elnlities in aacandance with Soci ions .32(1 (Ei) and 1I1), OMB C incL lar A-133, as rEivise( . 2. In rllc event chat a aoply cif the financial neplaring package negLinec by PartI antis Acpieemeint anc aanCLclec in aaccmcarica witH CINE Circulars A-1.1?I, aE ravi:ed, is not required ic1 be sutlrriitled to the DepartrriEini fan ueasonis punsuanit 'la Section .320 Ile)IJ21, OMB Ciroulan A-133, a: uevisec, REI neciipienil shall submit the rEiquineid \nnittEiri natifloation rlursuant la .lection .32CI Ila Q2 and a ciclpy cif the reciplierrl's aucileic SCIIIEICLIe oil 9xpandilureis of nes Emal Awards c ivaciih to eacih of the fallo\n frig: Karen N axan, Buc gel & Work Rnocluam Cocmc inalcm STATE aF &C RICA DEPARTMOPIT C R TRANSPCIRTATiCN 533-010-40 98/11 —Page LOCAL AGENCY RROGIRAIN AGREEMEAGREEMENTPRCIOlIC710N9lIAAgRI—aged 9 Flonica Deplartmend of Transportation 3,eas West Cammeraial EINd Rart LMcendale, RL 333(19 In adc iiioni, pursuant to Seaticin .33CI (1, CIM B Circiulan A-133, as nElvisec , ihEl rElaipiElnt shall submit a aciply of 1hEl 16nariaial neplartincl plaakagEl descaitec in Seatian .330 (a;, CIN13 CINCL Ian A-133, as neOsad, zinc any Namagemeni Letlers issuec t y the auc iian, is 1t a Depar mEird sit eziah oil 1h EI 1lolloti inig ac c ueSSEIS: k anon Naxon, Eluc clot & \Aark Program Coondinaiam Fllaric a Depar meni of Transplartalioni 34CIa \A mil Carrimenaial Blvc Rart L aL c arc ale, FL 3330c1 Caplies oil the firianciial hepar ing plaakacle nequ iaec by Part II cil It is Acpreement shall t e submitted ty or on behalf of -the radpiarit c ired IV I eacih of the fallowing: a� llt a Deplartmend al each of tt a kdlawing ac drass(es): Kamen Maxon, 91.0get & V1 ank Pracram Caorcinaior Rlcink a Depar mend ci Tnarisplaraiian 340(1 \A est CorrrmEurcial Blvc Far Law Enc ale, FL 33309 t' The Auc icon C Elnenal's Officie at the 1lallowing ac c mess: A Lc icor General's Office Roam 4a,1, ReApEin BL ilc ing -11 1 \A EIEd N adisam Streel Tallali asseel, Rlaric a 32IM9-1-'90 4. Copies till reports or the Nanagemenii Letiou nElquirElc by Rart III oil 'Itis Adneemearit shall tEl sLtmitlElc ty an an bElhalil of 1he radpient c irecil la: a; TH a Depar menl at east oil ifi EI ilollowirig ac c nessilau; : Kamen N ani on, Bu c gel &Wank Rnognam Cacmc iriadan Florida Deplartmeril oil Tnanisplortatiari 3400 West Cammeraiai HNd Fort LaLdElndalEl, RL 333ag 9. Aniy reports, N anaclemend Letlers, or att an imikinmalicin regL ined lo t e sL t mitiec to tfi a DElplartmend PL nEIL ami lo IM is Aclreeiment shall to sut milled in a timely mannan in aaoarcanicie with CINE Circiulan A-133, as ne\iSEic, Florica Siaiuies, anic Chslpltens 10.990 (locial go�errirrienial eniiities' an '10.69(1 rionipinofit and fan-pinofit crrganiziaiions , RuIEIS cd the A Ldiiar GEirieral, as aplplicatle. EI. Reaiplienis, wheni SLtmitiirig llinariaial negartirig paakagEls io ihEi Deplarimeni fan aLdids cane iri aaacrrdanaEl wilt CNB CincILlar A-133, as nEMSEld, or ChapllEms 10.95(1 (locial gmierrimenilal Eintiiies, or '10.690 (nicrniprafi and fan- pnofit cmganizaticros', RLles oil 'Ihe Auciion Gerianal, shoLlc incicia1e the tale 'Tai tte finanioial reporting package was delivered to the r8clipierit ini ecmreisplcrnic ElricEl aaacimpariginicl ihEl firianiciial neplari ing package. Parl V - Rciacnid RaWrilicirc ThEI nElaiplient shall naiain sufficient rElccinc s c eirriansiratirig ils ciomptliancifi wish the luirris of ifl is Ac neemElrit far a period of al least 5 yeans 1lncam the dalEl dhe auc ii nElplartiS issuec anic shall allow lhEl DElplartmElrit or ids cesigneEl, the slate CFO an Auditor CenEural aaaElss to SL ah rElccmcs upon reques'l. THEI neciiplienii shall erISLfie Thal 1he inceperiderit aucil caaLmenlaiian is mace availatle to the Depar MEW, or its cEisiclriee, ihE siaie CFO or ALdilan CemElmal L pion negL Esi ilor a pE nioc of at least ;I yE ons lrom the c ate &E aL c it neper Is ISSL Eld, unilEISS extElridec iri waiting by Ih e Depar mend. STATE OF HL OR 10 A DEPARTN 9NT CIH TRANSPCIRTATICIN 811 -Ola -44 Page LOCAL AGENCY PROGRAMAGREEMENT PRO(UCTIgN SUPPORT—ageI 1 5.C15 Inopeation: late Agency sFall plermil, anic shall neacluinEl ils canlnaetans 'la Flermill, the Deplartmenii's @Ctori21ec represenlalNes and aullhonizec ageniis oil FHWA lo insplect all v`ork, warkmanship, materials, Flaynolls, anc reaands and to audit/ 111 EI d calks, rElcanc s, and aeaaL nrls pertairii rig la ihEl finaniainig and de%eloplrrlEirrl cd tH Ei FlnajEiail. The DepartmEant nEaservEis 111 Ea right/ 110 L nilalarally oaniael tF is AcIneemarit fan refusal t y 111 EI Ageriay all any aaritnaeten, :IL b- eaninacrlar all rraatenials varidan Ica allow plublie access lo all cacLmElnls, paplEirs, IEd-ers or alter maienial sLtjeat lo -hel provisions of Chapiler '119, Florida SIMuies, anic mace an neaeKad in 0or1jLnclion wiili this Agreameni 113eciioni 287.088(1' (a), Rlanida SlatL tEls' . 5.a6 Uniform Relaaatiori Assistariae aric RElal Ruaplerty Stzailistiaal Report: Fan any projElcl neclL inincl ac c iiiorial rjghll- af-way, 1hEl Ageriay mus'l sLbmil 'la MEI Department ani aninLal neplar of ifs rElal pinoplery acquivition anic relocaalian a:Isi:dariOEi aciiviiies oni ihEl pnajElall. Acati%itiEls shall bEl neplarec an a fecElnal fiscal year Iasis, from ClciotEm 1 ftnough SElpllemter 30. TFE1 nEiplart mLEil ba pinepanec Lsing Re kuama- pinescnitec in 49 C.R.R. Part 04, AppElndi) B, anic to su t miilec la tM Ei Depar mEin11 no IalEm than Ocltat er 'I EI cd Elacah yElan. EI.(10 Real. isitionis anid Paymenits: RElqueasls fcan neimbu nsElrTianll ilor fees an alter eamplenisaiiori far sEU& iaE1s an e)plenises iriau nnEic shall be su t mi111ec in dellail sufficiienii Iona prapEul pine-auc ii and plost-au c ii iH Emecd QSeetieri J87.a581'I' Qa; , Rlaric a S-a']LleS;. All nvaipierits of funds foam this AcIneemernl, inclLding ihcse aoritraciec ty ihEi AgEincy, rTILsi submi'l tills far any iravEd EIkpEIrISEIS, wtEin ElLtl-ari21ec ty iME1 tElnmS cif itis AgrEismenii, in aciaandaricE1 wi-h Sedition '113.(IEI'I, Rlorica Staluieas, anc Chaplien 3 -"Travel" of iHe Deparmeanl's DistursEamerd Cloaratians ManiLal, Toplia 350-13cla-eaa (ISeclicn �187.aE18Q1;Qd;, Florida 31aiuies). 11, after pnojeot aamplleiioni, any claim is mace ty the DElplartmenit neasu liincl from an auc ii an fan work or ser& iaEis plerfonmec punsLann to this Aclnearnffi'l, the Deplariment may affse- SLch arriaLni Pram paymenifs CLe fall %&ork an services carve umcen aniy aclneEirrlElrrl 4iali ii has WIT 'Ihe AclElricy o&ninicl sucih arTiCILM if, Lploni demarnc, playmenii oil-hel amaunii is niat mace willhin 60 cat's to 'Ihe Department. ClffsEltlincl aniy arraaunil plursuarit to 'Ihi41 panacpapli shall riat be aarisicenElc a breacah all aaritnaclt by I EI Depar rrlenil. 71.CI0 Dapaartment Obligaatianis: 31.bjeat a clthan plravisians h 6nElaf, Re Depar merit will hariar rElquEIS'ls fan neimbu n iamenl ie the AdEinicy iri amoLnls anc all-irrlEls ceearTlEIC by 1HEI DepartmElrit to bEl prapEul 'la E1nsLnel tl-e caarr)irig aLt of 'Ihe prajeai anic paymenii afthe eligible acids. Ho&ne%er, riatwVtsiaricincl aniy c0an pinavi;liari afiHis AcpleElmElril, Re DeparrYlEinl may elect ty niatioe in wriiincl niat 'la make a paymenit if: ].(hl Misneprcisentaation: late AclElncy shall Have madEl misreplrElseritatiari oil a malEuual nalLnel in ils application, ar an} supplement ihEareila an amencment therecif ar in an wilts nespEacrl la any CoeLmeml a1 cala furnished ihEane&AitH ar punsuanl M EIR110; 7.M Liilidaatiani: THEmEI is lheri plenicing Iilligallian mitt nespecil to the parfanmanlae ty ihEl Agenay of any of ilsi duiiesi or catligaliami v&hiah may jeoplarc i2e or acvEansely affeal IhEa pluoical, -he AgneerrlEanl an playrraenls la Me pinojecrl; 7.03 Approval by Deplartmarit: llhe Ageniay shall Hava takeni any acatian pertaining to fMEa pinOjEla- %&Micah, LncEan this Achaaemenii, neCILines Re aplpraval all 'Ihe DElplartmenit or hast mace nelalff eXplendillure an inicLnred nedatEIC abligatiaris wiles CIL'l Having teens ac vised by tha Departmerit -hal same ane appino& ed; 7.041 Clarilliail of Initemests: TH anel has bean any vicdalian of the card ial oil intElnest provisions aoritained hence in paragraph 7.05 Defalulil: TYEi Agcria} has HElan celEmminEic b} It Deparrraen'l to be in dellauli Lrider aniy of Ilhe pinovisiclml of ate AgrcElmari 7.a6 Federal Rarliaiplation: THEi DEiparrraEiril may susplenic en ielnmiriale paymeril fan tta'l par ion of the projElcat wHioh It RF WA, an the Deplarlmenl aclinq in lieu oil FHWA, many cesignalei as ineligible fan federal-aic. 71.07 Disallowed Costs: In dedearmining the amount of Me playmElnt, the Departmearrl will e)clLde all pnojeals casts iricL nrElc by She Aclenuy pinior la -he Elffeati%e dale cd chis AgreemenH an ihel dale tillaulhoriaaiion, aosls iniclu rnec after 1HEI expina-ian of 'Ihe AclneemElnl, aos'ls v&Hiah ane not pino%idec fan in 1ha la'lest appnaved S&EIC L IEI of fundinicl in 9)hidil "9" ibr Page w9 TATECF FIC R IDA 0 RRAM RTRf I7 F OR TRANSPC IATIC N 919-010140 LOCAL AGENCY FROCIRAIM AIGREHMEN 11 PR(DI CTICN 9l RP CRT—aged 71 IhEi pin(ijacil, easlis agreec io fie bonne by the AgeniaN an ils cionllnectars anic sutooritraclons 11or ria'I mewling 11hei pinojoal ciammenicemenii anic ilinz I invaiae lime lines, a rid aas-ls a1iiituiable la goacs or siemiaes necisivac u ndEul a coniireci an other E ImarigemElrits u\hieh ha%a viol been aplpravElc iri wnitirig by 11he Departmorit. 7.08 Firial IrivoiaeEr ThEi AgEiria) mu sl submit 'I he flrial irivciiae ori 'Ihe prcijecl is 'Ihe DEirlartmeril will hin' 20 C eys after 1lhe ccimplelian oil IhE1 ppiojElcrl. Inivoieesl Submi'llEIc efterIhEl '20-Cey'Iima pleriac may viol be paic. 8.00 Termiriatiori ar Suspelrisiiari of Pno,ject: 8.0'1 Ielnmirialiciri or Susirlerisiciri G6rienally: The Derlartmenii may, by %ritEin rialiae to llhe Agenay, susperic Eriy or all of its cibligElions uniCen this Agreamenii unilil suah timEi as IhEi e%enl an cionicitiari reisulling in suah susperisiari Has ceasee an been clornecitec or the Derlartmeni may ieuminaie 'This AqueElmerit in wHcdEI or ini plait al aniy lime ilia inileresi of the Deplarl menl nequ ines su ah tenminz 1 iori. ila) lWe DEiplartmeril deienmiries 1Ihal the plerformarica cd'Ihe Ageria) is riot salisfaclory, Ifle Deperlmanl shall nciiiily'Ihe Agaricy of the c ElfiaiEinay in wriling wi1N a nElquirElrT1Eini'I 1hEl the eelli0i6ncy be acinwaled wiihini thirty (301 days cd Sua11 notice. Such noliaEl shall pravic a neasane b le SpElaiflaity to lfl a ACIEIricy cif lhEl dElliciienicy that nequ ices aoniecitiari. 1111`16 Cefiaieniciy is riot conraciec wilhiri suah lime peniad, IHEI Deparmerii may ei'Iher (1, irnmmiallely lermiriate 1HEI AgneemEirit s set far h in plan gaz plh 8.(Ib' below, ar (2) 1z ke whetevein action is ceemec a plprapniMei by 111e Deplarmenl io canreci the C E11(iiancy. In the EIVEiri'I Ihei DElpartmarlt chooses to to kei a crlian anis rlat llerrTlinlatEl the Agreemerll, 1HEI ACIElrlcy shall, uplarl dElmaric , pinarnpllly neimbu nSEI IhEi Depz rtrrierit fan aniy anc Ell Iasis aria explenses iniciurnec h y the Deplar merit in aorneating I h e delliciElnc). (IF If the Deplartmeint ieuminaies the AgrEiememl, the Depertmenl shall notify the Aganay of suah lermirie'licin iri wriling, with irisinucrlicins to 11he Eiffeciti%e Cale Ill 1Enimirialiani or spleeny the s1zcle cit %onk al which the AgneElrTlEinit is 1Io be tEnimiriaiec . I1c' I the AdneEirrlerill is lenmiria'16d telorEi IhEi ppiajecit is (icimpleiec , the ACIeney shall HEI plaid and) ion IhEi pElncEiniiaga c111HEi Flaojecrl saiisllaetanily pleriorrri6c kin uVhieh aas1s can to substen'lietad. Sucih pla)rrieni, hawElven, shall viol excieElc Ifle equKalenii pleraenilacie cil lhEi eaninaal pricie. All %ork in pnadness %ill bElaClmEI the pinorlEirty of the Departmenil Eric will he iurriec over ppiomptly by the Agency. fl.(12 Action SL lisiequenil to Nalicie-cif-Termiriation an Susirlelrisiari: Uplori reacipl of a riy finial tElnminaiion or susrlenisioni matiee umcer 'This panagnaplh, the AgeriaN shall prciaceid prarnptly to ciarry out 'Ihe aetieris required therEiiri whish may inaludei a riy or E II 0111HE1 ilollov,inig: (e) rieeessary acltiari lo'lenminala on susperic, as the ciase may be, prajacl acii%iiies enc canlnz ols anc suah other ecrlian as may bei reiquirac on cesinahlei la keeirl is a minimum IhEi eos1S uplom the basis of which the linianicirig is to be ciomplLtEid; (b, ilurriish a slla'Iemenii cdthe pinojecil Ecil:NitiEIS anc aciritnaets end tither unCEiraHirigsl'Ihe cast cdwhicih ene ollherwise inialucable es plrejElai ciosts. The ierrTiinaticin cin suspension shall be earned aut ini aanfcamity wish the latEISI schec u Ie, pia ri, z rid oast E s approVed by I h e 0 Eiplartmerit or uplan the Iasis of terms anc (ionc iiionis irriplosec b) 1hEl DepartrTlEirit u plan th a lailu ne of the A geniaN io fu nnish ih El sch edu IEI, plan, anic Eis-lirTiatEi u\ ith in a r6asanat IEi time. the closing CIL 'I oil fedeual finaniaial ple rticiple tion ini 111 El pnojecli shall rioi eansiillute a wE Iver of any aleim whiah the Deplartmenil me alherwise h v arising out of this Agreemerit. 9.00 Cori91lacils cif Agenay: 91.01 Thfrc Party AgreEIITIEIr1s: Hkcepl es otherwise eullhoriaec in wni'Iirig by 'Ihe DElrlartmenii, Ifle ACIericy shall riot exElaulei any acintnaclt or otlicla'Ie itself in aniy mE rinen nequinind'Ihe diatursemeril of Depermenil 111unics, irialucing ccinisulteril an acinsimaiiani can-laaets on amenicmenis Terato, wish aniy thind party v,ith nesrleci to the paajeet wiihaut the wnitieri e pprave I oil 111 EI Dape r rnffil. FE iiu ne tcl ab tE iri such aplprava I shall t e sufficiieril Eau SEI fcin nonrla) mens by the Deplarl mans. Tha Deplar m6ni spuciiflciall) rEISEwiEiS urilo itsehl iho right 1a ne%iew Ihe qua hlicaticiris of z ny consu Ite n'I cin aonifracilcni and to e pproVEl cul cise r1prov6 the emplaymenii oil IhEi same. 91.(12 Ccimpliariae with Consultelrits' Carrlpcililive Negotialiou Act: li is uncerstaac anc agneec b) the plartius hanEiio Thal perticiipEliori by 1HEi Deplartmenil in a rinajEiall wish lhEi ACIEinicy, whEme saic pinojual irivalvas E cionisuliarii eonlrecl fcin eriginEiEmincl, enchi'IElciure cin surveying SEirviees, is cioniiinigerii cin 1he Agenay's campllying in full wish provisions cd Saalian 281.C155, Flenida Siaiules, CariSulis rats' CampeiilNe NElclaliatian Aclt. Al 1116 c iscualicin cif the Deparimeni, the Ageniciy will imalve lhei Deplartmerit in 11he eomsultani selecilicin pinociess fan all pinojuals. In all cases, the Agenia)'s aitannay shall certify la IhEi Departm6nl ihei saleaiion has be6ri eaoamplisheC in carripilianae with ih Ei Canisullanis' CarTlrlelitive � 6golia'Iian Pal. SIATECIFCCIRMA 09AARIMEINIORTRANSPCIRIATICIN 929-d 10140 gla LCIC AL AGENCY RROGIRA M AGREEMENT 71 PRODUCTION SUPPCIRT 01/11 - A agla 9 ICLCIal Disadvainitacicc BLsirieiss Bniterprisa iIDBEJ Policy avid Cltligation: 11 is IHEi pldia� clthe Deplarmand ihat DBE's, as deflnEic in e9 C.R.R. Par 216, as amenica(, shall have 1hEi applarlunNy is participlate irn'Ihe plarlarmance oil con'luaats finance( in wh ale qui in plait wit11 Deplall menl fu nc s u rider th is AclueemEint. TF a DBE requiremenis of appliaat IEi federal anc statEi lai\& s aric ueclu latiaris aplplly is ih is Aclnearrterrl. The AclEincy and its coniraetars aignee 'Ia anst.ne that DBE's taxa the opIrlarturiiiy to par iaiplate in REI perfarmariaEi oil chis Aclueement. In th is neclarc , all necipienis aric condraclous stall Zak a all necessary anc reasanat le stEips ini aocan( ante mitt atplRlicatle fedenal anc state ki\&s and reclulalians 1a ensure that 1110 DEE's haVE1 111Ei appertunily to aamplEltEl 1011 anc perform aonlracis. The Aclancy anc its candraators and sutaortnaclous shall not c iscuimiriate an the tasis of raae, colon, nalional cnigin an se) in 1hEi a\&arc aric pEirfarmariae of caninaals, eritEinec punsuarrl to This AclneEimenT. RurtIlEirmone, the A geniay aclneEis th aT: Qa' Eaah firianeial assistanice acluearriarit sidnac \& ith a US. -DOT oplenalincl ac rrinisinadion jar a primary recipliOnrl) rr u si irialu c e th a lollcuv incl assn naria0: "llhe waipiont shall ncd disarirrinate an The basis ail raae, color, nalional anigin, or se) in Ilia awand anc perfanmariaa oil an} DCT-assisiec can'Inact or ini the ac midstualian o1 its DBE pinoclnam ar 'Ihe nEiquirEimanis of 451 C.R.R. Part 216. ThEt naaipient shall take all naaessary and reasanatle stEtps uncer 49 C.R.R. Par 2EI tc enisure nandisariminatian in ihEi awand and acminislralion of DOT-assisiec aontracis, llhe reciplieni's DBEI pragrarrt, as necluinac by 49 C.F.R. Part 216 anc as appinovec b} Department, is inicorploratEid ty ueilerEiniva in th is Aclneemanl. Implarnetniaiian of this pluagram is a IEigal abliclaticn and failu ne to oaury au'l its Tanms shall to treaiec as a violation oil 111 is AclneEirr Eini. Upari riotifiaalian to 111 Ei rEicipli0nl e1 its ilailL ne 'la aarr) aut ills appraved pincdnarri, 111Ei Deparmens mziy irriplasEi sanialians as pincvidec ilor uricer e9 C.F.R. Par 28 and may, in aplrinopniaie asses, redeu 1hE1 maltEin tlor erifancameinl LridEm 18 U.S.C. 1cel ancAcui 1hE1 Pnodnaim RnaLC Civil Rema( iEls Ani of '1986 (I<I1 U.S.C. '3801 EIl seicl.),." It) ElacH candraat signed wish a aoritractou ijanc Eiaah subaondrad the pinime aerituactcui signs with a sutcan'luaatonj must includEi the fallowing assurance: "Thea caniracdor, sutnedpient or SLbcarilnaatan shall nat disariminale an the basis oll nate, calor, nalional cnigin, an sex in IN Et performance oil chis condrad. 1h acntuaclon shall canry CIO ziplpliaatla uequinements of 451 C.F.R. Part 21EI in the a\&arc and administuallion of DCT-assisiec con'InaaTs. Railure ty the acrrluactan to carry oui these necluinements is a matanial tnaach of this caninaicil, \&11 ich may uesul'l in Iha tEmminaiiori oil this cant na al or such ME an netmetdy as ITT uecipieni teems apprapriatEi." 11.00 Compliancia with Caric itionu aric Laws: Thei Agaricy shall complly anc require its eanlnaalars aric su teanlna clans to acrriplly WIT all tenms anic Banc iiioris of Itis Aclneerrenl and all fec Emal, stats, anc lacad la\&s aric ragu laticris applicat l0 Ta this pluajeat. Elxecutioni til This Agreement aanstilules a cEirtiliaatian Thar thEi AclEiney is in aarripllianee with, anc \&ill rEiquirEi its carrluaatans aunt subaontraclors ie (amply with, all recuirElmenls implosed ty aplplliaatle Tleceral, state, and laaal laws anc negu Iallians, iriclu c inig 111 a "Certifiaaliori REigare incl Det arment, Suspension, Ineligibili'ly anc VCIIL niary b alu sion — Lc\&er Tier CavE nEic lbansaeliaris," in 49 C.F.R. Part251, wh an aplplliaatle. '12.(18 Reistricticma, Piahibitions, Controls, and Lahor Rrcvisioris: •12.01 BqL al Bmplaymeint CIPIPIarturiity : In cannEialiani wilh 111EI canrying out of any pluojeat, IVEI AgEinay shall not cisaniminale against any employeEi ou apIFllioairit fan Eimpliaymenrl bElaat.sEi oil race, agEl, neligicri, acdan, se), nalional origin, cisatilily cin mani'lat s'latus. The Agency will take affinmalivE1 adian to Eirisune thal applicants are employe( and that Eirripllayeas are treated curincl EimpllayrriEinil wiihaut r0clarc 10 RON nate, adE1, neliclian, calor, clenicer, riaiianal oriclin, cisatilily or marital status. .uah aalian shall inicdu(EI, but not to lirnitec la, She fcdlawing: emplcrymEirit uplgracing, cemoTian an lnarisfer; 11eenuilmEinl an rE1c11ui1rrenIl acvEir isincl; layoff au lerminatian; radEis of pay an cdhEm ibrrrs of campenisadionr, anc saleation far trainincl, includincl aplpinEiritiaeship. llha AgEincy shall insert 1hE111orE1g0ind pro%ision mociliec only to show the partiaulan canilraaluail nelatiorish ipl ini all its eanirads in connection \& ith the developmen'I cl apenaiion of the pluajeet, except canrluaets far th a standard oommeraiat su plplies or ra\& madeuials, and sh all neat, ine all SL ah canTnactars ila insert a sirnilan provision in all sutcanluacts, exaeplt sutacntuacis fan stanc and commemial supplies or naw materials. When the prcjeal involves inisTellalian, cansinaiioni, cemalitian, nurrtcval, site improvEimeril or similar wcuk, the Aclemoy shall past, in aorispliauaLs planes availaNet 10 emplo}ees and applliaants liar emplaymeni fan pinojEicrl wank, nalieesi'la to plrovidac ty the Deplarimeni selling forth the pluov isions of the niandisauiminaticn alaiu se. STAIN ON NLCIRIDA DEPARTN ENT OF TRANSPORTATION 535-010.49 LOCAL AGHNCY PROGRAM AGRIEBMBNT PRCIDU471CIN9URfl ORI—09/11 Aagle 19 121.a2 title VI —Civil Rights Act of 99(141: IV Agency trill comply With all 11Ha requirerrienis irriclaseic ty 1Ii11e VI al lhei Civil Rig His Aat o1 196', the negulalians oil llhe U.Ei. Deparmani all Tnamspartatian issu6c theraunicer, and 1116 assunaraaei t y th a Aganay pu nsu ani i H emeto. Thea Aganay shall include pinmisions in all coninaacts with thirc parties that einaune compliance vtith Ilitle VI of the Civil RightsAcr1 al'iW4, -19C.F.R. Rar 31, and relaiec statuteasanc regulations. 92.0:1 Americaams Hulk Disabilities Aull all 1990 (ADA): Ilha Agency will aomply %ith all the nequinorrianrs as imposec by th a ADA, the nedu latians all th e F 6denal gav anmment issu ac R eneu nidem, and assurance t y th a Agencry pu nsu anis tt- erecta. 13.x4 Rublia Entity Crime: A pensan cm affiliate who has taeni plaaec oni the cionvicteic Nemcan list fallowing a aamviciion 11or a clublie eniiity arime may not submit a tic on a cioniraai to clnovide any goats or services to a clublici eriity; may not submit a tid on a cianHraai with a putlia eriiily tan the cionislnuatian on neapair of a putlia t0l0incl an public wank; may niat su bmi'l bic s an leases oil real p110per y to a pu t Iia eintiiy ; may nal bei awardelC on perfanm work as as aantuaclan, su Rplien, suLcianiraaiar or eansullant uriden a cianinaa'l \A ft ariy putlia amity; aric may not tranuaai tusiness with any Klublia entiiy in e) cess of the 11hr6s11old amen n'l provic ed in Secrlian 2187.017, F larida Sutures, 9or CATEIGICIRY TVI CI far a peorioc of 3E months iharn the (ala ail teiniq plaaec an the oomviciec �emcar list. 12.05 Discriminvlicm: In accoorcamcoe v,ith Eleclioni 287.134, Florica Statutes, sari eniiiiy cm affiliate who has teen plaaec an the Disarimimatory Vein( an U is'l, kept t y the F lank a 0 epartmerit of N anagamani Services, may niat su t mil a bic an a coonatraal la provic6 goads an SlervicaS 10 a publico entity; may riot sutmit as Lid an a cianimal wish a publico anility far the camstnuc in cm papain ail a clublici bu ilc ing an publico work; may niat :au omit bic s an leasers of real pn0pary to a put Iia anility; may not be Emuidec on pearfonm wank as a aonlraalor, supplier, sutcaritnacicm or cionsullanii uncer a cioriiraci with any putlia aniiity; and may niat tnarisaal t usinieass u`ith any pu Llia eniiiiy. 92.0(1 Suspemsioni, Revocation, Denial of Quailificalioni or Deiermiriaatiari of Car1mator Nori-Revrjc msibilily: An anility on affiliate u`ha has had its Ceartificiala of Quaaliilicatian suspenacad, ra%akeic, denied or have further bean catermimed ty the Deparmant to be a roam -responsible cantractan may not sutmit a bic on parfanm work fan Me coanstnuclion aN repair of a put Iia b u ilc ing an put lit wank on a cant pact Will the A gencoy . 13.07 Fnahibited Imierests: Naithan the Agenay nap aniy oil its coninacitam an iheiN sutcanrmacitam shall arrlar inla aniy coantnaal, su tcantnact or arnariclemenii in cianmeiaiian with the pnajecl or any gpiopearty iriclu cec or plaarinec to baa imcluc etc in Te pnajaai in wh iah aniy merriten, afliaen tui eimplayae of the Agency on the locialily c uninicl tanune an ilcm 2 years ihemeaflar has any inilemest, c ineat cm inc ineat. til any such clnesenil or fonmer merrat ear, afficem or emplcryeiea irivolu ritanily aaaqu inns cn had acquired Arian la the beclinninicl c1 tanure arty such inilenesl, an( if such intemesi is imrroedialely ciscilmled to the Ageriay, the Agency, v`ith prian aclpraval of 1116 Deapartmeril, may waives the pnaliiliilioni aaritairiec in this paragraph KlacMdec Ihat any suaH praserrl membem, officien cm eirriplayea shall not particirlat6 in any action by thea Agenay an thea locality nelaiinq la such aoritnacl, su t aaritracl or annarigemenil. Ilha Adeinay shall insar inc all aaninaals antarec inalo in cannaction with Re pnajeci or any pnopery inalucec or planinec to to inclucec in any pnajeat, arae shall require its coninaatans to insert in aaah of their suLcaninaais, UEI 1lollov,inig provision: "No merraten, afflaen cm erriplayea all Re Agency cm of 1116 locaaliiy curing his tenure or far 2 yeans th eraaften shall have aniy interest, dinual on indireiai, in this canlnacat on the pnaciaec s R emeof." The provisions all ih is claragnaph shall not t e applicable to any agreement tellwean ilia A geriay and ills fiscal c apasitaries or 1a any agraameni lcm utility semiaiaes 111 ea nalas fan wh iah are liyea or aaninallec t y a go%ernmenial agency. 12.0(1 Interest of IV ambers of, on Delegates to, Conigness: INa memter ON del6gale 'la the Cancluess oil tha lnilec Slates shall be ac mined to any share an part of chis Agreement or any benefil arising therefrom. 13.a0 N isaellaameous Rrov isioms: 13.0 Enivinonimenitail Regulations: The Agencry will b6 salely nesporisible fan caomplianae willh all the applicatle eriviranimenial regulaii0111s, liar any liability arising 1lrarri man-ciompliarice v\i1H llhese reagulalions, and will neimturse &a Deapartmerit 11or any lass incau nread in caonrieci ion iH emev` ith . T11ea A gemcry u` ill t e r6spansit le far securing aniy appliaat le peuim ills. STATE OF F L CIRIDA DEPARTN ENT CIF TRANSPORTATION 575-010-110 LOCAL AGENCIY RROGRAM AGREEIMEINT PRCIOUC71CR19UAAORT-118/11 pa! a 11 12I.CI3 Deplartmeril Nall Obligatcic Io Thind Parties: Tile Department sliall nol be abligalec or liable hareuncan to any inic i\jidu al an anlily nal a plarty la 111 is Agnearrlent. 1:1.(13 Man Rights and Remedies Not Waived: In no avan'I shall tha making by the DeFlartmenil of any paymenil to the Agemay aonslitutEl or be aonislnuec as a "ai\an by 1hEi DeFlartmenil all any breach of 00jerianil on any cefaul'l wHah may hien exist on VhEi par cllthe Agemay anc the making ollsuah paymenii ty 'Ihe Depiartmenil, Vlhile aniy suah breach an dellaull shall e)isl, shall in no way irrlplain or prejuc ice aniy night an nemedy anjailab Ie to tl-e Deplartmenil with nespeat is suah braaah an cellauli. 13.04 How Agreement Is Affected by Provisions Being Held lr%slid: Many p1no0sion cdtl'isAgneamanl is helc irnalid, tTe nElmaindan cd this AgreElmani shall mat be affeclec. Ini suah an inslanicle, 1hEI rarrlaindEln \&oulc then acintinua to aanllorm to QEl lerrrls anc requinamenils cdappllicatIs law. 13.05 Bonus or Carrlmission: By exacIu lior of the Adneement, the Agenay nepinesenils 1h at it has nut plaie anic , also agrees nal Io play, any bonus or aclrrlmission for Ilia punpase of abiair ing an aplpno�al cd its aplplliaalion fan 1hEl firiancling h araL nc an. 121.06 Slats Law: Nolhimcl ini'Ihe AgreElmenl shall require 1h El Agency Ia otsEIrVe an anfcmae aclrrlpllianicle willh any pino�isian on plerfonrrl any aai or ca any other ilhincl in aonilraventiun of any applicable slaie law. If any cd'Ihe provisions of ilia Agreamenil \iolale aniy apppliclable slain law, the Aclenay will at ancla rialily 'Ihe Deplartmanil in wniting in orcer thai aplpinopiniale all anges anc mocitcatians may be mace by the Deparmenl and tlia Agency Io the and that the Ageniay may praCead as soon as possib Is %flh 1h EI pinojecrl. 13.01 Plans and Spleuificatians: Ini Iha event II -al this Aclueement irivcll\jes canslrucling anc equiplpind of faalhtias, the Aganny shall submit to the Dapartment lbr appno\al all apipnapniale pilaris and spieaifiaalians covEmincl the pinajeal. the Deplarmanl will rEIviEIV1 all plans aric speciilicaticlns and will issue tcl IhEI Agancly a tirittan aplpinawal wish any aplpnaved plartionis oil the pinojecrl anc commenils or neclammercalicns aa�ening ary uamainCen oil Il -e pinojEla'l deemed aplplraplriale. AfIEnI rElsclluticlri cd 1hElse aammElrits and recarrlmem atians IcI the Department's salisfaclion, 111a DepartmElrt will issue 'la ilhe A gemay a wnilileni appino�al will- said nElmainden cd the pinojeat. Failune IcI obtairi '[his wniilem aplpino\jal shall be sufficlienl clause oil nanpaymert by the Deplartmenil. The Ageray will pl-ysiaally inChda Ranm FHWA-12713 in all ils aontracls anic su bclanlnaals. 111(I8 RigFl-of-Wary Certification: Uploni clomplE1lion of righ1-o1-\nay aciivilies on the prajaci, the Agancly must clertify aorripllianaa "ilh all applicable feceral and siaie nequirernanls. Cerlificlalian is nequirElC Anion to ac�ertisamanh fan an soliaitaticln of bic s fan aonslnu aJon of lha pplojeclt, inclu c ing Those plrajecls liar which nice right-oikA ay is nequ inec . 13.09 Agciricly Cerliflcation: Tha Agency trill Mirtify in \nniiing, pinior to pinojecrl alaseaui 1hal the pinojecrl was campllelec in aaclarcancle tiith applicable plans aria speoificlalians, is in pllaae on the Agency's faaility, acaquate fitlEl is in the Ageniq's rams, and tl-a plrajecl is aclaepltec by the Aganay as suilablEl llorihe inlaniced punplosa. 13.10 Agneement Roumat: All wands usec herein ini Ilia singulan farm sliall exlend to and inaluce the plural. All wands usec in the pllunal farm shall ,sand to anc imclluca 1hEI singulars. All tiores used in any gencer shall exlenic to anc inicduc EI all gencers. 1:1.11 ffiieculliori of Agreement: This AclueElrrlerrl rrlay be simultanEiausdy e�eclutad ini a minimum of two aaunlerplarts, each cdwhiclh so Elxeaulec shall bEl deemed 10 be an original anc suah aountemparts ioclathar shall canstilLie ane in the sarrle irisinumerit. '13.12 Rlelstrictions on L at t ying: Rederal: We Agancly agrees Tal mo faclovally-appinopinialed funds hE E1 teen paic, or will be paie by on or b&ahl oil lhEl Agarcy, la anpansan Ion influencing on atlerrlpllimg 'lo irfluencia any officen an Eirrlpilayee of any federal ageniay, a WmLan cli Congress, an offiaen on amplloyea oil Corgr(iss an an emplayea o1 a Memter o1 CongrEss in clonreclion \pith 1hEi a\narcing of any 1EICEiral claninaat, the making oll any fadanal gnarit, ihEi maNing of ary IeCEIraI loar, the anlering irito of any aoopEinalivEi agrEiarrlenl, and the e)tElrisliari, aonilinuatiari, nemEl%al, amenicalenil cin madiflcalion of any liecElnal canlnaclt, grand, loan an aoapleratNe acpleemElrit. STATE OF FI ORIDA 09flARTMINI OH TRANSPCIF IATICIN 531-010140 LCICAIL AGENCY PROGRAM AGREEMENT UCIION 9URNORT—e/11 A age 17 111 any Tunics oilhen ihari lacerally-apprapriatec furies have deeni paic ty the Aganay la any person far influericinig an attempting la influeniae an ciffiCEIn cul Elrrlpllayee till any fElceral aclency, a Merriter of Carigress, an cifliaem cul erripllayee cd Carigress or an eMplloyee of a NEirriter of CarigrElsa in aonineatiari with this Agreement, the LnidEuisigrec shall aampleie anic submit Slancand Fanm-LUL, "Di;iciloaurEl Farm to Replort Lattyirg," in aaaarcaniciewilh its imslluatiari.i. The Agenay sh all require that the lani(lu aga of phis plaiiacplapll- Le inialu c ed iri the awanc daau rrierits kir all su taln arcs at all tiem ilinclucing .n.Laaniracils, sutgranlls, anc aaninaats uncer cpianil% loans, anc aaapleratNe agreements) vinic that all clLbreaipliElrits shall certify anc c is(daso aacanc irgly. Stale: Na ilurids rEICElivec AILn;iLanii ici This carilnaat may Ile Eixparidec for lotltyimcl 11he LEigislaiure, thejudiaial tnanah ora stale agenay. 13.13 Maintenance: T116 Acleray acpiees to mainllaini any grajed roll an the Silala HigNay System oonsllrucrlec u nicer ,his Agreement. 11 the ACIericy ocirisirualls aniy impia%emend an Department night-cik%ay, the Agenay ® will ❑ NAill neat maini'lairl ih EI impravemenis made for iheiin a seilul life. 13.14 Verlcars Ricldls: Vericors Ilin this caUrrienll icerdifiec as Ifle Ageniay) pinovidinicl clacids arie services Ia iha Deplarmerl Eihoulc la a\Aare oil IhEi fallowirig lime ilrames. Upon necieipli, llhe Deplartmend has 3CI wankirig cat's tci insgecit and apprave the gciads aric services uHess the tic sgeaificialianls, gunahasE1 arc an an aan1rad .ipecdies oihElrwise. The DeplarrrlEinll has 20 cays to deliver a requEist llor playmerit (vouahau) to the Departmerit o11 Hiraniaial Sarvicies. llhe 2(I days sine rriaasLnec Ilram the IaitEin o1 the catEi the ir%aiCE1 is recEINEIC or Ifle gocics cin serviaEis ane reoeivec, inisgecitEid, anc agAlnavec. If a payment is rias availat le wish iri z Cl c ays aflEir necieipli cif the irivaicie anc the necieipli, inspleatiar, anc arprowil of goads anc services, a sepaualle inllerElsl perially in aaaandarica with EIedioni �115.4,'Q113; IIb;, Flonica Statuses, will Le cLa anc playable in adcition Io the irvoicie amourit to the Agericy. Irtenest AlerialiEia 011IEIss than ane $11 will poll to Einfaraec unllEiss the Ageriay rEIgUEl81s qai mend. Imaices which have Ila Le nelLrniec to the Agenay bElaaLsEI of Agenay pnepaua1an errars Will nest It iri a c elay in the payment. llhe irivaicie qai mend neclu inemenits ca neat start a nllil a pragerly ciompllalac in %oiae is pravic ec ici the C egartmerit. A Verclon OmtlLuimari has teem a.datlishEIC withini the DEigartmerit of niriamaial ServiCEIS. The duties oil this ircMCLal inialude adincl as am ad%acate fan Adericies lnho may to ElxplEnienciincl prcitlems it attairirig timely payment(s) ilram the ❑eprtmerit. The Veridon Clrrld Ldsiman may be aonilaated al E 90-4'13-951E1. 121.19 Reimd a rsement of Rederal Funds: The ACIericy shall aamply \Aiih all appliaad IEi Tec oral gu is elinas, pinoaec Lues, stmt ue(lu Isiticiris. If al aniy lime a nev iew dant u ciec d y Department anc cul HHWA nev eals Thai the applliciad le fec Emal gu is eliries, pracec u ia.l, anc rEigu lotions wane not followed Ly llhe Ageniay and FIF WA recluires neimftnsemenii of llhe funcs, the Ageniay mill de nesplanisiLle fan neplayrriffil to the Deplartmenii of all funcs awandElc L ricl ul the terms of Ihis Agreement. 13.16 8- VERIFY the Agenay: I. spall utiliae 11he L .S. Department cif Hcirudarc SeUnity's E -Verify syStElrrl to verify the eMplloymenI Ediclitiliiy oil all nElw Eimplloyees hinec dy Aclemciy c Luing the tElnm cif the (icinlnaal; anic 2. shall Eixpinessly uecluine aniy sutacirtnacians pElrfarming wark cm plrcivic ing services punaLand ici the aide carInacit la IikeWiaEI i liliae the U.S. Deplarimenll cif HarrlEdamc Security's 8 -Verify ciy.dem to veriily 1hEl erriplayrrlEirt eligitility till all nEM emplloyaes hinec dy the sudaondradon curinig the cianllracrl term. STA79 ON RLORIDA DEPARTMENT CIF 7RANSNORTAVON 575-410-40 RT LOCAL AGENCY PROGRAM AGRBBMBNT P�ECTd0�4$_�Page/13 I� WITf ESS WHORECIF, ihEl pleries AGE� C ThEI ity cd Delna y EI ch By: NamEl: , V.,6 these pinElserlis I bEi a>eau'lEid tIlEI cay a rid ye I ri a �! tiJ STAVE OF RLCI IDA DEPARTMEf T O NS TI� �0 By: G Name: ERRY 'REILL'9, P.E.UF e Tile: Dinocitan of Tralnsplorta ficin Deve prnElrit AflElai: U +� r Tiil��v-'n. , II ElgB I REMEIU : AlltclnnlEly Sae aita shed Eriourrlt nariac Fanm llor c atEl a1 fl. nc inig aplpna) STATE CIF RLCIF 10A DEIPARTMEIP11 CIR TRANSPCIRTATICIN 57°I -010-4U LOCIAL AGENCY RROGRAM AGREEMENTRRgDUCTICIN SUPPCIRT oeioa Rage 14 EIXF IBIT "'I" SINGIL 0.4 L DIT ACT Reiderd Res cru ices A wardec to th ei Recipient Flu i suanlll Ila This Agreement Cons is 1 cif the Hollowing: Ruderal Agency: REICEmal Ficlhway Acminislnalion CHDA Al: ai.2a5 F iclhway Manning and Carislnualian A rriciu ril: $ 3,,18c1,8,e a.C1a REldEmal A rriciu ril: $9,0°I'l ,EIa4.0(1 :Hale Compliance Requii ement: A llowzit le Aciliv illiers: To be eligible, rricisi ppiajeets must d El loaalec ori pau t Iic naac s 1h al arEi ncit fu riclionally c lassiilied a:r local. The majcm exceRllioris area the HigNay Briccle ReFllaceirrieinl and Rerabililaticiri Program, whish plrcivideis assislarice far briccles ori aric off the fedenal-aic hiclhways, hiclhHay safely aeti%itieis, biciycile and Rledesliian parajecls, lranisFlortaliori erihariaerrierit aalivilies, the 116cnealiorial Nails pprocpram, anc planning, nesEiauch, deivelciplmEinl, anc leahncilcigy lranisleu. PrciFlosed pincjeais rrieieiinig these anc olhen planniincl, cosign, erivircrnimerilal, safety, eic., reiquireimEinils sari be aplpinovec on lhEI tlasis cif slate aric local puicmitie:r H i1h in the limit of 1hEi ilurics aplplortioried crr alloaai6c 1a each slatEi. Allowable Casts: Eligidle aalivilies and allocable costs will be dEItEI1IMirle( in accarceinee with Title 2"1 anc Tills 4c C.F.R. anc the OMB cost pniriciFllEis arlrllicabla to the recipierit/sub-neeipliEinl. Eligibility: By law, 1h Ei ilec Emal-aid highway ppiopiam is a sec erally assislec states piiagram lhal nequireis each slates to have a suitably Eicluiplpaec anc cmclanized InarisRlaraticin dEiFlartmeril. TheurefarEi, mass plrcrjeials ane adminislemec ty cur tl-rcugh State Deparrrienils oil Trarisplartalion 11.11ale OClllsI. Rnojecrls to be ilurICEid uricer the ilecEiral-aid hicll•mir plrcigram ane clenenally selected liy state DCITs on NErinoplclitari Manning Onganiaalians QMPOsr;, in ccropenaliori with aplpinopiniale kcal officials, as sRlEiaiilie( iri �Ic1 U.S.C. aric imRllerTlEiniiirig regulalioris. llenrilonial 1-igh%Aay pprojecrls a1IE1 luridec in the same mariner as tither feideual-aic hiclhway pucrjecls, with th6lemrilouial lrarisFlartatian aclericy lurialioriiricl in a manner similan to a siale DCII. Mcisi FeCElral Land High%Aay Rnocpiam IJRLFP; pncrjecls ane acminislenec by the Reiceiral Highway Adminisdnaticin JRHWA) Clfflae cif Redenal Lands Hiclhway aric its Divisicrn:r crr Uy the various Rlcmida Laric Managemenl Agencies QRLMAs;. Under the FLHR, pmjEicls iri the Iridian R6SEINaticin Roac ilIRR; Program ane sedealec by Iiiibal Gavennmerils anc ane aplprcrved by the Blneclu of Inciari Affain:r IlBIAl and the FHWA. Duel 10 ueceint legislation, lnibal Goveunmerils meieting certain neClOrements may new acminisier vauicius IRR Flnojecrls cin beihalf cd the BIA anc RFIAA. The Rish aric Wildliilei Service IJMAS9 and lhei Nacional Rark Service JNRS; sedecl pprojecrls in the Refugei Road grid Pauk Rcia(s aric Rarkways Rnocpiams, reisplecli Elly. Fon the F0116st HighvAay Rnacpiam, 1hEi ROIIEIs1 Service, 1hEi Males aric the FHWA jairitly seleat ppiojeets. Carripliarnice Requirements AFIFIIicable tci they Rederal Resourcies Amiaided Flunsuanit 10 this Agiecirr it Are As Follcimis: The reciRlierit oil Lcical Agericry Pnoclnam ill -AR) iluricincl MUll corriplly with the slaluiary necluiuemerilsi iri SEIClioris 1 I3.C61, ala.<<la, :1"19.12, avid 3'IR1215, Rlcmida Statutes, and Title X1:1 and Title a 9, C.R.R. 515-410-411 STATE OF RI ORIO A 3HPA RTMONT OF TRAMSRO RIATION PR0 JRCT MAW GEMENT 0 FRICR LOCAL AGENCIYPROGRAM ACREEMENTPaine ip1 17 RPN: 4ACI41121-11-98-a'1 & 42ICI4112I-2-98-C11 EXHIBIT "A" PROJEC T CIESIC RIPTION AN 0 RESIPONSIIBILl'Il I -this Elmhitit farms arl irltElgrail plait cif 11he AgrEiernenl retwElElnl the Slei IEI cif Florica, Departawnrl cil Tnalrlsplarlallarl arlc Ther CIN of Dalray Boaclh Dalec 7 RRO, ECT LOCATION: SR9J 1-18-'1 fnam SOL& cd F anbansicEl Dri%El io Banc Wary anc Atlanrlia Ave fnom CICIL'IhbClLnc UCl-'1 tcl Narthldaunc Ucl-'1 The prcijElCll X is on ❑ is rioll an tIlEl Naliomal Highway SystEim -91he prajeal X is ori ❑ is ncll oni the Elialo Highway SyslElm RRO,ECiI DESCRIPTION: Milling arid resLriaclirlg on recarlsALcliirlg plus landscaping, lighting, and mirror drainage impnCNElrrents. SRECIAL CONSIDERATICP BY TF E AC ENCY: ThEI aucii nepartils', rElcuired in t1re AgrElemenii shall irialuce a ':IcihEICLIe cd Prajeci AssislaricEI thal will IlElflElcl llhe DEIPMtalent's aciritnaat Urrlter, the Rinariaial RnojElcrl NumbEll (IFPI`;, the FecElnal ALToriaaiion NLrrlten ARAN], whEino alplpllicatle, the arnalUnll cd Seale luricirig adian Ilnecleipi aerie cistUnsElrrlElnrl of kriids), any Reeeral or laaal fLncirig aclticin, and thEl furiding acdicin from any cithen sclerae Wlh nespleclt ilo the pincijea9. TH El A gemcly is nElc uirEle a pravic El a aapy of iH El eesigri plans for th a DElplartmeril's nev iam anic appraval to cloculdinGlEl plenmittinlg Wth the DepalrtmEid, anc ncrJIN the DepartrnEirrl pinior la aonimencerrlent cd any nighi-cif-way aidiviiies. The Ageriay shall carnnnarlcle iHEI plrcijecls aclivilies sLtslequElnl to the ED(eclullian cd lHisl AgrElemerii aerie shall plElrfarm in aaaarcarue with the 1cillciwiriq sdadukl! all NJA StLey 9a to campllelEld ty N.IA QFIhE se 18 E ric 22161 LAP Agreamenk,i; tl Design la to campllelec on on tefano NIIA QFIhE sa 38 LAP Agraemeri ki) a; Riclhl-oll-Way rElqu iremerilEi is Elnlifiec and plrcivic EIC ice She DElplartmerit by . (All LAPS reclu/r/rig FVWI (Elisllrict wiA4 hs ndle alll Rigtlil-af-1/s y, scdviiliesi cin LAPS, MEM ds de wauld bEl stet By Ma nec assn ry tirriaframe to compkitei P/W E cJvidesi) d' Right -d -Way la to Cartiiliec pinior la ad%Elrtisirig fon Coris0ivaticiri. (AIII PtIESEI 58 LAPS). e, Ccirislrualliari carilnaclt la tEl let an or bEdoue C17J1,1201A IIForFIhE se 58 LAPsi,l (ITtlisi dsta waUd be E dor to dfla Eind of df1Ei Fisica / Yea r Hila d the Ptlas ici 661 is prciglrE rruricic in FM,I f) Corislnucltian tcl to aompllEltEla an ar bElkule ciazlIaJa014 (FV7ESlEI 5EI LIAFlAcliiecirrlEirtsiiI If this schedulEl aannicit to nlEli, the AClElnay will ncilify ihEI DElplartmerit in wniting with a nElvislEld Ei&adukl or the pinojeal is ElUHjElall io 'Ihe willhc nam al cif fedenal fu riding. Vis plrcijElci isl ilon Canistruatiani orily wilt lluricinig ini 1HEI year ACI'1'I / 20,12 in the amourit of $I7I,2l4'l,4,e4.(ICI. Uplani EIXElaUliorl oil this agreamenii ty all plartiesl 1HEI Departn'IElnrl gill pravice io the Agenay CNE EXECU1ED AGREEMENT an( a ItC710E 7C RROCEED. 111'El AgElricy shoulc noll slalrt any ccirislrualiani pinior tcl t118 EXECUTED AGREEMENT aeric a NOTICE TC PROCEED. THEI Agericly will cirily to rElirriturslec fcin aaslis inclLnied after thEl eNeclWad algrElEln'IEInil (ata aric plrian to the agrElemenil ar tima eNtEimiian (lif rElCuirElc ty a UElc Lest fan a lime eNlElrisliorl 1norrl tie AdElnay; dalo. Arly unusec fu rids) w ill HEI c elelec by iHe DepartrTlEln'l and the REleenal-Aid CfficlEI L p>lori aampleliori arlc final billing. L plan aclnlpllElticin cif the prcijecH the Ac ericly is rElcuirElc tcl ricitilly the DElplartmerH of the dale oil clomgllElticiri and firial invaicing. ThEI Departmerrl malt' necuinEi art cirlsile imipleaiicirl with ihEl AgerioN. SRECIAL C CNSIDIERATIC NS BV DERA RTMEN T: 9TATECIFFLOF IDA 09RARTMFIFI7(IRTRANSPCIRTATICIN 920-010-00 LOCAL AGENCIY PROGRAM AGREE ME NII Rfla.IECTMANAG9MENTCIFFIC9 oaiar Rage 19 E)4 H 1131-111 "Ei" SCh EEIUL13 CIR FUNDING AGENCY N AMB 81 BILLING ADDRESS FIRN : -it a Cliiy of Ualray Eeach 420/'12-1-58-0' &4004'2-21-98411 4:14 Soulh SAinion AVEI Dalray Beach, RL :1344 FIRCIJECIT IIESCIRIRINCIh tame: US 'I it 9R-9 aric Allarilic AVEinue Length:4.833 Miles - learnini: Sou 1t1 oil HakOlS C EI Dniv a is Hand Way aric EICIL't bot, rid L S -'I 10 N cir 1, bm ri( L S-1 TYPH CIR WORM By RiElcial Year FUNOIt CI TCITAIL PROJECT FUNDS (2) AIGENCti FUNDS (3) STATE & FEDERAL FUNDS Manning 9006-2007 2007-2008 2908-2909 Total Planning Clait Rraject Developrr en 181 EnviKmrr enil (RD&E) 2006-200 7 209-1-2098 2008-2009 la tal ROM Cla it Design 2006-2007 2007-2008 2008-2009 Notal Design Cost Rigi 1 -c11 -Way 2006-2007 2007-2008 9008-9009 Notal Right -of -Way Cost Clonstmucllian 20'1'1-20'12 DDR 20'1'1-20'12 HRR 20'1'1-20'12 119 2011-2012 A total Construction Cost $5.051.604.00 $5.051.604.00 $1.439.840.00 $1.439.840.00 $750,000.00 $750,000.00 $882.000.00 $882,000.00 $0.00 882 000.00 57 241 444.00 $8.123.444.00 Ccroslinucticin Engineering and InsF1ec11ian (CIEI) 2006-2001 2007-2008 2008-2009 Notal CIBI Cost Notal Construction and CBI Costs 11011AL COST OF TH E RROAG11 $8,123,444.00 $882,000.00 $7,241,444.00 11110 DElpadment's 'liscal yean begins an July 'I. Ror chis pajeci, flunds are noil plRojOCIEu is to availatlE1 until AM 11 a 'I sl al July of each fiscal yEiar. The DEipariment mill noiiN thEi A9lancy, in mi'ling, when lluncs we availatlel. 9IATECIFNLCIHIDA 09gARTMMN7CINTRANSPCIFIIATICIN 92l-010-40 LOC AIL AGES C Y PROGRAM AIGRIEEMU TI PRCIDUCIICUI SUggClql U/11 gag( 11 EXHIBIT "L" LANDSCAREMAI�TENAINCE AGIREEMENTIILMAj Paraguaph 13.13 is e>paindec ty the 1cllcwind: The Depar mend and the Aclerlay agnec as klllcws: 'I. Until Suoh lirrlEl as the pinojecrl is uemoved fnam 1h EI pnojecd liiclhway plursuant ila plaragraphs 21 and 9 of this LMA, the Agency shall, al all timEIS, mainrAin the prajecd in a reasanatle manrlEin aric wi'lh cuEl care in aaaondariw with all applicable Department duideliries, slarldares, aric plracecurEls Neneiriaften callec "Rnojecrl Slarlcares." Specifically, ihEl AgElnay agrees 'la: a' PuapEudy waien an( lElrtiliae all pllanils, keeping 'Ihem as fneEl as plracdicatle Ilnom ciscasu anc hannrllul inisecis; t; Properly mL loh plant H EIC S; a; KeElcl IM El pinemises fneEl C11 Weeds; c Mow and for aul the guass tc Ilhe pnapaii length; al Rnoplerly pnurlEl all plarlls which nesplorlsibility incluces rElmciving cea( ou ciseasec pars of pllanlis anc llon pinu ping SL ah par s th ereaf w h ich pineserli a v iSL al h aaarc far 'I hose using ih a noac way ; and fl Remove cul neplaoe dear an ciseasec plants in thein erdirety, or remciva on rElpllaae lhase plarlis Ilhal ilall telow cmidirlal Prajecl Slarlcares. Th EI Aclenay agneEls la rElplair, remove an nepllaC8 at ills awl EIYpEIrISEI all an plart oil the prajeci Tal falls belcw Rnojecrl Stan( ands cause( by ihEl PgeriaN's lailune to mairllairl the sarTIEl in aaconcarice with ihEI pnavisiorls cd this LMP. In the evElnrl any part cul plartsl al the pirajUall, iriciludincl plants, has Ila be nElrrrcvElc zinc nerllaaElc ilon w haiever rElascinl, IIhEIrI ihEry shall to replace( ty pars cd -Ihe same cluada, size, aric splecillioalicin as rinovicec in ihEi anidinal plans fern the pnajecit. RurthEuimore, Ilhe Pgerlcp agrees llo keep liner rElmcivElc from ihEl pluoject h iclhway. J. Maintenariau oil the ppioject shall tle Sutljectll to plenicidic inEiplecticinci by ilhe Deplartmerii. Irl the evenll Thai any cll the afanernariticinec respandIcilities are rlcit canriElc aul cin ane ollhurwisie celerminac ty the Derlartmeni la ricd be in canfanmariae wish the applicatllEl Prcijeai Sllaricares, the Department, in acdilicin to its night of lerminaticiri LrldErn paragnaph 4(a), may al its opiiori plerfouri aniy neaessary mairllerlanae willhout Ilhe rived o'l any plrion nolliaU and aharge the cast thereaf la th a Aclenay. :I. li is urldensiloac hEltweeri the plarties herald that any plorticin cd an IHO erltiiia pluoject may tle rElmaWid, relacated or adjusted at anly time iri the ilullurEl as deleurnirlec lo to rlElaessiary by the Department in ouden that the acjaaElrlt sllalle naad be wicElnec, allerEld ar oilherwi:ie ohangec lo meet Will- ihEl ilulluIIEI criteria cui pllannirig cdllhe Deplartmerll. The Agency shall tEI cliverl ricitice negandirig such uemoval, rEdacaticin cm acjusdmerlt aric sihall to allawec EICI c aysi Ila remove all an part o-1 the pinajeoll al its awn Iasi. Ve AclElncy will o\An Ilhai Alar oil IIhEI plrcijElci ii remcivEld. AftEui Ilhe 60-cay rarrlcival peuiad, the DepartrTlElrit will becorTIEI the owner of the urinesolvEld plclrlian cd iha p1mi0a9, an( Me DElplartmerli than may nemcive, redciaaie ar a(jLSIl the prajeci as it deems test, with the Aclenay being resrlcinlsitle ilor the cosh inaunied fan ihEl rarricival oil tTe plrcijElai. � . phis LMA may be lermirlated uric en ariy cine oil ihEl ilollowind candilliansr a) % the Deplartmerii, ilihe AclElncy flails lo pElrfanm HS cubes urICElr this LMA lollawincl 19 cays' wnittElrl riatiae; ar IIA1E CIn FI ARIDA DEF A HIM ENT aF 7RAW CIRIAII&I V5-41 CA0 CIAIL AGENCY RRICICIWM AGREEMENT 10/10 LCI 1a1a Pace 18 EXHIBIT "L" dcoritinued] LANDSCAREM Alt TENAt C8 AGREEMONT 111. MAI b; By eiihen plarty 11ollowing 60-aaleric an cat's' wnitleri ricliiae. El. Ini IHS ElvElrlt This LMA is tElnminialec in aacandariaEl Hii11 panaclnaph 4 henwil, 111a AdElricy shall Hava 60 cays after 0EI dale Lpori which chis LMA is Elffectlively 1Elnminiaiec to nElrTicivEl all an par oil the nemairiirig pinojeal all its awri cast aric ElxplEinse. The AclElricy will awn thal par oilIhEI prajeci ii nemavec. AftEin 1hEI 6(1 -cat' r8maval plEmioc, 11`8 DeplarrrlElnill lhElri may take arty acliori wii11 the pinajacill highHay or all an part ollihe p ajeclt it dEIElrris best, wi'lh AEI Aguriay t8ing nElsparisitle ilou aniy r8mau al costs iricu nnEIC . 6. This LMA Elrrltadius the erlllrEl agreElmerll arIC uncEmatarldirlcl tetwEieiri the pariEls 118nolo, aric ihenEl ane rici Clther agnElElrrlenlVs oil LnlcElnsiarlcincls, coral or "nlitElrl, %Aith neferElrlcEI to 11he Elubjecit mailer henucif Thai arEl rlai rrIEIIIgEIC hereini anc supEllnsElcec hEmety. 7. phis LMA may ricit be assigr1EIC cin Inarisfanim by the Agerucly, in whale ar irii Alar, wii11ciut aoriserii oil 1118 Deplartmerii. 8. This LNA shall to gcivenniec by avid carisioLec iru aaacidariaEl %Aiih the IwAs of 1hEl S'latEl cil Rlarical. 9. All nalliaes, cemancs, rElquasls arI oi118rl iris'lnumerits shall tEl di%ari ty cepasiiirig iho sarTiEl ini 1hEI U.S. mail, plaslag8 preplaid, nledistEMElc an certillied wish neiunn necieipli rlegLestBc: a) 111 is 1hEl DEIFIartmElrit, adc nessec io: EIIlEm Dariial, CPM, P.Ell. Local Nagram Engirieen 3� GO "est CarrimEmcial BNc Rort Laucercale, RL 33309 Cin a1 suah ather acerElss as the Deplalrimerli may fnom tirrlEl I tiam c Elsiclrlaie ty H rlltlerl rlciticie to I H a AdElricy; alnd bJ 11Ita Ma AclElrlcy, aCdraSsed ta: Ran(all L. Kneicanck, P.Ell. City ElriginElElr 434 Sauth S%A iritan A%e Delncly EIEIach, FL 3:1444 or M suciH oihou c'ICc Iless as -the Ageriay may lrcirrl lime to lime eesigricilo by writtElnl rloliao tcl 111 EI Depar rriari'l. '10. This LMr, jf aiiachec as an Elxhitii 10 1116 AgrElemeril, farms ari inrlegral part of the AgIlElemerit tetwElElni 1hEI Flarties carled 1 All IirrIEI limit pravic ed heiieuricer shall nluri fnom the dale of iiwaipli cil all such nloliCaS, cemarics, nequests, aric aiher iristnumerils. STATE CIF RLCIRIDA DEPARTMEIM CIR TRANSPCIRTATICIN 921-010-40 LOCAL AGENCY PROGRAN AGREEMENTPRCIDlI4 ICIP ;IIRRCI/0 olI ios Rage 19 EXHIBIT "RL" RC ADW AY LICHTING MAINTENANCO AGREEMONT IRLMA) Ranagraplii 1:1.141 is Eixpan( Eid ty 1hE1 fallawing: 'I. a' ThE1 Agericly shall, at its sC11E1 cast and E1xp1E1nse, maintain thE1 Misting or abaul Ic1 It El iristalkid naacway lighting syslem throughout its EaplecdEic usEdul IifEi unless anc until this Eahitit is supEulsEicec by a S9a'le Highway MairltEinanloEl arlc Ccmplensakin AclneEirmint. tl; In mainllaining the naacway Iiclhtirlq syslem, the Pgerlcly shall plerf iwn sill activilies n0ciessarjl iia kE1E1pl the naadway lighting aystEim fully and K1110PEudy furlalioning, wish a minimum of 9(1% lighl:i bumirlcl fcm airy lighting typ16 JELCI., high mast, sAn( anc, Ln( E111 c E1ck, siclri) ar noacwaiy system at all times fan 111 did nanmal Ea ple4d is u seilul lisle in aaaclrc anae wilh the ariclinal cosign 11`16rEicif, whElther necesisi'la'led by nlclrmal wE1ar anlc lean, aCI&Elntal ar inlanllianal c amage On aicils oil nalum. Sai( maintenarlae shall incluce, but rid Iimilec ta, clnw idirlcl electniaal plowEin anc playing ad1 ahamgEls assaaiatEld IherElwiilh, noutirlEl insplaclion anc ilesiting, pplevenlatiVE1 mairltElnanaEI, emengenq mdni Einariw, rElpllaaemerll oil ainy carnPlonlE1n11 parts cd the fldWiEis (irlclucing thE1 plale:i and arty anc all olhErl ciompclnerll parts insiallec as part cd the fa1c11111aa;, and the laaallrlcl I1tolh VEIr lclally alrlc horizorllallly) O'I lhE1'lac111lles as may bE1 rIEIOEissary. a; All maintenancE1 shall bE1 irI aaacmdanac with the pravidans cif the fallcminlq: 1j'I; Marlual of Unifcmm Tnaffic Corltnal DeviaEls (IMI TCD ; anc 112 All olhEM aplplliaat le ICICE11, stalte ar Ile( E1nal laws, rules, rE1801U110ris an orc inan cies arlc Department pinoce( L nE1s. Rccionc Keepirlg The AdElnay shall keepl neoores cif all activities porfanmec pursuant to this RLIVA. The neoores shzill to kept in such ilormat as is aPFlnove( by Ihe DepartmElrlt. E EifaUlt In the evEint tha'1 the Agency tmad Els arty cd the pimisiorls al: me, 'Then in acditicln to arty cilhen nemecies which ane atherwisE1 pinovicec 'lar in this AgneElrmini, the DeFlarlmerit may eNElraisEI OnIE1 an mcme oil Ihe ilalloNAing clptians, pnavica( 11 hal at rlci Iime shall 111 E1 Deparrmini hE1 Elnrlillec ilo neceive coutlE1 ne(IclVElryl of damages: a) RL nsue a claim 'lar ( amages su ffEmec t y th a DElpartmend an the plu t tic. tj RGrsuE1 airly oilhen name( iE1s legally availatle. c' Ps to any wank not FlerforrTlac t the PgElncy, porkinm any wank wilh its oNAn 1011cE18 cir 1Hnouclh corllraalors anc seek mirTi umarnenll far -Ihe cast tharocif 'Inom the Pgerlcy, if ithE1 AgElrlay tails 10 UrE1 ihE1 ricin-Flerformanca within 1,e calcrldan c ays after wnitlerl rlcitiae 1rcim 'Ihe DeFlartmerll; hawEn en, that acwinw nolica and cmie shall not to Flnecorlciticlns in IhE1 E1ven11 o'I arl Elmergenay. STA79 OF1 FLORIDA DEPARTMENT OF IR/ PIE F ORIAIION 59 9-010�Ic LOCAL AGENCY PRC GRAM AC REEMEN11 PRODUCTION; UPPORT Wae Page 90 EXHIBIT "RL" dcorillinueidj ROADWAY LIGE TNING MAIN TEN A N C EI A G REEIM ONT ijRLMA ) Fuici I MajEIL nEI Neilher the Agency rlan ih8 Department shall bEi liablEl to Te atter lcui any failune is perfanm urideu This Eoititil tci 1HEI EIrIEIrit such pElrfanmarICIE1 is prEIVElrrlEld by an actll of Go(, wan, niois, naiuual cataslraphEi cm oihen evElni beyoric iHEI aoritnal cif Te riori-pEirfanming party anc wtiah ccwld not Lave teens avoicEic cm civEuicarre ty the 8NEnclise 011cLe diligeriae, plravi( Eid 1118 party claiming tte eNcluse foam Flerforrr eircie 1 -as: a) PnamFlily ricitiliec the o1hE11I party o111te cicaunieriae anic its es'limate c Lnaiion, t Pnampily rEirriEldiec cul n iiigaiec the effEici,l cif'lhe oaaLiirEiriCEl to'lte eNierit pcisEiitle, Eind a; REISL fried FlerFanmaruae as soon Ess Flossih IEI. M isaellariEiau s a' The paries urideidaric and agnae shall 1110 DeFlarrriElni 1 -as manuals and wisher Flciliaies and pucicEIduues vvhict shall to appliciable ai the time of ite prajeai arld 1he relacatian cif the laciiliiies vrid 8xaepi Thai UE] Agenay and ihEi Deparmen'l may Nive Elnier8d iriiio jciirrl agrElemenils fan utility work lo to Flerforn Eld dy a cardiiaatan. To 1110 eNtElnt that such a joirii agrElElmeni Eikisis, this Ealiihii shall not applly la llaailiiies acivenec by the jainrl acpaemEirit. CaFlies of DeAlarlmeni manuals, pciliaies, and FlraaecLnEls will to FlravicEld to the AgerICIN Lrjori rEiquEls'l. t; Time is 011111 El Eisseruoe in the performance cif all oldliclaticins urideu This RLIVA. STATE CF 1LCRI0ADE1PARTM9Pl Cf1TRANSPCRTATICN 121-010-40 LOCAL AGENCY PROGRAM AGREEMENTPRC DICTICPISURRC/1 rano Rage 21 EXHIBIT "I" TRA FIRIC SIGNAL MAINT11i N C Ii C REEIM ENI QIISMA ) RaragraplH 1113 is ail plainic ed by 1111i falloff ing: The pair ies mu'ually aigrae circ cavarianii ais falloffs 1. WhElri'he Disiriat llnaffia OKIEWlionis Engineer of'fie DElplartmerit has senvEic a naquesl ouden on the Ageniay, aric the desigmatEic officien oil lhE1 Agemcly hzis lla\aratly ackncmle(cla( the requEls'l oneer, thEl AgEiria) Si uni(ElrakEl the relspansitilitias to maintain and apanale misting ar new traffic signeils anc signal sysiems mEintianec im -Ihe nuquesl anclan. 2. The plrciplose( furialiomal eesign and apleratian oil mew lrallic siclnials anc signal syslerns shall de reivie\Le( ty lihe Ageniay in aorljunatiari Hilh the Deparmant Fluiar to installation. Suad design ainc oplEmEliom will to ais ememdy ElfficiElrrl as plossit le. J. Ilhe installatiari cd signals cm sidnail systems shall not an(anigEnl higli 'na\el anic shall be aanicuclec iri aaaarcainicie with Part uI of the Manwail oni l riilcmm Traffic Ccinrinol DEI\icas QMUIICCI;, as ElmElridec, anic Hith all alpplliaablEl Derlairmenil sianicares, splacillicaitiaris and plains davEmnincl iraiffic aoniiral fan slrElElt anc highway aanistnuatian anic mairltElniariaEi. z. Ilhe Aganay shall dEI respansitle tan the maimienlance and aantinuous apleratian of the iralffic signals Elrid signal sysllems (cieniiral aampluien, aEurlElnas, Message signis, anic aommumiciationis inil enaarinieat), sahcial aonlEl'nEiffia aoritral ce0aes, inileusEia'lian flashing tElElaonis, illuminalEic stneei sidri marries, ainic the paymenii of elEiailniaity ani( elecitnical changes iricu nrElC iri cloniriElcdiari \Lith the oplEiiiion cd such Inaffla signails anic signal systems upon clomKllEltiari cif Their inistallariicin. Iri the caisE1 oil ccinislrucliori aciritnaats, 111Ei Agenicly shall to nesplonisible ii the playmcrit of aleatniaity ani( Eleclricial cihangEls iricunrElC in aarinecitian \Aiih the operation of the traffic signals anc signal systEirris, anic shall urieertEike 111Ei mainlerianicie ani( acinilinivaus oplEmalion oil sat( Inaffia signiails anc signial sysiems uplom firial aiaaeplanicie oil lhEl installation ty the DEipiartmemi. Rapain cm neplaaernent Elne other rElsKlansitililies of the inslall0ion cianluicrlcir anic ihEi Deputrriarrl, dunind the bunni-ini penia( te'weEln aonicilioriail anic final aaaeptanicie, ane cioniiainied in the most nElcierit Derlarimenii's EItaindEind cipeaifiaaliariis 11or Rciac Eiric 9nicpE1 Ccinistruclioni. 9. ThEI Ageria) shall mairriain and al iaia 1hEI'nafficl signals anc signal syslems in a muiren'hal \A ill enisune sane ani( eftiaiElrit mo\emerit oil higli tnafficl ainc ilhal aigrEle with mainiamaricE1 pnaicli(lEls pnasaritEld by 1110 Interria'ianal Muniiciipal Signal Assaaialiom ]IMSA) anic ciplenaticinial rElquiremenlls cd the MhIICD, as amElniced. -Re AgElriay's mairtenialncie uesponisibiliiies shall inialuca, bui not de limited ta, prEivElrlti\e malintanariae (pericicia inspeatian, scNiaEI, anc rciu'lirlEl nepains), ani( EirnfflgEiniay mairrlanariaEl Qlraubleshociting ini the ElvEirit oil Elquipmerit mallfuncitiari, failurEl ou c airriagE(. ThEI Ageriay shall neacinc its mairlt0nianiae acliviiies ini a lraftia siclrial mEiiritElrianicie Icig \Ahich shall aoritairi, as a rriiriimum, tnaffia sidrial lag details neccimrriEinic EIC ty the IMSA. EI. ThEI AgElricy may rElmo\e any aorriplcinerit of thEl inistalla( equipIrrlEinrl fcm nai in; howe\ar, iii shall riot make any planmananl rriae ificialionis aridilor equ iplmenil nepllaaerrlElrits u nless th a equ iplrrlElnrl Apia\ is a( is th El same age an nawen ainc is capable cif performing the same iluniaticins. -1i DElplartmerit shall ria'l makEl any madifiaaiioris Eirid/cm ElquiprrlElrit ueplEiaernElrits without prion written nalicEl to the Aclenay. 3. Ilhe Aclenay shall Set auric mainllaini the timirig ainic plhasincl oil the traffic signals ini acciorcaniae with id EI DeplartmenTs liming anc pl img plans, spe(ifiaatians cut splElaial ppio\ isions. The Ac gena' may make moc ifiaalicins in pflasing oil tnaffia signials anc signal sys'lems to aaaarrirriacaile adariginici mElElds oil tnaffia pino\id0c Fliicir wriliEln appno\aI is oblaimEld 1lnarrl MEI DElplartrrlElrit. DeplarimElnll arlplraval shEill to cionilimclenll uplan ari eriginieEluind neplar pliElli ty ar tan the Ac eniay ini aaccm(ancEl with CIElalian 'IA.CI9, "9nginElElnimg Study ain( EniclirlElElrinig JucgmEmii", of ida IUUTCD rElciommericincl such ahEiniges Eirie signed anc sElalec by a cluallifiElc PrcifElssianal 9ngimElan licierisec ini the cliale of l iida. ThEI Agemay may make ahaniges in 111El siclrial iimirig plil idElc'hese cit inges Eine mac El uriden the cineciticiri all a dualifiEle Pnofessiciriail Endiriaer. Ilhe AdElnicy shall senic a signiad Eirid sealElC (lop) o11'he timings la the Department immec iatEly aflan inis'lalla'licini. ThEI Department rElsElrvEis td El night to ElxEuriinle equipment, timing, arid plhasirlg all Ery lime and, aftEui acinsultatian Hi111 the A(18ricy, may specify mocifiaaticinis. 11 111E1 DEIpVrtment SFIElcillies macillicaiian ini timimcl anic/an Klhaisirig, implerrlElritaiticiri of such rriacifiaa'ianis shall bEl caorcinalec Hilh, air mac EI ty thEl AgEiray. 31ATE CIF FI ORIDA DMRARTNINNT ON TRANSPCIHIATICIN 335-410-00 LOCAL AGENCY RROCIRAIM AIGREOMEN11 PRCIOIICTION9UPPCIRT lon0 Page32 EAHIBI11 "T" (corilimCIC j IRA RRIC SIGIS A L MA INTHNA NC E AC REHM EN1 ,17SMA ) EI. THEE Acenay shall nate ins 1H6 mairiteiriariae loc any liminc ariddor plhasirig chariceei and keep a coyly of 1116 timings anic arty agInaval documerldian in a file. SI. THei Aceiriay may eriien irita acneeirn6rils with ather parieei pleirainincl to traffic signals anc signal sysielms inal4diric, Lull ria'l limiteid 1o, agr6emerls redaitirig io casiei anic eocplGrieieis ina4rred in carreciiori m illi the cplenalian of inaffia eiignals aria signal sysiemei ori the Siale Hiclhway Sysilem plimidec chat mch agneem6nts ane aorisisit6rrl with IHEI mutLal aavenaritsi corilairied iri chis IISMA. The Pgeniq shall ftnrish a aaply oil such adreemerlei to 'Ihe 06plartmerl. 'I (I. Thisi TSMA sh all remain ini ilarce du nincl ihei lisle oil the aric irlally inisitalled ec L iplment arc/cm II -e life cd arty replacement ecuiplmenil installed wish 1116 muival carmeni al the plairtiesi 116nelO LnIA eiupem;iedec by a Traffic Sicnal N airiteirianice aric Comperisalion Ac reemerl Leiweler the D6plartmenil aric lhei Ageriq. STATE OFHLCIHIOADEPARTMHPI CIH TRANSPORTATION 575-010-4( LOCAL AGEN CIY PROGRAM AGREBMBN 11 HHgDUCTICIN SUPPORT asno Page 33 BAH 161111 "A" PROJECT ElErnMATE AND 111SIBURIIEIMBNII SCHEDULE FPIN: 420412-1-58-CI1 &4204'12-2-5f1-CI1 This ay 1, it ii ilorms ari iritegral Flart of tl• a AgreEiment betweari iI f• a E talEll of Flcuiic a, ❑Eiclartmerit of TranspartaJari (DepartmEirit) and The Cliiy cif ❑elnay Beach Bated 571Z SIREGIAL CONSIDERATIONS BY AGENCY: TH e following paragii rorllacias Sleotiori 4.00 Plrajeci Esil imatEi and Disk u nsemarit Slch ec a le of the Local Agency Rnognam AclrEiEimenil exEiciuted tatween the Declartmenil and Da�I ec -15 Fl icir 'Ici 'T Ei execution ciil chis Agreemarit, a clnojaot scil- Eic u le of furicing shall be Klneclaned k y We Agency and appi by tli a ❑eclartmenil. Tf e A genoy shall maintain laic scil' ac u le of furic ing, carry ciut tl1 a clnojecil, aric sliall inciu n obligations againsil and make disbursements oil prcijecit funds only iri confcmmity with the lailes,l appro%ec scitedu IEi of fu ric iricl for I El projecil. The schedule cdl ilunding may bEi reg isac by exEiciution cif a LA Fl Supplemental Agreement lretwaEw tl'e Department and the Agency. The Agency acNrtiwlacgas aric agreed it at funding ilor this clnojecil or any AmEmician Recioveryl and Reirivesimenil A cit (JARRA) clnojecil may bEi reducec u pori determination cif the awand amount and e)eouticini of a LAR Slupplemenial A cpaemeni. If a LAR Su FIplamenilal AclraEimenil is ayecu ied, a ccirly oil ire LA R Slupplemenial sl1 ciu Id t e fcirvaarc ec to tll e ❑aclartmei REic Emal-Aid Managemeni Office. STAIE CF It CIRIDA DEPARIMENI CIF 1RM SPCIRTATIaN 52! -010130 FIEDERAL-AID RRC JECI RUNDINGI RECIUEST CaNSIRI CIICIN 08M Pag4 1 at: DAl E AGE N C ti Ci y o1 Dellnary Bealct FE 0E RAIL -AID FRCJOC T NL MBI1Fi 4EI`I4 CACP FIN N L M BER 420412-1-98-0 8 42a412.2• 0I8 -0'I S1ATEI JC B N L MBER 11F PAGE N L MBER _ F FIOJECT IIILEI: Milling and nesurfacirg an necorislrr.clirig portions of US 'I i SR -5 and A11EirndiaAve RRCJEICT TEIRMINI FRC M: Sault of Hartorsic EI Drivel to Bord Way and 5aulhtourid U9-1 La Nartht:ounic US -1 \A ORK RF AISE : ❑ F LAIN N ING ❑ BNVIRC N N ENTAIL C DE SIGF � CC NSl RLC 11C N ❑ RIGHI CF WAN AM ARO TYPE : 51 LOC AIL ❑ LOC AIL FORCES E N � IRCNMEIN TAL UOCUN HNT: N a6 the lyFle of envinann,ein al dacurr enl pnepE nec , inc icalc lhei appicival c tet, anc 1hE1 rr osl nE1aEIn1 reEIVEllUVIi(In CMCI. EIS aIplFlrciVEld an: and reevaluaiec on: EA i FC NSI apFlnclved an: Catec arical Exclusion: Ri agrarr rratia CEltegclnical Exclusion dElterminatian an: Type I C alagadcal Exclusion delEmrr ina licln an: 1'U15d21(1'1 I lype II Categicimall Elxalusian determination an: Ce ecclnical Exclusion Rafin aluatieln an: anc nElevalualEld can: PHA; 9 TOTAL E 911MAIED COST nearest Dollar LOCAL AGEINCY FUNDS nearest Dollar SIATEI FUNDING nearest Dollar FEDERAL FUND: (maresl 13ollan) F EIRCEINT OEILIGATICN IVITE FEMORAIL Manlh A Year FUNDS PLANNING DESCRIRTICNOF FROFOSE 0WCRK ❑ N(ivy Canslructicm C 3-R ■' EnhancerrElnl ❑CangfislianNitigalion MillinidalndrElst.rtacingorreraarmtnucrirg,IancsaaKlinid,ligtlting,arc miriardoairiageiinKlnciverrerls. Raau way \A idlh an L 9-1: 22 fl PM E Bnidce Nurrtiens(s; an FrajElct: NonEl Roadway Width an Atlanlic: 4� H N L mbEin oil L air e:1: 2 LOCAL AGENCY CONTACT REIF119C N DEtE iGN Randal L. Kre'carek, P.EI City Engineer MAILING AIOMBE S: PHONE: RNV CONST. $8,123,44 d .aa $882,000.00 $5,051.604.00 $2,189,840,00 26.95% TCTAL $8,123,444.00 $882,000.Oa $5,CI°1'1,604.00 $2,189,840.aC1 261.951/ DESCRIPTION C R EXISI IN G F AIC ILIT) (Existing 0esicn and Pmsent Candilicln Raacw a y Wic h an UE • 1: 2� H N urr ban cd Lanes a (ane -we y pair) BI is ge N un' ber(s) an RaclijElct : N ones Rc1ac way Wic th an Al le ntic: 2 4 fl N urT ber cif Lanes: 2 DESCRIRTICNOF FROFOSE 0WCRK ❑ N(ivy Canslructicm C 3-R ■' EnhancerrElnl ❑CangfislianNitigalion MillinidalndrElst.rtacingorreraarmtnucrirg,IancsaaKlinid,ligtlting,arc miriardoairiageiinKlnciverrerls. Raau way \A idlh an L 9-1: 22 fl N urr EEm of Lanes: 4 (ane -way pair; Bnidce Nurrtiens(s; an FrajElct: NonEl Roadway Width an Atlanlic: 4� H N L mbEin oil L air e:1: 2 LOCAL AGENCY CONTACT REIF119C N TITLE: Randal L. Kre'carek, P.EI City Engineer MAILING AIOMBE S: PHONE: 4 34 Saul h c winl an AVEI 561-2148-7322 AGENCY ZIF COUEI: Delray Beach FL 3 3,4 4 LOCATION AND 09SIGN ARRRO%AL: B): ^projpg Authority ��Y ��J�-�L�C Z 2ZJ TITLE: C. DATE: 525-010190 CONSTRUCTION 08!00 F age 7 o12 AGON CIN: PROJECT TITLE: DATE: 1 h e City c f Delnay Beac h N illir cl ar d reiiSL r ac incl c n neiicc n stmt tir g pc r for s oil US 1 / SR -E Irc m Sc ut tl c if F cart orsic ei Dn t o Bor d Wary ar d nesaurfacinag Atlantic Ave fncm SOL titoLnc US -1 to � L --- Northbound US -1 BNVIRONMENTAL COMMITMENTS AND CONSIDE RAITI An environmental deivrr inalican has Helen cgrriplekid kiii chis projeict RIGHT C F WA) P IS CI RELOCATION: No dgt I cif way acquisition was nee( eK for this plcaject. 'III- IS RRO, BCIT FAIS BBEN REVIBWE C BY TIF E LEGISLATIVE EIOCY OF TIF E ADMIN ISTIRATIION PIC SN CIY OR AGSNCISS, OR IT'S DE.cIC N BB, ANC IS NOTI INCON.IISTIANTI WITF THS AGBNCIY'SI COMPRE F BNSN B KLAN FlOR COMM L N ITIY DEv BL ORMENT. A EN CY: City afl Del ay BS CH a n , DAT EI: `� �9 Z By: ( ayon d Chairman; ✓c l�LfXi "-' C eo- Appuc ved as i o norma and legal a�tti_ oiency: BY: LL:�._ ofto City Attorney _22 _ -.. 1'111 7 =111 1711 III4 � � ___ AWMM INN E.. it u J =rj lll: u - i =-i EIIN i—I ilial= mil=� -� uuuw uuuw IM-� Illpuumuuu - I III venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-138, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Police Chief THROUGH: Donald B. Cooper, City Manager DATE: November 3, 2015 INTERLOCAL AGREEMENT/BIOLOGY PROCESSING LABORATORY/ CITY OF BOCA RATON/ CITY OF BOYNTON BEACH AND CITY OF DELRAY BEACH Recommend Action: Motion to Approve an Interlocal Agreement between the City of Boca Raton, the City of Boynton Beach and the City of Delray Beach that will allow the parties to pre-screen their DNA sample evidence in a shared Biology Processing Laboratory for the cost of $59,630.00 for the initial year. After the initial year, the fee will be adjusted annually to reflect the proportional shares of the actual costs. The fess, per this agreement, will not be increased more than 10% per year. Background: The Interlocal Agreement between the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach will allow the Parties to pre-screen their DNA sample evidence in a shared Biology Processing Lab. Pre-screening is a process by which evidence is evaluated by an analyst to determine if there is usable and recoverable DNA in the sample. Without pre-screening, the analysis of the evidence sent directly to the Sheriffs Forensic Biology Unit would be very time consuming and could take months depending on the case. The Biology Processing Lab does not only increase the efficiency and effectiveness of pre-screening DNA sample evidence, but the evidence screened in this lab is given priority by the Sheriff's Forensic Biology Unit for analyzing DNA samples for use in investigations and trials, pursuant to the Interlocal Agreement between The City of Boca Raton and Palm Beach Sheriff's Office. The City has previously entered into Interlocal Agreement with the Parties in 2010. This agreement was effective for five years and has ended in July 2015. The first year cost to the City of Delray Beach in this new agreement will be $59,360. The agreement is for five years, but may be terminated upon 180 days notice any time after the first two years, by providing a written notice to the other Parties. The Delray Beach Police Department believes that this lab greatly increases our ability to solve criminal cases as it increases our ability to effectively use touch DNA, which is evidence that is left behind from skin cells when a person touches or comes in contact with an item. If an approved private laboratory was used for pre-screening, cost would vary based on the amount of evidence recovered that needs to be analyzed. This depends on the amount and type of cases. The yearly fee per the Interlocal Agreement between the Parties allows for unlimited amount of evidence to be submitted for analysis. Discussion: City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-138, Version: 1 The item before Commission is approval of the Interlocal Agreement between the City of Delray Beach, the City of Boca Raton, and the City of Boynton Beach. The purpose of this Interlocal Agreement is to establish agreement regarding operation of the Biology Processing Laboratory, located in the City of Boca Raton, which shall provide for pre-screening of DNA sample evidence for the Parties involved. The cost for all operational expenditures, as determined by the City of Boca Raton, shall be paid proportionately, with the City of Delray Beach paying 33%, or $59,360.00 for the first year. After the initial year, the fee shall be adjusted annually to reflect the proportional shares of the actual costs. The fee, per this agreement, will not be increased more than 10% per year. Legal Review: Approved as to form and legal sufficiency. Financial Review: The Finance Department recommends approval. Operating Cost: $59,360, which represents 33%, for the first year of the Interlocal Agreement. After the initial year, the fee shall be adjusted annually to reflect the proportional shares of the actual costs. The fees, per this agreement, will not be increased more than 10% per year. Timing of Request: Is there time sensitivity to this matter? City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'"^ INTER -LOCAL AGREEMENT THIS AGREEMENT, made and entered into the date provided hereafter by and between the City of Boca Raton, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "BOCA RATON"), the City of Delray Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "DELRAY BEACH"), and the City of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "BOYNTON BEACH"), and collectively referred to as the "Parties". WITNESSETH: WHEREAS, the Parties to this agreement are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which BOCA RATON, DELRAY BEACH and BOYNTON BEACH may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, BOCA RATON has entered into an Interlocal Agreement with the Sheriff's Office of Palm Beach County ("PBSO") relating to the operation of a Biology Processing Laboratory ("BPL") located at 6500 Congress Avenue in Boca Raton, Florida; and WHEREAS, the BPL provides certain services related to prescreening of DNA sample evidence; and WHEREAS, pursuant to the Interlocal Agreement with PBSO, all DNA sample evidence prescreened in the BPL will be given certain priority by the PBSO Forensic Biology Unit ("FBU") in the event DNA analysis is warranted; and WHEREAS, the Parties desire to pre-screen their respective DNA sample evidence in the BPL in that the Parties determined that such common use will better utilize municipal personnel and capital resources, increase the efficiency and effectiveness of prescreening DNA sample evidence, and provide for shared costs of personnel/operating expenses; and WHEREAS, the Parties desire to enter into this Agreement to establish basic parameters for the implementation, operation, and maintenance and future expansion of the BPL; and WHEREAS, entering into this Interlocal Agreement is in the best interests of the citizens of the Parties; and NOW THEREFORE, in consideration of the premises, mutual covenants, provisions and representations contained herein, constituting good and valuable consideration, the Parties hereto agree as follows: Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between BOCA RATON, DELRAY BEACH, and BOYNTON BEACH in regard to the operation of the Biology Processing Laboratory, located in the City of Boca Raton, which shall provide for pre-screening of DNA sample evidence for the parties. Section 2. DEFINITIONS 2.1 "Pre-screening" shall mean the process by which evidence is evaluated by an analyst to determine if there is usable and recoverable DNA in the sample. 2.2 "Touch DNA evidence" shall mean DNA evidence that is left behind from skin cells when a person touches or comes in contact with an item. Section 3. ADMINISTRATION AND SERVICES 3.1. BOCA RATON will own, manage and operate the BPL in return for providing pre-screening of DNA sample evidence for DELRAY BEACH and BOYNTON BEACH, processing of DNA sample evidence for the confirmation of blood and semen and swabbing items for touch DNA evidence. 3.2. BOCA RATON shall be the sole operator of the BPL. The operations shall include processing evidence for the confirmation of blood and semen and swabbing evidence for touch DNA evidence. 3.3. Following pre-screening at the BPL, all DNA sample evidence will be submitted to the PBSO Forensic Biological Unit for further DNA analysis. Pursuant to the Interlocal Agreement between BOCA RATON and PBSO, all evidence pre-screened at the BPL will be given priority for PBSO DNA analyst assignment, as provided in such Interlocal, a copy of which is attached hereto as Attachment "A". Section 4. IMPLEMENTATION OF BPL 4.1. In the event the agreement between BOCA RATON and PBSO is terminated or in the event that the City of Boca Raton in its sole discretion ceases operation of the BPL this Interlocal Agreement shall immediately terminate and BOCA RATON shall have no further obligation to DELRAY BEACH or BOYNTON BEACH. 4.2. DELRAY BEACH and BOYNTON BEACH agree and understand that this agreement is non-exclusive, and that BOCA RATON may enter into additional agreements or amend this Interlocal Agreement to allow other governmental agencies to utilize the BPL. In the event BOCA RATON contracts with other governmental agencies, there shall be a corresponding and proportional decrease in the amount of the user fee and costs provided by DELRAY BEACH and BOYNTON BEACH, as set out in paragraph 5.5 of this Agreement. Section 5. BPL CENTER FOR OPERATIONS 5.1. The BPL shall be located at 6500 Congress Avenue, Boca Raton, Florida in the Boca Raton Police Services training facility. 5.2. The Parties agree that the BPL operation, equipment, personnel and records will be maintained at the BPL. 5.3. DELRAY BEACH and BOYNTON BEACH agree to annually appropriate and pay to BOCA RATON a fee, in an amount equal to a proportional share of the costs to operate the BPL, as set forth in Section 5.4 of this Agreement. DELRAY BEACH and BOYNTON BEACH agree to make an annual payment to BOCA RATON for each of their proportional share of the fee within sixty (60) days of receipt of BOCA RATON's invoice showing the proportional share due, as detailed . 5.4. The fee shall be determined by BOCA RATON, in its sole discretion, through an annual calculation of the personnel costs, the cost of equipment and supplies, the cost of maintenance, the cost of utilities, and any other cost which is reasonably related to the operation of the BPL. 5.5. The annual cost for all operational expenditures, as defined in 5.4, shall be paid proportionately as follows: BOCA RATON -34 PERCENT DELRAY BEACH -33 PERCENT BOYNTON BEACH -33 PERCENT 5.6. The amount of each proportional fee to be paid by DELRAY BEACH and BOYNTON BEACH for the initial year of this updated agreement shall be $59,360.00. 5.7. Following the initial year of this Interlocal Agreement, the fee shall be adjusted annually to reflect the proportional shares of the actual costs as defined in paragraph 5.4 of this Agreement. However, fees will not be increased more than 10% per year. 5.8 DELRAY BEACH and/or BOYNTON BEACH'S right to receive services at the BPL shall be immediately suspended if either fails to timely transmit to BOCA RATON its proportional payment as required under this Agreement. The suspension of the right to receive services at the BPL shall continue through the date the full payment is received by BOCA RATON. If a payment is not received by BOCA RATON within 60 days of the date of the non-paying party's receipt of the invoice from BOCA RATON, then BOCA RATON shall send to the non-paying party a notice of default. The non-paying party shall thereafter also pay a 10% penalty on the past due arrearages. If such past due arrearages plus the 10% penalty are not paid in full within 15 days of the date of notice of default, then BOCA RATON, in its sole discretion, shall have authority to terminate this Agreement in regard to the non-paying party. Section 6. PERSONNEL AND OPERATIONS 6.1 BOCA RATON shall employ two Forensic Analysts trained by PBSO FBU personnel to work at the BPL. 6.2 BOCA RATON shall be solely responsible for the hiring, supervision and evaluation and all aspects of employment for all personnel associated with the BPL. 6.3 BOCA RATON shall be solely responsible for the maintenance and repair of the BPL facility. 6.4 BOCA RATON shall be solely responsible for the operation of the BPL. Section 7. RECORDS 7.1 BOCA RATON shall be responsible for maintaining records of DNA sample evidence submitted by DELRAY BEACH and BOYNTON BEACH for the purpose of prescreening analysis in accordance with the PBSO Forensic Biology Laboratory standards. 7.2 DELRAY BEACH and BOYNTON BEACH agree to provide to BOCA RATON, case dispositions for any items processed through the BPL as they become available. Section 8. DURATION AND TERMINATION 8.1. This Interlocal Agreement shall become effective upon being executed on behalf of each party and filed with the City Clerks of BOCA RATON, DELRAY BEACH and BOYNTON BEACH. This Interlocal Agreement shall remain in effect for five years and may be extended for additional five year terms upon written approval of the Parties. 8.2. DELRAY BEACH and BOYNTON BEACH agree that they shall not have any right to unilaterally terminate this Agreement and shall not terminate this Agreement for the period of two (2) years following its effective date. Thereafter, any Party may terminate its participation in this Interlocal Agreement for any reason upon one hundred eighty (180) days written notice to the other Parties. BOCA RATON may terminate its participation in this Interlocal Agreement as provided herein or as provided in paragraph 4.1. Upon termination, the terminating Party shall have no rights or privileges under this Agreement. Section 9. DISPUTE RESOLUTION 9.1 Any dispute as to the terms of this Interlocal Agreement shall be resolved, pursuant to dispute resolution process contained in Florida Statutes Chapter 164. 9.2 This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 9.3 By entering into this Agreement, the parties expressly waive any right either party may have to a trial by jury of any claim related to this Agreement. Section 11. LIABILITIES AND INDEMNITY 11.1. Each PARTY to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, BOCA RATON shall be responsible to DELRAY BEACH and BOYNTON BEACH for any actions, claims or damages arising out of BOCA RATON'S negligence in connection with this Agreement, and DELRAY BEACH and BOYNTON BEACH shall each be individually responsible to BOCA RATON or to the other for any actions, claims or damages arising out of DELRAY BEACH and BOYNTON BEACH'S negligence in connection with the Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the PARTIES as set forth in Florida Statutes, Section 768.28 or any other provision of Florida law. Section 12. AMENDMENTS 12.1. Amendments to this Interlocal Agreement shall be made by unanimous consent of all the PARTIES in writing. In the event one or more additional persons request to be a Party to this Agreement, the PARTIES agree that an Amendment to this Agreement shall be required. Section 13. EXECUTION OF AGREEMENT. 13.1 This Agreement shall be executed on behalf of each Party by its authorized representative pursuant to an appropriate resolution of the respective local governmental unit. Each Party to this Agreement shall be bound to the terms of this Agreement as of the date it is signed by that Party. Section 14. SEVERABILITY 14.1. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date all signatures below are affixed. Attest: City Clerk CITY OF BOCA RATON Date: By: Name Susan Haynie Approved as to Form and Legal Sufficiency: By: City Attorney ATTEST: By: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: By: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Title: Mayor CITY OF DELRAY BEACH LIM CITY OF BOYNTON BEACH venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-135, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: November 3, 2015 Contract Renewal/Bid Award/Air Conditioning Service/Atlantic Refrigeration Recommend Action: Motion to Approve second renewal of Bid Award 2014-10 to Atlantic Refrigeration for air conditioning service, repairs and preventative maintenance, in an amount not to exceed $150,000 through January 21, 2017. This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "City Commission Approved Contracts. Renewals." Background: Staff recommends a motion to renew Bid Award 2014-10 for air conditioning service, repairs and preventative maintenance to Atlantic Refrigeration for the second renewal period through January 21, 2017 at an amount not to exceed $150,000. The contract was awarded based on an hourly rate for preventative maintenance and repairs. This is in compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "City Commission Approved Contracts. Renewals." On January 7, 2014 approved the award of Bid 2014-10 for a one year agreement with Atlantic Refrigeration with two additional one year renewal periods. Atlantic Refrigeration was the lowest bidder. Atlantic Refrigeration will renew the contract at the same terms and conditions of Bid 2014-10 for the second renewal period through January 21, 2017 at an amount not to exceed $150,000 per year. This is in compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "City Commission Approved Contracts. Renewals." The maintenance agreement encompasses air conditioning units throughout the City. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by Legistar'"^ venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-139, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 RENEWAL/COOPERATIVE BID/ QUICKLIME/LHOIST NORTH AMERICA Recommended Action: Motion to Approve a renewal of the City of Delray Beach, City of Lake Worth and City of Boynton Beach Cooperative Purchasing Bid for the purchase of bulk quicklime from LHoist North America in an amount not to exceed $920,000.00 for fiscal year 2016. This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "City Commission approved Contracts. Renewals". Background: Staff recommends a motion to approve a one year extension through December 15, 2016 to Bid 009- 2821-13/JMA to Lhoist North America for the delivery and discharge of Bulk Quickime at an amount not to exceed $920,000 for fiscal year 2016. On October 15, 2013, utilizing a cooperative bid with the City of Boynton Beach as the lead agency on this joint bid with the City of Delray Beach and the City of Lake Worth, the Delray Beach City Commission approved the cooperative agreement which allows for three additional one year renewal periods. Staff is requesting approval for the second renewal period. The City of Boynton Beach approved the renewal at its October 20, 2015 City Commission meeting.The renewal price is $275.54 per ton which includes the annual price adjustment included in the original bid. Quicklime is needed to adjust the pH of the raw water, preparing the water for treatment, and to remove hardness which in turn, prevents scaling in the pipelines. The request and approval for lime is from the Water Treatment Plant's chemical operating budget. Chemical usage at the plant is dependent on the amount of demand for finished water. The method of acquisition for services under this award recommendation was in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8),"Cooperative Acquisitions" method. The request for the renewal is per the Code of Ordinances, Chapter 36, Section 36.07 (A)(3),"City Commission approved Contracts. Renewals.". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File M 15-139, Version: 1 Funding Source: Account 441-5122-536-52.21 (Water and Sewer Fund/Chemicals). City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" The City of Boynton Beach October 21, 2015 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Lhoist North America of Alabama, LLC 1479 Town Center Drive, Suite 229 Lakeland, FL 33803 ATTN: J. Dale James RE: BID TO FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No.: 009-2821-13/JMA RENEWAL TERM: DECEMBER 16, 2015 THROUGH DECEMBER 15, 2016 Dear Mr. James: At the Commission Meeting of October 20, 2015, City Commission approved a one year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Bulk Quicklime" with an increase of $1.20 per ton for increased freight charges. We look forward to another year of Lhoist providing the City with their excellent product. We have received a copy of Lhoist's Certificate of Insurance. Thank you and if you should have any questions, please do not hesitate to call Sr. Buyer, Julianne Alibrandi at (561) 742-6322, or e- mail alibrandiiCcD-bbfl.us. Sincerely, Tim W. Howard Director of Financial Services Enclosure: Agenda Request Form C: John Bullard, City of Delray Beach Water Utilities Holly Vath, City of Delray Beach Procurement Tim Sloan, City of Lake Worth Water Utilities Elizabeth Hart, Lhoist File America's Gateway to the Gulf Stream 7.A. BIDS AND PURCHASES OVER $100,000 10/20/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/20/2015 REQUESTED ACTION BY COMMISSION: Approve a one-year extension to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with a freight increase of $1.20 per ton, with Lhoist North America. This product will be ordered on an "As Needed" basis for the anticipated annual expenditure of $320,000. EXPLANATION OF REQUEST: BID RENEWAL TERM.- DECEMBER 16, 2015 to DECEMBER 15, 2016 The City of Boynton Beach is lead agency on this cooperative bid that includes the Cities of Delray Beach and Lake Worth. City Commission approved a two year award to Lhoist North America on December 4, 2012. The bid documents allow for annual pricing adjustments and Lhoist has agreed to a one-year extension with a documented rail freight increase of $1.20 per ton effective January 1, 2016. The total delivered price for quicklime would be $275.54 per ton. This is the second one-year extension out of a possible three one-year extensions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Quicklime is necessary to prevent scaling in the water pipelines and in reducing hardness in the water supply. Lhoist North America is a reliable vendor that has consistently provided the Utilities Department with high- quality quicklime over the past several years. FISCAL IMPACT: Budgeted Funds have been budgeted in account 401-2811-536-52-35. Recent fiscal year expenditures for this chemical are: • FY 2013/2014 - $305,000. • FY 2014/2015 - $299,078. (to date) ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti-scalants. However, this may lead to higher water treatment costs or possible water quality. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 474 of 634 Is this a grant? Grant Amount: ATTACHMENTS: Type REVIEWERS: Department ;31 LY Description Reviewer Action Date viii _ E Page 475 of 634 Lhoist North America l.l:csi 3: a.�p October 7, 2015 Mr. Tim W. Howard Director of Financial Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 VIA EMAIL Dear Mr. Howard: This letter is in response to your inquiry as to whether Lhoist North America is willing to renew our lime supply agreement, Bid No.: 009-2821-131MA Deliver and Discharge Bulk Quicklime, with the City of Boynton Beach. Lhoist is agreeable to extending our lime supply agreement with the City of Boynton Beach for another term if we are able to pass along certain increases in our distribution costs. Effective January 1, 2016, CSXT will be imposing a rail freight increase of $1.20 per ton. Documentation for this increase is attached for your review. Should the City of Boynton Beach accept this increase, the total delivered price for quicklime would be $275.54 per ton delivered effective January 1, 2016. Lhoist North America values its relationship with the City of Boynton Beach and we look forward to working with you in the future. Very truly yours, Lhoist North America of Alabama, LLC Dale James Florida Sales Manager Florida Sales Office 1479 Town Center Drive, Suite 229 Lakeland, FL 33803 877-644-9010 Page 476 of 634 CSx TRANSPORTATION Curie Beall Senior Account Manager CSX Transportation - Minerals 8044 Montgomery Rd, Suite 160 Cincinnati, OH 45236 PHONE (513) 369-5588 FAX (513) c53-1108 October 7, 2015 Carleen Schaefer Supply Chain and Logistics Regional Manager - East Lhoist North America 3309 Highway 31 Birmingham, AL 35040 Dear Ms_ Schaefer, This letter is to inform you that the rail rate for delivering quicklime in covered hopper cars to your Fort Lauderdale, Florida distribution facility will increase $1.12 per ton for shipments in private equipment and $1.20 per ton for shipments in railroad owned equipment effective January 1, 2016. If you have any questions, please don't hesitate to give me a call at the number above. Sincerely, oAoad�- Carrie Beall Page 477 of 634 -The City o R -o Won Beach �+ r rinonc21Procwern.nISorvk-,% 1W f r oynron bec4:h Boulevard - A0.. ¢a•a 3]Q 6oynran Bc:aCh, Varido 3 425.0310 Telephone No. (S61) 742-6310 +'r,4A (S62J 742.63;6 SepternDer '40, 201! RF CO-OPERATIVE 0110 TO FURNISH, DELI -VER AND DISCHARGE BULK. 8I0 No.: 000 2821•13/JI,+sA rAgreamont twaktan the City of Boynton 8aach and LFOIS a NORTH Al6i EWCA OF AL.AUMA 810 EXiEIJ810N TERMDECEMBER fS. 2015 to DECEMBER -15, 2016 X Yes, I agree to rersw that existing bid under the sarwi Wins, conditions, and pr+ees- for an alldillonal yt�af. *PLEASE SEE ATTACHED LETTER. No. I do not wish to ranev� Via bid for the foilcwnng re>;:-.on(s) t. -i='zT r40h AMfEMCA OF ALA a..A, LLC r •' �c OF COA�?AN J. Dale James N:A<'4xE Or RE-PRESE•NT"TII (plawse print) 10/07/2015 DA T E E-MAIL: dale.james@lhoist.com EIGN'ATUI +_- Florida Sales Manager TITI F 877-644-9010 (,?R..:..r% C0DE) TELE?hVONT,E l4UNz,0�::ol GQ,cuuU fn 1tc Gaff S:r_n::: Page 479 of 634 File #: 15-194, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 BID AWARD NO. 2016-007 TO ARZ BUILDERS, INC. FOR NORTH AND SOUTH OCEAN BOULEVARD GAZEBO RENOVATIONS Recommended Action: Motion to Approve award of Bid No. 2016-007, City Project Number 2014-090 to ARZ Builders Inc. for the demolition and reconstruction of two wooden gazebos at two separate locations along State Road AIA, in the amount of $98,900.00. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 334-4144-572-63.20 (General Construction Fund: Parks and Recreation/Landscaping Beautification). Background: Staff recommends award of Bid 2016-007, City Project Number 2014-090, to the lowest bidder, ARZ Builders Inc. for the demolition and reconstruction of two wooden gazebos at two separate locations along State Road AIA, in the amount of $98,900.00. The bid award is in accordance with Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method". On August 30, 2015, the City issued Bid 2016-007 for the for the demolition and reconstruction of two wooden gazebos at two separate locations along State Road Al A. The City received two bids on October 8, 2015 as follows: ARZ Builders, Inc. $98,900.00 Hartzell Construction, Inc. $117,780.00 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. Funding Source: Funding is available from 334-4144-572-63.20 (Capital Improvements). City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File M 15-194, Version: 1 City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" Bid 2016-007 North South Ocean Blvd. Gazebo Renovations Opening Date October 8, 2015 @1:00 P.M. Posted :10/09/2015 Item: 7 Description Unit Total 1 Mobilizations $ 2,500.00 $ 5,000.00 2 Demolitions $ 1,150.00 $ 2,300.00 3 Maintenance of Traffic $ 1,500.00 $ 3,000.00 41 New Wooden Structures $ 37,500.00 $ 75,000.00 5 Roofing $ 6,300.00 $ 12,600.00 61 Contingency Allowance $ 500.00 $ 1,000.00 Total Bid Cost 98,900.00 Opening Date October 8, 2015 @1:00 P.M. Posted :10/09/2015 Item: Description Unit Total 1 Mobilizations $ 4,800.00 $ 9,600.00 2 Demolitions $ 7,200.00 $ 14,400.00 3 Maintenance of Traffic $ 750.00 $ 1,500.00 4 New Wooden Structures $ 37,500.00 $ 75,000.00 51 Roofing $ 8,640.00 $ 17,280.00 61 Contingency Allowance $ - $ - Total Bid Cost 117,780.00 Opening Date October 8, 2015 @1:00 P.M. Posted :10/09/2015 1163 SITE LOCATION tet° r t- Atlantic Av .- YB �= NORTH END GAZEBO LAING ST r �.s LOCATION MAP s Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid V Lowest Responsive Bid (2) RFP (2) RFP Selection Committee Recommendation (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.09 36.06 City Commision Approval: (3) Professional Service F-1 36.03(A) $25,000 and above 4 S i lit G d ❑ 36.03(B) Multiple acquisitions $25,000 and above ( ) pec a y o0 (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Proposed Contract Term: Comments and Notes: Effective Date: Bid Award for Bid 2016-007 North and South Gazebos File #: 15-197, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 PROPOSAL FOR SETTLEMENT: ROSA GIESMAN AND MICHAEL GIESMAN V. CITY OF DELRAY BEACH Recommended Action: Motion to Deny a settlement offer for the reasons discussed in the Confidential Memo previously distributed to the City Commission. Background: This agenda item requests the Commission to consider an offer made by one of the Plaintiffs, Michael Giesman, to settle his loss of consortium claim against the City where he alleged he experienced a loss of consortium when his wife, the Plaintiff Rosa Giesman, was involved in an accident with a City of Delray Beach Police Department vehicle. On September 8, 2015, the Plaintiff Michael Giesman filed a Proposal for Settlement in the amount of $50,000.00 to settle his case. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM 1A f 7 FLORIDA TRAFFIC CRASH REPORT LONG FORM X SHORT FORM F� uPDATE (5h1dedAceaj MAIL TO: DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES TRAFFIC CRASH RECORDS, NEIL f4TRKMAN BUILDING TALLAHASSEE, FL 37399-037 Dh4TF MEOFCRASli TEOFREPORT REPOIii1NGAGl b1l10l2012 3:351PM fi (/1(/71112. 12-M446 rti1-3 YLrl{ NSCENEMECLEAREOSCENE fHEMlf mar PM 6_DO PM COMPLETED �CCIJRRFOON5TREET,ROAD,MGHWAY . TOTAL # OF VEHKU WCI-ION(S) 2 TOTAL # OF PERSON SECTIONS) 2 TOTAL # OF NARRATIVE SECTION(S) 1 3 T-Intersectfan 77 Other, J3cplah in Narrative Hamthe 3 Curb 1 4 y_IMasBcdon ammain Light Condition Weather Condition Roadway Surface C onoinon acnool crus ;Relmea (Manner of CoInsiomgmpaet HSkNCR/LSH BEFORE NLIMQEB ' . 9©841632 •- 3 RClaoi 77 Outer. li p4ain in 41eejFrost In 3ArGte 88 4}riiYIPSVTl19�1 1®L°ORiff} MPL16Pif8 �errruMAn 013:35 PM 13:37 FSM 5 ce '>> °/4rrt ]3 Animal 22 Bridge hail 34 TrafBcSiggSuppart ❑ 4 Median First Harmful LossaShR MMatorVehldeinTransport 23Cuhert 35Tram si S�uAApo 1 6Gore within Interchange 6Fell/LanpedFrom II#al w' h. x Matnc .t Equipment 26 Embankment 38 Mailbox 9glrt-d-way Objectes Z tdw 61r*&'iri-lma 1 �r 11•]r;w a I.� li i:.+StY'J� �_1 r NTANA ROAD 8 lip. FEE7 MRES N-5 :E 'W0 RSECTION . STREET,-ftOAO, HIGHWJAY OR proMMILEPOST a 15ado ❑ 0 CR ❑ ® SR BOW. MILITARY TRAIL Road System Identifier ]fares[ load Type of Shoulder Type of hrtersections Traffic urge 1 Interstate 4 Cotnreyr a Private Roadway 1 Nat at Intersection out 2 U.S.5 Loral 9 Parking Lot ❑ k Paved ❑ 2 Four kft--tlon 6 Roundabout 110 3 State 6 Tumpilm/Tdl 77 Other, Explain in 2 Unpaged 7 Rve Pairrt, or More 3 T-Intersectfan 77 Other, J3cplah in Narrative Hamthe 3 Curb 1 4 y_IMasBcdon ammain Light Condition Weather Condition Roadway Surface C onoinon acnool crus ;Relmea (Manner of CoInsiomgmpaet 2 DDi6k� 6 Dark-Urimum� ❑ 5 Sk�et/t la ❑ 5 Oil ❑ 3. 6S ppPeee,,,Opcsfte Sa �e� -aye�3yee 1 3Dawn ii��4nng FreeangRain 7 Db%G rreclY�nr�dEl 4Dari-LWded 770tha,6�lainEn 1 65lawing5and., U 1 RWater(standing/ Atraalgrs 6Rearto5ide as Unknown i Clear Severe Crosswind 1 L n pth� i IndMrectlY k-= 1 Fore toRear 7 Rearto Rear Other;7 E 9"o in Narrative 21Vat n Z Frrnrt to Font 77= 3 RClaoi 77 Outer. li p4ain in 41eejFrost In 3ArGte 88 hlarrrtlere as Unknown First Harmful Event Non-casion Collision Nonce Object Collision WM Med object First Harmful Event 1OverturrAdkrver 10 Pedestrian 39impactAttenustor/ rash 30CarrcreteTraBkBarrfer aimm octan Pedestrian CushJoq 31UtherTral$cBarrier Lor;ation 10nRaadvray ❑ 74 4Jackkr)* 1i! Ralway Veidde inn. 20 Welp Overhead 5 rune 32 Tree Irtand 2 [JR Roadway ergine} 21 Bridge Icier or Support 33 UdI ty Pdef�g rt S Wi 3 Silaulder 5 ce '>> °/4rrt ]3 Animal 22 Bridge hail 34 TrafBcSiggSuppart ❑ 4 Median First Harmful LossaShR MMatorVehldeinTransport 23Cuhert 35Tram si S�uAApo 1 6Gore within Interchange 6Fell/LanpedFrom 25 Parked Motorlk�Jdc4e 240Xb 360*wpostAokl crsuppwt 7 Motor Vehicle 16 Work Zurre/INairiterwrrre 25 Ditch 37fenee S;kW,)d&1nLaneorZone ll40 7ThmwnarFal7hAg Equipment 26 Embankment 38 Mailbox 9glrt-d-way Objectes 88 [Jnkrtovnt to Water�rlal �rrSggtraouck By Fa6ing Shining 27 Gr�rdrap Fare 39 Other Faced 4bJec# {wall, 1 90thar Non -cd 2a Guardrail End bWk&g.tcatnel, etc} 88 Unknown 1aOttre MM_Fsced Ob ell 29 Calk Butler First Harmful Event Relation to Contributing Circumstances: Road Contributing Circumstances: 9 Warn, RuadSrufT xeCon Eririroraertrart 5 RaBvray Grede Junction ❑ 1:1 El snow, skate, etc) 14 Ertrarlce,MExit Ramp 1117, 10 i ❑ ❑ Crasad4JaaRelated 3 M Raadrray 16 Path nehrisredon won 16 °r'"� r� 1211ehris 1� 2 section eler4l 13 TraJrrcl antral J)ev{ce 2 Intersection 17Aoteleratlkaratlon lane 4 Work mnatnreewreJ 3lntersection-Related ]aTlvgc�gh ln ay maiZ. uIllity) MVssingtuObscured 1None 5Animalts)InRoadway Access a Narrathe 2 Weather Conditions narrve n in Shoulders nar+4 ksxr son, high) Related/Aller 89 eJnkr� ; ora Jades,Bamps 77tkhar talo Narrative 3 R+I/sMrafs} N14 88 unknown 4Glare a8 unknown Work Zone Related Crash in Work Zone Type of Work Zone Workers in Work Zone Law Enforceawnt in ❑ 2 � 1 B$ Urelatown Work Zone ❑ 1 Befare95h�etFirst Area 1 Lane Clo�stuurrer 1 No El a Wank. Shotider r Medan ❑ BB unknown 1 No hilum N.WnM9 Area [:] 3 Trandt ortAnea 4Intermittent or Moving Work 2011lcerPreaent 4 Acdv� 7709w, Explaln In Narradve 3 Law Erdareenent vehicle S Twndnafh.., e..� n..�. �.,..w HSMV 90010 S (E) (rev 10110) page I of 7 12=02446.5 j 9l}E41 fi 32 ACCORDING TO V1- J1 WAS STOPPED BEHIND V2 IN THE INSIDE WESTBOUND STRAIGHT LANE OF LANTANA ROAD, =0R A RED TRAFFIC SIGNAL. NHEN THE TRAFFIC SIGNAL TURNED GREEN, V1 STARTED MOVING FORWARD AND STRUCK V2 N THE REAR END WITH HIS FRONT END. kCCORDING TO V2 - 11 WAS WESTBOUND BEHIND V2 IN THE INSIDE WESTBOUND STRAIGHT LANE OF LANTANA TOAD, Q STOPPED BEHIND TRAFFIC. f1 STRUCK V2 IN THE REAR END WITH HIS FRONT END. -_----- •• - .. DATEDFBIRTH INJ st:x LOC:S R D IFJEC" HuEP AeD Rs CURRENT ADDRESS (Number and Street) CITY & STATE ZIP CDDE- 1 Not Transported J .. - ❑ AGENCY NAME OR ID RUN NUMBER MEDICAL FACOM TRANSPOREO TO 2 EMS 3 law Enforcemun 77 Dther Jain In Narrative RB tinbMwwrr PERSON # VEHICLE # - DATEgF BIRTH M:sl R D EJECT FRJ I EP I ABD RS ' gJRREWAWRESS(NumbermdStm" M&STATE. ZIP CODE O CAL f NotTr❑ AGENCY NAME OR JD EMS RUN NUMBER MEDICAL FACLIWTRANSPOWEDTO ansported ENS3 Law Enfwaemcnt 77Otha, ainfnNamative BBUnkmm PERSON # NAME OF VIOLATOR R.STATUrE NUMBER CHARGE CITATION NUMBER PERSON #NAME OF VIOLATOR' FLSTATUTE NUMBER CHARGE CITATION NUMBER m/11ADGE NUMBER (RANK & NAME CHRISTAN VALLEE. -PALM BEACH COUNTY 1:1x ❑. ED HSMV 90010 S (N) (rev 10/M Page 2 of 7 HsMV 90010 8 (D) (rev 10010) page -L of 7 I 1 YehkfeinTral�ysp�mdt .-' CteckMPermanent N ....' _��'_••�'••"•••.•�""'srleas N rermaner.r... AR 2WYekde e 1 23BIBY. IR�htra6on FL 12131/2012 moa❑ 1FMldU4?S_33EQ53935 Q itNao n sautkrwrat 1 YEAR - - 20b�1,..., .. MN(E FORD 7141101,# UCENSENUMBER - STATE..-REGISTRA7ION1DiPIREs M99a CURSION _. JCOWR .- Disah1L 4 Minor Functional BSUnknown WHl Name EST. aM0t1NT 0 RISIJRJiNCE COMPANY WSURANCE POLICY NUIABM, 7 EHICLE REMDM BY �AMESWINTEMUTE 1. Rotation Request =LffJ� DELRAY,IPOLICEDEPT-SELF-INSURED 1243.7W� 1N°2C 1❑ ❑ 3 NAME OFVEHlC.EOWNFR0(t3teckifBusines;) CURRENTAOORMS.- CITY&STATE- �� & ZIP CODE CITY OF DELRAYPOI.ICE DEPT POSTEDSFIEED, TAL LANES VQ1NG ❑ ❑ ❑ ® ❑ ❑ 300 W. ATLANTIC BLVD DELRAY RFACH FI_ 33444 7-11-11IICENSENUNRl9i STATE 15TRATIONE)IPM CteckMPermanent N - AR IENWMAXLES IR�htra6on Q 7141101,# UCENSENUMBER - STATE..-REGISTRA7ION1DiPIREs Check ifParmaneM VIN YEAR LENGTH AMES 2 Ragkstradon ❑ VEHICLE N S. E W OR4toad Unknown ON STREET, ROAD, HIGHWAY AT EST. SPE'Eb POSTEDSFIEED, TAL LANES VQ1NG ❑ ❑ ❑ ® ❑ ❑ 120 LANTANA ROAD 45 6 HAZ. MAT. RELEASED No ❑ 1 MAT. PLACARD Yes HAL MAT, WIMIBER W. MAT. CLASS Area of Initial Impact Most Damaged Area Urdmowm 1$ Undercarriage 18 39 Oveturn 19 : f MOTORCARRIER N4M LS OUT NUMBER 2O Wirdsdeld 2D 21 Troller 21 NVOTORCARRIERADDRESS QTY & STATE ZIP CODE PHONE NtJMBER .�,n� ��r r9Pe Tratrfcwar Commercial Motor Vehicle Configuration 15 Low eedVehfde 17Wo-Way Not SYehde100001bsarlessMorded BTractor/Triple t�(yy 1Ve1: NM i>tl idea weth a 'I Haxardafts Materials 9 Truck morethan 10A00 lbs. (4,536 ❑ Cargo UnI1O,b001bs 3 i, uLeitTumlane 2511x[0-UnFtTntck 2-wdeand GVWR t�},.CamratGasd�yr 16 14596461orIrss) 3Two-Way.DHlded Unprotecoad more than S0000Ifu(4.iT61gj) ITlhCann geVan[sealsfar475 1PassengerCo �Mo� ch I trr6eds4feet)Medlin 3stngle-UnIttruck(3ormoremdes) amkparst;,Indudingdriver) 2 Passenger Vae I9 Other Light Trucks (1g0001bs 4=Vll,y, bMdedPasfflve Montan 4Truck Pulling1raAerla} 11 Bus (seatsformarethan25 3Pidrup (4,536 kg) or few) Barrier 5TnrdtTraclar boYW ossa�ants�indudirgddver) BBMotorHome ,O�u 4�6 Trudts(morethan 5 BYTrafhcweY 6TmrJtTractor rTraPer 7721:nr E4 min In Narrative !� �y Troller Type 7Trudr Tacto Truck RB Unknown 11 Motacyde 21 Farm La Vehkde TRWLi_R 9 TRAILER 2 1 Sir1gle Semi Trailer C 8 12 Mo 77 Other, Explain In Narrative argo Body Type 2TardemSemiTraaer It ].3lrttellnodal 13 Allterrain Vehicle (ATI) SB Unbtown 3 Tank Tralfer 9 Towed Vehicle 3 Van/Endosed Baer Contabter Olds CGmmJNorwCommergal - ❑ 4Saddle Mratrit/rrmfler IOltutoTkaneJtort El 4Fiopper 14WehicteTwWng ❑ IlnterstateCarrier 5 BoatTrailer 77 Other, f3tp fn in 5 Parc Trailer Another Vehhie 2 intrastate Carrier 6 U66ty 11%,Z Narrative 6carg7 Flotb d 15 Not Applicable 3 Not In C =.1,c t 7 HauseTreRer 88 Grdtrrovwt 1 No Cargo 7 Flatbed hkle ib,00016s 4 Not fn Cammerce/Otller Truck 2 9 CbriQete Milker $53610 a1, tarF 1,.w S 30,000 Abs 4 536 per} a1, les ispWM HIM placard) Most Harmful Event Non-coilision Conart 210,Q01,25, lbsf4536-117931x} 10AtdoTranspat nO�Ert�ainfn 1 fhmrturnfRotkiver GVWR/C3CWR 3 Morethan 25000 ihs (117931gg) 12 �� No rrilve ❑ ZFI; xpJsmaw 4NatAppllnble 88Unkrtoum 4Jaddari Cgllsion wBh Non�bted Object CditsionFlited Object 29 cable Barrier Emergency 1R SCerrro/EaulpmetdI=orSf9t u cya'd� 19knpa�tAttenuator/sash Cushion T B' r illserfer Vehicle Use 6Fel!Jumpedl7omMotveyehide 12 RoMmyVehide(train,engine) 206rfdgeOverhead5tn�ure 32Tree(stand�ingg}} Sequence of Events 7 Thrown ar Fah- Object 13 Animal 21 art Pier o1, Support 33 Util Po1e/LtgErt Support B Ran Into yYgter. /Ganef 34 Motor YeNde tnTrattsport 22 Bri Rea 347reIt St rt 9 Other Nott-Go11•Ision I5 Paced Motor Vehicle Culvert23 35 Traffic Signal 0 1 16 Wart ZoneiMahrtenarim 24Curb 36 Other Post: Pole, or Support 1 No D Equipt�treM FaOure Ihlown re EaiPment 25 DitchEmbankment 37 Fence 2 Yes 3rd 4th Wake Milure,ec] 1 StrttdcByFailkiL5hiPonggLawor 27GitairdrallFace 38NbHbat 88Unknbwn ❑ 41Separation ofUrdts Aryrihkg5etlnMotkonhyMotor 28GuardraaFrd 39 Other fxedObjectI", 42 Ran CMF Roa cifir' 6uildfrlg, tuned, eDc.) dway, Rfgght 43 Ran Off Roadway, R 18 Other NorfRaed Object F1 44 doss Median Vehicle Maneuver Action 45 t�rrtulinetra Traffic Control Device For Vehicle f]efects ❑ 4cl B -C Ahead 46 DawrlFral Runawa R.3 Saop� ktTraffiic Roadway t'arade 3 '=Left I45fox1 This Vehiele 2H�e�el� Roadway Alignment �SngRllfltt ssNat9rgacurve BRamttrtg5tgnal 1 III SStragF'2CurveRt SParkrdingCarles �nBT 9Railwayl7ossing 1None 1322 Meds fon S Device gl�) l J 3 Curve t.eTt� 77Citlta, Bkplaln to INo Cattrols 2 B.M. 14 VYhdows/ 11 77 II 20 Malting U-Ttrn NarratYe 10 Person (Incl dirg 3 Tires 49Fndshleld Tt 45chool2ate5hrl/ qa U O e a W BB Unknown Bin7Xn ,4 Lights head, ss Miners Devke Guard e16TruckCauS TraRieCantmlwamsienal,in I . pRng/pedal Function I No unction ani1qtnte1,t�y I 77OUw in fiSteertAg Trailer sh/ 2FamtVeMde 1DHre7nidt 15QLnrtclTourBus {op hpYe iWipers SafetyChafrs nfMotoTVehide 3Pdi� S1FameLabor 7rartsport 265huttie us 7Yieeld 8811rdtnowo 9Exhotst5ystem 77 ExPJalnIn 1 7 Taxi 12 Schod Bus 17 Fane labor on 10 tiodtr, Doors Narrative H-Minary 13 Tronsit/Cbmmuter aus W Unknown 11 PowerTearo BB Urdarown PERSON NAME OF WOLAT(bt Fi a'7Ar VletiunirCkn trrnr0.at ltiAli[]N NlAwsfK 7FERSON# NAME OF VIOLATORI FLSTATUTENUMBER I CHARGE QTATYCdO NLVAca NAME OF VEOLATOR I FLSTATUiE NUMBER I CHARGE I CTTAnCN NUMBER HSMV 9D010 8 M (rev 10110) Page 4 of 1 1? -02446590841632 2 Motorist ❑ =- '"„"� PHONE MANGER Gtedc Pdssetger 4 T. JAMES WIM W WINTEMLITE. OURRFNT ADDRESS (Nunher andStreetjOTY&STATE ZIP CODE4• 300 W. ATLANTIS BLVD DELRAY BEACH FL 3344 A4TE,DF BpiTy : DRIVER LICENSE Nui; . 1 Male ATi: E1�IRF5 I Y 071191 959 es tm liarevam 535459592590 Possible si n([wFL 07/18/2812zN3 omlmPxletg 6 Nan YraRk Ddays) Fatality DL 1T] jm 3 C Required Endorsemerfs Drivers Ad-fons at Thine of Crash A2B4FD�pgtaufttur 2No tat 1NoCDr*b6rngActlon 26RanalFRoadway aid Condition At 5 6 Ew�aer Aest F-313Nofteq.Endoizemant El 2 DPerated MV in Careless or 27 SDifss pFded ather Tralt Tat of Crash 7iYade 4 R h; Way 7��ardedOtherRoad ❑ �AAP��1YFfcrrn?I Driver By 40therfrtsidetheVehide 6hn _ Fainted ►�6� 1 Not Dimracted ((erpdain in narrative) Mrd proper Tum, �Stee r�t��gg�� - 41h 6S�e�mrq Weps Bledmot 2 EYe�onFc CttmmunicatJan 5 Blerr®l Dishaason Iii. Roman Red lowed too Uase� 3DSghtwerved ar Availed : Due 7 Php- IV lmpa�ited 1 Devroes"I phone, etc.) p>,rtsldetheve}ride 32 DrovemoFastfarCaditioM toWh4511 perySarlaca BFmotlanrl{de+uesdon 3 Other F1rAtrotnc Della explakr tR narrattvei 1:1 33 Ran Sap Sign My, 06ject,PNa�e" rst in adv. domed etcl (rravrgatlan drwke, 0110 Prayer) 6 Textirrg 151m Pass/ ltwdway etc 11�� 9 undertha hdluet,ce of 7 kUnknown 31 Oper 114V In E MedirattansA3rup/Ahahoi Driver Vi9iOr1 Obslruetlons Ikdmotrrt 21 SJde ar W,r M Way �escv Aggresslve lyamer 77 Other, E�lain in Narrative 25Fa to 770therCanoibutl Aman aslAtltrrorm ❑ 1 nclon Not Obscured 5 Load on tM1eWde 95make Proper Lane ng 3f mertt4Veadiitehrde 68u><dkq/HxedObjea lof�we 1 4Tree�rdVe 75rgns/1,1lb-rds 77AlIOther Fxpraln a In Narraove Helmet Use (FEU)Eys Protection Ya 1 DOT -Cam clpeIfarrt lyes �� zWQ El R estraint 5 teens Wotor Vehicle Seating POsmon: LOCATi011 WAT ROW OTHER 20 Helmet - 3 Na[Applicable i Nat ( ) seat ROW pq�r (LOC) 3 No Helmetelmet 2 None�ele,. Vehicle O7ccupant 3 Shaalderand La Bek Used Veit 1From 11 Appti®ble 1 � If Bag oyed P 2 Middle 2 SKMW 2 Slee Section of Truck Gib {,q 5 � ! s Show BeItOnMUsed 3 RI t 3 Third 3 otJter Endorsed CC��aaa Area Ejection (EJECT) 6D 6 6 p_pa�Pttrr�ai Wy Le;ee�tdyTp� Unknown 77 4fatetlt 4UnentkrsedCargoAM grypt iNatApplFobfe Wnt6tnadmt 7ChgdRestrairrtSysYem-FatwardFadng (expaafn in 77 Other Roar S Trailing nut ❑ 3 r Ceded, lt�M ❑ 3 Dapl�oy�-rent 8g pe��tamiaivent 8 Child Restraint5ymem -Rear Fadnif narrative) 88 LYrkrrorvn 6 Riding on Motor VeNde Ener for kN7aaated apd 88 Unknown IhUrrl r ow J 1 as U A able 2 40eployeddfde Utrlarownn 10 O rP alaintt in� Non -Motorist Description Non-Motoriat Location At Trine Of Crash Action Pdorto Crash 1 Pedestrian 1 lnterswdc n -Marked 2 Otho Pedestrian (wheewwr, persm in a 2lntersa r. - Crosswalk a SEdewafk 5 Wa➢d ay5fdewalk skater, UnmarldCrosswalk 9Medraq/GossrngIsland 6In 03b8uj,CU,'2= pelestnancarveyan":4etc] �3lowseclon-Other 10 A�0 ea. 40drer drat 9 MidhkdO-Marioed t}ossvvalk it Shared Y PaNt or Trail 7 A�d�entto STravelLane- O Other Locution 72NarT Area itkoss Roadway � 50rsr�ta- ofMomrVehide"InTraraport fiBia/delana 77r.. �•! 75hotlder/Roadside SS UnwrowEnlain Nanative 3'rstrrgm flo++s��s Roadway B Go fiam Doi (K -12i 6Tra of. Non -Motor Vehkte wadwn0withTYaNic tnar 9 rrrd �OTMfRo nsportatfatr Device Non -Motorist Actions/Citsuntstances ) Now 7 Unknown TYPe of Nan- amrist 1 Na Azr roper 4rslan totravei line 2 4 yyMRri ins North 77 Other, Explain in Narrative 1 Nate Safety Egrn fNnerrt tat 3 Failure Yield R�ht aF Way �R°ed� i lric Fin as tfnkrwwn 2Helmet GNOtApp ❑ 4FaPureto0beyTrafAcSi I 3Rebw^ hr R'�E 77 IE�igtl�efn xna In �arg�a wp (standing 7 rm�Edt<naParkegJStanding 311olmproperTtr�gNYktge ba """ aatCtvree ❑ 5 b�derrr� 9 fiecMre Clot rg Qadcet 88 Unlvwwn a Ir-rdentke talklig eating, etc) 12 YVro P�Wding er Walking back atc.) 6 iso sh Vet Related (Mak"inr�gg 9 Nat Visihle !} ark clothln no 77 Other, Ex fp ain in Narrative on, PCMB. IeavinglaPPraachutlU Rghtfrt& etc sfl Unknown USPECfED esttgSUSPECTED _ TEST NOHDLIISE; 2TeslRefrRed •❑ 2BreathL ❑� 1 ng ❑ BAC F E: iD7 NutGh" 1Hload 1PoslIfve R . Belfrimown� 69Un� Urine p 2T�[ah ❑ 774tfrer ❑ 2Pent known iiTested other,•Expkin io Ilnknarvrr wn Unknown, if Tested FXtprain in Narrative 88 Unknown EMS AGENCY NAME OR i0 "Transported ❑ UMBER MEDiCALFAQIIIYTRANSPORTEDTO EMS 3 Law Ertraraement Other. Explain In Narrath a sit [kk.—. ot7raraported -- - —__ � ❑ FIQ FMCHLY NAME OR ID EMS FIVNNUMBER MED1GgLFAG YTRMISPORTEDTD 4LS 3 few Errfarcernent tAer akf In Narrative as Uhkrrown LSDIV# #NAME 0MOFBIRfFJ jim S _ R . 0 1 Hu EP CURRENTADDRE55(NambeCartdS4reeil-CRY&STALE ZIP CODE u HSMV 90010 S (P) (rev 1(/40) Page 6 of 7 • - 2 - LICENSE NUMtl13i . 12-024465 EGISTRATION O IBES Check iFPer mwM 90841832 MAKE LENGTH AX1E5 SVehkleinTrar�p�tJ�Eliuci;iinundnwen it Nt[i�iinaTIONEXPIRES ChediifperrneneM VIN2w ngvel, el 1 I JB606U [FL 07/0712012 ten ❑ JTLKT3240640.90MI LENGTH 1111 0J" 2Y� 1 YEAR MAKE MODEL STYLE COLOR E: �=kilg 4MinWUnknown Function ss Unknown TEST. SPEED . ALrtDtlNr JW TOTALLANES vm-G ❑ 11❑ X ❑ ❑ LANTANA ROAD 2006 TOl("F : CI.ON MTRUR GRY N HAL MAT. CLASS 1000 NISUKAmmCOMPANY .- INSURANCEPOLILYNUMRER iFY�o 2 JVEHMREMOVEDBY L;] Rotation T2. STATE FARkf MUTUAL AUTOMosLE INS. Co. 653276594 US DOTMIMBLR 8ABBSCO TOWING �' Windshield W NAHIEOFVEMCL.EOWNER ❑ (Chet ifBlrsheas) CURREKTADDRESS CRY &STATE PHONE NUINBER 21PCOOE F#QSA LINA GIESMAN.f wIF o7AT7/B5 5696288162 n(10.0001Lu 2SirrgleikrftTnek(2aaleandGVkYR k¢1 t�nnotl7assfy 1 f4,5361a) or less} o-WaZ Divided, Uripn*Kted ❑ more than 10A0011is (4 536 irgjl 1OBus,� 1. Van (seats for 9-15 iPassengerOr taade ed ieetiMedran 3skmk-Unit (3orrnmeasles) oacupmas.(ndudhlgdrirerl ]i90 i 2 Passenger Van f� ilu Way, Div dud Positive k4edian 4Trudt Pullkig Irag� s 11 Bus (seats for rnarethan 15 {4.536 Lal Cr less) L Pickup r 5 Truck TYactor[balrtali) amipants driver 7 Motor Home 2O Medlu�Trud6 (mme tha-1NayTraffitw+y 6 TnrkTractnr/5errii Trager 7i Dtlre ,a6r rnNe 37=1.. B Bus 16,000 �s lafown Trailer Type 7 Torek rmiror/Uouble Thick as Unkrm 12 Motorcycle Farm7700w, Explain in Nariathe TRALLER f TRALER F 15rngleSeml7raikv Cargo Body Type m FAoped 2TankTr Seml7raWer BTEi3 Vart/Erlcbsed Bax la krld modal ler 13krainerChi �+ 13 All Terrain Vehicle (ATV) +" 3 Tand er 9TlVehicle 45addfcMolvit/Tiailer wrannssppoinntt ❑ 4H rg 5Pde-Trailer ConlmfNon�omTnerclal ❑ [:] _ ❑ SMterstateCarrier SlioatTraAhs 77Explalnln 2lntrasWteCerrier fiUblRyTraler Na6Car6oTank 15 Able iib 1 No Cargo 77 Flathed 5117 PRAIRIE 0UNE8VILLAGE CIR 1_AKF- WORTji FIL 33463° TraAdr # LICENSE NUMtl13i . ' STATE ' . EGISTRATION O IBES Check iFPer mwM VIN YEAR MAKE LENGTH AX1E5 it Registration ❑ Trefler fl : _l1CFl lSE NUMB1 R .. STATE REGISTRATION DIPIRFS 0mliffPernmrient VIN YEARMAIC LENGTH 2 Registration ❑ JAXLES VEHICLE N 5 E W Off -Road Unknown ONSTREFT,ROAD,HIGiIWAY TEST. SPEED SPEED TOTALLANES vm-G ❑ 11❑ X ❑ ❑ LANTANA ROAD 0 45 6 MTRUR rMAT.NLAMER HAL MAT. CLASS Area Initial Impact � �Most Damaged AreaI 6 i rdirlotkri xY 1 t1l i 9 d 4isU�,�1 i n 19 Overturn 19n2O R NAME US DOTMIMBLR Windshield W a n + 21 Trailer 21 CARRIER ADDRESS QTY & STATE AP COBE PHONE NUINBER Vehicle Body Type _TraffitwaY Comrltercisl Motor Vehicle Con(igUlation uGr hde 2Two- NotD{•Hdad IVeNde10WORrsorless Placarded 87ractar/idPle 11 ES Wayr, Not Divided, wkha for Hmrdots Materials 9 Trude rmrerhan A0WII. 4,536 17rgo 9 CbntlnwuslehTtrmlane n(10.0001Lu 2SirrgleikrftTnek(2aaleandGVkYR k¢1 t�nnotl7assfy 1 f4,5361a) or less} o-WaZ Divided, Uripn*Kted ❑ more than 10A0011is (4 536 irgjl 1OBus,� 1. Van (seats for 9-15 iPassengerOr taade ed ieetiMedran 3skmk-Unit (3orrnmeasles) oacupmas.(ndudhlgdrirerl ]i90 i 2 Passenger Van f� ilu Way, Div dud Positive k4edian 4Trudt Pullkig Irag� s 11 Bus (seats for rnarethan 15 {4.536 Lal Cr less) L Pickup r 5 Truck TYactor[balrtali) amipants driver 7 Motor Home 2O Medlu�Trud6 (mme tha-1NayTraffitw+y 6 TnrkTractnr/5errii Trager 7i Dtlre ,a6r rnNe 37=1.. B Bus 16,000 �s lafown Trailer Type 7 Torek rmiror/Uouble Thick as Unkrm 12 Motorcycle Farm7700w, Explain in Nariathe TRALLER f TRALER F 15rngleSeml7raikv Cargo Body Type m FAoped 2TankTr Seml7raWer BTEi3 Vart/Erlcbsed Bax la krld modal ler 13krainerChi �+ 13 All Terrain Vehicle (ATV) +" 3 Tand er 9TlVehicle 45addfcMolvit/Tiailer wrannssppoinntt ❑ 4H rg 5Pde-Trailer ConlmfNon�omTnerclal ❑ [:] _ ❑ SMterstateCarrier SlioatTraAhs 77Explalnln 2lntrasWteCerrier fiUblRyTraler Na6Car6oTank 15 Able iib 1 No Cargo 77 Flathed 3 Not In Cam 7 House Trailer err Ye}4de !hs mermrenenern 2 Bus 9 Cancels Mfieer 4 Not infammerce/Otlher7ruck IlA00D Ars�4,536prLess �FR4 lamrd) Comm 10.001-26,000 Lb53f►11.793 kg) 1A Auto Transport77 prplakr in Most HarmfulEEvent Mon-:o[Bsion 6VWRlGCWR Y1�r��%Re 3Maretlren2r�00[117931a) Narrative 2 FFlnVemrn/Rolprosl 4 Pont Appli�hle H8 Unknown 3 dnm lm CoNhilon Wth Nan -Fared Object CoIrIWOn Fbead object 29 Cable Rarter �p�,�y 14 5 10 Pedestrian 19 hn et Atteratatar/0msh Cushion 30 Concrete Traffic Harrier pnreniLmsorShiR 21Pedalcycle n,,,,.�„g 310therTraflkBanier Vehiclia Use 6 umped From Motor Vetude 22 ReliwaY Vehide (train. eng'ure) 220 p�Q d 32L Tree (sanding SegflenceotEvenfs 7ThmmorFaiingObject 13Ardmal 22B Rall 33 Utility PGWL%LSuppert 8 Ran kRo Water! Corral 14 Mazar Vehicle in Transport 73 C04ert 34 T+aRic Sign 90ther i7on ColErsfon 25 Perked Motor VWWde yq 3s 7raAic 9grrat Support 1 EMer� 16 Work 2one/Makkienance ZrD� 36Cow Fm%Pek,arSupport INo ri 40 Equipment Failure (blown rG EqufpmesM 26 EmhallorrerR 37 Fence 2 Yes brake failure, etel w Falling ShNtMg Cargo or 27 Livard[aA Fane 38 KbAbox W Unknown 6th p1�ys�tnr 42 Ran Olf Roadway, Rf ❑ ❑ 415eparatl o of Utdts . v=M Set In Mntlm Ery Moto 2R Guardrall End baldlrtg nnarel (wall, 43 Ran Oil Roadway, Le 18 Other Nan -limed Object 144anss Median Vehicle Maneuver Action Traffic Control Device For Vehlcle Defftts 45 Crass Oenterine +uJ Roadvmy Grade 46ltawnh111 Anne I'Meft d 13 Stopped In Traffic This Vehicle 1 Level - RoadwayAli nment 4Baddng 15 slonm a Mie 9 13 5Tnr El BHashkiRSYgnal1IZSueperplon3UphIB 21fAlaest 16L T►a-Bicxtane SStraight 6Chang nes17 EnteringTraiRclane 98palherayerosdng 1Lypye 13wheels Dwce 1 4 Davrnhlll 2 Curve Al¢ht W Making U-Trrrcr 77 OMrer. E�lain In ! Ho Controls 1l Person (including 2 Brakes 14 Windoxec/ 5 Sag 3 Cie re IeTt ld El (botlam) n overtakind � 12ane Sign/ Flaumn. OfRee , 4 is � Wars an UP n Ugh fes. passing DeI&EcCantrol Gmr ems 5kmaF,tan) 16 TruckCaupling/ 1TralerHR S -9—ialFuidfon 14 1 Bus I 77 Other, aloin 6 ig Special Function ers /rte r grrs 5 mp d ye 3 Farm Pollee ehlde 10 Fr Lab Transport pfMotorVehiele 3Palioe 11 Farm1abv7ra Whaust S77Oth[haf�W in ShuMfeH fd bdn Other. 5 7Yfe as Unknown 9 1 7Tard 12 School Bus 17 Farm Labor Bus 10 Body Doors Narrative RafrirwrK t3T—IVCo..rnerre. arc allLMk—.,e 11 TW- Bali n PERSON 0 NAME OF VIOLATOR R STATUTE NUMBER CHARGE CITATION NUMBER I PERSON # NAME OF VIOLATOR Ii STATUTE NUMBER CHARGE CITATION NUMBER PERSON # I NAME OF VIOLATOR FLSTATUfE NWOER CHARGE CITATION NUMBER HSMV 90010 8 M (rev 10/10) paW 6 of 7 ° Required Ertdaraeme ds w Driver's Actions at THne of Crash ° Required Ertdaraeme ds Non -Motorist Description Driver's Actions at THne of Crash Action Prior to Crash IPedestrian 2�Otl� man (wheelchair. person in a & pedestrian conveyancg etcj3krtersecdon—Other 3Bkyc&t D4 2 4 ChaaReur 6 z .or 1Yes 2N � 3 NoReq. EnttorsemeM Travel Lane -other Location 12 Nan-TraffiowarAwe Tat 1NoCantrbtrti26RanaifR r 2 aced MY in Careless or 27 555Drffis egarded aNierTrafflc ❑ Manner ata [:1 -12�224465 90841832- 6antofaHon-MotorVehicfe 7ransportatian Orhrer 2 Nan-Momrist ❑ vsilLL s a.'L . re 3 ar +D.1 PHONE f:UM9ER Check N � �`� 1 2 :'. ' OSA W* -LINA GIESMANI . 2 Helmet 6 Not Applicable 3ProtecthrePads Used 77 Other,ExoiaRt felbavus. knees, shire etc) in Narra$ve 4 ReHectlire Hr16 iH ag Unknovm ❑ 5616288162 D m dishabed eteJ El ' CURFRITADDRESS(Numbetarniftreeiij _ CITY BSTATE ZIPCOLTE 51.'17 PRAIRIE DUNIES:ViLLAGE CIR. LAKE WORTH FL .. 38463 DATE OFBRfTH UCENSENUFABETJ. 1 Male =732657470 ATE EXPIRES 1 �� s IFatai A710711955 �„ D7ro712o1x jwRhin�o days) 3 e 5Non- Rkfatalfty aTrees/Zrapi+es B Fab in narrative Helmet Use (FkU) gyp. p�{�;{ion (E� Resttahtt Systems 1DQ7Lrc«ycnlpeFetd 1Yas ❑ Motor Vehicle Seating Position: LOCATION SEAT RDW O9FIER 3 metmd 3APPe F 3 1 psNtating 1❑ E8 Unlmown. if Tested 77 in in lhtl n. Unknown 2NoreUsed�iNotarYehfdeOcagtaM 35houkkrandLap lldLUsed 45iwulderBehOnNypUesed it a o pOdky g y� 5 Muddle second 3 oth per Sereccmr ar7r w 3Ri6ht 3Third 30therEndoseclCargoArea 77 Other 4 Faerth DL Type Required Ertdaraeme ds Non -Motorist Description Driver's Actions at THne of Crash Action Prior to Crash IPedestrian 2�Otl� man (wheelchair. person in a & pedestrian conveyancg etcj3krtersecdon—Other 3Bkyc&t D4 ID1A283C 4 ChaaReur 6 z .or 1Yes 2N � 3 NoReq. EnttorsemeM Travel Lane -other Location 12 Nan-TraffiowarAwe Tat 1NoCantrbtrti26RanaifR r 2 aced MY in Careless or 27 555Drffis egarded aNierTrafflc ❑ Manner ata [:1 CondidonAt TIrRe cast Crash 1 Nomrai Rest 7 ane 6antofaHon-MotorVehicfe 7ransportatian Non -Motorist Actionsfeirvcumstanaes 1 3�YWdAkhtbf--War 28 rded other Rand re 3 ar +D.1 Driver Distracted By 4Other In" the Vehrcle ❑ 1 Nat Distracted Main in narrative 2 ElectrankCarratamitatron 5 Distraction 6� �� daM516 2rtd LmproperTam � 1111 Rall A too Closely nod 30 orAvo(ded:Due m yy8td, Slipper�rScaiaea EmlepsOr ed 6 1(impalred ckoirt g �iyfl(deprgaan, 1 Devices (red phone, etc) (outade the vehide, 3 Other Electrank Devke explain in wrrativeJ 2 Helmet 6 Not Applicable 3ProtecthrePads Used 77 Other,ExoiaRt felbavus. knees, shire etc) in Narra$ve 4 ReHectlire Hr16 iH ag Unknovm ❑ 32 Drove too asR fQ Conditions 13 Ran S MVLt,11vrAAotals< in• dishabed eteJ El (navigation device. D4D player) T rk na a8 Unknown peP�`�Bn ng R�adway,ete 31 Operated MV in Erratic. 17 ROeded Pastas 9Underthehdivxvtceof Med�ATcatrol Drive Vision a6structiOns � n SUSPECTED ALCOHOL USE: 1No ❑ 2Yes 5 Tamed Reddesaar Manner 21LFa0 tSide w W -M We 776IherCerttri on fa6eeddLo Keep in Aroper 770dter, fnin native 88 wtb�t 1 Vision NotD6sarred 5 Load on VeNde Lane 9 Smoke DR R iJLT: 1 Pasitire 2w�ve F—]2lnckynantWeather 6Bull ngftedOtieo 3 Perked/ Vehrda 7 Sg ililboards 10Ghre "In Oa ter, Err* n urinL Campkted aTrees/Zrapi+es B Fab in narrative Helmet Use (FkU) gyp. p�{�;{ion (E� Resttahtt Systems 1DQ7Lrc«ycnlpeFetd 1Yas ❑ Motor Vehicle Seating Position: LOCATION SEAT RDW O9FIER 3 metmd 3APPe F 3 1 Seat Raw Other ice}1:1 1❑ 2 2 1❑ E8 Unlmown. if Tested 77 in in lhtl n. Unknown 2NoreUsed�iNotarYehfdeOcagtaM 35houkkrandLap lldLUsed 45iwulderBehOnNypUesed it a o pOdky g y� 5 Muddle second 3 oth per Sereccmr ar7r w 3Ri6ht 3Third 30therEndoseclCargoArea 77 Other 4 Faerth Ejection (EJECT) (�D) 6 rl•v r� �J S Lap Belt carer thvlovown i Not Applicah(e Forward Facing 4 Unenclosed Cargo Area (explain in 77OdwRaw STrauingunit 88 �Unknowwri 48 ehrknavvrr S �arngg i for lrehrcle Errterlar hpn 1 Not Ejected 2 ��allvly 1 a a kale z ❑ Camp nation 2Not 7Deproyed{urtern 4 Depl as=�t 7[JdMitttUsed-T Syne RBSVakM m - eChildRestraintSysbem-RearFadrig "Child RRes1rarM7 Unknown 88 a8 Unknown 77 DOW, B*Ln In leu attve Non -Motorist Description Non-iNobrist Location At Time of Crash Action Prior to Crash IPedestrian 2�Otl� man (wheelchair. person in a & pedestrian conveyancg etcj3krtersecdon—Other 3Bkyc&t D4 Iintersection -Marked Crosswalk 8Sidewalk 2 Intersection - Unmarked Cnmwaik 9 Medlar0assing k6land c Aaea 1101 4MI&Iock-Marked Crosswalk 11tsePathorTrA ❑5 SWallIltr��onSidewalk Sin Rw ways Other (working. ❑ etc} OtherCydist Travel Lane -other Location 12 Nan-TraffiowarAwe 7�roRoadarey(eg„ 1Crossing ay sh8uldernadlan) vows 5 Occupant efMotorVeNcle Not in Transport rkced,etc.l 6 Bigck lane 770ther, Expkah in" raNve 7SFwalderAd1de asilrtkraoam 2 waftft ton Co Raada+ay 8 tow from Sdwol (K-121 6antofaHon-MotorVehicfe 7ransportatian Non -Motorist Actionsfeirvcumstanaes 3Wai ngAb 9w nglnTraif�tay �rafA[hnar nddenerespartseJ M -Ale 7UnknawnTypeofNot•MotormINoIM safety EqLdpment5 roper Action t� ❑ 2oalb � War adjare tetravel lanel 1t Nane 4warking/CvdIngAlao6 77 Other ExplahtlnNarrative 8a Unknarrn 1 None UghpnB 4 FFailure ure to ObeyTraRicSigns6 a aaetttsrrvelrathrrcnn(n i 2 Helmet 6 Not Applicable 3ProtecthrePads Used 77 Other,ExoiaRt felbavus. knees, shire etc) in Narra$ve 4 ReHectlire Hr16 iH ag Unknovm ❑ 51 Is, officer 7 Enterfilg/Ekitirg Parlmrj/S�rrding 10 kmproperTurn/Mmge SN tmpropW(bfiarrdv+g. Vehicle 1111nixWerPassE 2nd ng trig, p�1n�+6 a lnatterethe i�n� eatlrtg, ctc) 12 WranB y�lr Ridvng ar walling 6 pisabled Veh 91""',ed r dathirgl, 7711, Explain in Narrative backpack � [ 9 Nat Visible on, aPP = iighNM rk na a8 Unknown pushln8.leavl etQ SUSPECTED ALCOHOL USE: 1No ❑ 2Yes OHDL 1 Test Not Given 2TestRefused ❑ TestGIven HDL E; RS RESlp7: UG use 28reath ❑ 1Pending Bkood BAC �21 10 ❑ DR ITest Not oven 2TestRetinsed ❑ OR{1G TEST i Blood 3Urine DR R iJLT: 1 Pasitire 2w�ve unknown 1 urinL Campkted es 1 3TestG&-en Other E8 Unlmown. if Tested 77 in in lhtl n. Unknown Ihtlutoam, itTeated E Win in Narrative i Unkrown SDU �TR°ANS TO EMSAGENCYNAMEOR10 EMS RUN NUMBER 1 Not Transported MEDICAL FACIUTYTRANSPORTEDTO i7oti,e� Law ea unknown 2 PSG FR 1 Fl{ HOSPITAL PERSON q VEHICLE NAME DATE OF BIRTH IM S R O EJECT 6P ARD IS .3 2 LOGAN, GIESMAN osimcg1 2 ISEX 11.00 1 3 1 tW 1 3 3 2 3 CURrINTAWRFSS(NumberardSfreetj CITY'&STATE 71P CODE . 5117 PRAIRIE 1111618SVILLAGE DRIVE 5616288162.. LAKE WORTH . FL 33463 T7OMf L HotTrartsported ENS W-ENCY NAME OR 0 EMS RUN NUMBER MEMCALFAOLnYTRANSPORIEOTO r7 Wain h Naranive al tkA rwnt 2 PBC FR 17 INK HOSPITAL ZIP c 3 EK HSMV 90010 S (J) (rev 10110) Page 7 of 7 File #: 15-266, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 17, 2015 OFFER OF SETTLEMENT IN PETER NELSON v. CITY OF DELRAY BEACH 100 N.W. 1 st Avenue Delray Beach, FL 33444 Recommended Action: The City Attorney recommends acceptance of this offer of settlement and execution of the Settlement Agreement for the reasons discussed in the Confidential Settlement Memorandum previously distributed to the City Commission. Background: Peter Nelson, Plaintiff in Palm Beach County Circuit Court case numbers 2015CA007245 and 2015CA007237 (both captioned "Peter Nelson vs. City of Delray Beach") has proposed the attached Settlement Agreement and General Release ("Settlement Agreement") to resolve all claims related to the two cases. Both cases involve an existing unsafe residential structure on the property located at 332 S.W. 8th Ave., which was ordered to be demolished by the Chief Building Official. Under the terms of the proposed Settlement Agreement, Mr. Nelson would demolish the unsafe structure at his own expense and release the City from all liability in the above -referenced cases, and in return the City would release the present code enforcement lien in the amount of $27,100.00 associated with the structure. The City's Community Improvement Director is in full support of the City Commission accepting this offer of settlement. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by Legistar'"^ SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (hereinafter "Agreement"), is made and entered into this day of , 2015, between PETER NELSON, including any personal representatives, successors, heirs, assigns, agents, entities, or parties claiming by or through him, (hereinafter referred to as "NELSON"), and CITY OF DELRAY BEACH (hereinafter referred to as "CITY"). RECITALS WHEREAS, NELSON owns the real property located at 332 S.W. 8th Avenue, Delray Beach, Palm Beach County, Florida (hereinafter referred to as the "Property"). WHEREAS, NELSON filed a lawsuit in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, 2015 CA 007245 (AN), titled Peter Nelson v. City of Delray Beach, which contains claims for Inverse Condemnation regarding the Property. WHEREAS, NELSON filed a Petition for Writ of Certiorari in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, 2015 CA 007237, titled Peter Nelson v. City of Delray Beach, which seeks review of a decision of the City of Delray Beach Board of Adjustment and the findings of the Chief Building Official for the CITY regarding the Property. WHEREAS, CITY has ordered the demolition of the Property, and has additionally assessed claims, liens, and fines upon the Property. WHEREAS, NELSON and CITY, without any admission of liability, are mutually desirous of settling with finality, compromising, extinguishing, and releasing any and all claims NELSON may have against CITY regarding the Property, including, but not limited to any claims, demands, rights, promises, agreements, or contracts, and from any claims, actions, or causes of action, known or unknown, raised or which could have been raised in the lawsuit filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 007245 (AN), and styled Peter Nelson v. City of Delray Beach, including but not limited to the claim of Inverse Condemnation, or which could have been raised in the Petition for Writ of Certiorari in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 007237, and styled Peter Nelson v. City of Delray Beach, as of the date of this Agreement which were asserted or which might have been asserted against CITY in the above mentioned litigation. WHEREAS, NELSON and CITY, without any admission of liability, are mutually desirous of settling with finality, compromising, extinguishing, and releasing any and all claims that the CITY may have against the Property and/or against NELSON regarding the Property, including but not limited to any and all claims, judgment, liens, and/or fines arising out of the determination of the CITY's Chief Building Official that the property is "unsafe" and/or the failure of NELSON to timely correct said condition, and further including, but not limited to any claims, demands, rights, promises, agreements, or contracts, and from any claims, actions, or causes of action, known or unknown, raised or which could have been raised by CITY against NELSON in the lawsuit filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 007245 (AN), and styled Peter Nelson v. City of Delray Beach, or which could have been raised in by the CITY against NELSON in the Petition for Writ of Certiorari filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 007237, and styled Peter Nelson v. City of Delray Beach, as of the date of this Agreement. NOW, THEREFORE, in consideration for payment in the amount of $10.00 given by each party, and in consideration of the mutual promises and obligations contained herein, upon execution of this Agreement, NELSON and CITY agree as follows: CITY agrees to file a Satisfaction and of any and all Liens associated with Code Enforcement Cases UH -14-60748 and CEB-10-5566 within ten (10) days from the date of the execution of this Agreement. 2. Within forty-five (45) days from the date of execution of this Agreement, or as reasonably practicable thereafter within the sole and absolute discretion of the CITY, NELSON shall submit to the CITY all necessary documentation and fees required by law for application to demolish the residential structure currently in existence on the Property. Upon submission of all documentation, information, and fees as required by law, CITY shall forthwith grant NELSON any and all CITY permits as are necessary for NELSON to demolish the residential structure currently in existence on the Property. 4. NELSON shall demolish the above -referenced residential structure on the Property, in accordance with all laws, regulations, and issued permits, at his own cost and expense, within thirty (30) days from the date that all necessary demolition permits have been issued by the CITY. The Parties shall file a Stipulation of Settlement of the lawsuit filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 007245 (AN), and styled Peter Nelson v. City of Delray Beach, within ten (10) days after the date of execution of this Agreement. The Court shall retain jurisdiction to enforce the terms of this Agreement. 6. The Parties shall file a Stipulation of Settlement of the Petition for Writ of Certiorari filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 00723, and styled Peter Nelson v. City of Delray Beach, within ten (10) days after the date of execution of this Agreement. The Court shall retain jurisdiction to enforce the terms of this Agreement. Each party agrees to bear their own attorneys' fees and costs. NELSON acknowledges that CITY expressly denies any liability whatsoever to NELSON for the allegations raised in the pleadings and further agrees that in accepting the consideration set forth in this Agreement, that such consideration is tendered and accepted to resolve any and all of the claims, demands, and lawsuits that Settlement Agreement and Release NELSON v. CITY Page 3 NELSON has or may have against CITY, whether known or unknown, contingent or liquidated, regarding the Property, including but not limited to the claims and defenses asserted in the lawsuit filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 007245 (AN), and styled Peter Nelson v. City of Delray Beach, and the Petition for Writ of Certiorari filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 00723, and styled Peter Nelson v. City of Delray Beach, and that the promises and obligations contained herein shall not be construed as an admission by CITY of violation of any contract, duty, law, code, ordinance, regulation, policy, procedure, or governing document or any other theory of relief, whether federal, state or local. 9. CITY acknowledges that NELSON expressly denies any liability whatsoever to CITY for the allegations set forth by the Chief Building Official, the Decision of the Board of Adjustment of the City of Delray Beach, and the City of Delray Beach Code Enforcement Board, along with any allegations raised by CITY in its response to the lawsuits filed by NELSON, and further agrees that in accepting the consideration set forth in this Agreement, that such consideration is tendered and accepted to resolve any and all of the claims, demands, lawsuits that CITY has or may have against the Property or against NELSON arising out of the Property, whether known or unknown, contingent or liquidated, including but not limited to the claims and defenses asserted in the lawsuit filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 007245 (AN), and styled Peter Nelson v. City of Delray Beach, and the Petition for Writ of Certiorari filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 00723, and styled Peter Nelson v. City of Delray Beach, and that the promises and obligations contained herein shall not be construed as an admission by NELSON of violation of any contract, duty, law, code, ordinance, regulation, policy, procedure, or governing document or any other theory of relief, whether federal, state or local. 10. NELSON, for and in consideration of the payment of Ten Dollars ($10.00), and the obligations contained herein provided by CITY, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby for myself and for any other person or entity claiming by or through NELSON, including but not limited to my employees, agents, representatives, brokers, heirs, legal representatives, assignees, successors, and attorneys, release and discharge CITY, its employees, agents, representatives, brokers, legal representatives, assignees, successors, and attorneys, from any claims, debts, notes, dues, demands, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, attorneys' fees, costs, trespasses, negligence, slander, defamation, liens, judgments, and condemnation, solely regarding the Property, in law or in equity, from the beginning of the world to the day of these presents, including, but not limited to any promise, agreement, or Settlement Agreement and Release NELSON v. CITY Page 4 contract and from any claims, actions or causes of action raised or which could have been raised regarding the Property in the action having Palm Beach circuit court case number 2015 CA 007245 (AN), and styled Peter Nelson v. City of Delray Beach, and in the Petition for Writ of Certiorari filed in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, having case number 2015 CA 00723, and styled Peter Nelson v. City of Delray Beach, or which could have been raised in any lawsuit, administrative, or quasi-judicial action regarding the Property, whether known or unknown, including, but not limited to claims of relief or causes of action under theories of contract, tort, code, or violation of statutes. 11. At the time of execution of this Agreement, CITY asserts and affirms that there are no current or open CITY code enforcement actions against the Property or NELSON, apart from Code Enforcement Cases UH -14-60748 and CEB-10-5566, the disposition of which is addressed in Paragraph 1 above. Should the currently existing residential structure on the Property be demolished as more fully described in Paragraph 4 above, CITY shall not undertake any further code enforcement actions regarding said structure. 12. The Parties agree that the terms of this Agreement will be construed and enforced in accordance with the law of the State of Florida and that the proper venue is in Palm Beach County, Florida. 13. This Agreement constitutes and contains the entire agreement between the parties, and supersedes and replaces all prior negotiations and all agreements proposed or otherwise, whether written or oral, concerning the subject matter hereof. This is an integrated document. 14. If any provision of this Agreement or the application thereof is held invalid, such invalidation shall not affect other provisions or application of this Agreement and to this end the provisions of this Agreement are declared severable. 15. This Agreement cannot be modified except in writing and signed by the Parties who wish to modify same or as otherwise stated herein. 16. The Parties acknowledge they have discussed the terms of this Agreement with their attorneys, prior to signing the Agreement, and they acknowledge that they are entering into this Agreement freely, knowingly and voluntarily, with a full understanding of its terms. The terms of this agreement were negotiated at arms' length, and each party was provided with an opportunity to make changes and alterations to the Agreement. As such, any rule of contract construction and/or interpretation that requires ambiguities to be construed against the drafter shall not apply. Settlement Agreement and Release NELSON v. CITY Page 5 IN WITNESS WHEREOF this Agreement has been duly executed under seal effective this day of 2015. PETER NELSON STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and county aforesaid to take acknowledgments, personally appeared PETER NELSON, who is personally known to me or who has produced as identification, deposes and says that he/she is the person who executed the forgoing Settlement Agreement and Release, that he/she is of sound mind and legally competent to execute same, that he/she has read the same and that the foregoing Settlement Agreement and General Release is true and correct in all respects and acknowledged that he/she executed the same as his/her free act and deed. WITNESS my hand and official seal in the county and State last aforesaid this day of 2015. (SEAL) Notary Public My Commission Expires: ATTEST: CITY OF DELRAY BEACH, FLORIDA, By: B� - Chevelle Nubin, City Clerk Cary Glickstein, Mayor Approved as to Form: By: Noel Pfeffer, City Attorney venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-225, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek, Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ACCEPTANCE OF THE CONCEPTUAL DESIGN FOR THE BEACH MASTER PLAN IMPROVEMENTS Recommended Action: Motion to Approve the Beach Master Plan which addresses infrastructure improvements and landscaping within the promenade/linear park located between State Road A1A and the western edge of the coastal dune system along the 1.25 mile stretch of public beach. Also included in the Project are improvements to the beach entranceways that traverse the dunes. Background: The Beach Master Plan addresses infrastructure improvements and landscaping within the promenade/linear park located between State Road A1A and the western edge of the coastal dune system along the 1.25 mile stretch of public beach. Also included in the Project are improvements to the beach entranceways that traverse the dunes. The Beach Master Plan reflects the community's wishes expressed in three design charrettes over the past seven years. Funding for the Beach Master Plan project is included in the Fiscal Year 2015 - 2016 budget. The project is scheduled to be completed before the 2016 tourist season. In an effort to meet the tight project schedule and begin construction in April 2016, the Purchasing Department issued Request for Proposal 2016-027 on October 18, 2015 for a design -build contract with a design -build firm. An addendum to the RFP which includes the design criteria package pursuant to Florida's Consultants' Competitive Negotiation Act will be issued after Commission acceptance of the Conceptual Design. The projected timeline for the Beach Master Plan Improvements is as follows: 1. 10/18/15 - Release RFP for design -build contract (complete) 2. 11/17/15 - Commission reviews, comments and approves concept (critical date) 3. 11/18/15 - Release RFP addendum (design criteria package) based upon Commission comments. 4. 12/3/15 - Responses due from RFP. 5. 12/10/15 selection committee's first meeting. 6. 12/17/15 RFP selection committee's presentations. 7. 1/5/16 award design -build contract by Commission. 8. 1/6/15 issue notice to proceed. 9. 3/31/16 design and costs approved. Issue notice to proceed with construction. 10. 4/1/16 construction commences. 11. 10/31/16 construction completed City of Delray Beach Page 1 of 2 Printed on 11/13/2015 powered by Legistar'"^ File M 15-225, Version: 1 City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The acceptance of the Conceptual Design by the Commission is necessary before the City can issue the addendum to the RFP and proceed with the competitive selection and negotiation processes applicable to the procurement of a design -build contract by the December 3, 2015 due date. City of Delray Beach Page 2 of 2 Printed on 11/13/2015 powered by Legistar'" -- CURRIE BEACH MASTER Pl-AN lWMZ SOWARDS CIT'4' OF DELRAY BEACH AGUI LA °°ulw& architects CURRIE SOWARD5 BEACH MASTER PIAN CITY CF [)ELF:' -AY BEACH �� AG'U I LA CURRIE BEACH MASTER Pl-AN WEE SOWARDS CIT'4' OF DELRAY BEACH AGUI LA °°ulw& architects CURRIE SOWARDS BEACH MIASYEFR PLAN WALKWAY RENDERING CR'4' OF DELFtAY BEACHAGUI LA 5GALE: 09/17115 °°°u^ architects TREX SYSTEM WITH CONCRETE KIT AND FOUNDATION PROVIDED BY TREX 72'-6' LENGTH PER WALL TOTALING 25' LFT Y HEIGHT TILE - INSIDE FACE TOP OF WALL TOP OF BENCH SIDE PROFILE OF WALL PROVIDE AT EACH SHOWER A DRYWELL 24" DIAMETERA MINIMUM 6'=D' DEEP WITH A FR CH DRAIN AND ASSOCIATED DRAIN FIELD! EXFILTRATION TRENCH SIZED SIZED ACCORDING WITH FLOW OF WATER 12'-6' LENGTH PER WALL TOTALING 25' LFT T HEIGHT TILE - INSIDE FACE TOP OF WALL TOP OF BENCH SIDE PROFILE OF WALL CURRIE SOWARDS BEACH MASTER FR -AN CITY OF DELR.AY BEACH. AGUI LA °°u architects 4'X4' TREX POST 3'-0" H. HORIZONTAL TREX PANELS SPANNING T FEET PER POST 4'x 4"- 2 PER FENCE UNIT 2'x 4"- 3 PER FENCE UNIT PROVIDE AT EACH SHOWER A DRYWELL 24" DIAMETERA MINIMUM 6'=D' DEEP WITH A FR CH DRAIN AND ASSOCIATED DRAIN FIELD! EXFILTRATION TRENCH SIZED SIZED ACCORDING WITH FLOW OF WATER 12'-6' LENGTH PER WALL TOTALING 25' LFT T HEIGHT TILE - INSIDE FACE TOP OF WALL TOP OF BENCH SIDE PROFILE OF WALL CURRIE SOWARDS BEACH MASTER FR -AN CITY OF DELR.AY BEACH. AGUI LA °°u architects CURRENT CONDITIONS UEACH MASYER Pl-AN I OF DELRAY BEACH 6= MASTER BEACH PLAN ELEMENTS 2 UNITS p—le - "77, 37. UWE $UNIT$ 5UNITS { UNIT OF 3 20 UNIT$ 0011! tag UNITS 39 UNITS - 22 UwT$ 2BuNrm It ("D Oro 27 UNIT$ 2 UNITS CURRIE SOWARDS AGUILA architects :--= --- �� ¢ - A1A --------- ---- -� err& ------ LEGEND 1. 11GHTIHD Z PRRIf)H6 METER SHOWER d BRAE RA" 5. EENCi bWALL i. PERCH b. NEW TREES 9. TRPSHRECEPTACLE M PET WMM RECEPTACLE i � An.Arrnc alp, H� -#� �►_ I - 13F-ArH AIA 10,307 SOFT OF BR= PAVER CURRIE BEACH MASTER PLAN SITE PLAN A 5 D WA R D5 .01 OF �ELFiAY BEACH SCALE 1" = 20'•-D" O3I17f15 ff AG U I LA BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC SOUTH I SCALE: 1 " = 20'-O" 10/30/15 CURRIE SOWARDS AGUILA architects BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC SOUTH J SCALE: 1 " = 20'-O" 10/30/15 CURRIE SOWARDS AGUILA architects 6,252 SQFT OF CONCRETE BRICK PAVER 3,490 SQFT OF CONCRETE SIDEWALK BEACH BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC SOUTH K SCALE: 1 " = 20'-O" IELEVATED' BERM +18" 1 SIGNAGE LIGHT LEGEND 1. LI(3H I ING - 12 UNI 16 2. PARKING METER - 2 UNITS 3. SHOWER - 2 UNITS I 4. BIKE RACK - 2 UNITS 5. 4' BENCH - 2 UNITS / 6' BENCH - 3 UNITS 6. ENTRY WALL - 3 PAIRS 7. FENCE - 7 UNITS - 228' LFT TOTAL 7A- 18' LFT 713- 30' LFT 7C- 36' LFT 8. NEW PLANTER - 4 UNITS 9. TRASH RECEPTACLE - 2 UNITS 10. PET WASTE RECEPTACLE - 2 UNITS 11. SHADE TREE - 0 UNIT I 12. SIGN - 1 UNIT 13. ADD CONCRETE WALL TO MATCH EXISTING 14. PARKING METER TRELLIS W/ 21' LFT OF T WALL - 2 UNITS 10/30/15 I I �I I I CURRIE SOWARDS AGUILA architects Cost list for Master Beach Plan of Delray Beach LIGHT -136 UNITS PARKING METER -22 UNITS SHOWER — 29 UNITS BIKERACK — 13 UNITS / 3 UNITS CUSTOM UNITS BENCH — 53 UNITS BENCH 4'- 33 Bench 6'- 20 3'-0" TILES WALL WITH BUILT IN BENCH AT SHOWER ENTRY POINTS — 30 PAIRS / 3' TILED WALL (LENGTH VARIES) (25') TOTAL LENGTH EACH PAIR - APPROXIMATELY 115 SQFT OF TILING PER PAIR OF WALLS WALL TILE - 115 SQFT X 30 = 3,450 SQFT FENCING — 59 UNITS 7A-18'-10 UNITS 7B-30'-24 UNITS 7C - 36'— 25 UNITS PLANTERS — 70 ZONES TRASH RECEPTACLE -33 UNITS PET WASTE RECEPTACLE — 27 UNITS TRELLIS -23 UNITS PARKING METER TRELLIS WALL - 21'FT L X 3' FT H - 15 UNITS DELRAY BEACH ENTRY SIGNAGE ALUMINUM POWDER COATED — 2 DELRAY BEACH ENTRY SIGNAGE STAINLESS STEEL POWDER COATED— 2 EXISTING LIGHTS TO REMAIN BY PAVILION —APPROXIMATELY 10 UNITS CONCRETE BRICK PAVER- 75,384 SQFT APPROXIAMTELY 1,000 SQFT OF CONCRETE TO BE REPLACED ON SIDEWALK AREA APPROXIAMTELY 1,000 SQFT TO BE REPLACED ON SIDEWALK AREA APPROXIAMTELY 250 SQFT OF CONCRETE TO BE REPLACED UNDER GAZEBO AREAS (2) TOTALING 500 SQFT LANDSCAPING CONCRETE AND BRICK PAVERS TO BE REMOVED BY PAVILION — 8,500 SQFT 119 METERS TO BE REMOVED CURRIE SOWARDS AGUILA ff architects South end - Linear feet for curb & foundation —14"H= 2244 LFT North end - Linear feet for curb set on existing concrete — 8"H = 2739 LFT North end - Linear feet for curb & foundation — 14"H= 732 LFT Cost list for Master Beach Plan of Delray Beach Benches- W18119C - 4' Bench (too small to put a center arm) W11119C - 6' Bench (without center arm) W16538N —with center arm for 6' bench We get a 5% discount from these prices. 4 and 6 Foot Bench with Back with Arms - Horizontal Slat - Portable/Surface Mount Moccasin Bench Moccasin Legs Shower — Most Dependable Fountain. 2 head — accessible. Model 575SM http://mostdependable.com/files/products/15847.pdf TRASH - 32 gallon — like these: URBANSCAPE - "J" STYLE 32 GALLON RECEPTACLE WITH LINER Needs to be aluminum with powder coat. With side door Doggie Waste Stations — http://www.dogwastedepot.com/Dog-Waste-Stations-and-Mini-Stations-ProdIist.htmI BIKERACK —BICYCLIST DESIGN POWDER COATED TRELLIS- TREX SYSTEM WITH CONCRETE MOUNTING KIT LIGHT- Landscape Form Annapolis Bollards in Ocean with Amber lighting (Surface Mounted) CURRIE SOWARDS AGUILA architects 10 Concrete patch at old meters assume count 119 ea 8,925 20 New Curbs where pavers are on sloping exist sidewalk (@wall) 600 If 10,800 30 New straight walls @ retaining wall areas 120 If 24,000 40 Foundations for lights 24" sonotube x 18" deep, approx 136 ea 27,200 50 Drainage rock under light bases 136 EA 10,200 60 Footings for showers 29 ea 7,250 70 Header curb at DOT area 343 If 8,575 96,950 CURRIE SOWARDS AGUILA architects Date: 10/29/2015 LF Quote#: 0000204311 P Q#: Project: Delray Beach Master Beach Plan - Amber Lit Bollards Bill To: Bidders Quote ATTN: CORPORATE 7800 E. Michigan Avenue Kalamazoo, MI 49048-9543 P: 800.521.2546 F: 269.381.3455 vAww. Ian dscapeforms.com Federal I.D.# 38-1897577 Ship To: ATTN: Please advise Del Ray Beach., FL 33483 Ship Via: Common Carrier F.O.B.: Destination Qty Description Unit Price Total Price Tagging Instructions: Bill of Lading Instructions: When ordering please confirm: • Shipping address and contact information (name and ph#) • Billing address and contact information . Is your firm orthe project tax exempt? If so, exemption certificate must accompany order • Delivery schedule: _Immediately upon completion _Target delivery date:_ 101 AN999-06006-AMBER: Annapolis 6" diameter bollard. Embedded. Amber Smart light. $ 1,150.00 $ 116,150.00 Powdercoat color: Item Total $ 116,150.00 Shipping & Handling $ 7,580.00 Sub Total $123,730.00 Estimated. Tax $ 6,969.00 Document Total $130,699.00 Payment Terms: N ET 30 - PEN DING CRIED APPROVAL Landscape Forms, Inc. reserves the right to change payment terms based on payment history as well as information obtained from commercial credit reporting agencies. • Purchaser is responsible for confirming options, materials, quantities., etc., for completeness and conformity to plans and specifications. • Changes to or cancellations of orders may incur a penalty charge of 30% or more. Special orders may not be changed or cancelled. • No merchandise can be returned wthout authorization from Landscape Forms. Returns may be subject to a disposition fee of 30-100%. Prices based on quantities shown and quantity changes may affect price. QUOTED prices are held for 60 days. After receipt of a written ORDER, prices will be held for up to one year from receipt of the order. Changes in quantity or specification may affect pricing. Page: 1 of 2 Ship Date: Ust#: OM K9 ��ll'+�, �� SSR J.e SO—k �' 4" 4 pu-^ �- Rep : Miami Team FL2 Purch- SOer CURRIE SOWARDS r AGUILA architects BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC NORTH A SCALE: 1 " = 20'-O" 10/30/15 CURRIE SOWARDS AGUILA architects BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC NORTH B SCALE: 1 " = 20'-O" 10/30/15 SOWARDS AGUILA architects BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC NORTH C SCALE: 1 " = 20'-O" 10/30/15 CURRIE SOWARDS AGUILA architects 7,125 SQFT OF CONCRETE BRICK PAVER 5,831 SQFT OF CONCRETE SIDEWALK BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA 3� 9 O f� 5 0 BEACH 1 LEGEND 1. LIGHTING - 13 UNITS 2. PARKING METER - 4 UNITS 3. SHOWER - 3 UNITS 4. BIKE RACK - 1 UNIT 5. 4' BENCH - 7 UNITS 6. ENTRY WALL - 3 PAIRS 7. FENCE - 0 UNIT 8. NEW PLANTER - 3 UNITS 9. TRASH RECEPTACLE - 3 UNITS 10. PET WASTE RECEPTACLE - 3 UNITS 11. SHADE TREE - 0 UNIT 12. SIGN - 0 UNIT 13. ADD CONCRETE WALL TO MATCH EXISTING (0) 14. PARKING METER TRELLIS - 4 UNITS 1 5 x 3� ATLANTIC NORTH D SCALE: 1 " = 20'-O" 10/30/15 01 5 2 CURRIE SOWARDS AGUILA architects BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC NORTH E SCALE: 1 " = 20'-O" 10/30/15 CURRIE SOWARDS AGUILA architects 8,626 SQFT OF CONCRETE BRICK PAVER 3,584 SQFT OF CONCRETE WALK ®1 511 #5 1 8 2 1 8 BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA g3 9 BEACH 8 09 X3 H., q,7TAs X3 09 LEGEND 1. LIGHTING - 13 UNITS 2. PARKING METER - 2 UNITS 3. SHOWER - 3 UNITS 4. BIKE RACK - 2 UNITS 5. 4' BENCH - 6 UNITS / 6' BENCH - 2 UNITS 6. ENTRY WALL - 3 PAIRS 7. FENCE -14 UNITS - 336' LFT TOTAL 7A- 18' LFT 713- 30' LFT 7C- 36' LFT 8. NEW PLANTER -9 UNITS 9. TRASH RECEPTACLE - 3 UNITS 10. PET WASTE RECEPTACLE - 3 UNITS 11. SHADE TREE - 0 UNIT 12. SIGN - 0 UNIT 13. ADD CONCRETE WALL TO MATCH EXISTING (0) 14. PARKING METER TRELLIS W/ 21' LFT OF 3' WALL - 2 UNITS ATLANTIC NORTH F SCALE: 1 " = 20'-O" 10/30/15 1® CURRIE SOWARDS AGUILA architects — — — — — — — — — — — — — — — LEGEND 12,019 SQFT OF CONCRETE BRICK PAVER 523 SQFT OF CONCRETE SIDEWALK 1. LIGHTING - 11 UNITS 2. PARKING METER - 1 UNIT 3. SHOWER - 1 UNIT BEACH 4. BIKE RACK - 3 UNITS 5. 4' BENCH - 0 UNIT / 6' BENCH - 2 UNITS 6. ENTRY WALL - 1 PAIR 7. FENCE -7 UNITS - 240' LFT TOTAL 7A- 18' LFT 713- 30' LFT 7C- 36' LFT 8. NEW PLANTER - 13 UNITS 9. TRASH RECEPTACLE - 4 UNITS 10. PET WASTE RECEPTACLE - 1 UNIT 11. SHADE TREE - 0 UNIT 12. SIGN - 0 UNIT 13. ADD CONCRETE WALL TO MATCH EXISTING (0) X \� 14. PARKING METER TRELLIS W/ 21' LFT OF 3' WALL - 1 UNIT gol o V'MT29MM7T7 r�J rm BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA \ \ \ 3T CUD 2 01 L -411::l ffill"115-1 a ATLANTIC G SCALE: 1 " = 20'—O" 01 a X3 r.] L---------- I I i11)) _ a 0 0 10/30/15 I Al A CURRIE SOWARDS AGUILA architects BEACH MASTER PLAN CITY OF DELRAY BEACH FLORIDA ATLANTIC SOUTH H SCALE: 1 " = 20'-O" 10/30/15 CURRIE SOWARDS AGUILA architects venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-267, Version: 1 TO: Mayor and Commissioners FROM: Tennille Decoste, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT; PROFESSIONAL FIRE FIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), INC. Recommended Action: Motion to Ratify the Collective Bargaining Agreement between the City of Delray Beach and the International Fire Fighters Association, Inc. (IAFF) for the period of October 1, 2014 through September 30, 2017. Background: Attached for approval is the Collective Bargaining Agreement between the City of Delray Beach and the International Association of Firefighters, Inc. (IAFF). The parties have reached a three (3) year agreement for the period beginning October 1, 2014 through September 20, 2017. The IAFF ratified the attached Collective Bargaining Agreement on November 10, 2015. A summary of the major changes are as follows: 1. Salaries (Article 13) FY 14/15 Total - $1,242,090 Methodology to give all employees the step raises for the years that wages were frozen -$970,100 Increase Fire Certification pay from $90 to $100 a month - $26,500 All Ocean Rescue personnel will receive 4.5% increase for years not given a merit increase. Minimum hourly rate will increase 10% - $56,100 Ocean Rescue CPR Instructor Certification increase from $0.15/hr. to $0.50/hr. -$2,350 Fire Employees currently at Step 11 will receive a 5% bonus- $174,700 Holiday Pay - $12,340 FY 15/16 Total - $1,238,890 Fire annual merit increase of 0% - 5%. Maximum hourly salary for each position will increase 3% so those at top out will receive up to 3% merit increase on anniversary date - $1,128,600 Increase Fire Cert pay from $90 to $100 a month - $26,500 City of Delray Beach Page 1 of 4 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-267, Version: 1 Ocean Rescue CPR Instructor Certification increase from $0.15/hr. to $0.50/hr. - $2,350 Ocean Rescue annual merit increase of 0%-5%. Maximum hourly salary for each position will increase 10% - $69,100 Holiday Pay $12,340 FY 16/17 Total - $1,683,290 Fire Annual merit increase of 0%-5%. Maximum hourly salary for each position will increase 3% so those at top out will receive up to 3% merit increase on anniversary date - $1,547,200 Increase Fire Certification pay from $90 to $100 a month - $26,500 Ocean Rescue CPR Instructor Certification increase from $0.15/hr. to $0.50/hr. - $2,350 Ocean Rescue annual merit increase of 0% - 5% - $94,900 Holiday Pay - $12,340 The Total Economic Proposal: $ 4,164,270 2. Pension Plan Matters (Article 38) Parties agreed to amend the City of Delray Beach Pension, Chapter 33 of the Code of Ordinances to include a four (4) Tier pension Plan. Member Group 3rouping Criteria Provisions Tier 1 8,11 active members with 20+ years of No change in pension benefits ervice and all retired and terminated embers Tier 2 A.11 active members with at least 10 Multiplier reduced from ears Df service but less than 20 years of 3.5% to 3% for all future ervice ervice; all retirement enefits determined using the final average ompensation s of the retirement and/or ermination date Starting benefit limited to 108,000 per year Compensation includes up to 25 hours of stipend pay Participants remain eligible or DROP COLA of not less than one ercent (1%) will continue to De applied annually. Tier 3 II current active members not rested Multiplier reduced from City of Delray Beach Page 2 of 4 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-267, Version: 1 it the time of the Plan change .5% to 3% for all future ervice, all retirement enefits, determined using he final average ompensation as of the etirement/termination date Compensation excludes any tipend earned after the Ian change COLA of not less than 1 % ill continue to be applied annually. Participants remain eligible or DROP Change average final ompensation from 3 years o 5 out of the last 10 Starting benefit limited to 108,000 per year Tier 4 Members hired after the Plan All benefits accrue at change multiplier Benefit limited to 68.75% of incl average compensation Normal Retirement changed o the later age of 55 or 25 years of service Eliminated Early Retirement Average Final ompensation: Highest 5 of ast 10 years Starting benefit limited to 6108,000 per year • Provide separation of firefighters from the current system such that the retirement system will no longer be jointly for police and fire employees but solely for fire employees operating as a local law plan pursuant to Chapter 178, Florida Statutes. • Safe Harbor provision, As a safe harbor provision, during any time the Plan is using the same actuary, investment advisor, (and is following that investment advisor's recommendations with respect to portfolio allocation and selection of funds and fund managers) auditor, attorney, and administrative function provider as the City's General Municipal Employees Pension Plan, the parties agree the City may not exercise its revocation rights pursuant to Section 4. • Section 4 The City's exercise of its revocation rights under Section 2 shall be undertaken as City of Delray Beach Page 3 of 4 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-267, Version: 1 follows: o the City Manager or designee shall provide at least sixty (60) days written notice to the Union and shall provide a general explanation of the reason(s) for the City's intended action in the notice; o the issue shall be placed on the agenda for the next City Commission meeting scheduled after expiration of the notice period; o the Union shall be given an opportunity to be heard by their designee at the City Commission meeting held to consider the City's exercise of its revocation rights. 3. Duration (Article 49) This contract was ratified on November 10, 2015 by the Union x (yes) to x (no). Agreed to a three (3) year contract for the period of October 1, 2014 through September 20, 2017. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. City of Delray Beach Page 4 of 4 Printed on 11/13/2015 powered by Legistar'" COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE PROFESSIONAL FIRE FIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928,IAFF,INC. October 1,2911 2014 through September 30, 2014 2017 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 TABLE OF CONTENTS ( TO BE REVISED IN FINAL VERSION Page Article 1 Preamble 1 Article 2 Recognition 2 Article 3 Bargaining Unit 3 Article 4 -A -FR Grievance Procedure 4 Article 4 -B -OR Grievance Procedure 14 Article 5 Dues Check Off 24 Article 6 Discrimination 25 Article 7 -A -FR Union Business 26 Article 7 -B -OR Union Business 28 Article 8 Correspondence 30 Article 9 Bulletin Boards 31 Article 10 -A -FR Hours of Work 32 Article 10 -B -OR Hours of Work 35 Article 11 -A -FR Recall 37 Article ll -B -OR Recall 38 Article 12 -A -FR Overtime 40 Article 12 -B -OR Overtime 42 Article 13 -A -FR Salaries 43 Article 13 -B -OR Salaries 53 Article 14 -A -FR Working Out of Classification 56 Article 14 -B -OR Working Out of Classification 58 Article 15 Vacation 59 Article 16 Holidays 63 Article 17 Sick Leave 65 Article 18 Bereavement Leave 70 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Article 19 Health Insurance 72 Article 20 -A -FR Seniority 74 Article 20 -B -OR Seniority 77 Article 21 Posting of this Agreement 78 Article 22 Management Rights 79 Article 23 Strikes and Illegal Activity 82 Article 24 Unconstitutionality Clause 84 Article 25 -A -FR Duties of Employment 85 Article 25 -B -OR Duties of Employment 86 Article 26 -A -FR Promotions 87 Article 27 Probationary Period - New Employees 94 Article 28 Probationary Period - Promoted Employees 95 Article 29 Dismissal/Discharge 96 Article 30 Resignation 98 Article 31 Leaves of Absence With Pay 99 Article 32 Leaves of Absence Without Pay 100 Article 33 Absence Without Leave 101 Article 34 Outside Employment 102 Article 35 Solicitation of or by Employees During Working Hours 104 Article 36 Non -Applicability of Civil Service Act, Civil Service Rules and Regulations and Personnel Policies 106 Article 37 -A -FR Damage to City Property 107 Article 37 -B -OR Damage to City Property 109 Article 38 -A -FR Pension Plan Matters 111 Article 38 -B -OR Pension Plan Matters 112 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Article 39 -A -FR Physicals 113 Article 39 -B -OR Physicals 116 Article 40 Comprehensive Drug and Alcohol Abuse Policy and Procedures 118 Article 41 Maternity Leave 134 Article 42 Workers' Compensation 135 Article 43 -A -FR Certification Incentive Pay 136 Article 43 -B -OR Certification Incentive Pay 141 Article 44 Compensatory Time & Tuition Reimbursement 142 Article 45 Labor -Management Committee 143 Article 46 Disability Insurance 145 Article 47 Sick and Vacation Pay -Out Accruals 146 Article 48 -A -FR Retiree Insurance 148 Article 49 Duration 150 Signature Page 151 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 1 This Agreement is entered into by the Employer, the City of Delray Beach, Florida, a municipal corporation, hereinafter referred to as "City," and the Professional Fire Fighters / Paramedics of Palm Beach County, Local 2929, I.A.F.F, INC., hereinafter referred to as the "Union," for the purpose of promoting harmonious relations between the City and the Bargaining Unit Employees, hereinafter referred to as "Employees," to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. Articles labeled FR refer to Fire Rescue employees only and Articles labeled OR refer to Ocean Rescue employees only. 1 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 2 RECOGNITION The City recognizes that the Union is the Certified Bargaining Agent of the Employees for the purpose of representing the Employees for all matters relating to wages, hours and terms and conditions of employment. Section 2 The Union may designate up to three (4) representatives, and shall notify the City Manager and the Department Head in writing of the identity of its designated representatives. The Union District Vice President may also designate a Union representative to represent an Employee in grievance proceedings, and shall notify the Department Head in advance of any such designation. An Employee shall have the option of proceeding individually or by a person of his or her own choosing; provided, however, that only the Union may request arbitration of a grievance pursuant to Article 4 of this Agreement. 2 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 3 BARGAINING UNIT The Bargaining Unit represented by the Union shall be the Bargaining Unit for which the Union was certified by the City of Delray Beach Public Employee Relations Commission, April 19, 2001, under Case #RC01-001, as amended from time to time. It is agreed that the bargaining unit shall include all Employees in the following positions: All full-time employees in the classifications of Fire Fighter, Paramedic, Driver Engineer, T; „dt-en Captain, Paramedic Lleiitena Captain, Paramedic Captain/EMS Training, Paramedic Captain/Logistics, Ocean Rescue 9ger-atimens ciao eLaviseV Lieutenant, Ocean Rescue ^oyez Lifeguard, and Ocean Rescue Lifeguard Trainee and excludes all clerical and support personnel, Battalion Chiefs, Division Chiefs, Assistant or Deputy Chiefs, Ocean Rescue Division Chief, Fire Chief, and all other Employees of the City of Delray Beach. The Ocean Rescue Division Chief has no authority over Fire -Rescue personnel. 3 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 4 A F GRIEVANCE PROCEDURE A grievance is defined as a dispute involving the interpretation or application of this collective bargaining agreement (Agreement). Recommendations of discipline shall be processed in accordance with and shall be merged into the grievance procedure. The time frame for an employee to file a grievance shall begin upon receiving first notice of the recommended discipline. If a timely initial grievance is not filed upon receiving notice of the recommended discipline, the employee shall not be permitted to grieve the final recommendation of discipline and imposition of discipline unless a further recommendation or final imposition differs from the previously recommended discipline. For purposes of this Article, working days shall mean Monday through Friday inclusive, but excluding all City holidays (the exclusion to include any one-half day City holidays). Grievances shall be processed in accordance with the following procedure: Step 1: If an employee feels a grievance has occurred, the employee shall within ten (10) working days of the occurrence (or reasonable discovery thereof), submit 2 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 a grievance in writing to his/her immediate non - bargaining unit supervisor. The written grievance shall include the following: (1) A statement of the grievance, including date of occurrence, and details and facts upon which the grievance is based. (2) The article(s) and section(s) of the Agreement alleged to have been violated. (3) The action, remedy, or solution requested by the employee. The grievance shall be signed by the aggrieved employee. Provided, however, at the employee's request, a Union representative may represent the employee, in which case the Union representative may sign the grievance on behalf of the employee. The immediate non -bargaining supervisor shall submit his/her answer in writing within ten (10) working days after presentation of the grievance. Step 2: If the grievance has not been satisfactorily resolved in Step 1, the employee (or the Union representative on behalf of the employee) shall present the grievance to the Fire Chief, or his/her designee, within ten (10) working days from the day the response was due in Step 1. The Fire Chief, or his/her designee, shall meet with the employee and/or the Union Representative within ten (10) working 5 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 days of receipt of the grievance. The Fire Chief or his/her designee shall respond in writing within ten (10) working days from the day of the meeting. Step 3: If a grievance has not been satisfactorily resolved in Step 2, the employee (or the Union representative on behalf of the employee) shall present the grievance to the City Manager, or his/her designee, within ten (10) working days from the day the response was due in Step 2. The City Manager, or his/her designee, shall meet with the employee and/or the Union representative within ten (10) working days of receipt of the grievance. The City Manager, or his/her designee, shall respond in writing within ten (10) working days from the day of the meeting. Section 3 A. If the grievance has not been satisfactorily resolved within the procedure set forth in Section 2, the Union (on behalf of the employee) may submit the grievance to arbitration by notifying the City Manager, or his/her designee, of its decision to arbitrate the grievance. Such notification shall be given within ten (10) working days from the day the response was due from the City Manager or his/her designee at Step 3. B. Prior to arbitration and upon mutual agreement, the Union and the City may select a mediator and participate in mediation. Mediation must be requested within fifteen 0 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 (15) calendar days from the day the City Manager's response in Step 3 was due. If mediation does not resolve the matter, or if the parties do not agree to mediate, the Union may proceed to arbitration. C. The City will then request the Federal Mediation and Conciliation Service (FMCS) to provide the parties with an arbitration panel. The parties shall select an arbitrator by alternate striking within fourteen (14) calendar days of receipt of the FMCS list of arbitrators. D. The arbitration hearing shall be held within thirty (30) days after the arbitrator has been selected, provided the arbitrator is available on a date acceptable to the parties. E. The arbitrator shall have jurisdiction and authority to decide the grievance, as defined in this Article. However, the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement the Agreement or any part thereof or amendment thereto. F. The arbitrator may not issue declaratory or advisory opinions, and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. G. If either party elects to file a brief, the brief must be mailed to (postmarked) -t-a the arbitrator no later than 7 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 fifteen (15) calendar days after the close of the hearing or after receipt of the transcript if one is ordered, whichever is later. H. The arbitrator shall render his/her decision within thirty (30) days of receipt of the briefs or of the close of the hearing, whichever is later. I. The decision of the arbitrator shall be final and binding on all parties, subject to those challenges permitted by law. J. Each party shall bear the cost of its own witnesses and representatives. The parties shall bear equally the cost of the arbitrator. Any party requesting a copy of the transcript of the arbitration hearing shall bear the cost of it. A. The Union retains the exclusive right to request arbitration or withdraw a grievance (which it has filed or on which it is the representative) at any time. B. The Union has the right, pursuant to Section 447.401, Florida Statutes, to not represent employees who are not members of the Union in any grievance. In that event, a non-member who wishes to pursue his/her own grievance may proceed in accordance with Section 447.401, Florida Statutes. However, the City will notify the Union and afford the Union the opportunity to be present at any grievance meetings or arbitration hearings. 10 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 C. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the Union and the City, the Union may present such grievance directly at Step 2 of the grievance procedure (within the time limits provided for the submission of a grievance at Step 1) . D. Any grievance not processed in accordance with the time limits provided in this Article shall be considered abandoned. Provided, however, the time limits set forth in this Article may be extended by joint agreement of the City and the Union (or of the employee if appropriate) which is confirmed in writing. The parties may mutually agree in writing to waive any time limits or provisions of the grievance procedure. A. The arbitration shall be conducted under the rules set forth in this Agreement, not under the rules of the FMCS. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the terms and conditions of the Agreement. In cases other than a discharge, demotion, or a suspension of more than seven (7) calendar days for non -shift Employees or more 0 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 than two (2) shifts for shift Employees, the arbitrator shall not substitute his or her judgment as to the wisdom or the degree of severity of disciplinary action imposed on any Employee by the City unless the City fails to demonstrate by a preponderance of the evidence that the disciplinary action was not arbitrary or capricious. In determining whether the City has demonstrated that the disciplinary action was not arbitrary or capricious the arbitrator's inquiry shall be strictly limited to the following issues: 1. Whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; 2. Whether the employee is guilty of the misconduct as charged; 3. Whether the City considered the nature and severity of the offense, the circumstances under which the offense was committed, the employee's past disciplinary and employment record, the length of the employee's tenure with the City before imposing discipline, and if the discipline imposed is consistent with that imposed upon other employees who have committed the same or similar offense under the same or similar circumstance; 10 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 4. Whether the discipline is within that range of punishment upon which reasonable persons can agree, notwithstanding that reasonable persons might disagree upon the specific punishment imposed under the given circumstances. If the arbitrator finds that the City has demonstrated that the disciplinary action was not arbitrary or capricious then the discipline imposed by the Ceeity shall be upheld. If the arbitrator finds that the City has failed to demonstrate that the disciplinary action was not arbitrary or capricious the arbitrator may determine the appropriate level of penalty. A. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. B. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not a grievance as defined in this Article, or which is not specifically covered by this Agreement. C. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. 11 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 D. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. E. It is contemplated that the City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine the decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the Union and the City shall submit a written statement of the grievance and the arbitrator shall confine consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Contract. F. Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. In all steps of this grievance procedure, the Employee may seek the assistance of the agent or representatives of the Union and may request Union representation at any stage of the grievance procedure should the Employee so desire, provided that an Employee 12 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 may not proceed to arbitration) without the Union's agreement. All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the Union agree upon the following procedures for expedited cases. A. After an arbitrator has been selected, the arbitration hearing shall be held no later than ninety (90) calendar days thereafter, unless the arbitrator is unavailable within this ninety (90) calendar day period. B. Briefs, if any, must be filed with the arbitrator no later than twenty (20) calendar days after the close of the hearing, or after receipt of the transcript, if a transcript is requested. C. The parties shall request that the arbitrator render an opinion within twenty (20) calendar days of receipt of the briefs. 13 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 open reeeiving neVee—ef the weeemmended diseipli-sie-, the a.._�.-- Khrengh Friday inelysive, but exely4ing a i 1 14 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 (1) A s t -e teffient ef the gLaievanee,4:n el�i of e Lcr e r,a elet- ; i ra repLa_ _ T t -a icep Le een4c- the effif)leyee, dmn wh4meh^ } h e T4 ; ice ; v e d Step 1, theefF�pl eye e(ez the T, r i en, 15 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 The DepaEtment Head, er histher designee, shall meet with the in Step 2, the empleyee (er the Men representaW 3Q9p6ft3Ewas --doe Step i?hE, his/her designee, Itthe a_ ��_ ,ly_ Manages, ezhis/her designee,, l respend in City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 arbilr-a.tien by nelifying the rity Manager, es 1-,; .. /i,e designee,o f its de e ie-iehe--arbitrate —tom . (IS) ealendar days foes theday the GiNy Mansgeof reselve the matter, es if the parties de net agree he medicate, the ?Men may preeeed he arbitratien. days after the arbitrates has been seleeted, previded the dee-ide thegr ^ - a _-, as definethisA�� u e r e , ,- h e rb i t r -a t -e r shall ti, ire —authority he nxdd he, se tr-aet foes, es ehrer�---�� 17 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ejainiens anel "r -1`b rtL`ato'i C. if e tip,^ je = rye l e e } s 4 e file the brief lasi-e - 6i� ate-iicse-e 3:t�-6� '�-Y' a n s . — _ f)moi_-f e . ,,..i e e ,a i / M City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 , Fier-ida S-t-at:ates, to net represent elle pi=eeeed in ae-eerEianee with See: -i -en 447.401, F-reLcid-a Sta+-,,t, . Hewe the C :1 n},} fy thee4nie '^, 1�ba3-- _1 4nien and the Gity, ien Faay pineaent _�dF". la gi^ - - - a n -- - abandened. -reS4-4c ,rrowever-,Tr ""i_T _ = roia'cri 19 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 feicth in this A giceeffien tie dei= the -ctrle sere-FI`4S Sidlej ee t t etre—€eIIewi:rEj, :�l3 e a iFb 4:t -r -a 4eLa shhave �he etheLthan a `'i _,�,r J. demtien ema a siispensienere than d- w e (2 � 1. the ire r-e—� �r€�e—€ezshift� �e v =_- _ iffipesed; 20 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 r M=GMMM azthe e -f € ens-C-�rre eiizcarr3t-crrrcc-s dircler—wrri=Tthe effense was eemmitted, the —emsie ' d i s -e -i p l empleynen:t� r -e e e r dthe lenEffth -ef- e-pi ewe ntrrwith re—Gie €e dise-ipl,e and i f the dise-ipline ixpese Is - the similar eit= punishmentieh reasenable - Ne be sobjeet te the arbihsaVen, whieh J4-�era 21 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 qrieyai��ee as defined in this ArKele, er whieh is net with t the 1J --u r i s l- i e V ei •' -•TR'S1C.rQTT2DT�i---1} yunderthis LZCI'['CC1T� matter he be arbitrated res Ve—a hearing, and is dene, the arbitrates shall e `" 1eihethe issue --cpm—sobxrrrc-cc, beth —the ?Menand - = - -- - - statement er statements su__ = _ _ roc elasse, h e n cTo cr, 3.. all: steps eche —gam' reeedure , thearle�� 22 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 pieeed,dLae sheiild teJ Rple'yee se EiesiLae, piae3LiE eEi _+ an E,m ill - days theiFeafter, unless the arbitiaateic Is iinavailable Bpi ref -s , , t be frIeEi i } h t h e the h e cue La a f- teiiFe-eei tef t�he t -La n s; . — _ } ; ;-f- a 23 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 5 DUES CHECK OFF Upon the Union's notification to the City, Employees may make arrangements with the City for a payroll deduction of union dues and uniform assessments. Upon receiving a proper request from the Employee, the City will deduct such dues and uniform assessments from the subject Employee's compensation and remit the amount deducted to the Union. The Union agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the Union. The Union further agrees to refund to the City any amounts paid to the Union in error upon presentation of proper evidence thereof. 24 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 6 DISCRIMINATION All employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Union. Neither the City nor the Union shall interfere with, restrain or coerce public employees in the exercise of any rights guaranteed them under Chapter 35, Sections 35.030 through 35.064, of the Delray Beach Code of Ordinances or the provisions of this Agreement. 25 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 7 UNION BUSINESS Section 1 Employees who are Union officials or their designees may be permitted by the Department Head or his or her designee to swap shifts during the contract year to conduct Union business, provided a written request is submitted at least seventy-two (72) hours prior to the time -off period whenever possible, and provided such request is approved by the Department Head or his or her designee, such approval not to be unreasonably withheld. No additional overtime shall be paid to employees as a result of such swapping of shifts, notwithstanding the provisions as set forth in Article 12, OVERTIME, of this Contract. All such swapping of shifts must be completed within a six (6) month period of time unless extended with the approval of the Department Head. All such swapping shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such shift swapping. Section 2 Only authorized Union officials or their designees may withdraw time from the Time Pool for the purpose of conducting Union business, provided the administrative procedures and forms are submitted to and approved by the City pursuant to the May 15, 2013 version of Administrative Policv Volume I, Chapter 2, Section 24, "Union Time Pool". All such time pooling shall be purely voluntary on the employee's part and shall be solely for the City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such time pooling. The City agrees that the employees can donate Personal Holiday, Vacation Time and Compensatory Time to the Union Time Pool. The City agrees to schedule negotiations, whenever possible, on weekdays when the Union negotiating team is off duty and on weekends when convenient for the City's negotiating team. 27 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 8 CORRESPONDENCE Unless specific deadlines are otherwise provided for in other articles of this Contract, the administrative officials of the City shall attempt to answer any written correspondence in writing within a reasonable amount of time. The Union's address for receiving correspondence is: 2328 South Congress Avenue, Suite 2C, West Palm Beach, FL 33406. The Union shall notify the City Manager, and Department Head in writing of any change of address. ON City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 9 BULLETIN BOARDS The Union may provide a serviceable bulletin board in each fire station and Ocean Rescue Headquarters meeting room for use by the Union in posting notices of Union business and activities. All materials posted must be signed by an officer of the Union, who shall be held responsible for the content of such materials. The bulletins, notices or materials posted shall contain nothing of a derogatory nature toward the City, its elected officials, its officers, employees, political candidates, or others. 29 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 10 -A -FR HOURS OF WORK n__i_ _- , A. Non -Shift Personnel - The workweek for regular full-time non -shift employees shall be forty (40) hours. The number of hours per day and the number of days per week shall be five, eight hour days or four, ten hour days as determined by the Fire Chief. The normal workdays per week will exclude Saturday and Sunday unless mutually agreed upon. Employees who regularly work a flex time schedule shall convert to a five (5) eight (8) hour days schedule during weeks that have a holiday, as identified in Article 16. B. Shift Personnel - The normal workday for regular full-time shift employees shall be twenty-four (24) hours. The work week for regular full-time shift employees generally shall be of forty-eight (48) hours duration and scheduled twenty-four (24) continuous hours on duty and forty-eight (48) continuous hours off duty, except in the event of an emergency or a change of shift. No employee shall work more than 48 consecutive hours unless a State of Emergency is declared in accordance with Section 95 of the City's Code of Ordinance. A work week of forty-eight (48) hours duration will be achieved by having one fixed and regularly recurring shift out of generally every seven (7) shifts declared to be a Kelly Day, on which day the employee shall be excused from duty. The above notwithstanding, shift employees may be required to work up to and including one hundred forty-four (144) hours in 30 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 any one 21 -day work cycle, after which time overtime shall be paid in accordance with the provisions of Article 12, OVERTIME. Both parties hereto agree and the Union acknowledges that the City has declared the employees to be "7(k)" employees for purposes of application of the Fair Labor Standards Act. Forms acknowledging this fact for each individual employee shall be provided by the City for acknowledgment by the employee. Section 3 It is recognized and understood that deviations from the foregoing schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. When an employee is transferred from non -shift to shift or shift to shift, or shift to non -shift the City will provide the employee with thirty days' written notice of the change. The employee shall have the opportunity to respond in writing to the change within fifteen days prior to the scheduled change, provided however, the City retains the right to unilaterally make the change. No such deviation shall be considered a violation of this Contract. 31 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 For all employees the work hour shall be broken down into four (4) fifteen (15) minute segments. An employee shall be noted as late for work if the employee does not report ready for work at the assigned work station at the assigned starting time. If an employee reports for work late, eight (8) minutes or more after starting time, the employee shall be docked in major segments of one-quarter of an hour. 32 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 10 -B -OR HOURS OF WORK The workweek for regular full-time employees shall be forty (40) hours. The number of hours per day and the number of days per week shall be five, eight hour days or four, ten hour days as determined by the Department Head. Ocean Rescue SiapeLavlseLaz Lieutenants shall work four, ten hour days. The Normal Ocean Rescue work schedule shall include Saturday and Sunday. It is recognized and understood that deviations from the foregoing schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. When scheduled days off for Ocean Rescue personnel are rescheduled, the City will provide the employee with thirty days' written notice of the change. The employee shall have the opportunity to respond in writing to the change within fifteen days prior to the scheduled change, provided however, the City retains the right to unilaterally make the change. No such deviation shall be considered a violation of this Contract. 33 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 For all employees the work hour shall be broken down into four (4) fifteen (15) minute segments. An employee shall be noted as late for work if the employee does not report ready for work at the assigned work station at the assigned starting time. If an employee reports for work late, eight (8) minutes or more after starting time, the employee shall be docked in major segments of one-quarter of an hour. Section 4 - Schedule Swap Two employees in the same job classification may swap scheduled work hours with the approval of the Ocean Rescue Sidp Loin ,..„d..n Division Chief or his/her designee. The hours worked are excluded from the calculation of the hours worked for which the substituting employee would otherwise be entitled to overtime compensation. The non -working employee is credited with the hours worked by the substitute. 34 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 11 -A -FR Section 1 -- Recall Pa Employees who are recalled to work because of conflagration, shortage of personnel or other situations will come to work immediately. They shall be paid according to the provisions of Article 12, OVERTIME; subject to a minimum of two (2) hours. Section 2 -- Procedure for Recall A. The procedure for recall will be pursuant the Re ea " Stanelainel GpeLating Preeedidre, Vel:�:iffie 1, Artie-lme 2, Seetien GpeL-ating PLceeediar Ve, ,,...,-. T, ALtre, e 2, Seetlen 2-6 (NevembeLc 1999.) -to the October 2, 2015 version of Administrative Policv Volume I, Chapter 2, Section 22, B. In the event of a bona fide emergency, the provisions of this Section shall not apply. Section 3 -- Fire Watch Overtime 1. The purpose of this section is to establish a formal personnel recall procedure for Fire Watch activities as identified in the Florida Fire Prevention Code, utilizing a procedure that is similar to those currently outlined in Article 11 -A -FR, Section 2 of the current Agreement between the parties. 35 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 2. Specifically, Volume II, Article 3, Section 10 (III) (A.) of the Delray Beach Fire Department Operational Procedures would be amended to read as follows: a. Personnel - Employees scheduled for Fire Watch duty will be recalled out of the Fire Watch recall box to be established in the following manner. Personnel that voluntarily want to be considered for Fire Watch duty will submit a notice of interest to the Fire Safety Division. The Fire Safety Division will arrange the Fire Watch recall box in seniority order and schedule Fire Watch overtime in accordance with the following guidelines. b. An employee shall maintain their position in the Fire Watch rotation if they are already on duty during the scheduled Fire Watch. On -duty is defined as working an employee's regular shift or non -shift assignment. c. A Fire Watch commitment by the employee precludes the employee from any other overtime assignment that would occur simultaneously with the Fire Watch. d. Fire Watch recall shall be conducted at a reasonable time when most off-duty employees might be accessible. e. A five (5) minute response shall not be required for Fire Watch commitment. Fire Watch recall should allow ample and reasonable time before proceeding in Fire Watch rotation. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 3. Mandatory Recall - If mandatory overtime is needed, the call back should start in reverse seniority (from junior to senior) for the current contract year. At the end of the contract year the mandatory recall will start over in seniority order. 4. All personnel will be trained by the Department in how to perform Fire Watch duties. Personnel can not be excluded from mandatory recall even if they do not have the training or if they are probationary and not eligible for regular overtime. 5. The overtime will be exchangeable. 37 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 11 -B -OR RECALL Section 1 -- Recall Pay Employees who are recalled to work because of shortage of personnel or other situations will come to work immediately. They shall be paid according to the provisions of Article 12, OVERTIME; subject to a minimum of two (2) hours. Section 2 -- Ocean Rescue Recall Procedures Full and Part -Time employees shall be called into work during staff shortages due to illness, vacations, or other emergencies using the following criteria: If a part-time employee calls out sick, a part-time employee will be contacted first based upon seniority. If unavailable, the next part-time employee shall be called (based upon seniority) until position is filled. If no part-time employee is available for recall, then full-time employees shall be contacted based on seniority (date of hire as full-time employee). Calls will continue until position is filled. Full-time employees shall be called first to replace full-time staff if sick or unable to work. Calls shall be place based on seniority, if no full-time staff is available, part-time employees shall be called based on seniority until position is filled. If an Operations Supervisor position needs to be filled, the Operations Supervisors and qualified full-time, non-probationa WN City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 employees from the step-up supervisory program shall be called first based upon seniority. If there is no full-time, non - probationary employees from the step-up supervisory program available. the Citv shall call all qualified full-time. non - probationary Lifeguards in order of seniority. If the position still has not been filled, the City may call a qualified full-time, non -probationary Ocean Rescue Lifeguard. When a call is placed to either a full or part-time employee for additional work or overtime, their name shall go to the bottom of the availability list (administered by the Operations S•aper______ Lieutenant and Administrative Assistant) regardless of whether employee worked. Full-time emp lemma employees shall have the choice of overtime (earned at 1.5 x the regular rate of pay) or compensatory time (earned at 1.5 x the number of hours worked). It is the employee's responsibility to inform the Ocean Rescue Sidp .Y; nten len Division Chief or Operations Sidjaeicvis Lieutenant of which type of compensation will be earned. If compensatory time is desired, the employee is required to fill out appropriate forms upon arrival and properly fill out the time sheet. Overtime and compensatory time can only be earned when an employee has worked more than 40 hours during that workweek. 39 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 12—A—FR nc �c+r� m r wwc+ Section 1 The City agrees to pay overtime at the rate of time -and -a -half based on a three-week work cycle. Overtime compensation will be computed at the end of each three-week work cycle with compensation for same being on the following paycheck. Emergency and non -emergency call-back work will be covered under the provisions of Article 11, RECALL. In the computation of such overtime compensation, employees shall receive credited hours for any vacation days or holidays which may occur within the pay cycle. Section 2 Non -Shift Personnel - Non -shift Employees will be compensated at the rate of time -and -a -half based on a forty (40) hour work week for hours actually worked, or credited by the City, above eighty (80) hours during a two-week work cycle. Employees working, or receiving credit totaling, less than eighty (80) hours during a two-week work cycle who are called in to work during hours other than their normal shift, shall receive overtime at straight time rates for the non -shift hours worked until they have worked their scheduled hours for that two-week period. Shift Personnel - Shift Employees will be compensated at time - and -a -half rates based on the work week as provided for in M City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Article 10, HOURS OF WORK, in this Agreement for hours actually worked, or credited by the City, above the normal hours of work scheduled for that three-week period. The normal hours of work scheduled for any three-week period will be one hundred forty-four (144) hours. Employees working, or receiving credit, totaling less than their normally scheduled hours of work who are called in to work during hours other than their normal shift, shall receive overtime at straight time rates for the non -shift hours worked until they have worked their scheduled hours for that three-week period or where a paid sick day occurs during a three-week work period, shift Employees will be compensated at time and one-half rates based on hours actually worked or credited by the City above the normal hours of work scheduled for the City's two week pay cycle. 41 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 12 -B -OR nc na n m T 11R" Full-time Ocean Rescue staff will be compensated at a rate of time- and -a -half based on a forty (40) hour work week for any hours worked over forty (40) during the normal work week. Because the Ocean Rescue Division works 365 days a year and are not given the traditional City Holiday's off, the full-time staff shall be compensated at the rate of time -and -a -half during official City holidays (1.5 x # of holiday hours during pay period) when employee attains a minimum of forty (40) hours worked during the pay period. For example: An employee works 40 hours during the pay period which includes the Labor Day holiday - the employee will be paid 20 hours for the Labor Day holiday. The 8 hours that he/she worked plus 12 premium hours. 42 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 13 -A -FR OAT TnTLl Gl 0--L: - 1 Effective October 1, 2014, employees shall be paid in accordance with Schedule A. It is agreed between the parties that the eleven (11) Step P-ay'_man= salary schedule for Fire Rescue employees shall be as follows: Fiscal Years 2014 - 2015 Fire Fighter $42,308 - $67,872 Driver/Engineer $44,536 - $71,446 Paramedic $49,491 - $79,395 Captain $55,653 - $89,281 Paramedic Captain $58,433 - $93,740 Fiscal Years 2015 - 2016 Fire Fighter $42,308 - $69,908 Driver/Engineer $44,536 - $73,589 Paramedic $49,491 - $81,777 Captain $55,653 - $91,959 Paramedic Captain $58,433 - $96,552 Para. Captain/EMS Training $58,433 - $93,740 Para. Captain/Logistics $58,433 - $93,740 Fiscal Years 2016 - 2017 Fire Fighter $42,308 - $72,005 Driver/Engineer $44,536 - $75,797 Paramedic $49,491 - $84,230 Captain $55,653 - $94,718 Paramedic Captain $58,433 - $99,448 Para. Captain/EMS Training $58,433 - $93,740 Para. Captain/Logistics $58,433 - $93,740 Section 2 43 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Effective October 1, 2015 employees shall be eligible to receive an individual performance increase, being in the range of 0% through 5% inclusive. Such individual performance increases shall be received on the same City-wide terms, conditions, and subject to the limitations applicable to other general City employees, excepting: A. Said individual performance increases shall be granted pursuant to the Fire -Rescue Department's Employee Performance Evaluation criteria and forms as determined by the City. B. Employees' individual performance increases shall be effective on their performance evaluation dates. An employee's performance evaluation date shall be one year from the date of hire or last promotion date, whichever occurs later, and annually thereafter. C. Performance increases are based only on base rate of pay within the salary schedule. D. An employee who reaches or is at the maximum amount of the salary range during fiscal years 2015-2016 and 2016- 2017 and who receives only a portion of the recommended merit increase for each fiscal top -out lump sum bonus. ear, shall not receive a City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 FIRE L' IGHTE Step 1 -2 S 4 -5 b -7 S 43 3 9 31 29.34 21. 32 22.34 23. 41 244 1: 26.95 28 .24 29.6B 3-1.1-4 32.63 40 _. v.,....,. 16.95 i7.76 18.62 39:31 z29.4 2-43 z22. 46 23.53 224.66 22.93 27.19 Shift 4-3 inni n 4rrn64,769 c� opo r Step -1 -2 -3 4 § -6 q 34 33 n,4,. 22 . 44 23.52 24 65 25.83 27.97 283 29.73 3i.;6 32.78 343 4n_v 3:7 $4 38.-9 39.69 28.54 2211.52 222..56 223.64 224.7-7- 25.96 227..31 28.63 t nn cnc nr_ 674 444 51nco 5n 'inn 5c nni cn nnn ci 835 64,8-&4 68 174 7 446 � r r r r r r r r LIEUTENANT Step 3 -3 4 § 1& -7 4 4 3$ 33 226.76 28.04 29.39 32.28 33.83 3 5 .-43 37 . i1 38.93 49. 96 42.92 222..30 223.37- 24.49 215.66 26.90 28.19 22954 30.96 32. 44 34.13 35.77 Shift An� 55r 653 Sor r r ,55r�nr 324 6'I�n4 r c��oo Jnn5c moomoon 77272 89, nog 8on not r 45 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 e� 1 3 3 4 -5 23.79 3¢-94 26.13 z2-7..39 28.70 30.08 31 . 82 33.94 34.62 36. 42 38.i7 nn Hee 39:88 229.78 31.78 22.82 223.-92 25.97 9 37 . 158 28.83 38.5 3i.8i Shift i 41 cc-51 c�r co ��n one r PARAMEDIG LIEUTENANT -S-t- 47 3 3 4 28.-09 29.44 30.85 32.34 33.89 35.5i 37.22 39.99 40.88 43.00 45.07 nn H d 33 .4 34.3 35 . 74: 36.95 28.24 39 9 33.92 32.50 34.06 35.84 37.56 Shift i cc74 oo&I ni no inn r _ Q7 LCe,ein 2'^ s l� f)re„e tren-elate, ATC, whr1ehe4e �s L ZCC 13 T� FR, S ee:IE4eTr-e2_. (b ) is as fellwT I A. _Sidlejeet te the seheelidle seteiit in sL'etren 2(G), if the -1 eL= hiEffTreE r the effif) leyeew3lTRllT4e Ce Iche neil�c _ _ ____ - - _ _ _ _ __ _ _ _ _ - ±v 4.8% l t base l- if in stele, -ewe est-ablisheel ee e sz -a ewe levee ase- e s a a ~c -wire an y net an - er-&! pe fe--=---- -- e��ire�ez��f-a�-t-ei� e s t ab lis13 3zr-crrr-c-8z-c��T�.rizc'cr�z�.r pei€ein eEl step--eL= l ,- -- - - ,lidatle.. ' r-eceive the .-7 step i:i n ; l ,^-- ---- e f _,}, 11 � the t -e the -4 4.8% % i n e ice? - ^ =t-e t -=„"r �-e�i =- - - - -- -e�hi nheL sf-aetei=1 J--- h;gheiF -- base a! V y if net -. l l - -- ---- - - -- ---- . 13 T� FR, S ee:IE4eTr-e2_. (b ) is as fellwT I A. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 G. �1,rrit Ef-f-ee-;ye Gcceueic,T2912„ti les,i4=- t�'jaLceviieleelf=eic ±'n an bet -ween alg-reefaent the i et-7eis— . Ye�e-te mT, 2�08, = iintil � rcr�date —that eentraet as jq r-evrd eel as if� rT�t-,at s etre Latm_step n 2 ( feL- Artiele- ale een�nicie 2. yeaLc, h Gne Ye ainTr-ee en z e�]—e f Step the elate that y4e l--frt"e i e pL=rei eVr� 1 i ealef�e -�}i •-7 -f� e lay beth 19ar-ties, jainelgesalms 4:ane15, 2914,respe vim~, the there shall be ne step aic}ems- the --step ffie-,i:effient. yeaiTaf prcre teiF sstep the-Eiate ffievemeiit that- the piAeLa will La - =.id eentiaet qie= was—iFat1freEleleth enEl will ee n t i ., t , , Sei9teffibeLa 30, 201-1-.- 4�feetio=e Geteb eiF 1,z, ffievei:ftent in the step shalml: agai-n myfr--e er, = €eiAeEi e# e; _e --Trite _ =y e , r / the 911: 47 +-1-. 2 G I: 2 � 2, G� �z9�3- 214�s e a 1ty r-crrr4 re ye �se� t$jar=e3z4mdc-- ejeeneLc iia a the neget4mat4mens ;,�? eeesse�eg�eemenr� -Tnzrw1zz'r-t=he eine G4:t-y's 29I2 26!3jai=ejeesal The,t ie step feL- Artiele- ale 13_A FR e _ �el Salaries i _ -g by the Le i 4:e IS, 29I2 ,a that the paid iie_s are_ engaged __ g` Jd L Jge xZse - Y - } ;F t Ye 2GI:32GI:4 2914- lei the _el l _e�-_ r1�y��a�- T=-F��Y=e�1�l�} 2915 _ _ b-,Lg-,� TeL- the Aict4m Leee T TF F ,1-cL 1:3 A -FR ic'ss. P cre r4:ty' l eeE s by eL- 4une-15, 2913 er ffie:vement w4:44 ererrr—eli jainelgesalms 4:ane15, 2914,respe vim~, the pe = 4-e eIe et i v e lythen L -t- =mar aic}ems- the --step 47 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Section 4 3 Employees who serve as Step Training Paramedics shall receive payment of 2 hours of overtime for every 24 hours of Step Training completed. Section 75 4 The nineteen employees working in Special Operations at Fire Station No. 5 (18 personnel) and at Fire -Rescue Headquarters (1 Special Operations Coordinator) shall be eligible for an incentive pay adjustment of $.35 per hour payable monthly. Certification as a Hazardous Materials Technician, Dive Rescue 1, Rope Rescue 1, NFPA 1670 may be recommended as certifications for recognition in Special Operations. Section b 5 Employees working in the EMS Supervisor positions shall be eligible for an incentive adjustment of $1.00 per hour payable monthly. Section 7 6 Employees working in the Fi ice SafetyD TTS a 40 hour work week shall be eligible for an incentive adjustment of $1.008 per hour payable monthly. s• City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Section $ 7 Employees shall not be paid for more than one of the incentive adjustments identified in Section 4, 5, and 6 above. Employees temporarily working in positions noted in Sections -5 4, �'& 5, and -7- 6 6 noted above, shall be eligible for pay adjustment calculated hourly. The employee must work at least fifty percent of any shift or working day, with no accruals of any portion of any shifts/working days, which are less than fifty percent. A temporary absence from duty shall be defined as an absence from a duty position due to one of the following; illness, vacation, Kelly Day, attendance at conferences and other City business, leave of absence or absence without leave. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 13 -B -OR SALARIES Effective October 1, 2014, employees shall be paid in accordance with Schedule A. It is agreed between the parties that the salary schedule shall be as follows: FISCAL YEAR 2015 - 2016 Ocean Rescue 8peia. Siap-�x. Lieutenant 3S, 84B $39,430 $S4,214 $59,635 Ocean Rescue9ffleer Lifeguard 28 6 $31,302 $43,939—$47,342 Ocean Rescue Lifeguard Trainee 226,596 $29,256 $40,223 $44,245 FISCAL YEAR 2016 - 2017 Ocean Rescue 9per. Siapv. Lieutenant $39,430 Ocean Rescue (9ffleer Lifeguard $31,302 Ocean Rescue Lifeguard Trainee $29,256 Section 2 - Performance Increases 50 $59,635 $47,342 $44,245 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Effective October 1, 2015 employees shall be eligible to receive an individual performance increase, being in the range of 0% through 5% inclusive. Such individual performance increases shall be received on the same Citywide terms, conditions, and subject to the limitations applicable to other general City employees, excepting: A. Said individual performance increases shall be granted pursuant to the Fire -Rescue Department's Employee Performance Evaluation criteria and forms as determined by the City. B. Employees' individual performance increases shall be effective on their performance evaluation dates. An employee's performance evaluation date shall be one year from the date of hire or last promotion date, whichever occurs later, and annually thereafter. C. Performance increases are based only on base rate of pay within the salary schedule. D. An employee who reaches or is at the maximum amount of the salary range during fiscal years 2015-2016 and 2016-2017 and who receives only a portion of the recommended merit increase for each fiscal year, shall not receive a top -out lump sum bonus. E j ee t t e the sh ediarle set- eiit- in Seetien 4, rp l eyeesshall be- eligible -te Lceeeive an inEiiviEiidal ��€e e=. rxeice�_se; being :J the -La ge-ef 0% thLceiigh 5% ineleisi-e. S, , eh ., e ; vrdia l peLafeiaffianee 3�G�ed�-l��i-crrr��. anEi s�ibeet le �ee23� to the �-aiir� e the , , mrtat-rens ajaplAmeable—te �- � 1��ccir�r��ce'ircr ^hei� geneLal: e i t rens , G4:ty emf)leyees, 51 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 S a-rdi:nEi bzrdi:ra; peiF€eiaane-eif eLe a s S hia , , le J ,a _ r +- e d I n e -Le ases in a e-eLd-anee wihG edAey, e:ai Eie r anEi additien trethe saiaicyLange ewe—sure eldle—set edt set fe .tee tient in S eetle n 4, an efftpleyeewre S,db�j ee t t ,1 -- e _ -,., _ _ _ epi my '� yj _ _mr b e—e��TA�e�ei-s e'Y�re n ef�},,-'r�,r..„„��,,..,, TQT� eiil�Te- .., .a .- e )�f e L ... anee m ±ffi dfft bends T,n e r s -• 1 l: b e' r-eee4mveel. in effipleyee— s e-,:Farliiat=i-eni—aek s�ZTf�CC� l.-1 e -r TA e .-. } e lee 121erCef=eZthe h " h ael a i iti-e „the —e xpl-el , _ �sidIy' "g i}i leer _ F7�F'i't .-1 ,-__-_Vl' '- __sleensien-w.i t- an / .-.;.-...� ice_ a rel ane s l-. -, , , trLL-enl=ekeeluetibl-e—ebs r��rew the empIeyeels fl# this si�� - ram net have _r ed by the elejaa^-------=--- beniis. Theught shallr ee 4m el e t- s I In ee Gity. L-t-ffient Vie=€ear,„_e €ez b. - g3mven est s s ef the He- e:aLciFenz P �.,, i�,�}.'l.'-�e�,,ye2--".'” " be Seetien4—Sehedulefer i-eTr- co-sliti rge-r, Perfer-maneeiner-eases—and _ ; _ The ^ = l9ir'c'r8-shall Trez 52 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 e i eenticaet was r-ei r rcres, per-fe�rnee ine3ae , shall b Eia iepeentica^cam was aFati:fd:eeI by beth m 'm---' . Fesiigene f Mem :Ic ire r- elate ene yeaiTafteia the —d -ate- mt the pireLa eentiaet 3Fat4:fd:eEi by beth ai rEi wd:Ireentraiae im : d:S ep� ,.�30, 2014— 4.Ef Feet , 9etelgeic 1, 2911, pe €e Veen—ine ie a c e s--anel liii:ftg siifft bendses shall aga, , be €i -e Eo f ein -ajaeLi-eel efe n of i s - l yeain, l , 1 ineE ,l !,ifftf) _moi t -.e ,,see will net eeei,= minless e�-i!they e-Lce jq Levi EieEi €eLc in an air rte' nt te eithein the -ne—epener- }eg etiatiens-- feLn the i2 91z��—an el 2913--2 914 file y -a-- -- in - a _ aePPSser- eelleeti3tp:e l_1aiaJ- -_ -" J a glzcxrtcrr . 53 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 14—A—FR WORKING OUT OF CLASSIFICATION An Employee assigned to a position which position is higher than his/her normal job classification, shall be compensated at a rate five percent (50) above his/her normal job classification beginning on the first (1St) working day of continual work in such higher position. In selecting Employees to fill vacant or absent positions, the City shall endeavor, in good faith, to select an Employee who meets the qualifications for such position; i.e., first from the current promotion list, and secondly from those employees who meet the eligibility requirements to work out of classification, pursuant to the (October 22, 2015) version of Administrative Policy Volume � I, Chapter 2, Section 24 13, "Working Out of Classification." }tee pr-ex}etieaal eiafftimna:� en. If no such qualified Employee who is on duty is available to fill such position, then the City may stile an EFap1eyee—te fill sideh pesiti-en at tti, diseLaetien ef the Departffient HeaderthBcar�ent Head's -ekes gnee—shall backfill such vacancies with qualified personnel per the recall policy. Parties aaree to develop positional task books mutuallv. 54 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 14—B—OR WORKING OUT OF CLASSIFICATION Section 1 An Employee assigned to a position which position is higher than his/her normal job classification, shall be compensated at a rate five percent (50) above his/her normal job classification beginning on the first (1St) working day of continual work in such higher position. In selecting employees to fill vacant or absent positions, the City shall endeavor, in good faith, to equally distribute opportunities to work of classification. Opportunities to work out of classification as an Ocean Rescue Lieutenant shall first be filled by employees that have earned PRC certification and have completed the Ocean Rescue Lieutenant step-up program. If the vacancy still exists, the vacancy may be filled by an employee eligible to participate in the Ocean Rescue Lieutenant step-up program. Finally, if the vacancy still exists, it may be filled by a full-time, non -probationary Ocean Rescue Lifeguard. 55 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 15 VACATION Section 1 All regular employees shall earn vacation leave. Employees become eligible to use accrued vacation after one (1) year of continuous service and may then use vacation as it is earned. Vacation will be earned at the monthly rate as identified in Section 2. Years of continuous service Over, But Less than 0 years 3 years 3 years 7 years 7 years 11 years 11 years Shift/Non-shift Employees Vacation hours earned 12.00/8.00 per month 14.00/9.33 per month 16.00/10.66 per month 18.00/12.00 per month Continuous service shall be considered to be any service in which there has been no interruption by resignation, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave for any month in which the employee does not work a period of fifteen (15) days or more for non -shift employees. M^ City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Section 4 When legal holidays occur within the vacation period of an Employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed (for non -shift employees) or paid as overtime (for shift employees, since they are not permitted to take the day off) as outlined in Sick Leave. However, said overtime paid pursuant to this Section shall be paid at straight time for shift employees; non -shift employees are required (subject to call back) to actually take the legal holiday as a day off; and thus, when said holiday occurs in the vacation period of a non -shift employee, it shall not be counted as one of the employee's vacation days used. Section 5 Vacation Leave shall be used only with the prior approval of the supervisor. Subject only to the requirement of maintaining essential services, as determined by the Fire Chief, seniority shall govern in the scheduling of vacations. There should be a minimum of three (3) spots available for vacation leave on each shift. Vacation shall be scheduled annually through three rounds of selection. The first and second rounds of selection shall require employees to select and reschedule consecutive shifts of vacation leave. During the third round of selection, employees may select from among the remaining vacation slots available. The remaining shifts shall be available on a first come, first served basis. 57 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 The maximum number of vacation hours allowed to be accumulated at any time are as follows: Average Scheduled Work Hours Per Week Re Maximum Accumulated Hours 432 Employees starting to work on or before the 15th of the month will accrue vacation leave for that month. Employees starting to work after the 15th of the month begin accruing vacation leave the following month. Section 8 Any vacation time earned in excess of the above will be forfeited. No additional accrual or payment in lieu of taking vacation is authorized unless prior approval is granted by the City Manager. When an extraordinary workload such as might be caused by special projects or position vacancies,— precludes an employee taking vacation, the City Manager may approve accrual of excess vacation. In such cases, the excess vacation must normally be used during the next quarter of the year. Section 9 An Employee resigning from the service of the City in good standing may be paid for any vacation credit accumulated prior to resignation, provided: NU City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 A. He has completed one year of continuous service. B. He gives at least two weeks' written notice of his/her intent to resign. Employees who retire from the City under the City of Delray Beach Police and Firefighters Retirement System or the General Employee Pension Plan will be paid for any vacation credit accumulated prior to the date of retirement, provided: The Employee gives at least two weeks' written notice of his intent to retire. Section 11 In case of death of an employee, payment for unused vacation leave shall be made to the employee's beneficiary, estate, or as provided by law. 59 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 16 Section 1 The following days shall be holidays for both non -shift and shift employees: New Year's Day Martin Luther King, Jr.'s Birthday Presidents' Day Labor Day (V� Mendes y in SeithcN) Memorial Day Independence Day (July 4) Veterans Day Thanksgiving Day Thanksgiving Friday (for non -shift personnel only) Christmas Eve Christmas Related Holiday Personal Holiday (1 per fiscal year) and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Department Head and City Manager. The Personal Holiday for shift employees will not be granted as time off but will be compensated at 9.6 hours straight time pay on the date selected by the employee and approved by the Fire Chief and the City Manager. Section 2 Fire Department Personnel Only A. Non -Shift Employees - Non -shift employees on the above days shall be off duty with pay subject, however, to being called in for work on such days if required by their supervisor, Fire Chief, and/or City Manager. Employees will be compensated for their eight (8) or ten (10) hour work days respectively. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 B. Shift Employees - Shift employees shall receive 9.6 hours straight time pay at the appropriate hourly rate for each holiday and 4.8 hours pay at the appropriate hourly rate for the half days set forth above. The shift employees will work their normal shift whether on a holiday or not. Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. Section 4 All regular, full-time, non -shift employees shall be granted leave with pay on the holidays listed above. In the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the aforementioned days fall on Sunday, the following Monday shall be considered a holiday. Section 5 Fire Department Personnel Only 61 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 in e 2910 r 2011 r 2GI3, ianel 2013-2014 f-�e-a l yeaics, twe ef the igiad:el ho-drd-aysrd e rreEi 4:n Se e trent abeve shall i-.. • t E G teel helyd sti,=Ft e,rrirrrFrcr eT3—c�'•r -n 1' eRif4eye^ sti' , , eeac mniie—te wei k the-a,,'y: hurleel -wezck lie„r^ bii s , , t- Yeee-i;5ze96eL= 4.8 h...,, s e nt t -e S etre n 2 -, b e"eG n a n eAAFftrd:nate EI h eIrday, nen shi ft ems 1 ewe shall b:_. effdiity witheiit i9ay siibjee , ,.,., eve -, tocfe-alleEi in f-eL= weL=k en saeh El-ays 44 iaeq�id:ic� by the-- si "_v-=ez�Tice Ghrief, and,leiC i:ty HanageL=. The deeisf1 en-at.te L =Hca -1s srrccrrbe in eaeh ef the f e-anyea-- rd�a cre�re-re�shall 1.L �aaE}c by t-�e UfAmen. Tz e U n is e n ki ,: d: n e If y the r dp i-er-tetre f4:i�s; y (9e-term--)-ef- caeh fise-al ycZzi-'vvrrieh cvaeTrelrdays aLce—te3e earn a teE4 ebdLcinEffet majaeeffiinEff f i s c a l ye aLa. F-eic fise-a l yeaL= 2010 2011, the -fin reams -hall n- - - =1 the G rtywh' relays aL=e tebe eIA:ffid:n-a-teEi wi t M +- h _ 0) el a y s ef- r-at4:fre-a t i e n ef this Shift employees shall have the holiday pay (9.6) hours for the New Year's Day holiday reduced by 4 hours with those 4 hours being contributed to the Union Time Pool. Accordingly, all shift employees shall receive 5.6 hours straight time pay at the appropriate hourly rate for the New Year's Day holiday and the Union Time Pool shall be credited with 4 hours for each shift employee for that same holiday effective New Year's Day 2016. 62 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 17 Section 1 The Union recognizes that sick leave is not a privilege which an Employee may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member of an Employee's immediate household (wife, husband, domestic partner, child or parent) where care by the Employee is required. The City, at its sole discretion, has the authority at any time to make inquiry of the subject Employee in order to determine that the sick leave privilege was exercised only for the reasons set forth in this section. Non -Shift Personnel. Except as otherwise provided, all regular, full-time non -shift Employees may be given sick leave with pay at the rate of one working day for each calendar month of continuous service during which there were no absences without leave, provided: 1.Sick leave credits shall accrue during the first six months of service, but shall not be granted until completion of six months 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month 63 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 sick leave will not be credited until the first day of the following month. 3. If a non -shift Employee works less than half the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one hundred forty (140) days (1,120 hours). The Employee may bank all unused sick leave each year until the one hundred forty (140) day (1,120 hours) maximum is reached. Section 3 Fire Department Personnel Only Shift Personnel. Except as otherwise provided, all regular, full-time, shift Employees may be given sick leave with pay at the rate of 9.6 hours for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six (6) months of service, but shall not be granted until completion of six (6) months of continuous service. 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 3. If a shift Employee works less than half of the normal work days during a month for reasons other than vacation, sick leave M City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is 1,344 hours. The Employee may bank all unused sick leave each year until the 1,344 hour maximum is reached. Employees who resign in good standing shall receive pay at their then regular rate for the portion of their accrued sick leave stated below, not to exceed a total payment of 70 days (560 hours) for non -shift employees including Ocean Rescue employees) and 672 hours (for shift Employees): Percentage of Accrued Sick Years of Service Leave to be Paid 0 - 5 -0- 5 - 10 250 10 - 15 50% 15 - 20 75% (or up to 560 hours for non -shift personnel and 672 hours for shift personnel) Employees who retire from the City in good standing after 20 years under the City of Delray Beach Police and Firefighters Retirement System or General Employee Pension Plan shall receive pay at their then regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual of 140 days (for non -shift Employees) and 1,344 hours (for shift Employees and Ocean 65 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Rescue Employees). Ocean Rescue employees who desire to take sick leave shall report to his/her immediate supervisor. Other employees who desire to take sick leave shall report to their Battalion or Division Chief on duty, or if not available, to Delray Beach Police -Fire communications, prior to the start of the first shift/work day of their illness or disability, otherwise they shall be considered as absent without leave. Employees should report in sick at least thirty (30) minutes prior to the beginning of the shift/work day. The Department Head may investigate such absences to determine their validity. When absence is for three or more consecutive working days for non -shift personnel and Ocean Rescue employees or more than two consecutive shifts for shift personnel, the Department Head may require the Employee to provide a certificate from a physician, certifying to the actual disability of the Employee, or may require a letter from the Employee explaining the reasons for such absence. In cases of death of an employee, payment for unused sick leave shall be made to the employee's beneficiary, estate, or as otherwise provided by law, in accordance with Section 4 of this Article. .: City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 18 BEREAVEMENT LEAVE Section 1 The City agrees that when a death or critical illness in which death appears to be imminent, occurs in the family (family being herein defined as follows: father, mother, brother, sister, spouse, domestic partner, child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, grandchild, foster parents, foster child, step -mother, step -father, or step -child; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee, if non -shift personnel and Ocean Rescue employees, may be allowed three (3) working days bereavement leave with pay, or if the employee is shift personnel, may be allowed twenty-four (24) hours of duty bereavement leave with pay. These hours may be taken immediately after the death or at the time of the funeral or memorial service, but in either case they must be taken consecutively. , prevlele� hewev- However, such leave may not be used on more than one occasion per family member, as defined above. Section 2 The City agrees when an employee is notified of the death of a family member while on duty as defined in Section 1 that employee will immediately be relieved from duty with administrative leave pay for the remainder of their shift. The City agrees that the above stated bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement 67 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 leave may be requested by the employee, and if granted, shall be charged to one of the foregoing categories. The employee may be required by the Department Head to furnish evidence of the facts justifying the use of Bereavement Leave. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 19 HEALTH INSURANCE The City agrees to pay the total medical and hospitalization HMO insurance premium for all regular, full-time employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium for all employees under the new coverage. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. .• City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 The City will maintain an insurance committee to discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance program(s). The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non -bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committees. on ratification of this collective bargaining agreement the dual emplovee subsidv practice is discontinued. 70 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 20 A -FR The City agrees that seniority shall consist of continuous accumulation of paid service with the Fire Department. It shall be computed from the date of employment with the Fire Department. Seniority shall accumulate during all approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. p icesti en r�riaefaent, disfftissa,Le s -i gnat mT , e r—rR :tea—air eefftent. SE'nrreic^-.c _.h- ,-,Tal 3-e—�e the t-rsis - er-crra93�di-s1e "' tegethei= as te? ffts with all ether 9peratiens Suser-s • Netiee f 71 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 -eeeer r-evi deel seheel:aseGneee. - e t- e e ,- h e mei reic_ aLce FRri'?iFecrrccFr —fe:aLa (i)--Gpeicdtre-r, : - -i e - - - - ez rbc 72 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Subject to the approval of the Fire Chief, which approval shall be based on enumerated departmental standards, which are published in advance of the selection process, pertaining to: minimum staffing, numbers and types of certifications required within that staffing, and the number and types of officers or other ranks within that minimum staffing level, the choice of vacation period and Kelly days shall be as follows: The annual ehe4:ee request of Kelly e and vacation days peed shall be made at the same time each year with selections on the basis of seniority. Seniority for theme request of a Kelly and vacation day shall be calculated based on the beginning date of an Employee's most recent period of continuous paid service with the Fire -Rescue Department. If more than one Employee started with the Fire -Rescue Department on the same date, then seniority for those Employees shall be established based on the date they filed an application for employment. If more than one Employee filed an application for employment on the same date, seniority for those Employees shall be based on the alphabetical order of their last names. New Employees, hired after this Department -wide annual se ee ;efg request date of Kelly dam and vacation peed days, shall be assigned a Kelly day by the Fire Chief (or his/her designee), said assigned Kelly day to be on a temporary basis until the next annual selection date when that Employee shall make his/her selection, based on seniority, as set 73 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 forth above. Employees transferred from one shift to another shift may retain their previously selected Kelly day, provided that no scheduled overtime results from this action. If scheduled overtime would result from a transferring Employee retaining his/her previously selected Kelly day, the Employee may seleet request a vacant Kelly day as long as scheduled overtime would not result, said Kelly day to be on a temporary basis until the next annual ,selene request date when the Employee shall make his/her se ee ;en request, based on seniority, as set forth above. In the event of layoff for any reason, the Employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations during the year preceding the layoff shall have the opportunity to bump. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said Employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new Employees in a particular classification will be hired for one (1) year or until all Employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this Article. "Recall" from layoff shall mean notifying a laid off Employee to return to work 74 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 by registered mail to the last address listed with the Department as his home address or by giving a laid off Employee personal notice to return to work. If the affected Employee has not responded to recall within three (3) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or the affected Employee has not responded to personal notice recall within three (3) work days, then that Employee shall be considered to have refused recall. 75 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 20 -B -OR SENIORITY Senioritv shall be based on date of hire as an Employee of the Ocean Rescue Division. Seniority shall be the basis for selecting normal days off for Employees. An employee may request to change his or her days off only after they become available through promotion, retirement, dismissal, resignation, or mutual agreement. Each September all days off shall be re -opened for selection for the comina fiscal vear (October throuah September). Selection shall be made in order of senioritv by each full-time employee. Seniority shall also be the basis for the Division's recall procedure and vacation selection process. Operations Lieutenants days off may be rotated effective October 1 of each fiscal year at the discretion of the Ocean Rescue Division Chief for the purposes of ensurina that there is sufficient opportunity for the Operations Lieutenants to work together as teams with all other Operations Lieutenants. Notice of any such rotation of days off must be provided no later than thirty (30) days prior to the implementation of the rotation (September 1 of each fiscal year). In the event the Ocean Rescue Division Chief elects to exercise his or her authority to rotate days off for Operations Lieutenants, the rotation shall be in accordance with the followina schedule: (A = most senior Operations Lieutenant and D = least senior Ocean Rescue Lieutenant). %Z City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 SHIFT 1 SHIFT 2 First Rotation A and B C and D Second Rotation A and C B and D Third Rotation A and D B and C The senior most Ocean Rescue Lieutenant (A) shall select days off and then all remaining Operations Lieutenants will be slotted accordina to the above -provided schedule. Once enacted, the rotation schedule must be completed over the three (3) vear period following enactment unless cessation of the rotation schedule and a return to seniority selection of days off is agreed to in writing by the Union President and the Ocean Rescue Division Chief. In the event that there are more than four (4) Operations Lieutenants, the Union President and Ocean Rescue Division Chief are authorized to modifv the rotation schedule by written aareement executed by both parties. Section 2 In the event of layoff for any reason, the Employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations durina the vear precedina the layoff shall have the opportunity to bump. 77 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said Employees to be recalled are phvsically qualified to perform the work available at the time of recall. The City further agrees that no new Employees in a particular classification will be hired for one (1) year or until all Employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this Article. "Recall" from lavoff shall mean notifvina a laid off Emplovee to return to work reaistered mail to the last address listed with the Department as his home address or by aivina a laid off Emplovee personal notice to return to work. If the affected Employee has not responded to recall within three (3) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the Citv due to inabilitv to locate the addressee, or the affected Employee has not responded to personal notice recall within three (3) work days, then that Emplovee shall be considered to have refused recall. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 21 POSTING OF THIS AGREEMENT The City will make available to the Union twelve (12) copies of this Agreement and the Union will post a copy on the Union bulletin boards provided pursuant to this Agreement at each Fire Station, Ocean Rescue Headquarters, and at other work sites where bulletin boards are located. 79 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 22 MANAGEMENT RIGHTS Section 1 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, to exercise its own discretion unilaterally on all of the following matters, when in its sole discretion it may determine it advisable to do any or all of the following: A. To manage and administer the affairs of the City generally. B. To decide the purpose of each of its constituent agencies. C. To set standards of service to be offered to the public. D. To exercise control and discretion over its organization and operation. E. To direct its Employees. F. To take disciplinary action and dismiss Employees for just cause as to both non -probationary and probationary promoted Employees, and to take disciplinary action and dismiss with or without cause as to new probationary Employees. G. To relieve its non -probationary Employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary Employee from the position to which he was promoted with or without cause, in which event the removed promoted probationary Employee shall be returned to the position from which he was promoted (but this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline M City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 such a promoted probationary Employee for just cause pursuant to subsection F, above), and to remove other promoted probationary Employees which may be necessary because of the return of this Employee to his former position. To relieve other probationary Employees from duty for any reason, with or without cause. H. To determine and re -determine work schedules subject to the provision of Article 10 relating to type of shifts to be worked by the Employees. I. To maintain order and efficiency in its operations. J. To determine and re -determine the number of hours to be worked, subject to the provisions of Article 10. K. To require Employees to be in good physical and mental condition so that they are able to perform the normal duties of personnel in their appropriate department. L. To promulgate reasonable rules and regulations for its Employees not in conflict with the provisions of this Agreement, except that such rules and regulations shall be presumed reasonable in any grievance procedure. M. To set the standards and procedures for application, testing, selection procedures and appointment to positions. N. To take disciplinary action against Employees who violate any provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this Agreement. MH City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 0. Under reasonable circumstances, to dismiss or otherwise relieve from duty Employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. P. To require enhanced supervision of both probationary and non -probationary Employees under reasonable circumstances. Section 2 In addition to the Management Rights enumerated in Section 1 the City of Delray Beach shall have all other rights and prerogatives which in the past it has lawfully exercised or could have lawfully exercised unilaterally subject only to express restrictions on such rights, if any, as are provided in this Agreement. No City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 23 STRIKES AND ILLEGAL ACTIVITY Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of Employees from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by Employees from the full and faithful performance of their duties of employment with the City of Delray Beach, or participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. Section 2 The Union recognizes that strikes by public Employees are pro- hibited by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The Union agrees not to authorize, instigate, or otherwise support a strike, as defined in this Article, and to undertake its best efforts to prevent or terminate any strike which occurs in contravention of this commitment. The Union recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, Florida Statutes, and Chapter 35 of the Code of Ordinances of the City of Delray Beach in the event of a strike in violation of this Article; provided, the Union shall not be liable for such penalties for a City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 strike it did not authorize, instigate or otherwise support if the Union has complied with the requirements of Section 2, sentence 2 of this Article, and provided further it shall be the Union's affirmative obligation to show such compliance. Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any Employee engaging in a strike. The only issue which shall be grievable with reference to the termination is whether or not the Employee was in fact engaged in a strike. Section 5 In the event of a strike, the Union will notify the Employees and inform them that a strike is illegal under Florida Law, of the sanctions which may be imposed against the Union and participating Employees for a strike, and further instruct striking Employees to immediately return to work. The Union agrees that the notification will be in writing and will be made in a good faith effort to get the Employees to return to work. Such conduct shall exonerate the Union from all penalties which may be imposed under this Agreement. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 24 UNCONSTITUTIONALITY CLAUSE Should any section or portion of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific section or portion thereof, directly specified in the decision. Upon the issuance of such decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. Any remaining portions of this Agreement shall remain in full force and effect and shall not be affected thereby. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 25 -A -FR DUTIES OF EMPLOYMENT n__i_ _- , Employees shall not be required to maintain the lawns and grounds; meaning grass, shrubs, and trees, nor to maintain the building exteriors with the exception of the maintenance and installation of storm shutters, nor to paint the interiors or exteriors of the fire stations. Employees shall be required to perform routine station maintenance done on a scheduled basis including but not limited to window cleaning, the cleaning of kitchen and living facilities, training facilities, and other items involved in routine station maintenance and minor repairs of the fire stations and equipment and the City agrees to provide the necessary and proper materials for such employment duties. It is further provided that Employees shall be required to assist in hydrant inspection. and testing, aiall�==patehingg ies a assigned by the FrLe G h i e f e r his eiF her- de �ree— Employees are required to arrive for work in a condition making them ready, willing and able, including being well -rested, in order to perform all of their assigned duties and tasks. :: City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 25 -B -OR DUTIES OF EMPLOYMENT Employees are required to arrive for work in a condition making them ready, willing and able, including being well -rested, in order to perform all of their assigned duties and tasks. Duties of employment shall be as follows: • cleaning of work areas including the garage and kitchen • minor repairs to equipment • minor repairs to lifeguard towers • installation of storm shutters And any other duties deemed necessary by Supervision as related to the delivery of safety services at the Municipal Beach and Beach Parks. The City shall provide the proper equipment and supplies for such duties. The Ocean Rescue staff shall not be required to use power tools for the maintenance or repair of equipment, lifeguard towers or facilities. The Ocean Rescue staff shall not be required to work at the City pools. ME City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 26 -A -FR -- --2 __ , The Labor Management Committee shall meet annually to review and select source materials for each written examination, keeping the material current in accordance with accepted modern day concepts and practices. A list of source material from which the written examination is drawn shall be published concurrent with the exam announcement, and shall be published at least one hundred eighty (180) days in advance of the date of the examination. The examination for the position of Driver Engineer shall be given annually during the month of November. The examination for Lie,t-en Captain shall be given every even year and the examination of Chief Officer shall be given every odd year during the month of June. The date of the promotional examinations may be delayed up to sixty (60) days, due to extenuating circumstances as determined by the City Manager or his or her designee, and if extenuating circumstances persist, may be delayed an additional sixty (60) days. If extenuating circumstances result in a delay of a promotional examination, notice shall be given to the Union at least fifteen (15) days before the examination, if possible. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Section 2 The minimum qualifications for each position are as follows: Driver Engineer - Three (3) years continuous service with the Delray Beach Fire -Rescue Department; and current EMT or Paramedic Certification; and successful completion of the following courses: Pumps and Apparatus, FFP#1601 Hydraulics, FFP#2640 Truck Company Operations, FFP#0703 LIEUTENANT Captain - Five (5) years continuous service with the Delray Beach Fire -Rescue Department; and Current EMT or Paramedic Certification; and Currently serving as a Driver Engineer or have passed the Driver Engineer's Examination; and Successful completion of thirty (30) Semester Hours of college courses, or approved courses specifically identified as Fire Science or EMS Degree courses. A minimum of fifteen (15) hours shall be Fire Science or EMS courses. The remainder of hours may be Fire Science, EMS, or related courses accepted by the State Fire Marshal's Rules and Regulations, 4A-37.073, supplemental compensation which may include EMT or Paramedic college credit courses, not both. In addition to meeting the minimum qualifications for the rank of T;e:at.na Captain, the following shall apply: City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 1. Candidates for Fire Safety Division Tieam}eiiaH Captain shall possess a current State Certification for Municipal Fire Safety Inspector at the time of promotion. 2. Candidates for a Paramedic T iedt .r.a Captain position shall possess a current State Certification for Paramedic and be protocol certified at the time of promotion. 3. Candidates hired after October 1, 1999 shall be required to possess current State Certification as a Paramedic and Municipal Fire Inspector to be eligible to sit for a promotional examination for the position of T ; idte .-. Captain. Chief Officer - Seven (7) years continuous service with the Delray Beach Fire -Rescue Department; and Current EMT or Paramedic Certification; and Currently serving as a Lie:atena ^} Captain for a minimum of two (2) years; and successful completion of sixty (60) Semester hours of college courses, or approved courses specifically identified as Fire Science or EMS Degree courses. After June 2007, an AS or AA degree will be required in place of the sixty (60) semester hours. A minimum of twenty-seven (27) hours shall be Fire Science or EMS courses. The remainder of hours may be Fire Science, EMS, or related courses accepted by the State Fire Marshal's Rules and Regulations, 4A-37.073, .E City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 supplemental compensation which may include EMT or Paramedic college credit courses, not both. In addition to meeting the minimum qualifications for the rank of Chief Officer, the following shall apply: 1. Candidates for a Chief Officer assigned to the Fire & Life Safety Division shall possess a current State Certification for Municipal Fire Safety Inspector at the time of promotion. 2. Candidates for EMS Division Chief shall possess a current State Certification for Paramedic and be protocol certified at the time of promotion. 3. Candidates for Training and Logistics Division Chief shall possess a current State Certification for Basic Instructor at the time of promotion. The Union and the City agree that a passing scored of 700 shall be achieved for each portion of the examination process. If one portion of the examination process is failed, the individual shall not become a candidate for promotion on the next standing list. Examination process weight will be applied for each position as follows: Driver Engineer Written Examination 30% Driving Skills - Non -emergency Operations 30% Practical Skills - Emergency Apparatus Operations 40% 91 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Seniority - 0.5 points per year of service to a maximum of five (5) points Certification Three (3) points for State Certification as a Paramedic Two (2) points for State Certification as a Municipal Fire Inspector One (1) point for certification as a Haz-Mat Technician Lieiitena Captain Written Examination 400 Assessment Center 60% Seniority - 0.5 points per year of service to a maximum of five (5) points Certification - Three (3) points for State Certification as a Paramedic Two (2) points for State Certification as a Municipal Fire Inspector One (1) point for certification as a Haz-Mat Technician Chief Officer Written Examination 400 Assessment Center 600 Seniority - 0.5 points per year of service to a maximum of five (5) points Certification - Three (3) points for State Certification as a Paramedic 92 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Two (2) points for State Certification as a Municipal Fire Inspector One (1) point for certification as a Haz-Mat Technician Section 4 All employees who pass a promotional examination shall be listed on a Promotional List in consecutive order with the employee having the highest score being listed first. For the position of Driver Engineer, the Promotional List shall expire one (1) year from the date it is posted. The Promotional List for T ; e:at-enan Captain and Chief Officer shall expire two (2) years from the date they are posted. The Fire Chief will fill all vacant positions within sixty (60) days of the opening from the current promotional list. Promotional vacancies shall be filled by selection from among those three (3) employees who achieve the highest passing score on the promotion process. If an employee is to be passed over, the Fire Chief shall counsel the individual as to why the employee was not promoted. Section 5 When an employee is promoted to a higher classification and pay grade, the employee's base salary shall be increased by five percent (5o). The employee shall then be placed in the step of the higher classification which is equivalent to the employee's increased base salary. If the employee's new base salary is not equivalent to any step in the higher classification, the employee shall be placed in the lowest step in the higher classification 93 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 that exceeds the employee's new base salary. Whenever a promotion results in an increase of more than ten percent (100) in an employee's base salary, that employee's annual performance review date shall be changed to the anniversary date of the promotion. When a Paramedic accepts an assignment to the rank of Driver Engineer, the Paramedic's grade level shall not be changed. Driver Engineers who become certified Paramedics will have their grade level moved to the same grade as Paramedics. Section 7 To be eligible for a lateral transfer to a vacant Lieutenan Captain position, an employee must meet the minimum qualifications for the position. Lateral transfer application should be considered by the Fire Chief, but no obligation to grant the request is mandated. When a new employee is hired to the position of Fire Fighter/Paramedic his/her salary will begin at the entry level Fire Fighter pay grade. Upon course completion, obtaining his/her Paramedic State Certification, and passing the Department's protocol testing, the employee will be promoted to the entry level Fire Fighter/ Paramedic grade. When this promotion results in an increase of more than ten percent (100), the employee's annual performance review date will change due to the promotion. M City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 27 PROBATIONARY PERIOD - NEW EMPLOYEES The probationary period for all new Employees covered by this Agreement shall be one (1) year from the date of hire excluding time spent outside the department for the purpose of obtaining firefighter or paramedic certification. Probationary Employees shall have no right to utilize the Grievance/Arbitration procedure contained in this Agreement or any other policy or procedure for any matter concerning discharge, suspension or other discipline. 95 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 28 PROBATIONARY PERIOD - PROMOTED EMPLOYEES There shall be a probationary period of one year for each Employee who is promoted to a higher classification within the Bargaining Unit. This probationary period shall commence from the Employee's initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his or her designee shall have the right to remove the probationary Employee from the position to which that Employee was promoted. Any probationary Employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure. A probationary promoted Employee who is removed from the position to which that Employee was promoted, shall return to the position from which that Employee was promoted (however, this shall not be construed as limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted Employee). Other probationary promoted Employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted Employee to his or her former position. .., City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 29 DISMISSAL/DISCIPLINE Section 1 The City Manager or his designee may at any time dismiss or otherwise discipline any Employee for just cause. Section 2 The City Manager shall furnish the non -probationary Employee and the promoted probationary Employee whom he dismisses from the City service, with a written statement outlining in detail reasons for the removal and the date and time such removal becomes effective. A copy of the above-mentioned statement shall also be furnished to the Department Head. Section 3 If criminal charges have been formally instituted against an Employee, the City Manager may place said Employee on leave of absence with or without pay, or reassign to an administrative position after 15 days written notice. During such leave of absence, the City may investigate and take appropriate disciplinary action against the Employee. However, if the Employee is subsequently found not guilty by a trial court of all the criminal charges which had been instituted against the Employee, and if no disciplinary action has been instituted, the Employee shall be reinstated and awarded back pay for the period of said leave of absence. 97 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Section 4 The City shall notify Employees of the institution of any administrative review or investigation, the result of which could ultimately result in the imposition of discipline against the Employee(s) known by the City at said time to be involved, within ten (10) working days of the incident which gave rise to the review or investigation or the Department Head's or Acting Department Heads knowledge of such incident, whichever is later. Furthermore, although nothing contained herein shall preclude the City from increasing, decreasing or otherwise modifying any intended degree of severity of such discipline prior to the time such discipline is imposed by the City, the City may not impose additional discipline against Employee(s) for the same incident and based upon the same facts and circumstances unless there is evidence of additional information not known to the City at the time of discipline being imposed which can support the additional discipline, and further such restriction shall not prevent the City from utilizing such discipline as part of a progressive discipline program or as part of the Employee's(s') employment record for further disciplinary actions or personnel purposes. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 30 RESIGNATION Section 1 Any Employee who wishes to resign in good standing shall give the Department Head a written notice of his or her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Department Head. Notice of resignation shall be immediately forwarded to Human Resources together with said Employee's termination forms. Section 2 If any Employee resigns without giving the required notice, the Department Head shall notify the Human Resources Department; the Human Resources Department shall enter this fact into the Employee's personnel records; and failure to give such required notice of resignation may be considered sufficient reason for rejecting any future application of said Employee to reenter City service. The Department Head may enter a good standing notation into the records of an Employee who fails to give two weeks' notice if he or she feels there were extenuating circumstances. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 31 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Department Head and the City Manager for the following: A. Jury duty or other required appearances before a court or other public body except such appearances required because of the personal matters of the employee or his or her family. B. Official training courses such as conferences, conventions, workshops or similar meetings approved by the City. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time -and -a -half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Department Head to use such leave in order to conduct City business. C. Employees who are required to make off-duty appearances as a subpoenaed witness in any court, administrative proceeding or deposition involving or arising out of the employees duties will be compensated for the appearance at the rate of time and one half (1.5) the employee's regular straight -time rate for the time actually spent, provided that a minimum of two (2) hours time will ne paid and the standard City per mile travel expense allowed will be paid in order to offset the employee's automobile expenses; provided that any mileage 100 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 and witness fees received by the employee will be endorsed over to the City. 101 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 32 LEAVES OF ABSENCE WITHOUT PAY Section 1 Leave without pay, not to exceed one (1) year, may be granted by the City Manager on recommendation of the Department Head to any employee who has entered upon a course of training or study for the purpose of improving the quality of his or her service to the City, or fitting himself or herself for promotion. Section 2 Upon written request of an employee and approval by the Department Head, the City Manager may grant a leave of absence without pay when it will not result in undue prejudice in the interest of the City. 102 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 33 ABSENCE WITHOUT LEAVE Section 1 An absence of an Employee from duty, including any absence for a single day, that is not authorized by a specific grant of leave or absence under the provisions of this Agreement, shall be deemed to be an absence without leave. In determining whether a specific grant of leave of absence exists, it is understood by both parties that the leave request forms must be signed by the employee and the employee's supervisor before taking the leave in all cases except sick leave or bereavement. Any such absence shall be without pay. Section 2 Any Employee who is absent from duty for three (3) consecutive days without securing leave from the shift officer or without notifying him of the reason for such absence and the time he expects to return, may be considered to have resigned without notice. For forty (40) hour personnel, three (3) consecutive days shall mean three (3) work days. For shift personnel three (3) consecutive days shall mean three (3) calendar days. Section 3 All such unauthorized leaves shall be promptly entered into the Employee's personnel records and shall be considered in his merit ratings. 103 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 34 OUTSIDE EMPLOYMENT Section 1 No member of the Bargaining Unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Department Head and reviewed by the Human Resources Department. The granting of such approval depends upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment; and specifically the Fire - Rescue Department. Section 2 Application forms for outside endeavors shall be provided by the City, and approval of such shall be for a maximum period of twelve (12) months, renewable January 1st of each year. Outside employment shall be deemed to include ownership or part ownership of a business, as well as independent contracts by employees to provide labor, services or materials. Such applications shall list the specific job or service and outside employer for all outside employment which arises on permanent or reoccurring basis; provided, however, that applications listing 104 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 general labor services shall be acceptable for infrequent, nonrecurring outside employment. Section 3 No member of the Bargaining Unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the Member from the Department Head and the City Manager, who shall take into consideration the recommendation (s) from the employee's physician and/or from the City's physician, in conjunction with the criteria set forth in Section 1, above. 105 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 35 SOLICITATION OF OR BY EMPLOYEES DURING WORKING HOURS Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable or union purposes and selling of tickets, magazines and other merchandise, is prohibited. This applies to solicitation by City employees, as well as persons who are not employees of the City. Section 2 Employee organizations, their members, agents or representatives, or any persons acting on their behalf are hereby prohibited from: A. Soliciting public employees during working hours of any employee who is involved in the solicitation. B. Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, outdoor areas, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. C. Soliciting for commercial, charitable, or union purposes and selling of tickets, magazines or other merchandise 106 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 while in City uniform or attire, or while using City vehicles or equipment; provided, however, that subject to the express approval of the Department Head in advance, employees shall be permitted to solicit other employees at their job site during non -working hours for purposes of collecting donations for charitable organizations or causes. D. Exerting undue influence on or harassing public employees during working hours relative to such solicitations as referred to in Section 1, above. 107 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 36 NON -APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall have no applicability whatsoever to the Employees covered by this Agreement. City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 37 DAMAGE TO CITY PROPERTY Each Employee shall exercise due caution in the care and handling of all tools and equipment which may come into his or her custody, or over which he or she may have a degree of control. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece or equipment shall be replaced by the City until the defective item is presented by the Employee. All tools and equipment issued to an Employee by the City shall be returned to the City prior to the Employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). The actual cost to repair any damaged (or to replace any lost) personal property of an Employee, including clothing, watches and prescription eye -glasses or contact lenses, normal wear and tear excepted, shall be reimbursed to said Employee by the City if the Employee proves to the City that such occurred in the line of duty. In no event shall such reimbursement be made where it is determined by the City that such damage or loss was the result of the Employee's carelessness, negligence and/or intentional misconduct 109 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 or where such personal property is not a part of his or her job- related equipment. Furthermore, in all instances, the limitation on such reimbursement from the City shall be no more than one hundred dollars ($100.00) per incident or claim; and provided further that in no case shall the reimbursement for any article of personal property exceed the reasonable replacement cost as determined solely by the City. The City shall replace one (1) pair of sunglasses per year, for Ocean Rescue employees, 4:f-4�he sunql-assses-- are —dafftagc—Tim the 44ne of diaty,. up to a maximum replacement cost of $60.00 $120.00 per year. 110 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 38 PENSION PLAN MATTERS The Union and the Employees agree that Chapter 33 of the Code of Ordinances for the City of Delray Beach shall be amended in whatever way necessary to implement the following: (a) to provide for the separation of firefighters from the ill City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 current retirement system such that the retirement system will no longer be jointly for police and fire employees but solely for fire employees operating as a local law plan pursuant to Chapter 175, Florida Statutes. Upon establishment of this plan a new Board of Trustees shall be formed with a Bearcd ef T-r-�composed of two (2) residents of the City appointed by the City Commission, two (2) full-time firefighters elected by the active firefighters who are members of the plan, and one (1) elected by a majority of the other members of the Board of Trustees; (b) to comply with Chapter 2015-39 of the Laws of Florida; (c) to utilize monies received pursuant to Chapter 175 each year to offset the cost of the pension plan (i.e., reduce city pension contributions) up to the amount of money received for the 2013 calendar year ($1,206,994); (d) to establish a multiplier for all future service of 3.0o with no change to the current multiplier or its terms and conditions (3.5o if an employee completes twenty (20) years of service) for service prior to the effective date of the ordinance implementing the changes identified herein, except that the multiplier for employees hired after the effective date of the ordinance shall be 2.750; (e) to establish, for all employees who have not qualified for a normal retirement as of the effective date of the 112 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ordinance implementing the changes identified herein, a normal form of benefit of life with ten (10) years certain with optional forms of benefit available so long as actuarially equivalent to such normal form, provided the normal form of benefit of life with ten (10) years certain would apply to future service of current employees who have not reached the normal retirement date as of the effective date of the ordinance implementing the pension changes; (f) to delay implementation of any COLA on any benefit accrued on or after the effective date of the ordinance implementinq the chanqes provided herein until one (1) r after an emplovee has separated from service with the City; (g) to establish a cap on the normal form of benefit at the time of retirement of $100,000 per year with such ca beina increased by two percent (20) October 1. 2016, and each October 1 thereafter; and (h) to establish, for employees hired after the effective date of the ordinance implementing the changes identified herein, a normal retirement age of age 55 with 10 years of service or 25 years of service and an average final compensation of the highest 5 of the last 10 years of employment prior to retirement. Except as provided herein, Chapter 33 of the Code of 113 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Ordinances shall remain unchanged as it pertains or applies to employees covered by this collective bargaining agreement. e -e that the b,idren t-ethe DeT icay Be- Pelree aa Fie- Ret-d:Lcefaent System is i e -ie ase e by thicee-9e ie e n t The parcres Lealiz and ,nest-an,l that s effie nefftinal enhanccznc ire��enefi cs--'vdzlr�e neeessaicy in e Lade acv effeet,date this Le a -s e in the effip levee—e-entLi bii t i e r a e eiA,°e the �4nien PLaes-idem, eLa his desiEffnee,his �indeLast-anding speZ^_fy—^g the ne��enert-enhaneefft_„+- }e b enaet^d ne i=d�Lt e a l 1 e w fez�Te-ane r -e a-ee d- e FRp , e y ,. r+ -r ti.,,} gee a n—Fes-e a e—e xffial-eees shall een4�Anide—te p a it t i e-ipa��e r�-� rh pteiF � 5 Ge-�reca-l—Pyre.=p -=- Epl-ems—Pe�rsie1?.s€e �--= -n --=--� �� o f the --C it -y' s G e e ef9Lcdinanee s. Notwithstanding any other provision of this Article, the parties agree that once the pension ordinance has been amended in accordance with Section 1 above, the City may revoke its participation in Chapter 175 pursuant to Fla. Stat. 175.411 at any time during the term of this Agreement if it determines that it is dissatisfied with the performance of the Board of Trustees responsible for administering the Chapter 175 pension plan (Plan). In determining the performance of the Board of Trustees 114 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 the City shall consider some or all of the following factors in its sole discretion: i) the investment performance of the plan; (ii) the Board of Trustees' choice of its investment (iii)the extent of the Board of Trustees' efforts to control administrative costs through the use of attorneys, actuaries, accounting firms and other rofessional advisors the Citv utilizes to provide services to its other employee pension plans; (iv) the appropriateness of the Plan's actuarial assumptions and methods; v) the extent to which the Board of Trustees delegates administrative functions to the Citv's Finance Department. As a safe harbor provision, during anv time the Plan is usin the same actuarv, investment advisor, (and is followina that investment advisor's recommendations with respect to portfolio allocation and selection of funds and fund managers) auditor, attornev, and administrative function provider as the Citv's General Municipal Employees Pension Plan, the parties agree the Citv may not exercise its revocation rights pursuant to Section 115 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 4. If the Board of Trustees believes it is operating within the safe harbor established herein, it may request the City to confirm the same in writing. The Citv shall respond to such a request within thirty (30) days of receipt of the same. Once the City has confirmed that the Board of Trustees is operating within the safe harbor, the Citv may not invoke the revocation procedures provided in Section 4 below unless it first provides the Board of Trustees notice of its intent to do the same along with an explanation of why the Board of Trustees is no longer operating within the safe harbor. The Board of Trustees shall have thirty (30) days from the date of receipt of such notice to resume operation within the safe harbor. If the Board of Trustees fails to resume operating within the safe harbor, the City may, at its discretion, proceed to invoke the revocation procedures provided in Section 4 below. If the Citv then rovides notice of revocation pursuant to Section 4(i) below the safe harbor provision may not be utilized and shall no longer be in effect. Section 4 The Citv's exercise of its revocation rights under Section 2 shall be undertaken as follows: (i) the City Manager or designee shall provide at least sixty (60) days written notice to the Union and shall provide a aeneral explanation of the 116 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 reason(s) for the City's intended action in the ii) the issue shall be placed on the agenda for the next City Commission meeting scheduled after expiration of the notice period; (iii)the Union shall be given an opportunity to be heard by their designee at the City Commission meeting held to consider the Citv's exercise of its revocation rights. The parties agree that the Citv's decision to revoke its participation in Chapter 175 shall be final and that the City's exercise of its revocation right under this Article shall not be subject to challenge or appeal through the grievance and/or arbitration provisions of this Agreement or otherwise. In the event the City revokes its participation in Chapter 175, the parties agree that Chapter 33 of the Code of Ordinances for the Citv of Delrav Beach shall be amended in whatever wa necessary to accomplish the revocation, to change the composition of the pension board, and to change the firefighter pension plan as follows: 117 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Tier 1: Employees with 20 or more vears of service and retired/terminated employees: • No change in pension benefits. Tier 2: Employees with at least 10 vears of service but less than 20 years of service at the time of plan chancre: • Multiplier reduced from 3.5% to 3% for all future service all retirement benefits determined using the final average compensation as of the retirement and/or termination date. • Startinq benefit limited to $108,000 per year. • Employees that reach 20 years of service shall retain the 3.5% multiplier for all years of service prior to the Plan change. • Participants remain elicrible for the DROP on same terms as existing on day before amendment to Ordinance. • COLA of not less than one percent (1%) will continue to be applied annually. Tier 3: Employees not vested at the time of plan change: • Multiplier reduced from 3.5% to 3% for all future service all retirement benefits determined using the final average compensation as of the retirement and/or termination date. 118 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 • Employees that reach 20 years of service shall retain the 3.5% multiplier for all vears of service prior to the Plan change. • COLA of not less than one percent (1%) will continue to be applied annually. • Participants remain eligible for DROP on the same terms as existing on the day before amendment to Ordinance. • Average Final Compensation: Highest 5 of last 10 vears. • Starting benefit limited to $108,000 per year. Tier 4: Employees hired after plan change: • 2.75% multiplier for all credited service. • Benefit limited to 68.750 of final average compensation. • Normal Retirement chanced to the later of age 55 or 25 ars of service. • Eliminated Earlv Retirement. • Average Final Compensation: Hiahest 5 of last 10 vears. • Starting benefit limited to $108,000 per year. 119 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Upon the Citv's revocation, anv benefits that were bein rovided with premium tax monev above the 1993 amount shall be discontinued. All accumulated excess state premium tax monies held in reserve at the time of withdrawal and any other premium tax monev that is not allocated to pav for ension benefits or that has been allocated to pa for benefits that are discontinued will be used to pay down the unfunded liability attributable to firefiahters. The Parties agree that, if reauired by the Division of Retirement to accomplish the intent of the preceding sentence, employee contributions may be increased and then immediatelv decreased in an amount equal to the amount used to av down the unfunded liabilitv attributable to firefiahters such that there is no actual chance in emplovee contributions. Section 7 - Ocean Rescue Ocean Rescue employees shall continue to participate in the General Municipal Employees Pension Plan as set forth in Chapter 35 of the Citv's Code of Ordinances. 120 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 39 ANNUAL PHYSICALS The union agrees that the City shall conduct annual physicals including drug and alcohol screening for all employees covered by this agreement, and that such annual physicals for employees age 40 and over shall be more comprehensive for such employees at five (5) year intervals. Personnel shall be scheduled for their annual physical alphabetically by the first letter of their last name as follows: LAST NAME LETTER A thru C D thru H I thru P Q thru Z QUARTER October 1 - December 31 January 1 - March 31 April 1 - June 30 July 1 - September 30 The annual physical for Ocean Rescue employees shall be scheduled and conducted within 15 -days of the em-alovee's anniversary date. 121 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 The Union and the City agree to the concept of a smoke-free fire service, as supported by the Professional Fire Fighters of Florida. Towards that end there shall be no smoking allowed in any area of the fire stations or other Fire -Rescue Department facilities and vehicles, except the apparatus room. The City shall provide, on an annual basis at the time of the Employee's annual physical, a blood screening for infectious diseases for all Employees, which shall include but not be limited to blood screening for all Hepatitis strains, lipid profile and profile 7 laboratory studies which includes information on cholesterol levels of LDL and HDL, Triglycerides, Glucose, BUN, Creatinine, Sodium, Potassium and CO2 levels, Pulmonary Function and Audiometry Test. The City shall make available the following immunization for all Employees. Employees not wishing to receive immunizations shall sign a waiver indicating their refusal. A. Diphtheria Pertussis -Tetanus - every 5 years B. Hepatitis (Type B) - every 5 years C. Rubella (for females of child bearing age) - as needed D. AIDS (If an F.D.A. approved vaccine becomes available during the term of this Agreement). 122 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 The City recognizes how physically demanding the job of a firefighter can be. Recent studies and research have identified the correlation between fitness and improved work performance, injury prevention, stress management as well as reduction of sick time usage as tangible benefits. In an effort to improve and maintain the overall health and fitness of all bargaining unit employees, the Union agrees that the City shall conduct annual fitness assessments. Implementation of this policy shall not be punitive. Fitness assessments will be performed once a year on bargaining unit employees. An outside agency will be contracted to test and confidentially maintain all employee records. Fitness assessments will be scheduled at the employees annual physical. The City and the Union agree to adopt a nationally recognized and validated standards to determine firefighter fitness. Current firefighter fitness parameters as established by ARA/Human Factors will provide the assessment guidelines for the contracted testing agency. Fitness assessments shall test employees aerobic capacity, muscular strength, muscular endurance, body composition and flexibility. Annual fitness assessments shall be mandatory for all bargaining unit employees covered by this contract. Refusal to submit to annual fitness assessments may be grounds for disciplinary action, up to and including termination. Employees hired after the implementation of this agreement will be required to score a minimum of 60 points on the current fitness assessment 123 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 within one year of assessment testing or become eligible for termination. All Ocean Rescue employees are required to pass an annual requalification test. The process begins in October and must be completed within 30 days after receiving notice of passing the annual physical. Ocean Rescue employees who have not completed this test will not be scheduled to work until they have complied with the requalification requirements. They will be considered to be on leave without pay. Ocean Rescue employees unable to perform satisfactorily on the requalification test must request an extension in writing from the Ocean Rescue Superintendent. A second test will be scheduled within 30 days. The Delray Beach Ocean Rescue Annual Requalification Test is composed of the following segments: • 500 meter timed swim (< 10:00) • 300m run/200m paddle/300m run/200m swim (< 30:00 total time) 124 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 40 COMPREHENSIVE DRUG AND ALCOHOL POLICY AND PROCEDURE The City recognizes that employees covered by this agreement are not immune from the problems which face society in general. The problem of drug and alcohol abuse has become widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment for our employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. I. DEFINITIONS For purposes of this policy, the following definitions apply: A. "Alcohol" means ethyl alcohol (ethanol.) References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. B. "Alcohol Abuse" means the use or being under the influence of alcohol or alcoholic beverages on the job by City Employees is strictly prohibited. C. "Drugs" are any controlled substance as defined in Section 893.03, Florida Statutes, not pursuant to a lawful prescription. D. "Drug abuse" is the use of any controlled substance which includes the commission of any act prohibited by Chapter 893, Florida Statutes, or not possessed or taken in 125 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 accordance with a lawful prescription, provided, however, drug abuse shall also include the misuse of prescription and over the counter medication/drugs which have an adverse affect on employee performance. E. "Initial Drug Test" means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimen, usually during a chemical procedure or a more accurate scientifically accepted method approved by The United States Food and Drug Administration or The Agency for Health Care Administration. F. "Collection Site" means a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. The collection site will be a separate and independent entity from the laboratory and/or the medical review offices. G. "Confirmation Drug Test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen. The confirmation method must be capable of providing requisite specificity and quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all the drugs will be gas chromatography/mass spectrometry. 126 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 H. "Medical Review Officer" or MRO means a licensed physician, contracted by the City, who is responsible for receiving and reviewing all confirmation results from a laboratory. The MRO is responsible for contacting all positively tested employees to inquire about possible prescriptive or over-the-counter medication, which could have caused a positive test result. The MRO must have knowledge of substance abuse disorders, and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant medical information. The choice of a qualified MRO shall be determined by the City, providing that no conflict of interest exists with current medical/physical practices. The MRO selected by the City shall be a separate and independent entity from the authorized collection site and/or the laboratory. The City shall give thirty days notice for change of MRO selection except in cases of emergency as determined by the City Manager. The MRO shall maintain the qualifications as established in Chapter 59A-24.008 (I) (a) - (e), Florida Administrative Code and insure testing and analysis compliance in accordance with Chapter 59A-24.006, Florida Administrative Code (R.4996 2010.) 127 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 I. "Laboratory" means a facility licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24, Florida Administrative Code (R. 1:996 2010) and shall be selected by the City. The laboratory will be a separate and independent entity from the authorized collection site and/or the MRO. The City shall give thirty days notice of a change of laboratory selection except in cases of emergency as determined by the City Manager. J. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19) . K. "MRO Contact" The City Human Resources Director shall be designated as the contact person for receiving communication from the MRO reporting positive and/or negative test results. The Human Resources Director shall comply with employee protection and confidentiality provisions as established in this article, and to the extent provided by law. L. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using drugs or alcohol in violation of the City policy determined from specific and articulable facts and reasonable inferences drawn from those facts. 128 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 It is an opinion which a reasonable person would form based upon observation and/or testimony from credible sources. Observation includes but is not limited to, sensory facts (what a person saw, heard, smelled, tested or touched). Reasonable suspicion must be based upon the observation of two corroborating witnesses whenever reasonably possible and reported in writing to the Fire Chief or his/her designee. A copy of this documentation shall be given to the employee prior to testing. The written document shall include the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. M. "Prohibited Actions" - The use or being under the influence of, or possession of illegal drugs or alcohol, on the job by City Employees is strictly prohibited. Any employee who is using, under the influence of, or in possession of drugs or alcohol, as defined in this policy, while on duty is subject to disciplinary action up to and including termination. Employees are also subject to discipline or discharge when they are abusing drugs or alcohol and the abuse occurs off duty and the City Manager or designee determines that the abuse may adversely affect his/her job performance or represents a threat to the safety of the employer, his/her coworkers, or the public, or the off duty conduct is unbecoming to public employment. 129 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 II. TESTING A. Authority to test - The City has the authority to require employees to submit to testing for the presence of alcohol or drugs as defined in this policy. B. Types of Tests - The City may conduct the following types of tests to maintain a drug free workplace program. 1. Annual Physical - Alcohol and drug testing are components of the annual scheduled medical physical. 2. Reasonable Suspicion - The City may require an employee to submit to reasonable suspicion drug testing. The definition of "Reasonable Suspicion Drug Testing" as established in this Article will be the basis for determining whether reasonable suspicion exists to test an employee. 3. Post Accident Testing - If an employee is involved in an accident in which the employee was driving, and anyone of the following occurs: An individual dies, and individual suffers a bodily injury and immediately receives medical treatment away from the accident scene, one or more vehicles incurs disabling damage as a result of the occurrence and is transported away from the scene by tow truck or other vehicle. Disabling damage does not include damages that could be remedied temporarily at the scene of occurrence without special tools or parts; tire disablement without further damage if no spare tire is 130 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 available; or damage to headlights, taillights, turn signals, horns, or windshield wipers. 4. Follow Up Testing - An employee who is returned to work upon successful completion of a rehabilitation program shall be placed on evaluation status for one (1) year following his/her return to City employment. During the one year evaluation period, the City may require the employee to take up to a maximum of four unannounced blood or urine tests for the presence of drugs or alcohol. If at any time during the evaluation period the employee's blood or urine is found to contain the presence of alcohol or drugs, the employee shall be subject to disciplinary action, up to and including dismissal. C. Refusal to Test - An employee that refuses to submit to alcohol and drug testing as established in this Article shall be subject to disciplinary action up to and including termination. III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES PROCEDURES 1. Collection Site and Specimen Collection Procedures including the Designation of Collection Sites, Chain of Custody Form and Procedures, Security Procedures and Specimen Collection (access to authorized personnel only, privacy, and integrity and identity of specimen) shall be in accordance with Chapter 59A-24.005, Florida Administrative Code (R.-1996 2010). The attached Chain of Custody Form will be used for each employee tested. 131 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 2. Collection Site Personnel - a specimen for drug test may be taken or collected pursuant to Section 59.A-24.006, Florida Administrative Code. 3. Prior to any collection of specimen, the Employer shall provide a form for the employee to provide any information he or she considers relevant to the drug test, including identification of currently or recently used prescription or non-prescription medication or other relevant medical information. Such form shall provide notice of the most common medication by brand name or common name as applicable, as well as chemical name, which may alter or affect a drug test. The information provided shall be reviewed by the medical review office (MRO) in interpreting any positive confirmed results. The attached Medical Information Form will be used for each employee tested. 4. Drug Testing Laboratories shall be licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996 2010) in order to collect or analyze specimens for the City's drug testing policy and shall comply with the provisions of Chapter 483, Part I, Florida Statutes. The City shall provide employees with the name, address and telephone number of the laboratory contracted by the City to perform drug testing. Drug Testing Laboratories policy and procedure including laboratory personnel, training of laboratory personnel, laboratory personnel files, and specimen 132 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 security and analysis procedures shall be in accordance with Chapter 59A-24.006, Florida Administrative Code (R.3996 2010). 5. Laboratory Assistance - The approved laboratory shall provide technical assistance to the MRO employee for the purpose of interpreting any positive confirmed test results. 6. Initial Test - The initial screen for all drugs shall be in immunoassay except that the initial test for alcohol shall be an enzyme oxidation methodology. 7. Confirmation Test - All specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MSO), except alcohol will be confirmed using gas chromatography. The City shall comply with confirmation drug testing parameters as established in chapter 59A -24.006(4)(f); Florida Administrative Code (R.1996 2010) as may be amended from time to time. The City shall comply with initial drug testing parameters as in Chapter 59A-24.006 (4) (e) i, Florida Administrative Code (R. 1996 2010), as may be amended from time to time. IV. RELEASE OF RESULTS 1. The laboratory shall report test results to the MRO within reasonable time after receipt of the specimen by the laboratory. 2. The laboratory shall report as negative to the MRO all specimens, which are negative on the initial test or are negative on the confirmation test. The laboratory will not administer-& confirmation test if the initial test is negative. Only 133 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 specimens, which are confirmed as positive on the confirmation test, shall be reported to a MRO only for the specific drug involved. 3. The MRO, the City's MRO contact, and/or the tested employee may request from the laboratory, and the laboratory shall provide, a detailed quantification of the initial and confirmation test results. The records are, to the extent permitted by law, to be considered medical records subject to Federal Law and the laws of the State of Florida. 4. The laboratory shall transmit results to the MRO in a manner designed to insure confidentiality of the information. The laboratory and MRO must insure the security of the data transmission, storage, and retrieval system to only those authorized under Chapter 59A-24, Florida Administrative Code, to obtain such information. 5. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge of substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall evaluate the drug test results by checking the chain of custody form that the specimen was collected, transported and analyzed under proper procedures as set forth in this policy. 6. The MRO will initially notify the employee of a confirmed positive test result within a reasonable period of time of the 134 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 test result from the laboratory and determine if any alternate medical explanations caused a positive test result. 7. If the alternate medical explanation for a positive test result is accepted by the MRO, the test result will be reported to the designated representative as negative. 8. The MRO will communicate and provide a copy of the test results of an employee to the City's MRO contact and to the employee. The test results shall be communicated only after the MRO has verified that the positive and/or negative test results were properly handled and analyzed. In the case of a positive test result, the MRO shall provide opportunity for the employee to discuss the positive test results and to submit documentation of any information relevant to the positive test results. V. CHALLENGES TO TEST RESULTS 1. After receipt by the City of a positive confirmed test result from the MRO, the City must notify the employee in writing of its final decision, which is subject to Article 4, Grievance Procedure of the agreement. 2. An employee/Union may challenge violations of the Drug Testing Policy through the grievance procedures contained within this agreement and the grievance process shall begin as soon as the City notifies the employee in writing of the City's' final decision regarding the tested employee. 3. When an employee challenges the results of testing, it shall be the employee's responsibility to notify the laboratory in writing 135 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 of such challenge. Upon such notification the laboratory shall be required to retain the sample indefinitely until the challenge is settled. Further, the laboratory shall retain all positive confirmed specimens for at least one (1) year from the date of initial testing. 4. Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee, the Union and/or the City by the collective bargaining process and the resulting collective bargaining agreement thereof. VI. EMPLOYEE PROTECTION AND REHABILITATION 1. All employees may, upon request, have a Union representative present during the testing procedure, provided the test will not be delayed more than thirty minutes while waiting for such representation. 2. The City may place employees who are tested for fitness for duty, reasonable suspicion, post accident drug testing, or whose drug test results are confirmed positive as part of their annual physical examination in a non -safety sensitive position, or on administrative leave with pay until a final decision is made on the tested employee by the City. 3. If the employee fails to enter or complete a rehabilitation program, the employee may be subject to discipline up to and including termination. 4. Probationary employees whose blood or urine is found to contain the presence of illegal drugs, or who have been found 136 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 to have used or been under the influence of drugs or alcohol while on duty, shall be dismissed. S. Any non -probationary employee who has tested positive through the confirmation testing process may be placed on a leave of absence without pay for a period of up to sixty (60) days. The employee may use accumulated leave during the leave of absence. The leave of absence is to give the employee an opportunity to rehabilitate him-&€ or herself from abusing alcohol and/or drug abuse. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by the program administrator designated by the City, the employee shall be subject to the requirements below. The employee shall be returned to City employment in the same or similar position (same schedule as to shift or non -shift) to the one which the employee occupied before his or her leave of absence at the same rate of pay as if the employee did not take such leave of absence. Prior to resuming employment with the City, the employee shall be subject to a blood or urine test for the presence of alcohol and/or drugs. 6. After receipt by the City of a positive confirmed test result from the MRO, the employee may request a retest of the original specimen at another laboratory mutually selected by the City and the employee. Provided however, an employee's request for a retest shall be processed only if the request is 137 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 in writing and is received by the City no later than ten (10) days after the employee's receipt of the City's final decision. The requesting employee shall be required to pay for the costs of the retest, including handling and shipping expenses. Upon notice from the City that the employee has timely requested a retest, the MRO shall contact the original testing laboratory to initiate the retest. The laboratory performing the retest shall comply with the drug testing parameters set forth in Section III above, and shall report the test results to the MRO within a reasonable time after receipt of the specimen from the original laboratory. If the retest results are negative, the City will accept the results and will reimburse the employee for the costs of the retest, including handling and shipping expense. 7. All documents and records with regard to the drug testing of an employee will be expunged from an employee's file if the employee is cleared through an administrative or legal challenge, and/or reasonable suspicion drug testing or split sample testing, if the employee's test results are negative. 8. The City will not discharge, discipline, or discriminate against an employee upon the employee voluntarily seeking treatments while under the employment of the City, for an alcohol/drug related problem. 138 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 VII. EDUCATION 1. The City must inform employees about any employee assistance programs that the City may have available. The City shall have a contact person who will be responsible for providing the names, addresses and telephone numbers of an employee assistance program available to employees. 2. The City must provide information for its employees to assist them in identifying personal and emotional problems which may result in the misuse of alcohol or drugs. 3. The City must provide training to all supervisors which will enhance their knowledge and skills in interpreting and administering the provisions of this Article. VIII. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING AGREEMENT The parties agree that all specific references in this policy to Chapter 59A-24, Florida Administrative Code (R.1996 2010), as may be amended from time to time, have been collectively bargained and contractually agreed to by both parties to the extent that the above Administrative Code is applicable and not in conflict with other provisions of this policy or Federal or State Law. The City recognizes that employees covered by this agreement are not immune from the problems which face society in general. The problem of drug and alcohol abuse has become widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment for our 139 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. 140 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 41 MATERNITY LEAVE The City agrees that employees who become pregnant may utilize vacation, sick leave, or leaves with or without pay. Maternity leave personnel shall be eligible for hours of work as specified in Article 10. 141 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 42 WORKERS' COMPENSATION The City agrees for Employees who sustain workers' compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such Employees to current full salary for ninety (90) calendar days, and thereafter shall pay salary/benefits to such Employees in accordance with the requirements of the Florida Statutes. The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from that day forward for ninety (90) consecutive calendar days. 142 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 43 -A -FR CERTIFICATION INCENTIVE PAY Effective date of ratification, employees who are certified by the State of Florida as Municipal Fire Safety Inspectors shall receive certification incentive pay in the amount of $1,080 $1,200 per year ($4-G $100 gross) for each complete month that the employee maintains state certification as a Municipal Fire Safety Inspector. Effective date of ratification, employees who are certified as a Hazardous Materials Technician in accordance with N.F.P.A. Standard No. 471, and No. 472, OSHA 29 CFR -120 and 40 CFR -311 and who maintains certification in accordance with this section, shall receive certification incentive pay in the amount of $1,089 $1,200 per year ($4G $100 gross) for each complete month that the employee maintains certification as a Hazardous Materials Technician in accordance with this section). Certified Hazardous Materials Technicians must be recertified in accordance with Fire -Rescue Department policy. Section 3 Effective date of ratification, employees who are certified by Delray Beach Fire -Rescue Department S.C.B.A. manufacturer(s) in the repair, overhaul and maintenance of S.C.B.A. equipment and rtici-oate in these activities at the desianated S.C.B.A. station shall receive certification incentive pay in the amount of $1,980 143 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 $1,200 per year (4-9 $100 gross) for each complete month that the employee maintains certification in accordance with this section. Certified S.C.B.A. technicians must be recertified in accordance with Fire -Rescue Department policy at least every two years. There will be a maximum of twelve (12) employees eligible for this certification incentive pay. Effective date of ratification, employees who are certified to the standard of Dive Rescue 1, as defined by Dive Rescue International, Inc., and as adopted by the Delray Beach Fire -Rescue Department, shall be eligible to receive certification incentive pay in the amount of civ $1,200 per year (44& $100 gross) for each complete month that the employee maintains certification in accordance with this section. 1. There will be a maximum of forty-five (45) employees eligible for certification incentive pay. 2. To receive the certification incentive pay, employees must have met the training requirements of the Delray Beach Fire -Rescue Department. 3. Employees will be required to recertify every three (3) years. Effective date of ratification, employees who are certified by the Fire -Rescue Department as compliant with "NFPA 1006 -Rescue 144 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Technician Professional Qualifications" in both Rope Rescue and Confined Space Rescue practices; and are certified by the Fire - Rescue Department as meeting standards set forth in "NFPA 1670 - Operations and Training for Technical Search and Rescue Incidents" at the Operations Level for both Rope Rescue and Confined Space Rescue shall be eligible to receive "Specialty Rescue" certification incentive pay, subject to the following terms and conditions: 1. There will be a maximum of eighteen (18) employees, six (6) per shift, eligible for Specialty Rescue certification incentive pay. The Fire Chief may increase the number of personnel eligible to receive Specialty Rescue certification pay if warranted due to operational requirement and safety considerations. 2. The Fire -Rescue Department shall consider seniority, skill proficiency, training participation, safety compliance, and shift staffing, when selecting those employees eligible to receive Specialty Rescue certification incentive pay. 3. In order to remain eligible for Specialty Rescue certification incentive pay, employees must meet the annual training requirements and demonstrate the requisite knowledge and skill proficiency established in NFPA 1006 and NFPA 1670, and shall be evaluated as 145 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 satisfactory for knowledge and skill proficiency by Delray Beach Fire -Rescue. 4. The eligible employees selected by the Department pursuant to this section shall receive Specialty Rescue certification pay in the amount of $3,080 $1,200 per year (44& $100 gross)effective date of ratification, employees, pro -rated for each complete month that the employee maintains skill proficiency in accordance with this section. 5. An eligible employee selected to receive Specialty Rescue certification pay shall receive this incentive compensation even if it exceeds the maximum certification compensation otherwise established for an employee. Effective date of ratification, employees who are certified by the State of Florida as a Fire Investigator II shall receive certification incentive pay in the amount of X080 $1,200 per year ($44 $100 gross) for each complete month that the employee maintains state certification as a Fire Investigator II. A certified Fire Investigator II must be recertified in accordance with Fire -Rescue Department policy. Effective date of ratification, employees shall be limited to a maximum of $3,240 $3,600 per year in total certification incentive pay of three certifications per year. 146 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 RTICLE 43—B—OR CERTIFICATION INCENTIVE PAY Employees who are certified as an Emergency Medical Technician shall receive certification incentive pay in the amount of $1.00 per hour. Effective date of ratification, Ocean Rescue personnel shall receive $.15 $.50 per hour for CPR Instructor Certification. This Section 3 Fulltime employees who are Marine Rescue Consultants or PRC Certified shall receive certification incentive Pav in the amount of $.50 per hour. 147 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 44 COMPENSATORY TIME AND TUITION REIMBURSEMENT PROGRAM Employees may engage in education and/or training by participation in one of the following categories: A. Participation in the City's Employee Development and Training program currently in effect for City employees (Administrative Policies and Procedures Manual, GA -39), dated 2,1:,/99 with the exception of Section C. Supervisors Training Program. B. Employees may participate in other forms of education/ training specifically authorized and approved by the Fire -Rescue Department. When such training is approved by the department, off-duty personnel shall receive compensatory time not to exceed 96 hours. Such compensatory time may be used upon the approval of the employee's Battalion or Division Chief for Fire Department personnel and Department Head or designee for Ocean Rescue personnel, provided that no scheduled overtime may result. C. The exLaent p r -a e t ie e e f P -a r=af teeli e t is a i n ing shall eentiniaed fer- tae lr€e—ef this agr-ent. The awarding of Compensatory Time will be in compliance, pursuant to the department's November 12, 2013 version of Administrative Policy, Volume I, Chapter 2, Section 17,"Compensatory Time". City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 45 LABOR—MANAGEMENT COMMITTEE There shall be a Labor -Management Committee composed of: 1. Four (4) members representing the bargaining unit as designated by the Union, and 2. Four (4) members representing management, as designated by the City Manager. The Committee shall meet to discuss general employment and employer-employee relations matters. Either party, upon five (5) days advance notice, may request in writing that a meeting be scheduled. The request and an agenda specifying the questions or issues to be discussed shall be forwarded to the representatives of the other party and the City Manager or his designee. The time, date, location and maximum length of the meeting shall be determined by mutual agreement of the parties. All members of the committee shall be notified by the City Manager or his designee of the time, date, location and the length of the meeting. 149 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 The City will endeavor to schedule committee meetings so as not to unduly interfere with the regularly scheduled shift of any bargaining unit member designated to attend. Each party shall maintain and submit to the other party a current list of committee members. The City Manager or his designee shall be notified of changes in this list prior to any meeting of the committee. There shall be separate labor management committees for Fire and Ocean Rescue with both committees oneratina in accordance with this 150 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 46 DISABILITY INSURANCE The bargaining unit employee shall be eligible to receive long term disability benefits pursuant to the City's current plan and policies; currently provided to all other City employees. 151 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 47 SICK AND VACATION PAY -OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following two (2) options: A. Provide a lump sum pay -out at termination (retirement) of accrued balance not to exceed 1408 hours (1120 sick leave, 288 vacation) as currently exists for non -shift personnel; and 1776 hours (1334 sick leave, 432 vacation leave) for shift personnel. B. Enable employees who properly notify the City with the intent to retire, at least three years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of total amount authorized at date of designation of retirement. The employee will have two options of payment: 1. The one-third payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation), whichever is greater, be made in cash each year for non -shift personnel; and 1776 hours (1344 sick leave, 432 vacation leave) for shift personnel. a. The first payment will be made 2 years from the date of termination. b. The second payment will be made 1 year from the date of termination. c. The third payment will be made at termination. 152 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 2. The one-third payment may be deposited tax free into the employee deferred compensation (457) account if the annual limit on the employee's 457 contributions has not been reached. 153 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 48 -A -FR RETIREE INSURANCE Local 2928 1842 shall establish the Delray Beach Fire Fighter's Retiree Insurance Fund ("Retiree Insurance Fund") to provide full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separate from employment on or after October 1, 2001. All eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. n__L_ _- n On or before December 31, 2001, and on or before every December 31 thereafter, the City shall make a contribution to the Retiree Insurance Fund in an amount equal to 3.30 1 of the annual base pay of all fire fighters who are employed during the bi-weekly payroll period which includes the prior October 1. For the initial payment to be made on or before December 31, 2001, the annual base pay shall include pay adjustments to be made on November 3, 2001. 11 The parties agreed that the amount of the contribution would be 3.3s of annual base pay following the Union's agreement to accept pay increases that are lower than it had initially negotiated for the term of this agreement. Initially, the City had proposed to increase employees pay by 4.2 % during the first year of this agreement. The Union asked the City to agree to establish this Retiree Insurance Fund and agree to make contributions to the Retiree Insurance Fund. The Union agreed to change the expected pay increases to 2.2% and then have the City contribute the remaining 2' to the Retiree Insurance Fund instead of using it for pay raises. The City agreed to contribute the 2a along with associated payroll taxes and other costs (such as FICA, Medicare, pension costs) that the City's cost associated with the 2s pay increase would be 0.3%. Therefore, the parties agreed that the contribution to be made to the Retiree Insurance Fund in lieu of the pay increases would be 2.30 of annual base pay. The City further agreed to contribute an additional la of base annual salary to the Retiree Insurance Fund. Thus, the total City amount contributed to fund the Retiree Insurance Fund is 3.30 on annual base pay, as set out in this article. The City shall make the annual contribution on behalf of each 154 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 fire fighter in pay status on October 1. Along with the contributions, the City shall provide a list of bargaining unit members for whom payment has been made and the basis for the amount of payment made. For fiscal years 2010-2011, 2 G ! � - 2G!2, 2912 2013,anel 291?2914 , 2014-2015, 2015-2016, and 2016-2017, anel2013 2014-, the City shall contribute to the Retiree Insurance Fund, on or before December 31 of each of those fiscal years, an amount equal to the benefits to be paid by the Retiree Insurance Fund to those former employees of the City eligible to receive a benefit from the Retiree Insurance Fund for the 2":,2912,z91:3, an -el 2014, 2015, and 2016 calendar years. During those specified fiscal years, the requirements for eligibility to receive a benefit from the Retiree Insurance Fund and the amount of benefit to be paid by the Retiree Insurance Fund shall not be modified by the Board of Trustees of the Retiree Insurance Fund. During those specified fiscal years, the Retiree Insurance Fund shall provide to the City, on or before December 1 of each specified fiscal year, a list of former employees eligible to receive a benefit from the Retiree Insurance Fund along with the amount of benefit to be paid to each former employee. The City's contribution shall equal the total of all benefits to be paid to retired firefighters during each of the 291-1, 2014, 2015, and 2016 201:2, 2913 Zz914 calendar years. For fiscal year 203:9 _ 2014-2015, the Retiree Insurance Fund shall refund to the City the 155 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 difference between the City's contribution paid in December 2010 2014 and the amount of benefits to be paid by the Retiree Insurance Fund to eligible former employees during the 2011: 2015 calendar year. 156 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Yt ®_ oh—i • s b Shift Swaps Section 1 Employees shall have the ability to swap shifts so long as the swap does not interfere with the operation of the Fire Department. Shift swaps / Kelly Swaps are voluntary undertakings between two employees, or one employee swapping a Kelly Day, b-tr and must be approved by the department. Responsibility for the repayment of the swaps lies solely with the employees involved. No obligation shall be placed on the department for the repayment of the time voluntarily swapped between employees. Section 2 The employees accepting the swap shall be responsible for entering the swaps into the department's electronic scheduling software at least 72 hours in advanced of the swap. If a swap is within the 72 hour window, the employee will contact the Battalion Chief for approval and the Battalion Chief will, if approved, enter the swap into the electronic scheduling software. The Battalion Chief has the discretion and responsibility for approval of all swaps. When an employee has agreed to work for another employee, the employee agreeing to work in place of another shall be responsible for working the scheduled tour of duty. If an employee is unable to fulfill a swap agreement, he or she shall notify the affected shift's Battalion Chief and provide a replacement. If no replacement is secured, the employee agreeing to the swap will be charged time at the rate incurred for staffing the position, i.e., straight time or overtime (time and one- half). In order to ensure the provision may be 157 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 implemented, an employee must have accrued at least 36 hours of sick leave in order to aaree to work for another emplovee. No three way swaps are permitted unless approved by the Battalion Chief. An emplovee will onlv be allowed to swap a Kellv Dav with himself or herself if it does not create overtime and the swap occurs during the same work cycle. No exchange of time can result in an employee working in excess of two (2) consecutive shifts (48 hours). Exchange of Time for cash or bartered services/ products is strictly prohibited. This will include the practice of working an Exchanae of Time in lieu of Comp Time. 0--4 -- "I lovees shall be limited to a total of 480 hours of swaps per calendar year and shall not, at any time, owe or be owed more than 240 hours of swap time unless a waiver of these limitations has been granted by the Assistant Chief of Operations or his/her designee. Further, employees are limited to no more than 15 consecutive shifts off including leave as a result of a swap, vacation, Kelly Day, and /or compensatory time. It is the responsibility of each employee to ensure that they do not exceed the limitations established herein. Working for another employee while exceeding the 240 hour limit may result in loss of the ability to swap time as -F„ii �. a. First Offense: 6 month suspension of the ability to enter into a swap. b. Second Offense: 12 month suspension of abilitv to enter into a swap. )lovees utilizina a swap for purpose of attendance at a seminar, conference, training, or any similar event or situation where the emplovee is an approved representative of 158 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 the Department or City shall not have such swap time counted against the limitations provided herein. Employees may be required to provide documentation verifying attendance at any such events. A Kelly Day swap shall also not count against the limitations provided herein. Unless approved by the Assistant Chief of Operations, newly hired probationary employees will not be permitted to exchange time during their probationary period. 0-4-4 4- n Exchanges of Time between two (2) employees will be considered for approval provided: a. Both emplovees are required for the exchanae(s). This will require that both parties involved in the Exchange of Time are required and able to work normallv assigned ositions/ranks. This will require position -for - position or someone on the current promotional list. b. Both employees hold the necessary certification(s) in order to work for each other, e.g., Hazmat Technician. c. The member aareeina to work has a minimum of -14 36 hours of sick leave accrual. It is the responsibility of the employee agreeing to work, to refuse to exchange -on if they do not have adequate sick leave. Signing en Agreeing to work for another employee without having a minimum of 44 36 hours of sick leave accrual may result in loss of exchange of time privileaes as follows: • First Offense- 6 months suspension of Exchange of Time privilege. • Second Offense- 12 months suspension of Exchange of Time privilege. d. The exchange does not create anv financial obligation to the City. e. All Exchange of Time requires the person agreeing to work to initiate the request in Telestaff. 159 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 The Battalion Chief or higher is provided the authoritv to grant or deny Exchange of Time. Exchange of Time requests may be disapproved up to 60 hours prior to the start time of the ested exchange. It is the responsibility of those involved in the exchange to verify that the exchange has been approved. 160 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Article 50 Return to Dutv Performance Evaluation Personnel that had been unable to perform their reqularl assigned duties for a period of three continuous months or longer due to a condition that affected lob performance will be required to rovide a note from their attendina phvsician documentina the lovee's abilitv to return to dutv. The note shall contain all ertinent and relevant medical data for evaluation by the phvsician at the Citv of Delrav Health and Wellness Center. In addition, the lovee will be scheduled for a return to dutv performance evaluation with the Citv of Delrav Beach Health and Wellness Center. Eve effort will be afforded to preserve patient confidentialitv while the lovee is nerformina the return to dutv evaluation. Section 2 A decision will be made in a timely manner regarding the Return to Duty after evaluating the patient, review of the doctor's note, examination of relevant medical data, and review of the return to duty performance evaluation (See Chapters 2-5 NFPA 1582, 2013 Edition). The firefighter shall be required to perform the Return to Duty Performance Evaluation in department issue full bunker dear, includin helmet, gloves, and SCBA. The firefighter shall not be required to be on air or don SCBA facemask while performing the evaluation. 161 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 Section 4 Vitals must be taken pre-test and post-test and must be within guidelines. Vitals shall be within the ranges established in the Standard Operating Guidelines, Volume 2, Chapter 1, Section 3, and Paragraph H (Blood pressure: at or below 160/90. Heart rate: at or below 110 bpm without clinically significant dysrhythmias. Respirations: 12 to 24 per minute. Core temperature: No more than 1.6 degrees above or below the pre -monitored reading at or near 98.6 degrees Fahrenheit.). lovees whose vitals fall outside of the listed parameters rior to verformina the return to dutv evaluation shall not be ermitted to test and must report to the City's Worker Compensation rovider for a medical evaluation. Emplovees whose vitals fall outside the listed parameters five minutes after return to duty evaluation testina shall be referred to the Citv's Worker Compensation provider for a medical evaluation and shall be reauired to repeat the return for dutv performance evaluation after rehabilitation has been rescribed and completed. Section 6 The following five elements shall constitute the Return to Duty Performance Evaluation: l.The firefighter shall be responsible for providina a medical release form (see attached) prior to completinq a return to dut 162 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 rformance evaluation. The completed Medical Release Form ma be faxed to the Administration Office at (561) 243-7461. Firefiahters will provide notice to the Citv of Delrav Beach Health and Wellness Center and provide ample time for the Return to Dutv Performance Evaluation process to be completed. After successful completion of the return to dutv performance evaluation, the emnlovee will return to full dutv without restrictions. 2.The firefiqhter shall climb a stair stepper machine for two (2) minutes at a pace set at one (1) step per second (120 steps). 3.The firefighter must grasp a hoseline nozzle attached to a 100' length of uncharged 13-4 inch hose. Place the hoseline over the firefighters shoulder or across the chest technique. Draa the hoseline a distance of fifty feet (501) to a marked finish line. Next, the firefiqhter shall drop to one knee and pull the hoseline until the 25' mark of the hoseline crosses the finish line (a hand over hand technique shall be utilized to accomplish this task). 4.The firefighter shall remove, one at a time, a K-12 and a chainsaw from a four foot (4') high shelf. The firefighter shall place each saw on the ground. Next, the firefighter shall pick up both saws, one in each hand and carry them fifty feet (50') and return the saws to the starting point (firefighters are permitted to place the saws on the ground to adjust grip). Next, the firefighter upon returning to the shelf, place the saws on the ground, pick up each saw one at a time, and replace the saw in the designated space on the shelf. 163 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 5.The firefighter will then connect two 5" couplings using spanner wrenches. 164 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 ARTICLE 44 51 DURATION This Agreement shall be effective from October 1, 2911 2014 through September 30, 2014 2017. Negotiations for a successor Agreement shall commence upon written notice by either party issued between April 1, and May 1, 29!4 2017. Enumeration of the items to be negotiated for a successor agreement shall be submitted no later than the second bargaining session and only those items shall be negotiated, except by mutual agreement. a) Without a successor agreement in place, (after the expiration of this agreement and before the effective date of a successor agreement) wage increases, shall be frozen effective October 1, 2017 until such time as an agreement has been reached. epee feLc the—piaLcpeses pe n s -i en benefits raf�e-t-e (b) The—€ellewing fel addi44ienal baLag inin Jam, 1, pem�en:�r , , yffi- --f i- ff :-he p4man of be earm l e s mice d en e r ; f Le-- e�e d f e Lc the -2 912 2913 it^f s shall be reepened feia negetiatienr- nye-e-eye-aLas,9e-t-ebcrT2012 f eL= the2013--2014 fiseal year-. T b, ^ e�l{e�-yetis hireel pici , , n eLtlsj{T'�nege t i a t i eT fr ��Ce se ice ep� i[edi SepteffibeLc 39, 2013, and 9e:�elqer- 1, � Sept,.,,,b.eL= Aictiele 30, 2014.! 2014.!• 13 - ] TLC • Artiele 0Artre 13 R GTC l 38 Ar 38, Pegs Plan Mat tis lee e ! - e -le- -i e n - , Fftay La e-- epee feLc the—piaLcpeses pe n s -i en benefits raf�e-t-e elth =- paLct- of t -e b e� 1, 201:2, fel addi44ienal baLag inin Jam, 1, pem�en:�r , , yffi- --f i- ff :-he p4man of be earm l e s mice d en e r ; f Le-- e�e d f e Lc the -2 912 2913 fise-a l y e a La eLc €ewe le vim= = s^= La e d en e La o f teiF Getele -F 1; 2013, if Lae-epe plan efienbenefits—e-mane G�datesi � 1TfZ�1-�V n e d s b.-. f eL= the2013--2014 fiseal year-. T b, ^ e�l{e�-yetis hireel pici , , n eLtlsj{T'�nege t i a t i eT fr ��Ce se ice ep� i[edi 165 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 EXECUTION OF AGREEMENT Dated this day of ATTEST: Chevelle D. Nubin, City Clerk Duane D'Andrea, Manager Labor & Employee Relations Approved as to form: Noel Pfefer, City Attorney Dated this day of ATTEST: Craig Mahoney Union District Vice President Chuck Lupo lst Executive Vice President 2015. Donald B. Cooper, City Manager Tennille Decoste Director, Human Resources 2015. Ricky Grau, President 166 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2014 through September 30, 2017 167 November 10, 2015 'rofessional Firefighters/Paramedics Mr. Donald Cooper City Manager 100 NW 1" Ave Delray Beach, FL 33444 Dear Mr. Cooper: of Palm Beach County, Inc. IAFF Local 2928 2328 South Congress Avenue • Suite 2-C West Palm Beach, FL 33406-7674 561-969-0729 • Fax: 561-969-1059 • www.IAFF2928.com I am writing this letter to inform you that the 2014-2017 Collective Bargaining Agreement, between Local 2928 and the City of Delray Beach was voted on during two meetings held Monday November 9, and Tuesday November 10, 2015, passed and; therefore, was ratified. If you should need any additional information regarding this ratification vote, please do not hesitate to contact me. Chuck Lupo 15` Executive Vice President Cc: M. Floyd Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC ®�GCC/BT— a Human Resources MEMORANDUM To: Donald Cooper, City Manager Through: Francine Ramaglia, Assistant City Manager f From: Tennille Decoste, Director, Human Resourc Date: November 9, 2015 Subject: Approval of Collective Bargaining Agreement (IAFF) City Staff have tentatively agreed to a collective bargaining agreement on October 19, 2015 between the City of Delray Beach and the Firefighters/ Paramedics of Palm Beach County, Local 2928, [AFF, Inc. This agreement will be in effect from October 1, 2014 to September 30, 2017. Pursuant to Florida Statutes 447.309 Collective Bargaining; approval or rejection, we are seeking your recommendation for approval of the agreement. Should you concur, please execute this memorandum where indicated below. • k\'� y' �\� Chevelle Nubin Date City Clerk 'Donald B.Cooper(/ ate City Manager CC: Tennille Decoste, Director, Human Resources Duane D'Andrea Labor and Employee Relations Manager Francine Ramaglia, Assistant City Manager Chevelle Nubin, City Clerk venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-269, Version: 1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 17, 2015 CONSIDERATION OF FINAL SPECIAL MAGISTRATE REPORT IN MJH BC, LLC V. CITY OF DELRAY BEACH, IN RE. 528 N.W. 1 ST AVENUE Recommended Action: The City Attorney's Office concurs with the recommendation of the Planning and Zoning Department regarding alternative housing size/configuration options per the reasoning of the Planning and Zoning memorandum accompanying this agenda item. Background: The matter before the City Commission is consideration of the Final Special Magistrate Report ("Report") in the matter of MJH BC, LLC ("MJH") v. City of Delray Beach. The Commission must now accept, accept with modification, or deny the recommendations made in the Report. Procedural Background This is an action challenging the Commission's June 2, 2015 denial of a final plat and waiver request regarding property located at 528 N.W. 1St Ave., Delray Beach, Florida 33444 ("property")(a copy of the agenda memorandum regarding this item from the June 2, 2015 City Commission meeting is included as backup). The original application for final plat was named the "Big Skinny Plat." The property is currently zoned R -1 -AA (Single Family Residential), which requires minimum lot frontage of 75 ft., lot width of 75 ft., and lot area of 9,500 sq. ft. MJH had asked for a waiver of those lot dimensional requirements to allow for new development on the property, which has lot frontage of 50 ft., lot width of 50 ft., and lot area of 9,500 sq. ft. The Commission denied the final plat and waiver request and MJH filed a Request for Relief pursuant to Section 70.51, Florida Statutes, also known as the "Florida Land Use and Environmental Dispute Resolution Act" (the "Act"). The Act statutorily authorizes a property owner to request relief from a local government development order that it believes is "unreasonable or unfairly burdens the use of the [o]wner's real property." Once a property owner files a request for relief, both the agency and the property owner must agree on a "special magistrate" to hear evidence, attempt to mediate the dispute, and ultimately issue a written recommendation regarding the allegations and the potential use of the property. The Act gives the special magistrate broad discretion in recommending a resolution to the dispute. In this matter, the parties agreed upon St. Augustine -based attorney Sidney F. Ansbacher, from the law firm of Upchurch, Bailey & Upchurch, P.A., to serve as special magistrate. Mr. Ansbacher has a wealth of experience in these sorts of procedures under the Act, and he is an experienced practitioner in land City of Delray Beach Page 1 of 3 Printed on 11/13/2015 powered by LegistarT"^ File #: 15-269, Version: 1 use law. MJH's Request for Relief detailed two general areas in which it alleged the City acted unreasonably in denying the June 2, 2015 plat and waiver request: First, MJH argued that the City should be estopped from determining that the property is not a "lot of record" due to statements that had previously been made by City staff that the property was in fact a lot of record. This issue is significant in that, if the property was in fact a lot of record, MJH would not need to seek any waiver from the City Commission in order to develop the property. Second, MJH argued that the Commission's denial of the plat and waiver request constituted a taking of the property. Special Magistrate's Findings and Recommendations A formal Special Magistrate proceeding was held on Friday, September 11, 2015, at which time both the City and MJH presented their arguments and evidence, members of the public were afforded an opportunity to speak, and the parties engaged in "mediation" facilitated by the Special Magistrate. Unfortunately, at that time the parties were unable to agree to a resolution of the dispute, and under the requirements of the Act, the Special Magistrate proceeded to draft his Report, which was finalized and circulated to the parties on October 12, 2015 (a copy of the Report is included) . The Special Magistrate's Report reviews applicable law and regulations, considers the evidence presented at the proceeding, and makes the following findings as summarized below: 1. No basis for estoppel exists, either from City staff originally opining that the property was a "lot of record" or from City staff suggesting that MJH pursue a waiver request to the City Commission; 2. The question of whether the property is a "lot of record" is not an issue for the Special Magistrate to consider on its merits, since that was not an issue presented to the Commission in its consideration of the plat and waiver request; 3. The City cannot reasonably argue that MJH failed to appeal the City's determination that the property is not a "lot of record," when MJH did not request, and the City did not provide, an "administrative interpretation" as that term is used in the City's Land Development Regulations. It is important to note that MJH can still request an administrative interpretation on this issue at any time; and 4. The City's actions thus far do not constitute a taking of the property that would entitle MJH to full compensation. It is important to note that the Special Magistrate's analysis presupposes that a takings claim may be ripe in the future once the City issues a final determination regarding the available uses of the property. Under Section 70.51(19)(b) of the Act, the Special Magistrate is tasked with "recommend[ing] one or more alternatives that protect the public interest served by the development order or enforcement action and regulations at issue but allow for reduced restraints on the issue of the owner's real property..." Accordingly, along with the above -referenced findings, the Special Magistrate also made 9 general recommendations for development on the property. Included in those 9 recommendations are alternative house sizes/configuration options ranging from 1,800 sq. ft. if the structure is configured similar to the way it was originally proposed by MJH, to 2,400 sq. ft. if the entire garage City of Delray Beach Page 2 of 3 Printed on 11/13/2015 powered by Legistar'"^ File #: 15-269, Version: 1 structure is eliminated. City Review of Special Magistrate's Findings and Recommendations The City's Planning and Zoning Department has reviewed the Special Magistrate's recommendations and supports the following 2 of the 5 alternate house size/configuration options: 1. 2,000 sq. ft. in the living space of the house if the garage structure is attached to the main house and faces the street; and 2. 2,200 sq. ft. in the living space of the house if the garage structure is attached to the house but faces the side. A copy of the Planning and Zoning Department's memorandum in this matter, along with supporting documentation, is included as backup to this agenda item. The Planning and Zoning Department is prepared to present the Special Magistrate's various recommendations at the Commission's hearing on this item. The Commission is required by the Act to accept the Special Magistrate's recommendations, accept the recommendations with modification, or deny the recommendations. If the Commission accepts or accepts with modification, MJH then must either accept or reject the Commission's offer. If the Commission denies the recommendations, or if MJH rejects the acceptance or modification, the City is statutorily required to issue a written decision within 30 days that describes as specifically as possible the use or uses available to the property, which written decision would be placed on a subsequent Commission agenda for consideration at a later time. City of Delray Beach Page 3 of 3 Printed on 11/13/2015 powered by Legistar'" MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Stillings, Planning and Zoning Director THROUGH: Donald Cooper, City Manager DATE: November 9, 2015 RE: Regular Meeting of November 17, 2015 528 NW 1St Avenue: Final Special Magistrate Report Under S. 70.5 Florida Statutes; MJH BC, LLC (Petitioner) v City of Delray Beach (Respondent) Background: The subject property is located on the west side of NW 1 Avenue, south of NW 6 Street, and is a residual parcel of land from Lot 11 of the original Model Land Company's Subdivision of Section 8, Township 46 South, Range 43 East as platted in Plat Book 1, Page 4. It measures 50 feet wide by 182.30 feet in length. The property is zoned R -1 -AA (Single Family) with an LD (Low Density Residential, 0-5 du/ac) Future Land Use Map (FLUM) designation and is located within the Lake Ida Overlay District. On July 14, 2014, a certificate of completion was issued for the demolition of the single family structure. On October 30, 2014, a construction permit application for a single family residence was submitted. The permit application was not processed because the subject property does not meet the minimum lot dimensional requirements for R -1 -AA zoned parcels or the requirements to be considered a "lot of record". Both are required to have allowed the construction of a single family residence. In response, the applicant submitted requests for the approval of a subdivision plat and waivers to the minimum lot dimension requirements to address the issues. On June 2, 2015, the City Commission denied the waiver requests (on a 5 to 0 vote) to LDR Section 4.3.4(K), Development Standards Matrix for the Big Skinny Plat, to reduce the lot frontage from the required 75' to the proposed 50', and the lot width from the required 75' to the proposed 50', and the lot area from the required 9,500 sq. ft. to 9,115 sq. ft. The applicant filed for a request for relief under S. 70.5 Florida Statutes, Florida Land Use and Environmental Dispute Resolution Act. Following the Special Magistrate proceedings, the Special Magistrate conducted an investigation of the request and issued a Final Report on October 12, 2015. The Special Magistrate concluded that the neighborhood is comprised of a mix of varying parcel sizes and configurations, some of which do not meet the minimum lot dimension requirements. Further, the minimum allowed house size is 1,500 square feet within the R -1 -AA zoning district "which is so much smaller than the neighborhood norm that it seems perhaps too small to be compatible with surrounding residences". A map showing the building area on each parcel is provided for reference. The Special Magistrate Report recommends that some development should be allowed to occur on the property and has provided five options. The options are listed on Pages 20-22 of the Final Special Magistrate Report. Exhibits illustrating the layout and massing in both plan view as well as perspective view have been prepared for each of the options recommended by the Special Magistrate. Each illustration for the different options all show (in lighter shading) the original mass and dimensions proposed City Commission Documentation: Meeting of November 17, 2015 528 NW I" Avenue by the applicant. The color perspectives represent the various options as recommended by the Special Magistrate. These are for massing/lot coverage analysis and do not represent architectural or landscaping details. The Special Magistrate options provide for varying house sizes (living area) that range between 1,800 square feet to 2,400 square feet. Two of the recommended options include a detached garage, two options include an attached garage and the remaining option eliminates the garage. He concluded that while the garage in the front creates a harsher front to the neighborhood, locating it in the rear of the house results in a "Charleston style" narrow lot, "single" house. However, staff concurs with the Special Magistrate's recommendations that the garage should be attached. Based on staff's assessment of the relationships of the varying square footage options to the parcel size (lot coverage), the massing on the street created with option "a" where the detached garage is located front of the structure, options "b" and "c" are more characteristic of the neighborhood and adjacent properties. However, with option "c" where a side loaded garage is utilized, concerns with respect to maneuverability will need to be addressed (such as increasing the width of the garage to ensure sufficient radius). Staff further concurs with the Special Magistrate's assessment that regardless of the alternative chosen, the following restrictions should be applied: ➢ Limitations on the second floor percentage of the residence and prohibition on load bearing roof on the first floor where the 25% is removed from the second floor. ➢ Driveway to be no wider than 12 feet along the side of the garage (if detached or side loaded). ➢ That windows are introduced along the north side of the house. ➢ That Florida Friendly landscaping (FFL) are utilized. ➢ That the second story of the garage be removed. Recommendation: Staff supports either option "b" or "c" as recommended in the Special Magistrate Report with the above restrictions. Attachments Graphic Illustrations of the Original Proposal and Recommended Options (Plan/Perspective /Comparison to Original) Table Showing Lot Coverage Percentages Tax Map - Properties with less than 75 feet frontage & building square footages Neighborhood Map - showing building square footages Land Development Regulations for R -1 -AA zoned properties E LOT COVERAGE LOT COVERAGE PERCENTAGES Recommended Options House(Living Area) Square Feet Square Feet of Total Building Area (including Garages) Percentage of Lot Coverage A.1 1,880 sq. ft. 2,255 sq. ft. 24.7%. A.2 1,900 sq. ft. 2,355 sq. ft. 25.8%. 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Dig �ILr 1673'x: tea rr r ri x I i m ,„.LRtb i Ti ..31 r 27i ail u , nnu , � nsa.< S47 Sit. - oil 1 ¢-•i a,n�iea,¢i<..a+•ae a,aae sic ¢� 3' D1 L:4330: 1I - _ — - '�i19 ui•c t�F"Q Ill t c ,b• fi0t►i Iii 4t - i --i R/I2.J---Beverly. v%1 ------ n � •', �'- T vil E 4.M @qat.'Q4M104G1` ¢li`u �..d1'pJ(kfff-��-:4tFiTli .. 1.9 ¢itu 331-0# !f21fCtJ2�12� 1 RRIO%fi'�i.7 IES 7►d1911.R3R MINIM= Sr J6;lE TRROPERTY_ 7WmiammmmmmamE NORTH 2696 3789 PARK 4802 3082 2672 2883 4630 No 2441 3058 N NW 9th St 5084 3755 2988 4207 1854 2825 4382 Qm 2386 3316 z U 1890 d "' co 2420 2093 Q 3039 O 3754 2354 2737 2805 = 2772 2077 2136 M 3 z 2177 2340 z 1965 1708 > Q 2104 2263 1849 [6084J cv 5084 2752 2363 4207 2502 4231 4382 2198 2386 2121 2699 112581 1956 3546 y NW 8th St Q VACANT z NW 7th St Z 2866 2267 Lake Ter NW 6th St z 2022 1976 2035 1936 2113 2221 N°' ^ 2094 3o tiz a �co� 1930 2007 o 1524 m `Lobo `�`a� h°' 1910 "o U o` �l^�' > 1808 2223 0 p��' L 3692 1 12670 1 2926 1790 5516 3287 2089 3419 o.3 2177 I N 2027 �s96 2416 2291 ^3 V1bod-Ln 3084 0� 2236 Q 2352 ro co Kings Lynn N I I N 1673 T2613 7153 (D No 0 co 2243 2675 °� N 2196 rn N 0 1983 3962 3232 4496 F4793 3489 5722 N Beverly 4121 N 3316 z U 1890 d "' co N c7 O 3754 2354 2737 ti = N N N Lake Ter NW 6th St z 2022 1976 2035 1936 2113 2221 N°' ^ 2094 3o tiz a �co� 1930 2007 o 1524 m `Lobo `�`a� h°' 1910 "o U o` �l^�' > 1808 2223 0 p��' L 3692 1 12670 1 2926 1790 5516 3287 2089 3419 o.3 2177 I N 2027 �s96 2416 2291 ^3 V1bod-Ln 3084 0� 2236 Q 2352 ro co Kings Lynn N I I N 1673 T2613 7153 (D No 0 co 2243 2675 °� N 2196 rn N 0 1983 3962 3232 4496 F4793 3489 Q N Beverly 4121 't N r N N Dr 2127 3390 2498 2521 NW_7tn_s_t o 3754 2737 3588 = r- N 3 Lake Ter NW 6th St z 2022 1976 2035 1936 2113 2221 N°' ^ 2094 3o tiz a �co� 1930 2007 o 1524 m `Lobo `�`a� h°' 1910 "o U o` �l^�' > 1808 2223 0 p��' L 3692 1 12670 1 2926 1790 5516 3287 2089 3419 o.3 2177 I N 2027 �s96 2416 2291 ^3 V1bod-Ln 3084 0� 2236 Q 2352 ro co Kings Lynn N I I N 1673 T2613 7153 (D No 0 co 2243 2675 °� N 2196 rn N 0 1983 Little Wood 2539 5299 Ln 4496 2706 3396 � rn �-- �-- 0 14- N Beverly 4121 't N r N N Dr 2127 3390 2498 2521 TRINITY EVANGELICAL LUTHERAN CHURCH Lake Ida Rd NE 9th St Georqe Bush Blvd NE 7th St NE 6th St NE 5th St _��>0 NE 4th St Q Properties Showing Building S Subject Property .�� 9 q uare Foota es 9 0 PLADEPARTMENT ING LOCATION MAP Section 4.4.3 Sinqle Family Residential (R-1) Districts: (A) Purpose and Intent: The Single Family Residential Districts have been created in order to provide areas where the traditional single family detached residence can be established and maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further, the Single Family Residential Districts are established in compliance with provisions of Goal Area "A" of the Comprehensive Plan which calls for the preservation and maintenance of stable neighborhoods. The following Single Family Residential Districts are regulated by this Section: [Bullets Changed to Numbers Ord. 36-07 9/18/07] (1) R -1 -AAA (2) R-1-AAAB (3) R -1 -AA (4) R-1-AAB (5) R -1-A (6) R -1 -AB (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 23-01 5/1101] (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. [Amd. Ord. 8-00 4/4/00] (4) Pocket parks. [Amd. Ord. 8-00 4/4/00] (5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). [Amd. Ord. 24-02 7/16/02] (6) Assisted Living Facilities. [Amd. Ord. 01-10 1/19/10] (7) Residential Licensed Service Provider Facilities. [Amd. Ord. 10-11 4/5/11] (8) Community Gardens pursuant to regulations set forth in Section 4.3.3(D). Amd. Ord. 12-11 6/7/11] (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: [Amd. Ord. 68-04 1/4/05] (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. SECTION 4.4.3 (I) (2) (2) Home occupations subject to the restrictions set forth in Section 4.3.3(K). [Amd. Ord. 20-95 4/18/95] (3) Family day care home pursuant to Section 4.3.3(T). [Amd. Ord. 25-10 10/19/10] (4) Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). [Amd. Ord. 79-94 10/18/94] (5) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1) Child care and adult day care. (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F., as appropriate. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). [Amd. Ord. 24-02 7/16/02]; [Amd. Ord. 79-94 10/18/94] (4) The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. (5) Single family detached residences in zero lot developments but only in the R-1 -A and R -1 -AA Districts. Deleted (6) [Amd. Ord. 02-10 1/19/10] (6) Large Family Child Care Home, subject to Section 4.3.3(TT). [Amd. Ord. 25-10 10/19/10] (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). 2 SECTION 4.4.3 (I) (2) (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach Property Owners Design Manual, pursuant to the site plan processing schedule provisions of Section 2.4.8. [Amd. Ord. 36-07 9/18/07]; [Amd. Ord. 68-04 1/4/05] (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). [Amd. Ord. 01-12 8/21/12] (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: [Amd. Ord. 68-04 1/4/05] (1) In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. [Amd. Ord. 36-07 9/18/07]; [Amd. Ord. 68-04 1/4/05] (2) In addition to the provisions of Section 4.3.4(K), properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: [New Section Amd. Ord. 24-08 6/17/08] (a) Maximum Lot Coverage: 1. Forty percent (40%) for one story houses 2. Thirty percent (30%) for multi -story houses (b) The maximum Floor Area Ratio is .35 for a multi -story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy-five percent (75%) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi -story homes in the R -1 -AA zoning district shall be twenty-five feet (25') for the front yard and fifteen feet (15') for the rear yard. 3 SECTION 4.4.3 (I) (2) (e) Minimum setback for multi -story homes in the R -1 -AAA and R-1-AAAB zoning districts shall be thirty feet (30') for the front yard and seventeen feet (17') for the rear yard. (f) Additional landscaping required for both new multi -story houses or additions to existing multi -story houses shall be as follows: 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot (14') shade trees or eighteen foot (18') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height: 1. Single -story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). b. Any portion exceeding the dimensions described in Section 4.4.3(F)(2)(g)1.a. above shall be considered multi -story structures. (h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). (3) Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area (Resolution No. 20-07 - Carver Square Lots 11-30). [Amd. Ord. 25-09 5/19/09] (a) Setbacks: [Amd. Ord. 25-09 5/19/09] (1) Front: 20' (2) Side (Street): 10' (3) Side (Interior): 7.5' (4) Rear 10' In SECTION 4.4.3 (I) (2) (b) Setbacks for Garages, Carports and Porte-Cocheres: Required parking is not allowed in the front or street side setback. Garages, carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street. or alley. [Amd. Ord. 25-09 5/19/09] (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot be enclosed in any manner. [Amd. Ord. 25-09 5/19/09] (4) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section 4.5.1. [Amd. Ord. 01-12 8/21/12] (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: [Amd. Ord. 68-04 1/4/05] (1) In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. [Amd. Ord. 36-07 9/18/07]; [Amd. Ord. 64-04 1/4/05] (2) Within the Carver Square Brownfield Area (Resolution No. 20-07 - Carver Square Lots 11-30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. [Amd. Ord. 25-09 5/19/09] (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). [Amd. Ord. 01-12 8/21/12] (H) Special Regulations: [Amd. Ord. 77-94 10/18/94] (1) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. [Amd. Ord. 77-94 10/18/94] (2) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. [Amd. Ord. 77-94 10/18/94] (I) Construction Site Conditions/Restrictions: Any construction activity, other than construction activity performed by the City or its agents and/or contractors, which requires a permit from the City and which occurs in any of the 6 single family zoning districts listed under Subsection 4.4.3(A) shall adhere to all rules, regulations, laws, SECTION 4.4.3 (I) (2) policies of the City and in addition shall adhere to the provisions set forth herein. [Amd. Ord. 30-06 7-11-06] (1) Work Hours and the time that supplies/materials may be delivered shall be Monday through Friday from 7:00 am to 6:00 pm, and Saturday from 8:00 am to 4:00 pm. [Amd. Ord. 30-06 7-11-06] (2) Work is prohibited on Sundays and the following holidays: New Year's Day, Memorial Day, July 4t", Labor Day, Thanksgiving Day and Christmas Day. [Amd. Ord. 30-06 7-11-06] (3) A temporary trailer, building or storage shed shall be allowed on site from the time a permit is issued and until the certificate of occupancy is granted. No more than one of these trailers/structures/sheds shall be allowed on the site at the same time and the size (footprint) of the trailer/structure/shed shall not exceed 10' x 12'. [Amd. Ord. 30-06 7-11-06] (4) After submission of a construction permit application, if requested by the City, a silt fence shall be installed around the entire perimeter of the property and maintained in a secure operational manner, however part of the silt fence may be removed for site access. [Amd. Ord. 30-06 7-11-06] (5) In the event of tropical storm or hurricane warnings the Applicant/Owner shall empty all dumpsters, remove and/or secure all loose construction debris/materials and port -o -lets, and all roof tiles must be strapped or removed. [Amd. Ord. 30-06 7-11-06] (6) Dumpsters shall be provided if the construction debris, and other debris on site, is of such magnitude that the debris cannot be maintained in a safe or orderly manner on site. Dumpsters containing construction debris shall be promptly emptied when full. When full and waiting removal, the Applicant/Owner must cover the dumpster in an appropriate manner to prevent trash from blowing into neighboring property. Construction materials that are to be used on the job site must be stored in an orderly and neat manner or removed. [Amd. Ord. 30-06 7-11-06] (7) To the extent feasible, provisions for storm water must be made during construction to ensure that no water flows onto neighboring properties. [Amd. Ord. 30-06 7-11-06] (8) Portable toilets are to be placed in as unobtrusive a location as possible, so as not to affect neighboring property, and must be maintained in a neat, clean and sanitary condition. [Amd. Ord. 30-06 7-11-06] (9) All construction activity must be confined to the property under construction. [Amd. Ord. 30-06 7-11-06] (10) Construction parking should be on the job site when possible. In addition, parking is limited to the same side of the street as the site and confined to the property boundaries when possible. No parking is permitted within 25' of any intersection. The street must remain open for vehicular travel at all times. [Amd. Ord. 30-06 7-11-06] 9 SECTION 4.4.3 (I) (2) (11) All deliveries to the site must be placed on the construction site only. Third party deliveries (deliveries by anyone other than the property owner) are prohibited on Sundays and the following holidays: New Year's Day, Memorial Day, July 4t", Labor Day, Thanksgiving Day and Christmas Day. [Amd. Ord. 30-06 7-11-06] (12) Streets adjoining the project must be cleaned of construction debris and other trash and debris and dirt on a daily basis. The Applicant/Owner is responsible for protecting and cleaning City drainage systems of construction dirt and debris, upon request from the City. [Amd. Ord. 30-06 7-11-06] (J)Violations of 4.4.3(I): The City shall have any and all legal remedies available to it to enforce Section 4.4.3(I), including but not limited to, injunctive relief, issuance of a Notice to Appear, issuance of a Code Enforcement Citation, issuance of a Stop Work Order and any other penalty herein provided in the Code of Ordinances and the Land Development Regulations and as set forth in Section 10.99 of the Code of Ordinances. [Amd. Ord. 30-06 7-11-06] 7 DEVELOPMENT REGULATIONS LDR Section 4.3.4 (K) "Development Standard Matrix"; LDR Section 4.3.3(Q) Guest Cottage and LDR Section 4.6.9 "Off -Site Parking"; provides the regulations for the construction of a single family residence and guest cottage within the R -I -AA zoning district. LDR Section 4.3.4(K) "Development Standards Matrix R -1 -AA Min. Min. Min. Min. Min. Lot Min. Min. Min. Min. Min. Max. Lot Lot Lot Floor Frontage Open Front Side Side Rear Building Size Width Depth Area (ft.) — I/C Space Setback Interior Street Setback Height (scl t.) (ft.) — (ft.) (scl t.) N (ft.) Setback Setback (ft.) (ft.) I/C Required 9,500 75/95 100 1,500 75/95 25 30 10 15 10 35 ARKING REGULATIONS LDR Section 4.6.9(C)(2)(a): Single Family Detached Residences, including Assisted Living Facilities: -- two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space may be located in a required front or street side setback. GUEST COTTAGE (LDR Section 4.3.3(Q): (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, (except in Bed and Breakfast Inns), or persons employed for service on the premises. (2) The guest cottage shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. 6111. .0 • I 0 10' 20' 40' 60' • — mkeft* � I 40"4FEW 10' Rear Setback r 30' Front Setback 10' Side Interior Setback at+- i * `I 60,6if s Aw- %, Jon E. Schmidt and Associates Landscape Architecture & Site Planning 2247 Palm Beach Lakes Blvd.- Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684-6141 . Fax. (561) 684-6142 E-mail: Jschmidt@jesla.com Website: www.jesla.com License No.: LC26000232 00 N ct U ct N I • ct r-01 U T O 11 1 'Date: 11/06/15 Scale: 1" = 20'-0" Design By: BMC Drawn By: BMC Checked By: Jes File No. 747.04 Job No. 15-95 REVISIONS / SUBMISSIONS Original Request OR—1 of Jon E. Schmidt and Associates Landscape Architecture & Site Planning 2247 Palm Beach Lakes Blvd.- Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684-6141 . Fax. (561) 684-6142 E-mail: Jschmidt@jesla.com Website: www.jesla.com License No.: LC26000232 00 N kn ct O r U ct U ct U O REVISIONS / SUBMISSIONS Alternative Layout AL -1 of 5 Date: 11/06/15 Scale: 1" = 20'-0" Design By: BMC Drawn By: BMC Checked By: Jes File No. 747.04 Job No. 15-95 REVISIONS / SUBMISSIONS Alternative Layout AL -1 of 5 Scale 1 "= 20'-0" Jon E. Schmidt and Associates Landscape Architecture & Site Planning 2247 Palm Beach Lakes Blvd.- Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684-6141 . Fax. (561) 684-6142 E-mail: Jschmidt@jesla.com Website: www.jesla.com License No.: LC26000232 N BMC Checked By: Jes File No. 747.04 N 15-95 ct �o w 'Date: 11/06/15 Scale: 1" = 20'-0" Design By: BMC Drawn By: BMC Checked By: Jes File No. 747.04 Job No. 15-95 REVISIONS / SUBMISSIONS Alternative Layout AL -2 of 5 0 10' 20' 40' 60' • — 10' Rear Setback i 44' i I 11111111 11111111 - -- 30' Front Setback 10' Side Interior Setback OPP { rA- o "i4W i; dimwo 4F � 11111111 11111111 � 11111111 11111111 � 11111111 11111111 mommomi �421 1 Option B � I I I II Jon E. Schmidt and Associates Landscape Architecture & Site Planning 2247 Palm Beach Lakes Blvd.- Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684-6141 . Fax. (561) 684-6142 E-mail: Jschmidt@jesla.com Website: www.jesla.com License No.: LC26000232 00 N ct U ct N ct U Q O REVISIONS / SUBMISSIONS Alternative Layout AL -3 of 5 'Date: 11/06/15 Scale: 1" = 20'-0" Design By: BMC Drawn By: BMC Checked By: Jes File No. 747.04 Job No. 15-95 REVISIONS / SUBMISSIONS Alternative Layout AL -3 of 5 0 10' 20' 40' 60' • — ftrm. -0-y - - 10' Rear Setback 30' Front Setback 41' I I I L------- 11111111 11111111 � 11111111 11111111 10' Side Interior Setback — — — = — — 0 0 Jon E. Schmidt and Associates Landscape Architecture & Site Planning 2247 Palm Beach Lakes Blvd.- Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684-6141 . Fax. (561) 684-6142 E-mail: Jschmidt@jesla.com Website: www.jesla.com License No.: LC26000232 P-.00 E�i 0 00 N kn ct U ct MN W ct U REVISIONS / SUBMISSIONS Alternative Layout AL -4 of 5 Date: 11/06/15 Scale: 1" = 20'-0" Design By: BMC Drawn By: BMC Checked By: Jes File No. 747.04 Job No. 15-95 REVISIONS / SUBMISSIONS Alternative Layout AL -4 of 5 0 10' 20' 40' 60' • - 10' Rear Setback 2 -Story Residence 2,400 sf 30' Front Setback 10' Side Interior Setback Jon E. Schmidt and Associates Landscape Architecture & Site Planning 2247 Palm Beach Lakes Blvd.- Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684-6141 . Fax. (561) 684-6142 E-mail: Jschmidt@jesla.com Website: www.jesla.com License No.: LC26000232 REVISIONS / SUBMISSIONS Alternative Layout AL -5 of 5 'Date: 11/06/15 Scale: 1" = 20'-0" Design By: BMC Drawn By: BMC Checked By: Jes File No. 747.04 Job No. 15-95 REVISIONS / SUBMISSIONS Alternative Layout AL -5 of 5 MJH BC, LLC, Petitioner, V. CITY OF DELRAY BEACH, Respondent, In re: S. 70.51, Fla. Stat., proceeding FINAL SPECL4,L MAGISTRATE REPORT i MJH BC, LLC (MJH, Owner, Petitioner), requested a 70.51, Fla. Stat., Proceeding to challenge the City of Delray Beach (City) denial of a waiver from lot size and width requirements to authorize a house on Owner's parcel at 528 N.W. I" Avenue, Delray Beach, Florida (the ParceI). The Owner and City agreed to use the undersigned to serve as a "Special Magistrate" to conduct the s. 70.51 proceeding. After multiple prehearing filings and discussions, the proceeding took place pursuant to notice on September 11, 2015. The Parties impassed at the mediation phase described below, requiring the undersigned to issue a report pursuant to the statute. I issued a draft on September 25, 2015, and invited the Parties to file exceptions within one (1) week. They did so, on October 2, 2015, and. the Owner authorized me to recommend potential resolutions of this matter to the City. This final report follows, complete with recommendation. I. THE STATUTE This matter arises under s. 70.5 1, Fla. Stat., also known as the "Florida Land Use and Environmental Dispute Resolution Act" or "FLUEDRA." S. 70.51(1) (the Act). The Act authorizes an Owner of Land or Real Property to request a s. 70.51 proceeding when the Owner alleges that "a development order, either separately or in conjunction with other development orders, ... is unreasonable or unfairly burdens the use of the [ojwner's real property." Id. at (3). The Act defines "development order" as "any order ... which is or will have the effect of ... denying ... an application for a development permit ...." Id. at (2)(a). I thank the Parties and interested neighbors and members of the public for participating in the mediation and related alternative dispute process first prong of this matter. Unfortunately, it impassed. I write this report as a result. Subsection (2)(b) defines a "development permit" as "any action of local government" that "has the effect of authorizing the development of real property." Subsection (2)(g) defines "land" or real property as "includ[ing] any appurtenances and improvements to the land." The Act does not define "development," but s. 380.04, FIa. Stat., defines the term: 380.04 Definition of development. — (1) The term "development" means the carrying out of any building activity ... [or] the making of any material change in the appearance of any structure or land .... Once the Owner files a s. 70.5 1, Fla. Stat., request, the local government must forward the request to an agreed upon "special magistrate," .Id. at (4). The local government may respond to the request. Id. at 16(a). The Act also requires an opportunity for neighbors and persons who appeared below to have meaningful participation. Id. at (5), (12), (15)(b), 17(c). The s. 70.51 proceeding has two prongs. Subsection (17)(a) provides that "the first responsibility of the special magistrate is to facilitate a resolution of the conflict between the owner and the governmental entit[y]...." This requires "the special magistrate" to "act as a facilitator or mediator between the parties in an effort to effect a mutually acceptable solution." Id. If the parties cannot settle in the first prong, the special magistrate must prepare and file with all parties a written recommendation. Id at (19). This requires consideration of "the facts and circumstances set forth in the request for relief and any responses and any other information produced at the hearing in order to determine whether the action by the government entity ... is unreasonable or unfairly burdens the real property." Id at (I 7)(b). The seminal article on the 1995 legislation that created s. 70.51 states: Unlike the Harris Act, which provides an ample, if flexible, definition for the operative legal standard, [s. 70.511 does not define the term "unreasonable or unfairly burdens" which must be applied by the special master to determine a landowner's rights. Deliberately opting to omit a definition of the term, the drafters chose to rely on the common sense judgment of the special master [now magistrate] selected by the parties themselves. D. Powell, et al,,4 Measured ,Step to Protect Private Property Rights, 23 F.S.U. L. Rev. 255, 300 (1995). Subsection (18) lists an exhaustive, but nonexclusive list of "circumstances to be examined in determining whether the development order ... is unreasonable or unfairly burdens use of the property." Id While the special magistrate must "give weight only to K relevant information," he or she is not limited by strict evidentiary rules. D. Powell, et al, at 308-09, fn 352-56, and accompanying text (1996). If the special magistrate finds the development order is neither unreasonable nor unfairly burdensome to the property, the process ends. If, however, the special magistrate finds one or the other condition exists, and the Owner authorizes the special magistrate to do so, the special magistrate may recommend one or more alternatives that protect the public interest served by the development order, but reduce the burden on the property owner. Id. at 309, fn 357-59, and accompanying text, citing s. 70.51(19). Subsection (19) lists ten, nonexclusive options for proposing relief to the owner. The local government has 45 days to accept, reject or accept with modification, the special magistrate recommendations. If the owner rejects the recommendation of a modification by the government, or if the government rejects the recommendation, the local government "must issue a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property." S. 70.51(22). A. AS APPLIED Petitioner, or Owner, acquired a 50' x 182' lot at 528 N.W. 1" Avenue, with a 1925, 828 sf house, on April 29, 2014. The house had long lain empty, and was decrepit by the time Petitioner bought the Parcel. Petitioner paid less than $300,000 for this parcel, apparently reflecting the "teardown" condition of the house, and perhaps the inadequate lot size. The neighborhood .is generally upscale. Almost all area homes sell for well over $1,000,000. The house was in an unusual configuration. It lay toward the back of the Parcel. The Parcel was particularly lush, owing I suppose to the longtime desuetude. The front yard is particularly lush. The facts and relevant code provisions are rather complex. Therefore, I will first explain the City code provisions. I will then apply them to the facts. The parties presented a lot of issues for just one lot. I. LOT STANDARDS This matter requires a multi -tiered analysis. The City's Land Development Regulations, or LDRs, control most of the issues. Section 4.3.4 of the LDRs establishes the "Base District Development Standards," including those for "area," "size" "and other aspects of development." Id at (A). Subsection (B) states in pertinent part: (B) Lot Area: The area contained within the perimeter of the lot upon which the use is to be located. (1) Said area shall be calculated prior to dedication of additional land for right-of-way purposes or for dedication as a lake management tract. The lot area described in the matrix is the minimum lot area which is required for the establishment of use. 3 Subsection (C) defines "width": (C) Width. The mean horizontal distance between the side lines of a lot measured at right angles to the depth .... Subsection (D) defines "depth": (D) Depth. The distance measured from the midpoint of the front lot line to the midpoint of the opposite rear line of the lot. Subsection (E) defines "front" and "frontage": (E) Front and Fronta e. (1) Each lot is required to have frontage. (3) The front of a lot is the side with frontage on the street.... The "Development Standards Matrix -Residential Zoning Districts" applies to this and to all residential properties that lie within the City. The Matrix states: "(This matrix is to be interpreted and applied pursuant to Section 4.3.4)". I culled the pertinent language of 4.3.4 above. The Owner's Parcel lies within single family residential zoning category R -1 -AA - It is an interior, and not a corner lot. That category requires the following criteria be met: Minimum Lot Size (sq. ft.): Lot width (I) (ht.) Lot Depth (ft.) Lot Frontage (1) (ft.) Minimum Floor Area (sq. ft.) Maximum Lot Coverage Minimum Open Space Front Setback (ft.) Side interior (ft.) Rear Height 9,500 75 100 75 1,500 NIA 25% non -vehicular open space, including interior and perimeter landscaping 30 12 12 35 The Parcel lies within the Lake Ida Neighborhood Overlay District. Section 4.3.4 of the LDRs states at (F)(2): 4 (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below [Amd. Ord. 68-04 114/051 (2) In addition to the provisions of Section 4.3.4(x), properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations. [New Section Amd. Ord. 24-08 6/17/08] a) xM im Coverage: um Lot ,. 2. Thirty percent (30%) for multi -story houses (b) The maximum Floor Area Ratio is .35 for a multi- story house. (c) The area of the upper floors shall not be greater than seventy-five percent (75%) of the area of the first floor .... (d) Minimum setback for multi -story homes in the R- 1 -AA zoning district shall be twenty-five feet (25') for the front yard and fifteen feet (15') for the rear yard. (f) Additional landscaping required for both new multi -story houses or additions to existing multi- story houses shall be as follows: 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods.2 2 The Beach Property Owners Design Manual contains "General Landscape Standards" at H-17. in addition to general City landscape regulations, it requires a "landscape plan[ j to be prepared by a Florida registered Landscape Architect for all new construction ...:' Both existing and proposed landscape material to be shown on the plans. "Landscape points for front, rear and side yards [shall] be prepared and certified for compliance by a registered Florida Landscape Architect." (See Section l for Landscape Point Calculations). 5 (g) First Floor Maximum Heisht: 1. Single story of first -floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). b. Any portion exceeding the dimensions described in Section 4.4.3(F)(2)(g)l.a. above shall be considered multi -story structures. (h) Upper Story Height: 1. Height from finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). 2. NONCONFORMITIES Article 1.3 of the City LDRs addresses "Nonconforming Uses, Lots, and Structures." Section 1.3.1 states in pertinent part: Section 1.3.1 PWose: The "preferred" landscaping includes natives and xeriscaping; "protection and enhancement of existing plant material"; "efficient irrigation'; "semi -pervious driveway material" All of these are consistent with Florida -Friendly" landscaping, or FFL. See, e.g., s. 373.185, Fla. Stat., and s. 720.3075(4)(b), Fla. stat. The "preferred landscaping standards also cite to "consistency of neighborhood plant material, scale, massing and selection" and to "consistency with neighborhood maintenance techniques." That creates potential conflict, where, as in this neighborhood, the pervasive plantings are more traditional and less FFL. Nonetheless, FFL cannot be prohibited. S. 373.185(3xc), Fla. Stat. Section 4.6.16 of the Delray Beach LDRs contains the City's Landscape Regulations. They set the minimum requirements. Id at (A). Section (D)(1) focuses on plantings to support water conservation, which features pervious parking and other non -landscaped areas, pre-peak/post-peak stormwater minimization, reduced turfgrass, maximized shade trees, and focusing on native plantings. (D)(2) emphasizes preservation and promotion of existing plant communities, requiring at (C), fifty (50) percent of the required trees and twenty-five (25) percent of all other required plant materials" to be native. Section (E) expands on specific FFL criteria. Section (11)(1) addresses minimum landscaping for new, single family, detached residences 6 (A) Within the zoning districts established by Chapter Four, there exist lots, structures, uses of land and structures, and characteristics of use, which were lawful before the passage of said Chapter Four but are now prohibited, regulated, or restricted. It is the intent to allow such nonconformities to continue until they are removed, but not to encourage their continuation. Nonconformities shall not be enlarged upon, expanded, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. (B) Nonconforming uses are declared to be incompatible with uses allowed in the zoning districts involved .... Section 1.3.2 provides: Section 1.3.2 Nonconfornaing_Lots of Record. Any lot or parcel which qualifies as a lot of record may be used only as allowed in Section 4.1.4. In turn, Section 2.4.7(B) states: (B) Waivers: A waiver involves the granting of partial or total relief from a specific development regulation. (1) Rule: (a) General: A waiver may be granted to the procedural and substantive provisions of these regulations. A waiver may be granted only for those substantive items within these regulations for which such provision is made. A waiver to substantive provisions may be granted only by the Board or body which has the authority to approve or deny the related development application. Section 4.1.4 in turn states: Section 4.1.4 Use of Lots of Record: Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: VA (B) A residential structure shall'not be constructed on any lot, within a residential zoning district, which has frontage of less than fifty feet (50'). Notwithstanding the above, a waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR 2.4.7(B). The "lot of record" as cited at Section 4.1.4 is defined in Exhibit "A". which contains the LDRs definitions: A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Pahn Beach, Florida. Whenever a portion of an existing lot of record is replatted and contained in a new plat, that portion of the lot on the original plat which has not been replatted and included in the new plat shall not be considered a lot of record and shall not be presumed to satisfy the definition of lot as contained in this section or in 172.03. But for the "lot of record" protection, Appendix "A" conditions a "lot" as "meet[ing] minimum zoning requirements for use, coverage, and area ...." I found no s. 172.03, Fla. Stat., other than an old statute from 1897 concerning Municipal Electric and Gas Plant, and I found no City code section by that number. Florida law is typical in allowing "nonconformities to continue lawfully, as long as the nonconformities are not expanded." S. Ansbacher, Nonconforming Uses and Structures, FL BAR ELULS Treatise at 25.6-1 (June 2014). A nonconforming use or structure does not lose its grandfathered rights by ceasing operations to perform necessary repairs. See, Sarasota County v Bow Point on the Gulf, 974 So.2d 431 (Fla. 2d DCA 2007). The intent of such protection is to prevent older structures from becoming eyesores. Section 1.3.1 of the LDRs is consistent with general law. Florida law generally provides that "nonconforming uses may be eliminated by attrition (amortization), abandonment, and acts of God, as speedily as is consistent with proper safeguards and the rights of the persons affected." Lewis v. City of Atlantic Beach, 467 So.2d 751, 755 (Fla. 1st DCA 1985). II. ESTOPPEL Owner asserts two significant acts of "equitable estoppel" by the City. This doctrine applies to governmental regulation of land use where a private party: 8 1. In good faith; 2. Relies on an act or omission of government; By either so (a) substantially changing the private party's position or (b) incurring extensive obligations or expenses; that 4. It would be inequitable and unjust to destroy the acquired right. Town of Largo v. Imperial Homes Corp., 309 So.2d 571, 573 (Fla. 2d DCA 1975); City of Hollywood v. Hollywood Beach Hotel Co., 283 So.2d 867 (Fla. 4;' DCA 1973), reversed in part, 329 So.2d 10 (Fla. 1976). Owner raised estoppel by name, and not vested rights. The two doctrines are often confused. In fact, some of the Owner's arguments seemed more in line with vested rights, Therefore, I distinguish and address the two here, to state what this matter is about: The practical effect of [the] difference is that zoning estoppel asks whether it would be inequitable or unfair to allow the government to revoke a permit it previously issued, despite the fact that the permit is illegal. In contrast, a vested rights defense argues that when a landowner substantially relies on a valid!y issued Rermit his right to build pursuant to the permit has vested, and cannot be taken away without due process of law, in violation of the fourteenth Amendment. S. Elkharrat, But It Wasn't My Fault! The Scope of the Zoning Estoppel Doctrine, 34 CARDOZA L. Rev. 1999, 2006 (2013). (e.a.) While estoppel and vested rights both ordinarily require a permit or other affirmative authorization, two major caveats apply. A permit does not often, by itself, vest rights or estop the issuing authority. Second, estoppel can apply where no permit is issued, even though the circumstances are exceedingly rare. Learned Florida land use counsel Ted Taub distinguished the two doctrines, as follows: 1. Vested rights are actual "property rights" that are based on due process and takings concepts. But see, McKinney v. Pate, 985 So.2d 1502 (CAI 1 1993), which held that federal constitutional substantive due process rights do not attach to property rights created by state law. Vested rights apply after an owner has expended so much or has gone so far in obtaining governmental approvals that the right to develop has vested. E 2. Estoppel is based on fundamental fairness. Would it be fair to retract approvals or indications that approval would follow? T. Taub, Vesting of Property Rights, SE18 AL1-A3A 131 (Sept. 30, 1999). Vested rights are likely inapplicable here. Nothing showed that the City actually approved any rights for the Owner that would have vested entitlements. Estoppel applied, if either prong does. CAVEAT: Vested rights might apply if the City makes an administrative interpretation that the Parcel constitutes a "Lot of Record." See 11I.B., infra. Equitable estoppel does not lie merely because government errs. Sutron v. Lake County Water Authority, 870 So.2d 930 (Fla. 5h DCA 2004), is instructive. The county water authority's executive director told Sutron that Sutron could bid on a project even though Sutron helped an engineer that prepared the bid package for the county. The executive director was wrong. The county disqualified Sutron, even though it was low bidder. Sutron's estoppel claim failed. The court held that a mere error did not create an estoppel. It stated the error must be "callous, negligent or intentional." The executive director merely made an honest error. The Sutron court also emphasized the limited damages, which consisted of the bid preparation costs. The mere acquisition of real property seldom gives rise to estoppel. For example: "The mere purchase of land does not give rise to rely on existing zoning." Town of Largo v Imperial Homes, 309 So.2d 571 (Fla. 2d DCA 1975). The Florida Supreme Court stated: All that one who pians to use his property in accordance with existing coning laws is entitled to assume is that such regulation will not be altered to his detriment, unless the change bears a substantial relation to the health, morals, welfare and safety of the public. City of Miami Beach v. 8701 Collins Ave., Inc., 77 So.2d 428 (Fla, 1955). Let us turn to the application of equitable estoppel to our facts. A. PRE-ACQUISITION Owner claims two principal acts of estoppel. first, when Owner decided to acquire the Parcel. Second, after acquisition, when he asked Jasmine Allen of the City Planning Staff what he could do with the Parcel. I will first address the pre-acquisition conduct. As stated above, the Parcel has a lot frontage of 50 feet, lot width of 50 feet, lot depth of 182.30 feet, and lot area of 9,115 square feet. A single family home had existed 10 on the Parcel since 1925 (the Old Home). The Old Home was around 828 square feet, and by all accounts was a "tear down" that could not be reasonably rehabilitated. Owner states he called "someone" at the City prior to buying the Parcel. He cannot identify the person, but it was not the director of the City's planning department. It was allegedly someone on staff. This unknown staff person supposedly told Owner that the Parcel met the City's Parcel of Record requirement. This was not based on the City Code. In fact, it was directly counter to the matrix to Section 4.3.4 of the City Code, as follows: Lot Area (sf) Interior Lot Width Interior Lot Frontage Minimum Required 9,500 75 feet 75 feet Parcel 9,115 50 feet 50 feet Even though the Parcel failed three facets of the minimum lot size criteria, the City had a long established, unwritten policy of "giving a pass" to substandard sized lots that existed of record prior to the 1977 effective date of the City's subdivision code. Now, I turn to the specific requirements for the Good Faith Reliance prong of equitable estoppel. The applicant must show that it: (a) did not know or should not have known, that its reliance was premature; (b) did not engage in inappropriate action of inaction that caused a self- created hardship; or (c) supplied the government with all necessary information. C. Jaslow, Understanding the Doctrine of Equitable Estoppel in Florida, 38 U. MIAMI L. REV. 187, 189 (1984), and decisions cited therein. In doing so, I am required to address the subject governmental conduct. As I state above, property acquisition almost never created a valid estoppel claim. One has no reasonable expectation that the local government's zoning and other entitlements standards for its property will remain the same. Here, no code provision changed after the Owner bought the Parcel. Rather, the City decided to stop giving a "free pass" to substandard sized lots that preceded the 1990 code. Florida law is consistent on two points, of note here: (i) Courts defer to local agencies interpreting their own planning and zoning codes where any discretion exists (see, e.g., Atlantic Shores Resort, LLC v. 507 South Street Corp., 937 So.2d 1239 (Fla. 3d DCA 2006); BB McCormick & Sons v. City of Jacksonville, 559 So.2d 252 (Fla. I` DCA 1990)); but (ii) Courts do not defer to local agencies whose interpretations of their code violate the "plain meaning" of the code (see, e.g., City of Tampa v. City 11 National Bank of Florida, 974 So.2d 408 (Fla. 2d DCA 2007); Dixon v. City of Jacksonville, 774 So.2d 763 (Fla. 1St DCA 2000)). The limited evidence presented to me seems uncontradicted. The City staff members, Ms. Allen and Mr. McDonald, had been with the City for 30 and 10 years, respectively. The unwritten policy, as gracious as it was, was inconsistent with the plain language of the. City Code at all times they worked for the City. Dixon, et al, show that policy could not have been the basis of an estoppel claim. Ironically, City National, a decision that favored the property owner there, shows why this is so. City National held that specific, generally applicable dimensional criteria (height limits there) control over generalized compatibility terminology. Other decisions follow suit. Multiple Fourth District opinions do so. That district controls in Palm Beach County. The Fourth District Court of Appeal issued an opinion that appears controlling. Ocean's Edge Dev. Corp. v. Town of Juno Beach, 430 So.2d 472, 47475 (Fla. 40, DCA 1983), held that a court could not "interpret" the code "as the town would have liked it to read." The plain language of the code controlled over contrary "after -the -fact expert testimony as to legislative intent to fill in the cracks." All residents had the right to rely on the plain meaning of the code. Id. See also, Carroll v. City of Miami Beach, 198 So.2d 634, 645 (Fla. 3d DCA 1967) ("City is bound by the express terms of its own ordinance. If the City desires a different meaning for its ordinance in the future, it may amend, modify or change the same by legislative process.") Other courts disregarded even Ion sg tandinn.g staff interpretations that run counter to the plain language of the code. See, e,g., Town of Longboat Key v. Key Club Associates, 95 So.3d 1037 (Fla. 2d DCA 2012): The Town's longstanding interpretation of its Code cannot tie the circuit court's hands. To allow such a result would countenance a shifting -sands approach to Code construction that would deny meaningful judicial review of local quasi-judicial decisions. The meaning of a code would remain in flux. Such an approach does not promote consistency in the application of the law. As the wording of its laws binds a legislature, the Town is bound by the wording of its code. 955 So.3d at 1042. The Court cited an earlier opinion in emphasizing: "Tradition cannot displace the plain meaning of a local code." The town's "longstanding tradition" of allowing similar developments was of no avail against the plain language of its own code. Id., citing Yanderbilt Shores Cando Assn. Y. Collier County, 891 So.2d 583, 584 (Fla. 2d DCA 2044). I must emphasize my overarching concern. All of the decisions I cite above address a local government's clearly erroneous interpretation of its own code. Here, the City has graciously, and intentionally, ignored the plain language of its Lot of Record 12 code, apparently since time immemorial. There is no reasonable argument that the City was "interpreting" its code. If clearly erroneous code misinterpretations do not bind a local government, neither should a lengthy series of favors that intentionally ignore that plain language out of good intent. Granted, Owner relied on this longstanding, generalized policy, or favor by staff as applied to older lots. He was not as bereft of a claim, as, say, the plaintiff in Namon v. DER, 558 So.2d 504, 505 (Fla. 3d DCA 1990) (the "subjective expectation that the land could be developed is no more than an expectancy and does not translate into a vested right to develop" one's property). Nonetheless, Owner is deemed to have constructive knowledge of the local code and its limitations when he acquired the Parcel. See, e.g., Florida Land Co. v. City of Winter Springs, 427 So.2d 170 (Fla. 1983). In fact, Godson v. Town of Surfside, 150 Fla. 614, 8 So.2d 497, 498-99 (1942), held that residents have constructive knowledge of the nature and extent of the authority of the governmental officials who issue permits. There is no reasonable argument that a possible, entirely oral discussion with a subordinate staff member prior to acquisition gave rise to good faith reliance on anything other than a "checklist item." This is particularly so here, where no staff member recalls the conversation (although they say one possible person no longer works there). Moreover, Ms. Allen said staff typically enters the person and property in a centralized department record after such conversations. No such entry exists. Likewise, Owner's stated assumption that "everybody knows" what the City has long done to protect older properties from the strict language of the code is not reliance on anything except the sort of "tradition" multiple courts have found legally inadequate. Perhaps this would have been obviated had Owner requested a zoning confirmation or estoppel letter that W. McDonald stated was available for $140.00. It is unnecessary to consider the remaining prongs, having established that Owner could not have reasonably relied on either (a) the fact that "everybody knows" the City's prior position or (b) the purported discussion with a subordinate employee of the City before acquiring title. This is not estoppel. B. _POST -ACQUISITION It is easier to dispose of the second alleged estoppel. It does not appear to meet any element of estoppel. As I understand the allegations, the chronology was: A. The Owner acquired the Parcel on April 29, 2014. B. The Owner tore down the then -existing, 1925 roughly 828 s.f. house. While the Owner says this happened with "the City's blessing," no one disputes this structure was a "tear down." C. The Owner's agent prepared plans and submitted an application for a building permit to the City. The facts are murky, but someone at the City determined at this time that the Parcel was a substandard sized lot. 13 Perhaps someone told Owner to ask City staff to determine if the Parcel was buildable. D. The Owner separately sought a variance to allow reconfiguration of the driveway to grant relief from the sidelot setbacks caused by a combination of the narrow Parcel width and the width and configuration of the proposed garage and upstairs space that the Owner desired. E. The City denied the variance. F. The Owner asked City Planner Jasmine Alien whether the Parcel constituted a Parcel of Record. G. Ms. Allen relied on the City's longstanding uncodified policy to respond on November 12, 2014 that the Parcel constituted a Lot of Record. H. Assistant City Attorney Michael Dutko took a position contrary to Ms. Allen's in an email dated December 10, 2014. Mr. Dutko stated the Parcel was not a Lot of Record. His email quoted City LDR Section 4.1.4. He did not actually explicate his analysis. He simply concluded that the Parcel did not meet 4.1.4., followed by the statement that "[i]n reaching this determination, I have reviewed the City's LDRs, the legal description of the above-described property, the 1910 reference to that legal description, and the platting history of the surrounding properties:." The above -stated facts meet none of the elements of estoppel. A. Owner has not overtly said Owner relied on any act or omission of the City in deciding to tear down the house. Nonetheless, the Owner's prehearing stipulation statement that Owner tore down the structure "with the blessing of the City" requires a response. Any implication that the teardown of an undersized, uniformly acknowledged ramshackle heap that had long stood in desuetude is meritless. While it is a Virginia Supreme Court decision, Goyonaga v. Board of Zoning Appeals, 275 Va. 232, 657 S.E.2d 153 (2008) is instructive. That court held that demolition of a nonconforming structure terminated the nonconforming use of the property. Further, the City's issuance of building plans for a new structure did not alter that fact. B. That said, the post -acquisition facts show that Owner sought to construct a modern 2,716 square foot, two-story residence and companion two story, two car garage structure with potential garage apartment on an exceedingly narrow lot. The dimensional limitations make the Owner's desired structure fit the description the Third District Court of Appeal quoted supporting the county commission denial in Metropolitan Dade County v. Section 11 Property Corporation, 719 So.2d 1204, 1205 (Fla. 3d DCA 1998) ("`[I]t's almost like trying to put an elephant in a Volkswagen, you still know the elephant is there."'). The variance application here showed the Owner was trying to fit the larger structure, and driveway on 14 the side of the garage in front, on an exceedingly narrow Parcel, virtually acknowledging the effort to %t the desired maximum on the substandard sized Parcel. The Parcel width was two-thirds of the minimum lot width and frontage. C. I recognize that Ms. Allen initially stated the Parcel was old enough that the City staffs policy would save the Parcel from the plain language of the City Code. Nonetheless, no one demonstrated reliance on Ms. Allen's November opinion prior to Mr. Dutko's strict reading of the Code almost immediately thereafter. All the limited record reflects is the Owner continued forward, Further, the same reasons I state above that undermine any pre-acquisition estoppel based on the oral staff policy contrary to the plain code language likewise undermine estoppel at this point, The position is not credible. The City LDCs are unambiguous. The staff policy was based on courtesy alone, not any effort to interpret the controlling legislative criteria governing lot dimensions. It fails. III. MISC. ESTOPPEL CLAIM ISSUES A. "ENTICEMENT" TO APPLY FOR WAIVER I turn now to one other alleged estoppel that the Owner alludes to: His allegedly detrimental reliance on the staff's recommendation that the Owner apply for a waiver from the Lot of Record criteria. This position fails for multiple reasons. A. "[T]he availability of this remedy, encouraged by the City, proved an enticement to the Petitioner not to immediately challenge the reversal of the [City Attorney's Office] statement on the issue of Lot of Record, but, instead, to pursue the administrative remedy offered by the City." This position fails. Owner is a sophisticated landowner and developer, who states he has developed 20 similar projects in the City. He hired sophisticated development consultants throughout this process. The Third District Court of Appeal reminded us that everyone is "deemed" to be on "constructive notice," or to know what exists on the public record: Owners are deemed to purchase property with constructive knowledge of applicable land use regulations. Namon v. Dept. of Environmental Regulation, 558 So.2 d 504, 505 (Fla. 3d DCA 1990), review denied, 564 So.2d 1086 (Fla. 1990). See, Allstate Mortgage Corp. of Florida v City of Miami Beach, 308 So.2d 629 (Fla. 3d DCA), cert. denied, 217 So.2d 763 (Fla. 1975), citing McDaniel v. McElvy, 91 Fla. 770, 108 So, 820, 831 (1926). Metropolitan Dade County v. Fountainebleau Gas & Wash, Inc., 570 So.2d 1006, 1007 (Fla. 1991). The Fourth District Court of Appeal cited Fountainebleau in similarly invoking constructive notice in Palm Beach Polo, Inc. v. The Village of Wellington, 918 So.2d 988, 992-93 (Fla. 4" DCA 2006) C"Florida law has no requirement that zoning 15 regulations be recorded in the chain of title to be enforceable against the property owner. An owner is leggay obligated to examine the public records of the zoning guthoritz and is on constructive notice of the ordinances resolutions and filed plans and restrictions governing a parcel of property. "' Id., quoting trial court with approval.) (e. a.) The Fourth District in Palm Beach Polo cited with approval another salient point of the trial court's opinion in that case: "13. Polo further asserted as a defense that the PUD zoning requirements were not properly implemented or enforced prior to Polo's acquisition in 1993. Florida law provides that a local government is authorized to enforce its regulations even if it has not previously dome so by either mistake or _delay. Metropolitan Dade County v. Fountainebleau Gas & Wash, supra; Town of Lauderdale - by -the -Sea v. Meretsky, 773 So.2d 1245, (Fla. 4a' DCA 2000)], supra. Local governments have the right to enforce duly adopted regulations .... - 918 So.2d at 994. (e.a.) The Polo Club court emphasized another point that undermines most, if not all of Owner's substantive and estoppel claims. That court upheld the lower court's deference to the local government's reasonable interpretation of its own code. Id at 995-96, citing Las Olas Tower Co. v. City of Ft, Lauderdale, 742 So.2d 308, 312 (Fla. 41h DCA 1999). Moreover, as here, the property owner "offered no alternative interpretation for the terms." Id. at 996. B. "LOT OF RECORD" f°ADMINISTRATIVE INTERPRETATION" Applied here, one cannot reasonably argue that City staff s telling Owner and his development team that they could apply for a waiver from Lot of Record "enticed" them not to exercise the available appellate remedy. That position is legally indefensible. See, Polo Club, supra. 1 do, however, hesitate to state this bars the Owner's arguments over what constitutes a Lot of Record. The City states the Owner should have appealed Mr. Dutko's email pursuant to subsection 2.4.7.(E)(3)(a) of the LDRs. The entire subsection reads as follows in pertinent part: (E) Appeals. An appeal is a request for a review and reversal of any action which if not appealed would be final. An appeal shall be conducted as a new evidentiary hearing via de novo review in accordance with the City's quasi- judicial procedures and shall not be limited to the record below. (1) Rule: An appeal may be made of an administrative interpretation .... The appeal of an administrator shall be 16 appealed to the Board for .... All such actions are expressly prohibited. Ai aggrieved body. (internal citations omitted). which power has been granted appealable unless an appeal is appeal may be made by an I examined Appendix A, which contains the Definitions section to the LDRs. Nowhere does Appendix "A" define "administrator" or "administrative interpretation." See also, s. 1.4.5, entitled "Definitions," which defers to Appendix "A" "unless the context clearly indicates or requires a different meaning." Id, Here is where I have the problem with the City's argument. I cannot reject Owner's efforts to rely on avoidance of the code by subordinate staff and not hold the City to the same standard. In the absence of a definition of "administrator" or "administrative interpretation" in Appendix "A," both subsection 1.4.5 of the LDRs and the doctrine of statutory construction require me to examine the code itself to determine who best constitutes an "administrator" and what constitutes an "administrative interpretation." See, generally, Peter D. Webster, et al, Statutory Construction in Florida: In Search of a Principled Approach, 9 FCLR 437 (2008); Jacob Scott, Codified Canons and the Common Law of Interpretation, 98 GEORGETOWN L.J. 341 (2010). So, let us turn to the seminal question. Whom do the LDRs designate to opine on the lot of record issue? Section 1.4.1 lists two potential "administrators" to issue the "administrative interpretation" of whether the Parcel constitutes a "lot of record": Section 1.4.1 Iraterpretation of Land DeveIo ment ReSulations (B) Development Standards Private Proper All questions of interpretation of ... the application of development standards within individual zoning districts; ... and Article 1.3, Nonconforming Uses, Lots, and Structures, shall first be presented to the Chief Building Official unless there is a specific delegation for the interpretation of application of the requirements elsewhere. Such questions shall be presented to the Board of Adjustment only upon an appeal from the decision of the Chief Building Official. (C) Uses: All questions of interpretation of the allowable or categorization of definition of uses shall first be presented to the Director. If the Director determines that a requested use is not allowed within a specific zoning district, a letter requesting a "determination of similarity of use" of a proposed used with permitted and conditional uses listed within a specific zoning district may be brought 17 to the Planning and Zoning Board for said determination. [See 4.3.2(C)) And, again, s. 1.4.5 states: "Matters of interpretation of meaning fail within the purview of the Chief Building Official" The issue Owner raised was whether the Parcel constituted a "lot of record" under the Code. Otherwise, the Parcel was undevelopable absent a waiver under s. 1.4.1(A), This is a question about whether a use is allowed, but it turned on whether relief was available from dimensional criteria in Appendix "A" as applied to s. 1.3.2 as to nonconforming lots of record. S. 1.4.1(B) delegates to the City's Chief Building Official the interpretation of "Article 1.3, Nonconforming Uses, Lots, and Structures." S. 1.4.a., entitled, "Interpretation of Land Development Regulations," confirms that individual is the "administrator" who is authorized to issue an "administrative interpretation." The Owner went instead to a staff planner, Ms. Allen. She, in turn, went to Mr. Dutko, an Assistant City Attorney. Neither of these persons is the person, or even a person, the LDRs designate to interpret the article at issue. Just as the Owner could not rely on someone other than the Chief Building Official to issue a binding administrative interpretation concerning article 1.3, the City cannot assert that the Assistant City Attorney's interpretation bound the City. Therefore, the City's contention that the Owner failed to timely appeal the Assistant City Attorney's email fails. Neither Ms. Allen's nor Mr. Dutko's interpretation of the "lot of record" issue bound the City as an "administrative interpretation," because neither had authority to do so. The Owner may seek an interpretation from the Chief Building Official. I- do not want to prejudice that right by attempting to prejudge the merits of the "Lot of Record" decision if the Owner chooses to seek that interpretation from the properly delegated person, KEY: I must distinguish the City staff" general relief for older lots from the technical definition of "Lot of Record." The City must understand that zoning is in derogation of private property rights. Therefore, the absence of estoppel is not equal to, nor does it presuppose, a determination that the Parcel does not meet Lot of Record requirements. M. HARRIS ACT AND TAKINGS CLAIM Owner asserts that the denial of the waiver renders the Parcel useless, thus giving rise to a takings claim under the XIVth Amendment of the United States Constitution, or Art. , s. 6, of the Florida Constitution, or Harris Act claim under s. 70.001, Fla. Stat. I will address each of these in turn. Initially, I do not expect a Court would find a takings claim to be ripe. City of Jacksonville v. Wynn, 650 So.2d 182 (Fla. 1st DCA 1995), and Glisson v. Alachua County, 558 So.2d 1430, 1035-36 (Fla. I" DCA); rev. den, 570 So.2d 1304 (Fla. 1990) 18 are among many decisions holding that "a taking is not ripe for determination until such time as the property owner has received a final determination from the government as to the permissible uses of the property." Glisson, 58 So.2d at 1035-36. The key is the Owner must receive a final determination from the government as to the permissible uses of the Parcel before a takings claim is ripe. Id.; Moviematic v. County Commissioners, 349 So.2d 667 (Fla. 3d DCA 1977). My finding that the City has not issued a binding Administrative Determination concerning whether the Parcel constitutes a "Lot of Record" likely precludes a takings claim of any stripe, whether inverse condemnation or otherwise. At least at this time, Takings law is famously vague, but Suitum v, Tahoe Regional Planning Agency, 520 U.S. 725 (1997), indicated that the Owner must submit "one meaningful application" and a variance request. The peculiar, procedural steps taken here seem to have reversed the order. The waiver and variance both sought relief from substantive "Lot of Record" requirements. Nonetheless, we await a binding interpretation of the "Lot of Record" standard as applied to see if the Parcel is developable under the core definition. Once and if it becomes obvious that the Parcel is not developable, then a takings claim would be ripe. Palazzolo v. Rhode Island, 553 U.S. 606 (2001). I must note, however, that caselaw exists in various jurisdictions that limits the blanket application of dimensional minimum lot sizes. See, e.g., Town of Surfside v. Andrews, 193 So.2d 207.(Fla. 3d DCA 1967), where the Florida appellate court held that strict compliance with 50 foot minimum lot widths as applied did not bear substantially on public health, morals, safety, or welfare. 5C Ordinance Law Annotations Zoning § 82 contains other decisions that raise concerns about unconditional development bars. See, e.g., Reynolds v. Town of Manalapan, 167 So.2d 607 (Fla. 2d 'DCA 1964) Likewise, many apply to bar such uses. Ordinance Law and decisions cited therein. I cannot prejudge a takings claim, but I can make several observations. While the City's waiver criteria include compatibility consistent with Harden and Cap's, the compatibility could be achieved by site-specific limitations, such as buffering and other restrictions. One cannot reasonably expect the Owner to rebuild an 828 s.f. house where 1,500 st. is the minimum, and the average sized house in the neighborhood is between 2,000-2,500 s.£ I note that numerous houses in the vicinity are of similar size, and an oddly configured, substantard sized lots. Granted, not on such a narrow lot, but some of the impact is limited by the depth of this Parcel. Finally, I note that the Harris Act ripens a claim as soon as an ordinance is "first applied" to the property. See, Wendler v. City of St. Augustine, 108 So.3d 1141 (Fla. 51' DCA 2013). The Act does not create any cause of action for application of a law or ordinance enacted before May 11, 1995. See s. 70.001(12). While the waiver ordinance has been applied, part of it was amended in 1997. Therefore, it Might fall under Harris. It might not. It appears the Lot of Record ordinance dates from 1994, so it might not give rise to a Harris Act claim. See s. 4.1.4. This needs to be clarified. Additionally, the Harris Act applies to undue burdens on "existing; uses" or "vested uses." If this is not a Lot of Record, then it is hard to establish a vested use. There is clearly no more protectable existing use after the teardown. KEY: I reiterate that s. 70.51(22), Fla. Stat., requires the City to state all allowable uses of the Parcel within thirty (30) days of a rejection of my recommendations. The code seems to allow no use absent relief. In that event, the only likely purchasers are lot owners on either side. Absolute rejection thus creates a stark record for a reviewing court. CONCLUSION I find: 1. No estoppel occurred. 2. No vested rights exist on the current record, but might if the Parcel is found to be a Lot of Record under s. 4.1.4. 3. The City acted unreasonably by not following its own Administrative Interpretation Ordinance at s. 1.4.1. 4. I advised the Parties in my preliminary report that I stood ready to apply s. 70.51(19) to make recommendations if the Owner authorized me within five (5) business days, pursuant to s. 70.51(19)(b). 5. I gave the Parties until October 2, 2015, to file exceptions to my preliminary report. 6. Each Party did so. 7. The Owner authorized me to recommend steps under s. 70.51(19), Fla. Stat., to address my underlying findings. 8. I serve a copy of my final report on the Department of Legal Affairs as mandated by s. 70.51. RECOMMENDATIONS I now address my recommendations: 1. Numerous lots in the area are substandard size. Nonetheless, they tend to be shaped in a more squarish manner, while this Parcel is long and narrow. They are of some, but not overwhelming benefit to this analysis. Regardless, the average house size in the general neighborhood seems to be between 2,000-2,500 sf, regardless of lot size. 2. The absolute minimum house size is 1,500 sf in this zoning category. That size is so much smaller than the neighborhood norm that it seems perhaps too small to be compatible with surrounding residences. 20 3. The garage in front creates is harsher front to the neighborhood. I understand why the Owner proposes to put it in front. Putting it in back of the house would extend a narrow driveway alongside the house. The current structure has ten (10) feet side lot setback, thus making a garage in back extremely logistically difficult without narrowing the house to a Charleston style narrow lot, "single" house. The City's minimum driveway is twelve (12) -feet -wide, plus plantings would be required along the boundary. So, while not ideal, the garage in front is the lesser of two inconveniences. 4. I suggest four alternative house sizes: a. 1,800 sf, if the detached garage is used, because the garage creates an impact to the streetscape as well as the neighboring property to the south. I do not know a meaningful way to soften the impact of a front garage. The current configuration has a rear entry garage, which puts the rear of the garage facing the street. I am willing to let the Owner choose the direction, but the choices between doors to the front of a structure that stands well in front of the house, and a wall facing the street, combined with a side driveway, makes the front facing doors marginally the better choice. I would recommend adding 100 square feet if the garage faces front, giving the house 1,900 sf, except that I cannot figure out a meaningful way to soften the front -facing garage's appearance for a two -car garage on a 50 -foot -wide lot. b. 2,000 sf, in the living space if the garage structure is attached to the main house, and faces the street. This eliminates much of the starkness of the separate garage, due to the ability to see the upper story of the house from the street (see paragraph 5, below). C. 2,200 sf, if the garage is attached to the house, but faces the side. That might be difficult to configure, but it somewhat softens the appearance, and is fairly typical of a detached, single family house neighborhood. d. 2,400 sf, if the garage is eliminated. This substantially reduces the bulk, as well as the impact on the street frontage. 5. Regardless of the alternative chosen, the residence must: (a) be limited to a second story that totals 25% fewer sf than the first story; (b) eliminate that 25% on the front side of the house; (c) prohibit any deck, patio, or any use of that freed -up 25% upstairs. To that end, the City should prohibit load bearing roofing on the first floor where the 25% is removed from the second floor. 6. If the structure includes a driveway along the side of a rear --facing garage, the driveway along the side need be no wider than twelve feet (12'). 7. The Owner proposed no windows along the side of the house. That is unnecessary. It also accentuates the feeling of mass of the structure, which should be ameliorated by windows. It might well violate life -safety code by minimizing means of escape in case of emergency. 8. On the contrary, plantings are appropriate to soften the impact. I recommend FFL to the greatest extent possible, due to the limited Parcel size and 21 minimal permeable surffaces to water, combined with need to buffer the impacts. The Owner should plant the Parcel pursuant to FFL in a manner that obtains "Gold" approval from the Agricultural Extension Service. Without limiting the foregoing, or the City's various landscaping requirements, special attention must be made to buffer (1) the southern neighboring parcel, and (2) the street scape, with a goal of maximum opacity, particularly on the southern boundary from the right -of --way to a line parallel to the back of the proposed house. I recommend plantings with understory, midstory, and upper story to buffer along the southern boundary. The northern neighboring lot seems to have substantial depth of opacity of plantings along the common boundary. 9. In any event, the second story of the garage should be removed. It creates a scale and presence that overwhelm the streetscape, with limited space to soften with plantings, or the view from the house to the south of the Parcel. DONE this 1 I— day of 0 L U 2015. !MAGISTRATE F. ANSBACHER cc: Counsel of Record Florida Department of Legal Affairs 22 Inglese, Cath From. Sent: To: Subject: Dutko, Michael Friday, August 21, 2015 1:19 PM ingiese, Cathy FW: Property at 5228 NW 1st Avenue, Delray Beach - Marc Julien Homes From: Josh Ettwein [mailto:'ettwein bi rticies.com Sent: Friday, August 21, 2015 12:34 PM To: Dutko, Michael Subject: Property at 528 NW 1st Avenue, Delray Beach Marc Julien Homes Dear Mr. Dutko, I am writing today to express my concern at the Request for Relief hearing requested by Marc Julien Homes regarding the use of the property that MJH purchased at 528 NW 1st Avenue. I implore you to present to the Special Magistrate the concerns of myself, the residents of Delray Beach, and specifically Lake Ida residents about approving waivers or relief of any kind to Marc Julien Homes with regard to building code, zoning, setbacks, easements, and the like. You will have to forgive me for sounding snide, but Mr. Julien, his attorneys and support staff are savvy business people, and are in one business and one business alone: buying properties, clearing/improving those properties and building custom homes on the property. Mr. Julien will convince no one that he does not make a practice of performing due diligence on this and all properties that he pursues for purchase and development. It is a patently ridiculous claim to assert that he was not aware that the lot was unbuildable before he purchased it, and if he was not aware of this, then Caveat Emptor - it is he and he alone who is responsible for purchasing a piece of property that did not meet his intended purpose of use. It is not up to the residents or the city of Delray Beach to remedy his poor business decisions for him. There is a reason these are called "speculation homes"; sometimes the speculation pays off, and sometimes, like in this case, it does not. Mr. Julien is attempting to make the argument that because he spent money on this property, that he should be permitted to build on it, regardless of the rules set forth by the city. That is really the issue here. It is not that the residents of Lake Ida, and of Delray Beach in general are opposed to progress, but we are a city of laws and rules, and if we allow certain individuals and businesses to skirt/avoid those rules, then we may as well not have any at all. I understand that Mr. Julien and his ilk have enjoyed a good run of "rubber-stamp" approvals of these type of waivers and relief, but the people of Delray have had enough of this, and are beginning to voice their concerns, as I'm sure you are aware, given recent activity and attendance at meetings and hearings regarding other development projects in Delray Beach. I count myself among those concerned, and I beg you to help do what is right for the residents of Delray Beach and send a message that these sort of waivers had their day in the sun and are no longer the norm. I thank you for your time and consideration. With kind regards, Josh Ettwein Citizen of Delray Beach Inglese, Cathy From: Anna Hennessy <anna.e.hennessyQgmail.00m> Sent: Monday, August 24, 2015 12:24 PM To: CityAttorney@MyDeirayBeach.com Subject: Attn: Michael Dutko- Re: Property 528 NW 1st Ave Mr. Dutko, We area direct neighbor of 528 NW 1St Avenue, Delray Beach and wanted to write this letter as a follow up to the notice we recently received in the mail. Marc Julien tried to purchase our property (532 NW 1St Avenue) from the prior owner in December of 2013. The previous owner declined his bid, despite it being higher thanours, because of his intent to tear down the structure and build multiple homes on this lot. The Lake Ida neighborhood is special because of the community -feel, the good-sized lots and diverse architecture. Putting up oversized, max out the square footage houses right next to each other will in time ruin the area and one of the things people love about our "Village by the Sea" and our reputation of caring for the town. After we purchased the house, we offered Marc Julien approximately 10 feet of our lot on the south property line. We realized when he bought the lot he owns it was incredibly narrow. In fact, it's only —67% of the minimum lot requirements and was probably aware of that at the time he purchased it. He would not entertain our offer at the time. Marc Julien did not want to spend the money to purchase some of our land to make his property closer to the town directed conforming size. Even if he did purchase the incremental 10 feet, the property would still only be at 80% of the town requirements. No "buildable" lot in the Lake Ida area is selling for $208,500, which is what he bought it for last year. Marc Julien got it at this heavy discount because it is not a usable lot according to town guidelines. Since then, he has tried to skirt around the town codes. First requesting a variance, which was denied. Then he asked the town to waive the minimum lot dimensions, which was also denied. Currently Marc Julien is a Request for Relief. Marc Julien indicated on his website that he will complete 27 projects in 2014/2015 in Palm Beach County (httna/marcjulienhomes.com/company); so he must be aware of the town codes, yet he chose not to abide by them because he thinks can get away with it. Why should Marc Julien be excused from the town code and granted any exceptions? They are in place for a reason. If he is allowed to build on this lot, then other contractors will request the same waiver/ relief and the feeling of our neighborhood will change. Secondly, as he is the current owner of for over a year, the property just south of ours, he has damaged our property (and the neighbors on the south side) and also not kept the land in any reasonably acceptable condition. He tore down much of our south property line shrubbery when he bulldozed his lot. We called many times, but he never accepted our call. We eventually got through to his assistant and met her at the house. We have before and after pictures to demonstrate the damage he did. We offered that he could replace or he could clean out the property line completely; but he couldn't leave it as is. However, again Marc Julien thought he was above the law of this town and it was ok to damage someone's property. Marc Julien told us through one of his employees that he won't be repairing his damages and we can take him to court if we want. I called the town to ask how to handle this situation and they suggested calling the police; so we did in fact speak with an officer at our house. He was very sympathetic but he said the next step is court, which we have yet to do. In addition, the land is not being kept well, which the town requires contractors to do. Yet, Marc Julien once again is above the rules. There has been a formal town document on his sign saying he must start to upkeep the yard for quite some time, but I guess similar to us, he's telling the town that you will have to take action on him if you want a change. It's crucial to our community that we don't accept Marc Julien`s Request for Relief and change town rules, as it will only open a flood gate to all contractors and individuals in Delray. This is an example that needs to be set. We also spent a lot of time and money renovating our older home over the past year to keep this charm. I grew up in Delray Beach, only a mile from where I currently live with my family, and I beg the town to remember why Delray is so beautiful and prospering. Please confirm your receipt of this email and if we can be of any assistance. Thank you. Sincerely, Michael and Anna Hennessy 532 NW 1st Ave, Delray Beach, FL 33444 561-376-4614 Ingless, Cathy Subject: FW: against waivers From: Tom Honker[mailto:honkerspgcimen@bellsouth.nel] Sent: Tuesday, August 25, 2015 2:35 PM To: JoAnn Peart Subject: Fwd: against waivers Dear JoAnn, Please forward this message if you like to the appropriate parry. My email failed deliver. Kind regards, Tom -------- Forwarded Message ------- Subject: against waivers Date:Tue, 25 Aug 2015 14:28:32 -0400 From:Tom Honker <honkers ecimen bellsouth.net> To: _-)utkoO,mydelraybeach. com Dear Mr. Dutko, My wife and I have been Delray Beach residents for 50 years. 28 of these years were spent in our house in Lake Ida. We continually fight against developers in their continual efforts to degrade quality of life in our neighborhood, which by the way is not 1/50th of what is was in Delray Beach 50 years ago!'! We decidedly are opposed to ANY and ALL waivers to our residential zoning laws. Sincerely yours, Tom and Paula Honker Thomas Honker 615 Wiggin Road Delray Beach, Florida 33444 1 Inglese, Cathf Subject: FW: 528 NW 1st Ave. Property From: Outlook Customer Care <kathrynbarr (a)mac.com> Subject: 528 NW 1st Ave. Property Date: August 25, 2015 at 1:10:15 PM MDT To: dutko m delra beace.com Cc: JoAnn Peart <lakeidacrimewatch@comcast.net>, Kathryn Barry <kathrynbarry@mac.com>, Gary Brennan <aarybrennan@hotmail.com> Dear Mr. Dutko, I am writing to you out of concern for the "Request for Relief pursuant to the alternative dispute resolution provisions of Section 70.5 1, FL Statutes" in relation to the 528 NW 1 st Ave. property. It is of great concern that Delray Beach citizens can have our elected officials recent June vote overturned by powerful developers' influence. My husband, Gary Brennan, and I live in the Lake Ida community. We are very much concerned that our elected Commission's June 2nd, 2015 decision could be changed. We hope that our Delray Beach Commission's vote is given the weight that a democratic society deserves and is not swayed by monied interests. Sincerely, Kathryn Barry 508 NW 8th Ave. kathryn barry 914-523-1216 www.kathrynbarrvart.com www.fineartamerica.com delrayardeague. com kathryn barry 914-523-1216 www.kadn-ynbarrvart.com www.fineartamerica.com delrayartleague. com Inglese, Cathy Subject: FW: Special Magistrate Proceeding for MJH BC, LLC From: Daniel Valdez [ j Sent: Tuesday, August 25, 2015 6:05 PM To: Dutko, Michael Cc: Glickstein, Cary; Jadura, Jordana; Katz, Mitchell; Jacquet, Al; Petrolia, Shelly Subject: Special Magistrate Proceeding for MIH BC, LLC Dear Mr. Dutko, I am writing to you as a homeowner, of 23 years, at 520 NW 1 st Ave in Delray Beach, I have a serious concern that this Special Magistrate Proceeding is a maneuver by MJH BC, LLC to bypass the unanimous City Commission decision of June 2 denying him a waiver from the residential zoning laws of our neighborhood. The "Property" is a mere 50 feet from my home. The petitioner has submitted building plans for this property that evidence his complete disregard for the neighboring homes. Where a 828 sq ft house once stood, which was in scale with the size of the property, the petitioner seeks to shoehorn two 2 story buildings for a total of 3,610 square feet. Since the time the petitioner bought the property in April of 2014 he has shown disregard and disrespect to the neighbors by not maintaining the land, and consequently being in constant violation of the Delray Beach Codes. Weeds as high as 4 feet high were a constant sight. Each time I called Code Enforcement to complain, I was told that the petitioner had been cited and yet the violations continued to be posted on the big sign he had on the property proclaiming his "commitment to perfection". I feel that this contempt for the Delray Beach codes is indicative of how he views the zoning regulations. I am left to think that the petitioner does not believe the rules apply to him. During the June 2 City Commission hearing, Commissioner Jarjura stated that Mr. Julien is "not an unsophisticated property owner, understood what the zoning is ... you knew that you had a non -conforming lot that was not buildable and you're ...going to have an adverse impact on the neighborhood." Vice Mayor Petrolia stated that in a previous conversation with Mr. Julien she had told him that "when you're purchasing things you have to take what you get ... you don't get to automatically change the rules to meet your future bill." Mayor Glickstein rightfully stated that "the waiver issue has been abused in this city, and in particular in neighborhoods". Commissioner Jacquet said "...developer has done work before in this town and know what they're doing." I urge you to deny the petitioner what he wants : the waiver to change the residential zoning. As Vice Mayor Petrolia said in the June 2 commission meeting, his expectation that the City of Delray Beach can "bend the rules for me" will not be met. Sincerely Daniel Valdez In less, Cath Subject: FW: Special Magistrate Proceeding for MJH 13C, LLC From: Charlotte Lees [ma !Ito:charstuart@aol.com] Sent: Wednesday, August 26, 2015 9:03 AM To: delraydan@me.com; Dutko, Michael Cc: Glickstein, Cary; Jadura, Jordana; Katz, Mitchell; Jacquet, Al; Petrolia, Shelly Subject: Re: Special Magistrate Proceeding for MJH BC, LLC am writing to agree with the excellent letter written by Daniel Valdez. I live at 110 Wood Ln around the corner from this property in question. would like to reiterate my comments from the June 2nd council meeting. When I was president of the Lake Ida Property Owners Association a similar situation arose where a savvy developer purchased a 50' lot on NW 8th Ave. and then tried to get a variance to build a 2 story house on it. The variance was denied. He waited a while and then tried to get the variance again with the same result. I feel a precedent has been set in the Lake Ida neighborhood not to allow 50' lots to be built upon. Mr. Julien is very familiar with the zoning codes in Delray Beach and should not have purchased the property assuming he would get a variance/waiver to build whatever he wanted. The requested waiver is a 33% reduction in lot size even for this portion of Lake Ida. Mr. Julien isn't asking for a couple of feet. He's asking for 25'. Please deny this waiver. To let it go through will open the door for other developers to follow the same course. Respectfully yours, Charlotte Lees ---Original Message ----- From: Daniel Valdez <delravdan(cD_me.com> To: dutkom <dutkom(d)_mvdelravbeach.com> Cc: glickstein<olickstein(a)mydelraybeach.com>; jarjura <iariura(a mydelraybeach.com>; katz <katz@mydelraybeach.con.>; jacquet <iac4uet(ZDmydelraybeach.com>; petrolia < ep trolia_(c)-mydelraybeach.corn> Sent: Tue, Aug 25, 2015 6:07 pm Subject: Special Magistrate Proceeding for MJH BC, LLC Dear Mr. Dutko, I am writing to you as a homeowner, of 23 years, at 520 NW 1 st Ave in Delray Beach. I have a serious concern that this Special Magistrate Proceeding is a maneuver by MJH BC, LLC to bypass the unanimous City Commission decision of June 2 denying him a waiver from the residential zoning laws of our neighborhood. The "Property" is a mere 50 feet from my home. The petitioner has submitted building plans for this property that evidence his complete disregard for the neighboring homes. Where a 828 sq ft house once stood, which was in scale with the size of the property, the petitioner seeks to shoehorn two 2 story buildings for a total of 3,610 square feet. Since the time the petitioner bought the property in April of 2014 he has shown disregard and disrespect to the neighbors by not maintaining the land, and consequently being in constant violation of the Delray Beach Codes. Weeds as high as 4 feet high were a constant sight. Each time I called Code Enforcement to complain, I was told that the petitioner had been cited and yet the violations continued to be posted on the big sign he had on the property proclaiming his "commitment to perfection". I feel that this contempt for the Delray Beach codes is indicative of how he views the zoning regulations. I am left to think that the petitioner does not believe the rules apply to him. During the June 2 City Commission hearing, Commissioner Jarjura stated that Mr. Julien is "not an unsophisticated property owner, understood what the zoning is ... you knew that you had a non -conforming lot that was not buildable and you're ...going to have an adverse impact on the neighborhood." Vice Mayor Petrolia stated that in a previous conversation with Mr. Julien she had told him that "when you're purchasing things you have to take what you get ... you don't get to automatically change the rules to meet your future bill." Mayor Glickstein rightfully state_ d that "the waiver issue has been abused in this city, and in particular in neighborhoods". Commissioner Jacquet said "...developer has done work before in this town and know what they're doing." I urge you to deny the petitioner what he wants : the waiver to change the residential zoning. As Vice Mayor Petrolia said in the June 2 commission meeting, his expectation that the City of Delray Beach can "bend the rules for me" will not be met. Sincerely Daniel Valdez Inglese, Cathy. From: jlkcass@aol.com Sent: Wednesday, August 26, 2015 12:16 PM To: CityAttorney@MyDelrayBeach.com Subject: Fwd: Property at 528 NW 1 st Avenue Please forward to Mr. Dutko - I can't get the email to go through at the email address i have for him. Thank you. ----Original Message ---- From: jlkcass <ilkcass@aol.com> To: Dutko <Dutko(cDmydelraybeach.com> Sent: Wed, Aug 26, 2015 11:14 am Subject: Fwd: Property at 528 NW 1 st Avenue -----Original Message ---- From: jlkcass <`Ikr cass()aol.com> To: dutko <dutko mydelraybeach.com> Sent: Wed, Aug 26, 2015 11:12 am Subject: Property at 528 NW 1 st Avenue Dear Mr. Dutko, I know that there is a hearing regarding the property located at 528 NW 1st Avenue on 9111115. would hope that you would not allow any waivers to the residential zoning laws that are already in place for the Lake Ida neighborhood. The beauty and charm of our neighborhood is being destroyed by all these exceptions that are being made for all of these builders. The "eye soar" that Seaside Builders put in on Grove way is one example and Mr. Julien has another big project at George Bush and Swinton that's wrecking the place - putting 4 residences where one used to be. It seems as if the builders own our town - all of the condos along Federal Highway around the downtown area are destroying the charm of Delray Beach. Traffic is getting unbearable, for starters because of all of this. Thank you for your consideration, Jennifer Cassidy 710 Gardenia Terrace Delray Beach, FL 33444 August 23, 2015 148 Cocoanut Road Delray Beach, FL 33444 HAND DELIVERED Michael E. Dutko, Jr., Asst. City Attorney City of Delray Beach 200 N.W. 1St Avenue Delray Beach, FL 33444 RE: 528 N.W. 1St Avenue, Delray Beach, FL Dear Mr. Dutko. I am in receipt of your letter of August 17, 2015 in connection with the Request for Relief regarding the above -referenced property. I would once again like to reiterate that I am not in favor of the structure MJH BC, LLC is requesting to build. First of all the residence that Mr. Julien tore down in July, 2014 was 828 sq. feet and from what I heard at the June 2nd council meeting he wants to build a house of 2,700 sq. ft. which is 3.25 times larger than what was there and in addition he wants a two story garage. As I said at the June 2nd meeting if he wants to build a residence twice the size then I believe that would be conforming to the area. Houses DO NOT need and SHOULD NOT take up all of the ground. Where are the setbacks? Plus, as I mentioned I am against the number of waivers that the City has been giving to developers and thankfully the commissioners got this one right. The owner should'have done due diligence and then used common serise'before purchasing this property but it appears that he did not. As far as using F.S. 70.51 it is my opinion that he is acting like a spoiled brat and just doesn't want to realize that one takes chances in life but doesn't always get their way. Respectfully submitted, 4".L eqj, Linda Oxford cc: Commissioners September 1, 2015 The Honorable Michael E. Dutko, Jr. Assistant City Attorney City Attorney's Office The City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 RE: NOTICE OF PROCEEDING PURSUANT TO FLA. STAT. § 70.51 Property Located at 528 NW 1st Avenue, Delray Beach, FL 33444 (Dated August 17, 2015) Dear Mr. Dutko, I am writing to you concerning the REQUEST FOR RELIEF filed on behalf of MJH BC, LLC (on June 30, 2015) and the Special Magistrate proceeding scheduled on Friday, September 11, 2015. My name is Peter Allen. My wife (Sylvia Valdez) and I are owners of the adjacent property at 526 NW 1" Avenue. We have owned this property since 1998. I respectfully ask you to consider this written testimony as I am unable to attend the proceeding in person. I have taken note of Special Magistrate Ansbacher's description of Florida s. 70.51 as "a useful tool to try to take a time out from potential litigation and to resolve land use disputes if possible." I urge the City Attorney's Office to adhere to the lawful decisions of the Delray City Commission on June 2 and to decline to accommodate this REQUEST FOR RELIEF. I wish to make two points. First, the City Commission, at its June 2 hearing, observed due process, acted in accord with its lawful powers and made a decision in keeping with Delray Beach zoning laws. The MJH REQUEST alleges that the Commission, "rather than focusing on the objective standards to be determined for a waiver, ... [its] only concerns were the architectural plans themselves..." The video of the hearing shows that this allegation is false. The Commission discussed thoroughly the elements of the waiver. The bottom line, though, was that the Delray Land Development Regulations do not allow development of a lot as narrow as 528 NW 1st Ave. The lot is a "residual parcel" with a frontage that is only 213 of the minimum 75 foot minimum that the Regulations require. Though MJH doesn't like it, the issues of zoning are clear and were clear to the Commission on June 2. The so-called "architectural plans" for this parcel are the heart of this entire matter for me and my neighbors. It is clear to us that MJH wants to treat this "residual parcel" just as any other parcel, and squeeze onto it two enormous two-story buildings totaling 3,610 square feet. It has refused to make any accommodation in its plans for the special character of this lot. This is why, I believe, _MJH has requested wholesale waivers of parts of Delray zoning regulations, the first of which (a variance from the street setback) was petitioned for on July 11, 2014 three days before MJH demolished the small house that stood on the lot since 1925. It is clear that the MJH plan for 528 NW 1' Avenue is unlawful and would have a disastrous impact on our neighborhood. This entire episode epitomizes why we have zoning laws in the first place. The City has acted consistently on this matter from the start. It denied the MJH variance request for the setback in mid -2014 and then on June 2 denied waivers from two sections of City of Delray Land Development Regulations on lot size. This lot is too small for an MJH McMansion! The representations in the REQUEST to the effect that MJH and its counsel were innocent and unaware of the limitations on the zoning of this parcel prior to purchase, and that it relied (detrimentally and reasonably) on junior members of the City administration for this information, are pretty hard for me to believe. Secondly, the 528 NW 1" Avenue parcel is zoned R -I -AA and a house stood on it from 1925 until MJH BC tore it down on July 14 last year. It was a small house with just 825 square feet. The Commission did not accept this prior use of the parcel as a precedent for development of this parcel, just as the Land Development Regulations do not provide for this. Should the Attorney's Office and the Commission decide to compromise on this point, then it is clear that the precedent is a very narrow one, not for two multi -story buildings of 3,610 square feet, but for a small house in keeping with the 1925 building and the small, "residual," size of this lot. Should the City decide to compromise, and to grant a waiver, it should make it a conditional one that requires MJH or any builder reconcile its building plans with the special character of this small parcel. To conclude, I ask respectfully that the City Attorney's Office uphold the June 2 decision of the City Commission. What MJH is proposing for this small residual parcel violates the letter and the spirit of Delray Land Development Regulations. Thank you for your attention to my concerns on this matter. Sincerely, Peter T. Allen Homeowner 526 N.W. I" Avenue Delray Beach, Florida 33444 Cc: City Commissioners 2 File #: 15-271, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerks THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 ROUTINE BUSINESS (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM File #: 15-277, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: November 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 RESOLUTION NO. 75-15 - EXTENDING AN INVITATION TO PESARO, ITALY TO BECOME A SISTER CITY Recommended Action: Motion to Approve Resolution No. 75-15, extending an invitation to the City of Pesaro, Italy to become a Sister City and inviting the people of Pesaro, Italy to participate in said program. Background: 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. The City of Delray Beach, Florida is a member of Sister Cities International and currently has a partnership with two sister cities. The City of Pesaro, Italy, has expressed interest in partnering with the City of Delray Beach, Florida through the Sister Cities International program. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM RESOLUTION NO. 75-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXTENDING AN INVITATION TO THE CITY OF PESARO, ITALY TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF PESARO, ITALY 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 City of Pesaro, Italy, has 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 Pesaro, Italy. 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 City of Pesaro, Italy, 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 Sister Cities of Delray Beach, Inc. is hereby authorized to act as official representative of the City of Delray Beach in carrying out the Sister City partnership with Pesaro, Italy. Section 4. That copies of this Resolution shall be sent to the Mayor and Commission of the City of Pesaro, Italy and Sister Cities International in Washington, D.C. Section 5. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17`x' day of November 2015. ATTEST: City Clerk "LIZISTIM. 2 Res No. 75-15 BOARD OF DIRECTORS January - December 2015 OC1gR5 President David W. Schmidt Vice -('resident Ngozi E. Mensah Seereisry William F_ w9shcr Treasarcr Jessica Crowel Jessica Caoael Ahigad Gooftia Don xof iumn Napery King Tod L_H- Jeffrey Lvmte Ted Ntarsball Ngnd E asab Rhona M -6 --sob James Mihuri PyNlmq)hy Reiko t"shioka Jessica Salzman David W_ Schn idt Wiltiam F_ WHShff t f i -{' .W t SISTER CITIES of DELRAYBEACH, INC. c/o Delray Beach City Hall 100 NW I� Avenue Delray Beach, FL 33444 October 31, 2015 Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana L. Jarjura Commissioner Mitch Katz City Manager Donald Cooper Re: Pesaro, Italy Sister City relationship with Delray Beach Dear Mayor, Commissioners and City Manager: In January of this year, the Mayor of Pesaro, Italy sent Frances Gallioto to Delray Beach to determine its suitability as a possible sister city for Pesaro. Pesaro has sister cities in other countries but not the United States. Officials in Pesaro had specifically selected Delray Beach for research. Ms. Gallioto stayed several weeks, and during that time she met with the Sister Cities' board, Mayor Glickstein, representatives of the Chamber of Commerce and Delray Beach Marketing Cooperative, and a number of residents. She also met with officials in Boca Raton to discuss a possible sister cities relationship between Boa Raton and Urbino, Italy, a neighboring city of Pesaro. In addition, she met with County officials to discuss a possible regional relationship between Palm Beach County and the Marche Region, where Pesaro and Urbino are located. This summer, Stephanie Immelman and Stephen Chrisanthus from the Delray Beach Marketing Cooperative visited Pesaro while they were traveling in Italy. They are very excited about the opportunities for tourism and economic exchange between the two cities. We have established a committee that would oversee the relationship between Delray Beach and Pesaro if we move forward with a sister cities relationship. Yolam Ruiz We have recently been advised that a small delegation from Pesaro, city Cter < s g0ce including the Mayor, would like to visit Delray Beach at the beginning of Vie December to formalize the sister cities relationship. They would be here rvwry.sistereitiesofdetraybeacb.ory for the December 1 City Commission meeting. Mayor Cary Glickstein October 31, 2015 Page 2 The Sister Cities of Delray Beach board supports the new sister cities relationship between Delray Beach and Pesaro. I will have the board vote at the board meeting of November 5, 2015, to formally recommend to the City Commission that the two cities become sister cities. I would like to request time on the November 17, 2015, City Commission agenda for Stephanie Immelman and me to make a short presentation about Pesaro. I would also ask that a resolution be placed on that same agenda for City Commission approval, authorizing the City to enter into the Sister Cities agreement with Pesaro. I can draft a resolution and forward it to the City Manager. It would be similar to the one passed for the new relationship with Aquin, Haiti. I can also draft a proposed agreement between the cities, establishing the Sister Cities relationship. In the interim, if any of you have any questions or concerns, please do not hesitate to contact me. Sincerely yours, David W. Schmidt President venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-260, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 22-15 (SECOND READING): (STAFF HAS REQUESTED THAT THIS ITEM BE MOVED TO THE DECEMBER 8, 2015 REGULAR MEETING) Motion to Approve Ordinance No. 22-15, amending the Land Development Regulations, of the City of Delray Beach, Florida by amending Section 4.6.19, "Tree Ordinance", Subsection (C)(1), "Compliance"; Subsection (D)(2), "Designation/Protection of Exceptional Specimen Trees"; Subsection (D)(3), "Substitution of Mature, Exceptional Specimen Trees/Specimen Trees for Required Parking"; Subsection (E)(3), "Procedure"; Subsection (E)(4), "Issuance of Permit"; Subsection (E)(5), "Imposition of Conditions"; Subsection (E)(8), "Penalties"; Subsection (J)(3), "Cleanup"; and Subsection (N), "Prohibited Species Removed". STAFF HAS REQUESTED THAT THIS ITEM BE MOVED TO THE DECEMBER 8, 2015 REGULAR MEETING. Background: At the November 3, 2015 Regular City Commission Meeting, Ordinance No. 22-15 was approved on First Reading. City Attorney Review: A Public Hearing notice was published on Friday, November 6, 2015 in the Sun Sentinel newspaper. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM File #: 15-261, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 29-15 (SECOND READING) Recommended Action: Motion to Approve second and final reading of Ordinance No. 29-15 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: At the November 3, 2015 Regular City Commission Meeting, Ordinance No. 29-15 was approved on First Reading. City Attorney Review: A Public Hearing notice was published on Friday, November 6, 2015 in the Sun Sentinel. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM ORDINANCE NO. 29-15 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"; AMENDING SECTION 33.67, "OTHER PROVISIONS", TO PROVIDE FOR THE REEMPLOYMENT OF RETIRED MEMBERS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Code Amended. That a new subsection (I) is added to Section 33.67, "Other Provisions" of the City Code of Ordinances to read as follows: Sec. 33.67. - OTHER PROVISIONS. (I) A member who retires and begins to receive retirement income may, following cessation of all City employment for a period of at least thirty (30) days, return to City employment in a part-time capacity or in a full-time positon not covered by this plan and continue receiving retirement income from the plan. In no event shall such reemployment be arranged or agreed to prior to the member's retirement. Section 2. 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 3. 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 4. 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 32015. Attest: City Clerk First Reading Second Reading MAYOR 2 Ord No. 29-15 venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-181, Version: 1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 3, 2015 ORDINANCE NO. 29-15 (FIRST READING): AMENDMENT TO POLICE AND FIRE PENSION PLAN WITH REGARD TO REHIRE OF RETIRED EMPLOYEES Recommend Action: Commission discretion Background: The City Commission, by consensus, requested that the City develop a policy that would allow for the rehiring, in limited circumstances, of retired City employees receiving City pension distributions. This issue recently came to light with respect to a desire to rehire, on a part time basis, retired police officers with specialized skills and experience based on their long service record. This issue is not unique to Delray Beach and affects all local governments. In 2011, the IRS released a Private Letter Ruling in response to the common practice of governments immediately rehiring its retired employees who are also receiving pension distributions. The IRS ruling held that if both the employer and employee know at the time of retirement that the employee will, with reasonable certainty, continue to perform services for the employer, a separation from employment has not occurred and the employee has not legitimately retired. This ruling caused great concern among local governments because violation of IRS rules could result in the disqualification of the pension plan. In response to this IRS ruling, local governments have adopted policies that require a minimum break in service following a bona fide retirement and termination of services. A City may rehire its retired employees and provide a retirement distribution to the rehired retiree if a bona fide retirement has occurred. For example, the Florida Retirement Service established a one month break in service following termination of employment before reemployment with a FRS agency (FRS now requires a 6 month break in service). Accordingly, the City Attorney's office together with the City's special pension counsel have prepared an ordinance addressing this issue by amending the Police and Fire -Rescue Departments pension plan. The ordinance provides that a retired City employee receiving retirement income must cease all City employment for a period of at least 30 days. Also, there must be no agreement for City of Delray Beach Page 1 of 2 Printed on 10/28/2015 powered by Legistar'"^ File M 15-181, Version: 1 reemployment prior to the member's retirement. It should also be noted that the ordinance prevents an employee from vesting a second pension with the same plan. For this reason, an employee may only be rehired on a part time basis if he or she will be covered by the same plan from which he or she retired. For example, a retired police or fire rescue employee may only work part time in a position covered by the police and fire rescue plan, but may work full time in a position covered by the general employee plan. The converse applies to retired members of the General Employee pension plan. City of Delray Beach Page 2 of 2 Printed on 10/28/2015 powered by Legistar'" File #: 15-262, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 30-15 (SECOND READING) Recommended Action: Motion to Approve on second and final reading Ordinance No. 30-15. 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: At the November 3, 2015 Regular City Commission Meeting, Ordinance No. 30-15 was approved on First Reading. City Attorney Review: A Public Hearing notice was published on Friday, November 6, 2015 in the Sun Sentinel newspaper. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM ORDINANCE NO. 30-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", GENERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 35.090, "PARTICIPATION", TO PROVIDE FOR THE REEMPLOYMENT OF RETIRED PARTICIPANTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a new subsection (G) is added to Section 35.090, "Participation", of the Code of Ordinances of the City of Delray Beach, to read as follows: Sec. 35.090. - PARTICIPATION. (G) An employee who retires and begins to receive retirement income may, following cessation of all City employment for a period of at least thirty(30Lys, return to City employment in a part-time capacity or in a full-time positon not covered by this plan and continue receiving retirement income from the plan. In no event shall such reemployment be arranged or agreed to prior to the employee's retirement. Section 2. 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 3. 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 4. 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: City Clerk First Reading Second Reading - MAYOR 2 Ord No. 30-15 File #: 15-180, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 3, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 ORDINANCE NO. 30-15 (FIRST READING): AMENDMENT TO GENERAL EMPLOYEE PENSION PLAN WITH REGARD TO REHIRE OF RETIRED EMPLOYEES Recommend Action: Commission discretion Background: The City Commission, by consensus, requested that the City develop a policy that would allow for the rehiring, in limited circumstances, of retired City employees receiving City pension distributions. This issue recently came to light with respect to a desire to rehire, on a part time basis, retired police officers with specialized skills and experience based on their long service record. This issue is not unique to Delray Beach and affects all local governments. In 2011, the IRS released a Private Letter Ruling in response to the common practice of governments immediately rehiring its retired employees who are also receiving pension distributions. The IRS ruling held that if both the employer and employee know at the time of retirement that the employee will, with reasonable certainty, continue to perform services for the employer, a separation from employment has not occurred and the employee has not legitimately retired. This ruling caused great concern among local governments because violation of IRS rules could result in the disqualification of the pension plan. In response to this IRS ruling, local governments have adopted policies that require a minimum break in service following a bona fide retirement and termination of services. A City may rehire its retired employees and provide a retirement distribution to the rehired retiree if a bona fide retirement has occurred. For example, the Florida Retirement Service established a one month break in service following termination of employment before reemployment with a FRS agency (FRS now requires a 6 month break in service). Accordingly, the City Attorney's office together with the City's special pension counsel have prepared an ordinance addressing this issue by amending the General Employees pension plan. The ordinance provides that a retired City employee receiving retirement income must cease all City employment for a period of at least 30 days. Also, there must be no agreement for reemployment City of Delray Beach Page 1 of 2 Printed on 10/28/2015 powered by Legistar'"^ File M 15-180, Version: 1 prior to the member's retirement. It should also be noted that the ordinance prevents an employee from vesting a second pension with the same plan. For this reason, an employee may only be rehired on a part time basis if he or she will be covered by the same plan from which he or she retired. For example, a retired police or fire rescue employee may only work part time in a position covered by the police and fire rescue plan, but may work full time in a position covered by the general employee plan. The converse applies to retired members of the General Employee pension plan. City of Delray Beach Page 2 of 2 Printed on 10/28/2015 powered by Legistar'" File #: 15-263, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 31-15 (SECOND READING) Recommended Action: Motion to Approve second and final reading of Ordinance No. 31-15. 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: At the November 3, 2015 Regular City Commission Meeting, Ordinance No. 31-15 was approved on First Reading. City Attorney Review: A Public Hearing notice was published on Friday, November 6, 2015 in the Sun Sentinel newspaper. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM ORDINANCE NO. 31-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER AMENDMENT BY AMENDING ARTICLE IV, "ADMINISTRATIVE - EXECUTIVE", BY ADDING SECTION 4.10, "INTERNAL AUDITOR APPOINTMENT, QUALIFICATIONS, REMOVAL AND COMPENSATION" AND SECTION 4.11, "DUTIES OF INTERNAL AUDITOR", TO PROVIDE THE CITY COMMISSION WITH THE DISCRETION TO APPOINT AN INTERNAL AUDITOR; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON MARCH 15,2016; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, Section 166.031, Florida Statutes provides that the governing body of a municipality may, by ordinance, submit to the electors of the municipality a proposed amendment to its charter and place the proposed amendment contained in the ordinance to a vote of the electors at a general or special election; and WHEREAS, the City Commission desires to have the ability to appoint an internal auditor for the purpose of reviewing business practices, procedures, internal controls and procurement practices which are used, employed and promulgated by the City of Delray Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City C;omrmssion of the City of Delray Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety. Section 2. That Article IV, "Administrative -Executive" of the City of Delray Beach Charter shall hereby be amended to read as follows: Sec. 4.10. INTERNAL AUDITOR APPOINTMENT, QUALIFICATIONS, REMOVAL AND COMPENSATION (A) Appointment. The City Commission may appoint an Internal Auditor as may be deemed necessary for an indefinite term by majority vote of the Commission. The Internal Auditor shall be employed under such terms and conditions as the City Commission may deem advisable. (B) Qualifications. The individual appointed to the position of Internal Auditor shall be a person who holds and maintains an active license to practice public accounting pursuant to Chapter 473, Florida Statutes, as may be amended from time to time, and shall have sufficient experience in governmental accounting and auditing practices. (C) Removal. The Internal Auditor shall hold office at the pleasure of a majority of the Cornrnission. (D) Compensation. The City Commission may, from time to time, fix the regular compensation of the Internal Auditor at a sum commensurate with the duties which may be imposed on them by this Charter and by the City Commission. Sec. 4.11. DUTIES OF INTERNAL AUDITOR (A) Duties The Internal Auditor shall follow governmental auditing standards and shall review business practices, procedures, internal controls and procurement practices which are used, employed and promulgated by the City of Delray Beach. The Internal Auditor shall also be responsible for the performance of such other duties assigned by the City Commission. The Internal Auditor shall review any matter related to city business upon the request of a majority of the City Commission or the City Manager. (B) Authority. To the degree necessary to fulfill the responsibilities of the office, the Internal Auditor shall have the power and authority to: 1) Conduct financial and compliance, economy and efficiency, and performance audits of city government and city officials with written reports submitted to both the City Commission and the City Manager. 2) Have free and unrestricted access to government employees, officials, records, and reports and, where appropriate, require all branches, departments and officials of city government to produce documents, files and other records. 3) Employ such other administrative, professional, expert and clerical assistance as is necessary, subject to City Commission approval, to carry out the Internal Auditor's required duties. Section 3. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Deltay Beach in conjunction with the March 15, 2016 Presidential Preference Primary election and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: 2 ORD. NO. 31-15 QUESTION CHARTER AMENDMENT — AUTHORITY TO APPOINT INTERNAL AUDITOR THE CHARTER CURRENTLY DOES NOT PROVIDE FOR THE APPOINTMENT OF AN INTERNAL AUDITOR. UNDER THE PROPOSED CHARTER AMENDMENT, THE CITY COMMISSION WOULD HAVE THE DISCRETION TO APPOINT AN INTERNAL AUDITOR TO SERVE AT THE PLEASURE OF THE CITY COMMISSION, TO REVIEW THE BUSINESS PRACTICES, PROCEDURES, INTERNAL CONTROLS AND PROCUREMENT PRACTICES OF THE CITY OF DELRAY BEACH. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES ❑ NO ❑ Section 5. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 6. That should any clause, section or other part of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 7. That this ordinance shall become effective upon its passage on second and final readingin accordance with Section 3 above. PASSED AND ADOPTED in regular session on second and final reading on this the day of -12015. ATTEST: CITY CLERK - First Reading Second Reading MAYOR 3 ORD. NO. 31-15 File #: 15-173, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 3, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 ORDINANCE NO. 31-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE A CHARTER AMENDMENT THAT WOULD PROVIDE THE CITY COMMISSION WITH THE AUTHORITY TO APPOINT AN INTERNAL AUDITOR Recommend Action: Commission discretion. Background: The City Commission has discussed on several occasions the idea of amending the City's Charter to provide for the appointment of an independent internal auditor reporting directly to the City Commission. This Charter provision authorizes the appointment of an internal auditor for the purpose of conducting independent reviews of the business practices, procedures, internal controls and procurement practices used by the City. Discussion: If the City Commission decides that an internal auditor position is appropriate, the City must amend its charter to create this position in a manner similar to the City Manager and City Attorney. The purpose of the Charter amendment is to create this position as a direct report to the City Commission so that it may retain control over the appointment, termination, compensation and tasks of the internal auditor to assure that all reviews undertaken by the auditor are independent and objective. It should be noted that the proposed draft provides that the position of internal auditor may be created at the discretion of the Commission by majority vote. If the Commission desires the position to be mandatory, similar to the City Manager and City Attorney positions, the ordinance and referendum can readily be amended. The proposed Charter amendment provides duties and guidelines for the manner in which the internal auditor conducts his or her review of the overall business practices of the City. The internal auditor shall review any matter related to city business upon the request of the majority of the City Commission or the City manager. This Charter amendment also provides the internal auditor with broad powers and authority to aid in conducting investigations. For example, the proposed Charter amendment provides that the internal auditor will have free and unrestricted access to government employees, officials, records and reports and, where appropriate, can require all branches, City of Delray Beach Page 1 of 2 Printed on 10/28/2015 powered by Legistar'"^ File #: 15-173, Version: 1 departments and officials of city government to produce documents, files and other records. Finally, subject to City Commission approval, the proposed ordinance provides the internal auditor with the discretion to employ other administrative, professional, expert and clerical assistance as is necessary to carry out required duties. If the Commission wishes to move forward with this Charter amendment, the referendum question may be placed on the ballot for the Presidential Preference Primary election scheduled for March 15, 2016 together with the referendum on the repeal of the City's civil service code. City of Delray Beach Page 2 of 2 Printed on 10/28/2015 powered by Legistar'"^ File #: 15-264, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 32-15 (SECOND READING) Recommended Action: Motion to Approve on second and final reading Ordinance No. 32-15. 100 N.W. 1 st Avenue Delray Beach, FL 33444 Background: At the November 3, 2015 Regular City Commission Meeting, Ordinance No. 32-15 was approved on First Reading. City Attorney Review: A Public Hearing notice was published on Friday, November 6, 2015 in the Sun Sentinel newspaper. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM ORDINANCE NO. 32-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE PRESIDENTIAL PREFERENCE PRIMARY ELECTION GIVE THEIR CONSENT FOR THE REPEAL OF CHAPTER 25784, LAWS OF FLORIDA, WHICH CREATED THE CIVIL SERVICE CODE FOR CITY OF DELRAY BEACH EMPLOYEES; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON MARCH 15, 2016 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 15, 2015, the City Commission of the City of Delray Beach passed Resolution number 65-15, which expressed its support for a proposed local bill repealing Chapter 25784, Laws of Florida in the 2016 Legislative Session in order to have the ability to amend its civil service system by home rule ordinance; and WHEREAS, if passed by the Florida Legislature, the local bill repealing Chapter 25784 will not take effect until it is approved by a majority vote of those qualified electors of the City of Delray Beach in a referendum; and WHEREAS, Section 166.021(4), Florida Statutes, requires a referendum of the electors in order to change any rights of municipal employees contained in the Charter or Special Law; and WHEREAS, the referendum must be held in accordance with the standards of Section 166.031, Florida Statutes, which states that the governing body of a municipality shall place the proposed amendment contained in an ordinance to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety. Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a general election to repeal Chapter 25784, Laws of Florida. Section 3. That a referendum will be held in conjunction with the March 15, 2016 Presidential Preference Primary election. Section 4. The form of the ballot to be used in the referendum shall be as follows: QUESTION REPEAL OF SPECIAL ACT CREATING THE CIVIL SERVICE CODE FOR CITY OF DELRAY BEACH EMPLOYEES FLORIDA STATUTE CURRENTLY REQUIRES A REFERENDUM OF THE ELECTORS IN ORDER TO CHANGE ANY RIGHTS OF MUNICIPAL EMPLOYEES CONTAINED IN A SPECIAL LAW. THE PROPOSED REPEAL OF CHAPTER 25784, LAWS OF FLORIDA, SUBJECT TO ENACTMENT BY THE FLORIDA LEGISLATURE, WOULD ALLOW THE CITY COMMISSION TO AMEND ITS CIVIL SERVICE CODE BY ORDINANCE RATHER THAN HOLDING A REFERENDUM AND SUBMITTING A LOCAL BILL TO THE FLORIDA LEGISLATURE. SHALL CHAPTER 25784, LAWS OF FLORIDA BE REPEALED? YES ❑ NO ❑ Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question and the Florida Legislature has enacted the local bill requesting a repeal of Chapter 25784, Laws of Florida, then the referendum will be implemented pursuant to this ordinance. If a majority of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question and the Florida Legislature has not yet enacted the local bill requesting a repeal of Chapter 25784, Laws of Florida, the referendum will not take effect pursuant to this ordinance unless the local bill is enacted by the Florida Legislature. If a majority of the qualified voters of the City of Delray Beach voting in this referendum vote against the question or the local bill requesting a repeal of Chapter 25784, Laws of Florida is not enacted by the Florida Legislature, then this ordinance shall have no force and effect. Section 6. 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: MAYOR 2 ORD. NO. 32-15 CITY CLERK First Reading Second Reading ORD. NO. 32-15 File #: 15-167, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 3, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 ORDINANCE NO. 32-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE THE REPEAL OF THE SPECIAL ACT THAT CREATED THE CITY'S CIVIL SERVICE CODE Recommend Action: Commission discretion. Background: At its September 15, 2015 regular meeting, the City Commission passed a resolution providing support for a local bill that would repeal the Special Act that created the City's civil service code (Chapter 25784, Laws of Florida). If passed, the local bill repealing Chapter 25784 will not take effect until it is approved by a majority vote of those qualified electors of the City of Delray Beach in a referendum. The City anticipates utilizing the services of the Supervisor of Elections to hold a referendum in conjunction with the Presidential Preference Primary election to be held on March 15, 2016 seeking approval of the repeal of Chapter 25784. The local bill repealing Chapter 25784 was scheduled to be heard by the Palm Beach County Legislative Delegation on October 15, 2015; however, the Delegation did not have a quorum and no action was taken. The hearing for the City's local bill has now been rescheduled for December 8, 2015. The deadline for the referendum question to be submitted to the Palm Beach County Supervisor of Elections for the March 2016 election is December 11, 2015. The 2016 Florida Legislative Session begins on January 12, 2016 and ends on March 11, 2016. The City is scheduling this referendum without knowing for certain the outcome of the legislative action. However, this is unavoidable unless the referendum is postponed until the November 2016 general election. Discussion: Section 166.021(4), Florida Statutes, requires a referendum of the electors in order to change any rights of municipal employees contained in the Charter or Special Law. This section further provides that the referendum must be held in accordance with the standards of Section 166.031, Florida Statutes, which states that the governing body of a municipality shall place the proposed amendment contained in an ordinance to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. The attached ordinance provides that the referendum question is subject to enactment by the Florida Legislature. City of Delray Beach Page 1 of 1 Printed on 10/28/2015 powered by Legistar'"^ venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-148, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 33-15: POLICE ADVISORY BOARDS (FIRST READING) Recommend Action: Motion to Approve Ordinance No. 33-15, Amending Chapter 32, "Departments, Boards and Commissions" by amending Section 32.62, "Composition; Appointment Terms", deleting the requirements of the Appointment to the First Board by amending Section 32.64, "Qualifications of Members" to Add Section (D), by amending Section 32.65, "Duties and Responsibilities" to add Section (E) to complete a "Police Ride -A -Long" and by amending Section 32.66, "Meetings", to provide for Board Meetings every other month. If passed, a Public Hearing will be held on December 1, 2015. Background: This is an ordinance amending Ordinance 21-10 Police Advisory Board. Currently the Police Advisory Board has quarterly meetings. The proposed ordinance would require the Board to meet every other month to allow for more of a continuous flow of ideas. As to the qualification of Board Members, the proposed ordinance would require staff to endeavor to solicit members from different areas of the community to allow for a more diverse cross section of our community. Further, the proposed ordinance would require prospective members to have an interest in police policy, operations and community relations with the Police Department. Once Board Members have been appointed by the Commission, the proposed ordinance would require the new member to complete a police ride -a -long to allow a member to see and understand the day to day operations of police officers. The proposed ordinance will also delete any verbiage on developing the first Board appointments and terms as the Board has been operating continuously since 2005. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Not applicable. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by Legistar'"^ ORDINANCE NO. 33-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS BY AMENDING SECTION 32.62 "COMPOSITION; APPOINTMENT; TERMS DELETING THE REQUIREMENTS OF THE APPOINTMENT TO THE FIRST BOARD BY AMENDING SECTION 32.64 "QUALIFICATIONS OF MEMBERS" TO ADD SECTION (D) BY AMENDING SECTION 32.65 DUTIES AND RESPONSIBILITIES TO ADD SECTION (E) TO COMPLETE A POLICE RIDE -A -LONG AND BY AMENDING SECTION 32.66, "MEETINGS", TO PROVIDE FOR BOARD MEETINGS EVERY OTHER MONTH, PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Police Advisory Board has determined that it is more advantageous to meet every other month; WHEREAS, the Police Advisory Board has determined that sitting members should have an interest in Police operations and policy and community relations with the Police Department, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions" Section 32.62 "Composition; Appointment; Terms" is amended to read as follows: The Police Advisory Board shall be composed of thirteen (13) regular members. 'iie first rrts eansiseng of 4tifteenegti4ar membetss3&Ube reearnmended-by the —R.A.G E. Relations , The City Commission shall fill vacancies in accordance with City Policies and Procedures. The thirteen (13) regular members shall be appointed by the City Commission for terms of two (2) years. emeept that the members of the first Baai!d to serve shag be appointed so that seven (7) inetnbets shaR serve fat flitee yeaf fetms and six (6) membets shall serve two year- ter -fns. Their stteee8ser-s shodl be app&inted fet two yeat terms., It is further provided that no member may serve more than two (2) successive terms on this Board. Section 2. That Chapter 32, "Departments, Boards and Commissions" Section 32.64 "Qualifications of Members" is amended to read as follows: (A) The Police Advisory Board membership shall include a diverse cross-section of the community- and staff shall endeavor to solicit members from community ou s representing diverse interests in the community. (B) The membership shall include business owners, religious and faith -based organizations, youth, school officials and local organizations, where feasible, (C) The City Commission shall endeavor to include as many racial and ethnic minority members as possible. QD Members shall have an interest in Police 12oligy and operations as well as communi relations with the Police Department. Section 3. That Chapter 32, "Departments, Boards and Commissions" Section 32.65 "Duties and Responsibilities" is amended to read as follows: (A) Serve as liaison between the Police Department and the community, and the City to increase communication between the Police Department and the City; (B) To assist the Police Chief and District Commanders, through input, in making quality decisions; to assist in the addressing of short-term and long-term concerns of the community and help identify priorities and solutions; (C) To provide input on police policies, procedures and practices designed to decrease misunderstandings with and among the members of the community; and (D) To review and make recommendations concerning such other matters as may be referred to the board, from time to time, by the Chief of Police, the City Manager or City Commission; X , To complete a Policeride-a-long Won appointment to the Board. Section 4. That Chapter 32, "Departments, Boards and Commissions", Section 32.66, "Meetings". is amended to read as follows: Sec. 32.66 MEETINGS (A) The Police Advisory Board shall meet at least once quatt every other month on the second Monday in of the month except when that date falls on a holiday. In that circumstance, the Board shall establish another regular meeting date for that quarto month. The Police Advisory Board may hold special meetings at the direction of its chairperson upon twenty-four (24) hours' notice. (B) All meetings shall be open to the public and the order of business and procedure shall be as prescribed by the rules and regulations to be formulated by the Police Advisory Board and adopted by the City Commission. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. F, PASSED AND ADOPTED in regular session on second and final reading on this the day of _ 2049 2015. ATTEST: City Clerk First Reading _ Second Reading 3 MAYOR File #: 15-276, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: November 17, 2015 NEXT STEPS FOR THE FIRE DEPARTMENT 100 N.W. 1 st Avenue Delray Beach, FL 33444 City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM CITY OF DELRAY BEACH DELRAY BEACH 100 N.W. Isl AVENUE e DELRAY BEACH, FLORIDA 3;444 e 561/243-7000 blftd All-AmericaCity MEMORANDUM II I I TO: Mayor & City Commission 1993 FROM: Donald B. Cooper, City Managek 6,----' 001 DATE: November 10, 2015 SUBJECT: Next steps for the Fire Department Pursuant to the direction of the Commission to address the variety of issues facing the Delray Beach Fire Department (DBFD) the following actions are being undertaken: 1. Upon approval by the union the collective bargaining agreement will recommend to the Commission for approval (11/17/15 meeting) which will bring to a close the uncertainty concerning pay and provide for an increase in wages to the personnel. 2. 1 am meeting with department personnel (11/10/15) to discuss the department and affirm the Commission's commitment to the department. 3. We have commenced the process to acquire three apparatus for the department that were on hold pending the discussions with PBC. Two additional vehicles will be ordered upon approval of the Highland Beach contract for that station (paid for by HB). 4. Reengaged the process to replace Station 3 including property acquisition and design with the intent to break ground on the new station by 10/1/16. Once a new site has been acquired we may be required to demo the old station which will require the relocation of personnel into temporary quarters for the construction period. 5. Directed Human Resources and DBFD to commence hiring process to fill the open positions within the department; process under way and the Chief plans on completing that process within 90 days depending upon applicants. SERVICE - PERFORMANCE - 1NTFGRI-,Y - 9C1=5PONSIBLE - INNOVATIVE ° TEAMWORK 6. Human Resources department is preparing to conduct a wage and classification study which will examine among many issues wages, wage compression and benefits for the city including the fire department. 7. Directed DBFD command staff to prepare recommendation to the Commission LOS standards for the DBFD (focusing on the needs of DB) including the costing of those standards. If approved by the Commission they will set staffing levels for the department. Those LOS will be brought to the Commission in the first quarter of 2016 for Commission approval in conjunction with of LOS standards for the City as a whole. 8. Preparing with the Chief Financial Officer and working with City Attorney's office long-term plan based upon new contract (if approved) to address unfunded liability of the Fire pension. 9. Working with purchasing to provide for better maintenance of fire apparatus including the possibility of contracting with PBC for the fire apparatus maintenance. We expect to bring that issue to the Commission for approval within 90 days. To address these issues is going to require a long term commitment by the Commission and the community and will require additional resources to make it happen. What those resources are and in what form will require a community consensus and will require a broader involvement than just the city and its personnel. At the appropriate time the Commission may want to create a broad community group to provide suggestions to the Commission on levels of service and how to accomplish those levels. DBC/dr Cc: Francine Ramaglia, Assistant City Manager David Scott, Assistant City Manager Tennille Decoste, Human Resources Director Danielle Connor, Fire Chief Jack Warner. Chief Financial Officer File #: 15-286, Version: 1 City of Delray Beach Legislation Text TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: November 17, 2015 RESPONSES TO THE PUBLIC TO BE HEARD NOVEMBER 17, 2015 100 N.W. 1 st Avenue Delray Beach, FL 33444 City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarTM EITM OF DELRAY BEACH DELRAY BEACH bftd 100 N.W. 1st AVENUE . DELRAY REACH, FLORIDA 33444 . Fir,t"V1 7000 All-AmericaCity 'VIII 1993 MEMORANDUM 2001 TO: Mayor and Commission FROM: Donald B. Cooper, City Manager DATE: November 12, 2015 SUBJECT: RESPONSES TO PUBLIC TO BE HEARD November 3, 2015 Commission Meeting The following items required response from the City Manager's Office: 1. Comments by Mr. Jim Knight and Ms. Alice Finst concerning agenda changes: a step by step process will be outlined on the city's web page providing instruction on how to access agenda material. 2. Comments by Mr. Graham Hutchinson concerning water service at 524 Andrews Avenue: Mr. Hutchinson's specific issue has been addressed. We will be bringing a policy recommendation for Commission approval requiring replacement of galvanized service lines when development occurs on those properties; cost of replacement line will be the only cost to the property when service previously existed. New service will be required to meet City Standards as to materials and construction methods. 3. The parking issues on CLT/ historic properties are being examined by the Community Development staff. 4. Tree service/pruning issues at Marina and Tropic Palms have been addressed. 5. Response to Mr. Ricardo Gran (IAFF Local 2428) has been sent to Mr. Gran in response to his comments and his follow-up letter. SERVICE ' PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK RE: RESPONSE TO PUBLIC TO BE HEARD November 3, 2015 Commission Meeting Page 2 of 2 6. WiFi/Internet service independent of our franchise at the Marina: requirements are being examined to determine cost and whether such service can be provided without violating agreements. DC/sy cc: Francine Ramaglia, Assistant City Manager David Scott, Assistant City Manager Danielle Connor, Fire Chief Michael Coleman, Director, Community Improvement Jeff Costello, Executive Director, CRA Suzanne Fisher, Director, Parks and Recreation Tennille Decoste, Director, Human Resources Jeffrey Goldman, Police Chief Joan Goodrich, Director, Economic Development Randal Krejearek, Director, Environmental Services Shirley McKennon, Director, Human Resources Chevelle Nubin, City Clerk Gwendolyn Spencer, Chief Innovation Technology Officer Timothy Stillings, Director, Planning and Zoning Holly Vath, Chief Purchasing Officer Jack Warner, Chief Financial Officer