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Agenda 03-16-16 (2) - - - - - - -- -- --- Play for P.I.N.K. - Enq CONFIDENTIAL January 7, 2016 Richard McNevin Captain Boynton Beach Police Department 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Captain McNevin, LexisNexis® is providing this written quote detailing the costs for a proposed software licensing, software support, and services agreement for the Boynton Beach Police Department. The pricing in this quote is only valid for 90 days from the date above. Recommended Package Based on your requirements, following is the recommended package that we believe meets the Boynton Beach needs: Item Monthly Cost Item Count Total/Annual Cost ATACRAIDS $1,000 12 months $12,000 ATACRAIDS onsite 3 day training N/A 3 days $5,100 RMS Translation $200 12 months $2,400 CAD Translation $200 12 months $2,400 Offender Translation Included 1 Included RAIDS Online Public Crime Map Free 1 Free Total: $21,900 PROPRIETARY AND CONFIDENTIAL 640 Plaza Drive, Suite 340, Highlands Ranch, Colorado 80129 Tel: 303.346.6000 | Fax: 303.346.6001 | Toll free: 800.380.1138 | http://www.lexisnexis.com/risk/ October 14, 2015 Via Electronic Mail Tim Howard, Finance Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: City of Boynton Beach Ï Fire Rescue Services Assessment Program: Continuing Services Proposal Dear Mr. Howard, As you know, Government Services Group, Inc. (GSG) originally assisted the City of Boynton Beach (City) in successfully implementing a fire rescue assessment program in 2001, and since its initial year, we have assisted in the maintenance of the annual assessment program on behalf of the City. However, when the assessment program was initiated in 2001-02, the City made the decision to ÑsunsetÒ the assessment program effective Fiscal Year 2008-09. Therefore, in order for the City to continue to use the annual recurring revenue source, it was required to implement a new fire rescue assessment program for Fiscal Year 2008-09. GSG is pleased to have assisted the City in developing and successfully implementing this recurring revenue source in Fiscal Year 2008-09 and has continued to assist in the maintenance of the annual assessment program. As such, we believe that the City would benefit from a continuation of our services. In order to continue this relationship and the achievements realized thus far, attached as Appendix A is our proposed scope of services, fees, project deliverables and payment schedule to assist the City in the annual maintenance of the fire rescue assessment program for Fiscal Year 2016-17. We recognize the extremely difficult financial situation facing local governments at this time; therefore, we have decided not to increase our fees for professional services again this year for existing clients even though our costs to provide these services, like yours, have continued to increase. Please review the attached scope of services and upon review and satisfactory determination, please sign where indicated on Appendix A to acknowledge acceptance of the scope of services and to serve as proper notice to proceed. Upon execution, please provide us with a signed copy for our files. CORPORATE HEADQUARTERS: 1500 Mahan Drive, Suite 250, Tallahassee, Florida 32308 | T 850-681-3717 | F 850-224-7206 LONGWOOD OFFICE: 280 Wekiva Springs Road, Protegrity Plaza, Suite 2070, Longwood, Florida 32779 | T 407-629-6900 | F 407-629-6963 October 14, 2015 Page 2 If you have any questions, please do not hesitate to contact me. We look forward to working with the City of Boynton Beach again this year. Sincerely, Sandi Melgarejo Project Coordinator cc: Lori LaVerriere, City Manager Mike Cirullo, Esq. Appendix A CITY OF BOYNTON BEACH FIRE RESCUE ASSESSMENT PROGRAM ANNUAL MAINTENANCE FISCAL YEAR 2016-17 Scope of Services MAINTENANCE OF FIRE SERVICES ASSESSMENT PROGRAM Task 1: Base Retainer Services for Current Fiscal Year Assessment Program Upon notice to proceed, GSG will be retained to administer the current fiscal year assessment program and maintain the assessment roll database. Such retainer services will include GSGÔs availability to respond to requests for information or assistance from City staff regarding all aspects of the current assessment program. In addition, GSG will prepare the critical events schedule for the upcoming fiscal year to ensure adherence to statutory deadlines and will maintain the current fiscal year database in a manner that ensures data availability to specific requests. Task 2: Update the Preliminary Assessment Roll GSG will import updated Property Appraiser data to construct the preliminary annual assessment roll for the assessment program. Corrections from the City will be applied to the updated data. GSG will then create the assessment roll by programmatically applying the business rules to the data and extending the rates to the affected tax parcels according to the methodology. Task 3: Pro-Forma Rate Scenarios As requested by the City, GSG will provide rate-scenarios to assist in budget analyses and assessment program planning. Task 4: Final Rates GSG will calculate/confirm the proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2016-17 assessment program. Task 5: Preliminary and Annual Assessment Resolutions GSG will advise and assist the CityÔs legal counsel in drafting the implementing assessment resolutions that conform to the existing fire rescue assessment ordinance and the CityÔs policy decisions. Task 6: Implementation Advise and assist with the requirements for the adoption of the annual assessment rate resolution and certification of the assessment roll in accordance with Section 197.3632, Florida Statutes, including: (a) Produce Notice Roll and Data Exports After verification of final rates for the assessment program, GSG will create the notice roll by applying the rates to the assessment roll. GSG will then produce the data exports needed for the production of TRIM notices. Data exports for TRIM notices will be transmitted as necessary to the Property AppraiserÔs office, per their specifications. (b) Development and Distribution of First Class Notice Assist the City in developing the first class notice and its distribution to any affected property owners. Task 7: Create Final Assessment Roll GSG will update the assessment roll with any corrections and updates received from the City. Final rates will be verified and extended to the updated data in order to create the final assessment roll. The final roll will be provided to the City. Task 8: Certify, Export and Transmit the Final Assessment Roll in Conformance with Uniform Method Using the final assessment roll, GSG will prepare export files on compatible electronic medium capable of merger with the ad valorem tax roll files and will transmit the file to the Tax Collector in the prescribed format. Government Services Group, Inc. | A-1 FEES AND COSTS For the professional services and specialized assistance described in the proposed Scope of Services, GSGÔs fee for professional services will be $17,500. Except as noted below, the fee includes reimbursement for all out-of-pocket expenses. The fee for professional services does not include any on-site visits by GSG staff to the City. Any on-site meetings may be arranged at our standard hourly rates provided below. All expenses related to on-site meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. Chief Executive Officer .............................................................................. $225 Senior Vice President ................................................................................ $175 Vice President ............................................................................................ $160 Senior Project Manager/Consultant/Project Coordinator ...................... $160 Consultant/Database Analyst/Technical Services .................................. $130 Administrative Support .............................................................................. $ 50 The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.35 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase prior to mailing (currently $0.49), the additional postage per notice will be charged. The City is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The City is also responsible for any costs incurred to obtain information from the property appraiser or other public official that is necessary for the assessment program. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, GSG would be available, on an hourly basis, to assist the City in its defense. Government Services Group, Inc. | A-2 PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable, based on the following schedule and assuming that notice to proceed is received in December 2015. If notice to proceed occurs after this date, the payment schedule will be condensed over the anticipated number of months remaining to complete the project. Schedule Payment March 2016 25% of professional fee -- $4,375 May 2016 25% of professional fee -- $4,375 July 2016 25% of professional fee -- $4,375 September 2016 25% of professional fee -- $4,375 DELIVERABLES SCHEDULE Deliverable Schedule Notice to Proceed December 2015 Ongoing Retainer Services As Needed Calculate Rates March - May 2016 Develop Preliminary Assessment Roll May - June 2016 Preliminary Rate Resolution June 2016 Prepare Assessment Roll June - July 2016 TRIM/First Class Notices July - August 2016 Published Notice July - August 2016 Annual Rate Resolution August-September 2016 Certify Fiscal Year 2015-16 Assessment Roll by September 15, 2016 ACCEPTED AND AGREED TO APPENDIX A By:_________________________________ ______________ City of Boynton Beach Date Government Services Group, Inc. | A-3 HOURS AND FEES MATRIX Task Total Hours Total Fees Task 1 - Base Retainer Services for Current Fiscal Year Assessment Program Senior Vice President 4 $640 Senior Project Manager/Consultant/Project Coordinator 18 $2,880 Consultant/Database Analyst/Technical Services 8 $1,280 Task 1 Total 30 $4,800 Task 2 - Update Preliminary Assessment Roll Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager/Consultant/Project Coordinator 4 $640 Consultant/Database Analyst/Technical Services 32 $5,120 Administrative Support 0 $0 Task 2 Totals 36 $5,760 Task 3 Ï Pro-Forma Rate Scenarios Senior Project Manager/Consultant/Project Coordinator 4 $640 Consultant/Database Analyst/Technical Services 4 $640 Task 3 Total 8 $1,280 Task 4 - Final Rates Senior Project Manager/Consultant/Project Coordinator 4 $640 Consultant/Database Analyst/Technical Services 2 $320 Task 4 Totals 6 $960 Task 5 - Preliminary and Annual Assessment Resolutions Senior Project Manager/Consultant/Project Coordinator 4 $640 Consultant/Database Analyst/Technical Services 0 $0 Task 5 Totals 4 $640 Task 6 Ï Implementation Senior Project Manager/Consultant/Project Coordinator 4 $640 Consultant/Database Analyst/Technical Services 8 $1,280 Task 6 Totals 12 $1,920 Task 7 - Create Final Assessment Roll Senior Project Manager/Consultant/Project Coordinator 2 $320 Consultant/Database Analyst/Technical Services 6 $960 Task 7 Totals 8 $1,280 Task 8 - Certify, Export and Transmit the Final Assessment Roll in Conformance with Uniform Method Consultant/Database Analyst/Technical Services 4 $640 Task 8 Total 4 $640 Total Professional Fees 108 $17,280 Expenses $220 Grand Total $17,500 Government Services Group, Inc. | A-4 Appendix B CITY OF BOYNTON BEACH ADDITIONAL SERVICES Additional Services ON-SITE VISITS Any on-site meetings may be arranged at our standard hourly rates provided in Appendix A. All expenses related to on-site meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. GSGÔs estimated fee for professional services and travel related expenses for one (1) on-site visit to the City is $1,500. MAILING OF FIRST CLASS NOTICES In previous years, the City was required to use the Truth-in-Millage (TRIM) notice to provide notice of special assessments pursuant to a special act that pertained to Palm Beach County. The amendment to this special act provides that use of the TRIM notice satisfies the mailed notice requirement of section 197.3632, Florida Statutes unless the assessment is levied for the first time, the boundaries change, the purpose changes or the rate exceeds the maximum rate. Because of this amendment and based on prior discussions with the Palm Beach County Property AppraiserÔs office, it was recommended that the City provide additional first class mailed notice to property owners regarding the proposed fire special assessment in past years. Should the City be required to mail first class notices to affected property owners for FY 2016-17, GSG will assist the City as follows: Assist the City in developing the first class notice; Merging the pertinent assessment roll information into the notices; Print and prepare the notices to be mailed; and Mail the notices by first class mail. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area. GSGÔs fee for this service is $1.35 per mailed first class notice, which includes all out-of-pocket expenses such as postage, envelopes, copy charges, etc. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase prior to mailing (currently $0.49), the additional postage per notice will be charged. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. Government Services Group, Inc. | B-1 NO RATE INCREASE Should the City not increase the fire assessment rates for FY 2016-17, first class notices will only need to be mailed to newly affected property owners. Based on FY 2015-16 information, the amount of new parcels that would need to be noticed would be in the 100 to 250 range. GSGÔs fee for mailing 250 first class notices would be approximately $338. RATE INCREASE Should the City increase the fire assessment rates for FY 2016-17 above the maximum rates noticed in August 2014, the City would be required to re-notice all property owners. Based on the FY 2015-16 fire assessment roll, the City would be required to mail approximately 31,800 first class notices. GSGÔs fee for mailing 31,800 first class notices would be approximately $42,930. ACCEPTED AND AGREED TO APPENDIX B By:_________________________________ ______________ City of Boynton Beach Date Government Services Group, Inc. | B-2 City of Boynton Beach Self-Evaluation and Transition Plan TABLE OF CONTENTS Page Cover Sheet......................................................................................................................1 Table of Contents............................................................................................................2 1. Executive Summary....................................................................................................4 2. Legislative Mandate....................................................................................................4 3. Self-Evaluation............................................................................................................5 4. Policies and Procedures Evaluation..........................................................................7 5. Programs, Services and Activities Evaluation..........................................................10 City Clerk Division.............................................................................................11 IT/GISDivision...................................................................................................12 Public Arts Administrator.................................................................................13 Communications Division..................................................................................13 Library Director Department............................................................................14 Recreation and Parks Department....................................................................14 Golf.......................................................................................................................15 Development........................................................................................................15 Building Planning & Zoning Division...............................................................15 Public Safety........................................................................................................16 Police Department...............................................................................................17 Utility Services Division......................................................................................17 6. General Summary of Findings and Actions Recommended...................................17 7. ADA Transition Plan..................................................................................................20 2 City of Boynton Beach Self-Evaluation and Transition Plan List of Appendices Appendix AReviewed: G2 A PPM Americans with Disabilities Act (ADA) Policy Appendix BReviewed: Inclusion Policy (DAM)/ Inclusion Policy Form Appendix CReviewed: Funfare Equal Access/Funfare Registration Appendix DReviewed: Notice of the ADA Appendix EReviewed: Policy Regarding Service Animals Appendix FReviewed: Memorandum for Disabled Parking Appendix GReviewed: Chapter 3 Addendum: Title II Checklist Appendix HReviewed: Program Accessibility Questionnaire Appendix INew:Polices & Procedureswith Employee Accommodation Form Appendix JNew: ADA Notice Appendix KNew: Reasonable ModificationRequest Form & Log Appendix LNew: Grievance Policy, Form and Investigation Appendix MNew: Service Animal Policy Appendix NNew: Vendor Toolkit Appendix ONew: Auxiliary Aids and Services Poster 3 City of Boynton Beach Self-Evaluation and Transition Plan Self-Evaluation 1. Executive Summary Based on its commitment to make its programs and services accessible to persons with disabilities, the City of Boynton Beach has taken the steps to conduct a self-evaluation and prepare an ADA transition plan. The federal regulations require government agencies to review their programs, services and activities to ensure compliance. The goalis to ensure the City of Boynton Beachs(City) programs, services and activities, and policies and procedures comply with the requirements ofTitle II of theAmericanswith Disabilities Act, 28 C.F.R. Part 35. Title II of the ADA has a general requirement of non-discrimination on the basis of disability. To achieve its goal of furthering accessibility, the City is taking a two fold approach, assessing policies and procedures and programs, services and activities conducted by the City and assessing the facilities where such services area offered. The result of the assessment is specific non-structural (programmatic steps) and structural modifications to facilities. Thisscope of this assessment is limited to the non-structural modifications that imply primarily changes to policies and procedures means and methods to offer the programs services and activities. The Citys policies and procedures, and programs, services and activities, administered by the Divisions and Departments were assessed for compliance following the guidance provided by the Department of Justice ADA Toolkit for State and Local Governments of Title II of the ADA. The self-evaluation highlights potential deficiencies and areas to be improved based on the checklist. The areas included under the scope of the evaluation are: 1. City of Boynton Beach General Policies and Procedures 2. City of Boynton Beach Divisions & Departments -Programs, Services and Activities During the transition plan development, proposals and alternatives for the improvement are analyzed, selected, drafted, prioritized designating an official responsible, and establishing a schedule for compliance. The different steps of the process are to create an inventory of programs and services administered by the divisions and departments, evaluate the programs and services through a questionnaire, have meetings and interviews, to discuss the findings, issue comments, develop drafts, submit for review, finalize the DRAFT, submit for public comment and then incorporate comments into Final version. 2. Legislative Mandate The City of Boynton Beach, as a Title II agency is subject to the regulatory framework of Title II of the ADA section 35.105 that requires the following: Conducting a self-evaluation of services,policies and practices, for compliance with requirements ofthis part. 4 City of Boynton Beach Self-Evaluation and Transition Plan Providing opportunity to interested persons including individuals with disabilities or organizations representing individuals with disabilities to participate in the self- evaluation process by submitting comments If the agency has complied with the self-evaluation requirement implementing section 504, the requirements only apply to the policies not included in previous self-evaluation. If the public agency has more than 50 employees it must maintain the evaluation available to the public for a period of 3 years: 1.The persons consulted 2.Description of the areas examined and problems identified 3.Description of modifications made It must be noted that the City is not required to take actions that result in a fundamental alteration in the nature of a service, program or activity or in an undue financial and administrative burden. However, this decision must be made by the head of the public agency after considering resources available for funding and it must be accompanied by a written statement indicating reasons for such conclusion. The City may offer alternative means such as redesign of equipment, reassignment of services, assignment of aides, home, visits, delivery of services, alterations of existing facilities and construction of new facilities, or other methods that result in making the services, programs or activities accessible to persons with disabilities.Priority should be given to methods that offer programs, services and activities in the most integrated settings appropriate. The Americans with Disabilities Act, 28 C.F.R. Part 35, Subpart E –Communication, 35.160 General has a requirement forpublic entities to ensure effective communication with applicants, participants and members of the public. 3. Self-Evaluation The Cityhas already taken the following stepsto comply with Title II: The City has drafted a notice to comply with the ADA The City has designated an ADA Coordinator The City has drafted an ADA GrievanceProcedure with its corresponding Form There is anInclusion Policy Form that is primarily used by the Parks & Recreation Department. Some documents and postings include thenotice that accommodationsare available upon request The Departments offer materials in alternative formats such as large prints and Braille that are available upon requestand some of it is done throughWestPalm Beach. The Cityhas established a relationwith Palm Beach County for Library and Emergency Services Need to implement/enforce language in Citys contract with third party vendors stating that vendors must comply with ADA requirements. The Cityhas established a committee, the ADA Steering Committeethat only includes City Staff. 5 City of Boynton Beach Self-Evaluation and Transition Plan The Cityprovides Telecommunication Devices for the Deaf (TDD)/Teletypewriter (TTY) (referred to in this document as TTY) service and also utilizes the State Relay system at 711and 1 (800) 955-8771 The Cityhas conducted an evaluation of facilities and is implementing accessibility improvements to the facilities There is a project to implement changes on theCitys website to meet accessibility guidelines The City has assessed their facilities for compliance and prepared as part of the transition plan a schedule of improvements to remove architectural barriers from the facilities The Citys goal is tocreatean inventory and assessment of the public rights-of- way The Cityhas issued the following Policies and Procedures, and Forms: G2 A Personal Policy Manual (PPM)Americans with Disabilities Act (ADA) Policy Inclusion Policy (DAM)/Inclusion Policy Form Funfare Equal Access/Funfare Registration Notice of the ADA Grievance Procedure ADA Policy Regarding Service Animals Memorandum for Disabled Parking Policesand procedures are evaluatedin the Policy and Procedure evaluation sectionof this document.Some Divisions aretakingsteps to achieve effective communication. The IT/GIS Department is issuing a RFP for services to redesign theCitys website following section 508 standards for accessible websites. The steps implemented in the Divisions are addressed in the corresponding Programs,Services, and Activities Evaluation. To ensure achieving effective communication per section 35.160(a) thenotices, postings, publications and the website include the language cited below. The Citys website,inthe ADA Assistance section, which contains the Americans with Disabilities Act Request for Accommodation form, indicates the following: The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerks office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. To comply with the requirements of Section 35.160(b) (1)to provide auxiliary aids and services; the Cityoffers auxiliary aids and service based onrequest but only the Parks & Recreation Department utilizesthe Inclusion Policy Form, and other Departments utilize the text listed above.The Cityhas not established general policies and procedures regarding providing auxiliary aids and services, reasonable accommodation request that all divisions and departments followand the City has not made arrangements with vendors to provide auxiliary aids and services.Pre-established procedurescan facilitate providing auxiliary aids and services as requested byqualified peoplewith disabilities to fully participate in activities, programs, benefits or services.The City of Boynton Beach 6 City of Boynton Beach Self-Evaluation and Transition Plan divisions and departments do not have their ownpolicies and proceduresbut rather follow the general City policies.There is an Inclusion Policy Form that can be used to request auxiliary aids and services (please refer to attachmentAccommodation Request Form). In the Personnel Policy Manual City of Boynton Beach Section 08 ADA Policy (G2 A PPM-ADA Policy), in compliance with section 35.107, the Cityhas designated Debbie Majors as the ADA Coordinator. The ADA Coordinators information is not currently posted in the Citys website. Because theCitycommunicates with applicants and beneficiaries utilizing the phone, it is required per section 35.161to provide applicants and beneficiaries with TTYor equally effective telecommunication systems. The Cityprovides TTY services using the State Relay Service 711 and it should posts the caption Hearing or voice impaired, call 1- 800-955-8771, or for TTY 1-800-955-8771.on notifications. To comply with the requirements of section 35.163(a), the Cityoffersmaterials in alternative formats that can be made available uponrequest. The Cityhas not contracted with the vendors listed previouslyto offer the services of providing alternative formats. The list of resources should beposted on the Citys website.One of the main channels for making information available should bethrough the Citys website that will be formatted following accessibility guidelines established by section 508. Please refer to the Information Technology Division evaluation. The Cityneeds to continue taking steps such as setting policies and proceduresto request accommodations, posting notices that indicate that auxiliary aids and services and alternative formats are available upon request,establishing a pool of resources available that can provide said formats and services, and improving the steps for website accessibility. Allthese steps are part of its obligation toprovide equallyeffective communication. The evaluation that follows identifies findings where the Citycan take actions such as training, rephrasing policies, implementing new policies and procedures. The findings and actions are based on the response to the questionnaires.The Transition plan sets the framework for improvements on the roadmap to further accessibility.The policies and procedures with comments are included in the appendices as Reviewed. The new policies and procedures proposed are also included in the appendices as New. 4. Policies and ProceduresEvaluation To comply with section 36.160 of the ADA the Cityhas implemented policies at theCity level to whichDivisions, Departmentsand personnel must adhere. The CityPolicies and Procedures submittedwerethe following: G2 A PPM Personnel Policy Manual City of Boynton BeachSection 08 Americans with Disabilities Act (ADA) Policy Inclusion Policy (DAM) Inclusion Policy Form Funfare Equal Access/Funfare Registration Notice of the ADA Grievance Procedure ADA Policy Regarding Service Animals Memorandum for Disabled Parking 7 City of Boynton Beach Self-Evaluation and Transition Plan G2 A PPM -Personnel Policy Manual City of Boynton BeachSection 08.Americans with Disabilities Act (ADA) Policy Finding PP001: The policy addresses employment but does not address an overall policy to comply with ADA in program services and activities, effective communication, contractual obligations, etc. Action: Prepare model policies that clearly define a general prohibition against discrimination on the basis of disability, so that individuals with disabilities can participate in and benefit fromservices, programs, or activities offered by the City.The policy should include the notice to comply with the ADA, designate ADA Coordinator, request for accommodations/grievanceprocedure,post notice on all publicationsfor requesting auxiliary aids and services,procedures for effective communication, service animal policy, post accessible resource information on website, such as information about accessible facilities and accessibility at facilities, programs and services. Please refer to City of Boynton Beach Americans with Disabilities Act Policies and Procedures. Implement training during hiring and at least once a year. Recreation & Parks Department Administrative Manual (DAM)Policy # 06-13 Subject: Inclusion Findings:The Inclusion Policy is a first step towards accommodating persons with disabilities. PP001.The Inclusion Policy is specific to the Recreation and Parks Department as part of its Department Administrative Manual (DAM) and is not shared by other departments. PP002. The Policy does not outline a time frame for notifications to the requestor. PP003.The Policy does not offer an opportunity to the individual with disability to appeal the decision reached by the Recreation Parks Directornot head of the agency. PP004.The Policy does not define that alternatives shouldprioritizethe most integrated settings appropriate to the needs of the individual.City is not required to take actions that result in a fundamental alteration in the nature of the program or service or that result ina financial and administrative burden. Actions: Prepare model policies that clearly define aprocedure torequest for accommodations/auxiliary aids and services and grievance procedure. Please refer to City of Boynton Beach Americans with Disabilities Act Policies and ProceduresSection10. Implement training during hiring and at least once a year. Inclusion Policy Form/Inclusion Modification Cost Worksheet/Inclusion Evaluation Form Findings: The Inclusion Policy Form is a first step towards accommodating persons with disabilities. 8 City of Boynton Beach Self-Evaluation and Transition Plan PP001.The inclusion policy formis not shared by other departments so an alternative method and form to accommodate persons with disabilities should be established. PP002.The question sin the Inclusion Policy Form inquire about the disability, but do not inquire on what measures are recommended/needed to be taken to accommodate thedisability. It is recommended focusing on the abilities to participate and the accommodations necessary to participate, rather than the disability. PP003.The Inclusion Modification Worksheet does not includean area to define if the action represents afundamental alteration of the nature of the program or an undue financial and administrative burden. PP004.The Inclusion Evaluation Form does not have an area to include feedback/suggestions from staff/participant. Actions: Prepare a reasonable accommodation policy and form that serves all departments and divisions. Establish a registry of vendors to provide said accommodations. Maintain a log of request made(please refer to AttachmentCity of Boynton Beach Accommodation Request Log). Funfare Equal Access Findings: The text for Equal Access does not contain the TTY number and does not mention that other aids area available at beaches and pool facilities. Actions: It is recommended to include text including the TTY number and describing that aids such as beach wheelchairs are offered and pool lifts are offered at the beaches and pool facilities. Please refer toCity of Boynton Beach Americans with Disabilities Act Policies and ProceduresSection 10. Funfare Registration Findings: PP01.The Form does list offer types of accommodations that are available. Actions: Prepare an accommodation policy for all departments. Please refer to City of Boynton Beach Americans with Disabilities Act Policies and Procedures Section 10and the Accommodation Request Form. Grievance Procedure ADA Finding: The form does not include the TTY to number to reach the ADA coordinator. Action: When providing the ADA Coordinator information it is recommended including the TTY number for comparable access to persons with speech impairments. Post information on website 9 City of Boynton Beach Self-Evaluation and Transition Plan Policy Regarding Service Animals Findings: The Policy regarding service animal is good. No changes required. Notice to Comply with ADA Finding: The form doesnotinclude the TTY to number to reach the ADA coordinator. Action: When providing the ADA Coordinator information it is recommended including the TTY numberfor comparable access to persons with speech impairments. Post information on website ADA Coordinator Finding: The form does not include the TTY to number to reach the ADA coordinator. Action: When providing the ADA Coordinator information it is recommended including the TTY number for comparable access to persons with speech impairments. Post information on website Grievance Form Findings: The document does not gather information regarding the date the alleged incident occurred. The document states that response will be within 15 days. The grievance form does not provide an option to appeal. The form does not make reference that the City need not take actions that represent anundue financial and administrative burden. The grievance procedure should establish timeframes to respond to beneficiary. Establish timeframe like grievance procedure. Please allow us 15 days maximum to respond to your complaint and an additional 15 days to investigate. Please refer back to the City of Boynton Beach Grievance Procedure under the Americans with Disabilities Act for additional information Actions: See attachedsample Grievance Procedure form. 5. Programs, Services and Activities Evaluation The followingis a brief description of theprograms, services, activities and functions of the divisions and departments, findings based on the response to the questionnaires and potential actions that can be implemented to improveaccessibility.Theinventory was created based on information provided by theADA Coordinator, the Citys website, meetings and interviews with the Division,Directors and Department heads.The findings 10 City of Boynton Beach Self-Evaluation and Transition Plan are based on response to the Requirements of Title II of the ADA Questionnaire and the Program Accessibility Questionnaire. It must be noted that the Citydoes not have policies and proceduresaddressing accessibility compliance in programs and services, for providing auxiliary aids and alternative formats, or reasonable accommodation request. SomeDepartments did not make reference to the Citypolicy. This is an issue that was prevalent for various divisions and departments. The general action recommended is to develop policies and provide training to reinforce the Citypolicies on all divisions and department. City ClerkDivision The services provided by the City Clerk Department are the following: Preparing for Commission meetings, providing meeting minutes, public record request, establishing participation from the community in public meetings. The agendas contain the following caption: The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with adisability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerks office, (561) 742-6060, at least twenty-four (24) hours prior to the program or activity inorder for the City to reasonably accommodate your request. This may not allow accommodating reasonable modifications. Findings: TheCommission meeting minutes are provided as a word document, there is also an audioand video provided in the website and in City of Boynton Beach Television (referred to in this document as CBBTV). There is a time limit for participation from the public in commission meetings. There is a computer available for sign-in and/or document request that only has the accessibilityfeatures that come with the operating system. Actions: Provide clipboards for note taking for simple communications. Prepare contract with vendors to maintain assistive listening devices, facilitate auxiliaryaids and services (Communication Access Realtime Translation (CART), qualified interpreters, American Sign Language(ASL), Video Remote Interpreting(VRI) during commission meetings, and alternative formats (disk, Hyper Text Markup language (HTML),Portable Document Format (PDF), Word) for commission meeting minutes, ensure that videos prepared can provide captions, and that transcripts are available in multiple formats and with enlarged fonts when requested. Provide flexibility for members of the public with disabilities allowing additional time during commission meetings. Maintain at least one portable computer/tablet with accessible software Revise language to allow for longer time to make accommodations, include TTY number 11 City of Boynton Beach Self-Evaluation and Transition Plan IT/GIS The services provided by the IT/GIS Department are the following: 1. Intranet / Internet web services 2. Televised programming onPEG/TV channel 3. Technology Liaison to other City of Boynton Beach departments Findings: The website does not include information on all accessible features, The images in the website do not contain Alt tags. Alternative text provides a textual alternative to non-text content in web pages. Documents in the website are PDF files but are not available in HTML. Scanning a document into a PDF creates a so-called PDF image only file that is essentially agraphic representation of the document and, like a photograph with no associated text, is generally unreadable by screen reader technology. The main content is not usually the first item on the web pages. Keyboard and screen reader users mustnavigate a long list of navigation links, sub-lists of links, corporate icons, site searches, and other elements before ever arriving at the main content. The materials prepared for other departments by the IT/GIS do not have accessibility features such as captions. There are City post recording that do not have transcripts available. The website does not have a statement of compliance with accessibility guidelines and referring to use of alternative formats such asAdobe, PDF, etc. It is not clear if the televised presentations contain captioning. This relies on third party Comcast. When phone blasts but it is not clear of alternative methods such as text are available. The response to the questionnaire indicates that the employees are not trained in operating or receiving calls from customers utilizing TTY and relay service. Actions: Design the website following section 508 guidelines for accessible websites. Post information regarding accessibility. Prepare downloadable materials in alternative formats. Provide a link at the top of the page which jumps the user down to an anchor or target at the beginning of the main content. Publish documents in PDF, HTML and Word formats The City in the process of issuing an RFP for the design of the website to make it accessible.The current bid for accessibility enhancements for the website is expected to address these issues. When phone blasts for emergency communications are provided be sure to caption prefer methods of receiving information so alternativemethods such as text are offered. Verify that third party offers said features. Complement current training when hiring, and at least once a year addressing how to communicate effectively with customers with disabilities. 12 City of Boynton Beach Self-Evaluation and Transition Plan Public Arts Administrator The services provided by the Arts Department are the following: Providing a cultural environment by coordinatingart exhibits in City facilities, International Art Exhibit and Kinetic Art Exhibit, kinetic videos, avenue of the arts, theBoynton Beach Arts District. Findings: The Department offers walking, self-guided and bus tours through vendors and some of the transportation might not be accessible, and/or the communication might not offer alternative methods to communicate or auxiliary aids and services. Actions: The Department must verifythird party vendors provideaccessible transportation for tours, theuse of auxiliary aids and services to ensure effective communication and equal enjoyment of the cultural displayswhen requested. Consider the use ofa portable computer/tablet with accessible software for providing videos, with captions and descriptions of guided/narrated tours and art displays. CommunicationsDivision Description: The services provided by the Communications Department are the following: Disseminates all public information Main point of contact for media; primary spokesperson PIO of Emergency Operation Center (EOC) Writes/designs content for website, public TV channel, speeches, presentations, reports, letter, agenda items, budget, press releases, etc. Manages social media Oversees website Directs operations of City of Boynton Beach Television (CBBTV)(public broadcasting on ComCast Channel only) Promotes tourism and economic development Findings: The Department prepares content for website, public TV channel, presentations, press releases and manages social media and the information should be available in alternative formats when requested The department does not prepare social media videos with captions The public TV does not offer captions and relies on third party for availability of captions The department oversees website, but the website content is not accessible. The response to the questionnaire indicates that the employees are not trained in operating or receiving calls from customers utilizing TTY and relay service. Some of the documents may not have the note to provide accommodations and/or the language is not consistent and does not allow for providing said accommodations 13 City of Boynton Beach Self-Evaluation and Transition Plan Actions: The City will be redeveloping the website. Provide trainingto staff on how to receive TTYand videorelay calls. Complement current training when hiring, and at least once a year addressing how to communicate effectively with customers with disabilities. Rephrase the standard language and post standard language for requesting accommodations onpublications, documents and website. Library Director Department The services provided by the Library Department are the following: Research, educational programs, quiet study, lending library resources. The library offers assistive equipment and technology such as a text enlarger machine, and a library catalogue with voice, E-readers(visual aids and auditory aids). Findings: The library host event such as storytime. These events should offerauxiliary aids and services such asAmerican Sign Languageinterpreters(ASL), Communication Access Realtime Translation(CART), etc. There are computer terminals for use but no computer with accessible software has been provided. Actions: Contact vendors to offer alternatives. Consider purchasing Job Access With Speech (JAWS)software for one laptop computer/tabletto allow access tocomputer terminals Recreation & ParksDepartment The services provided by the Recreation & Parks Department are the following: (Fullclass description on Funfare magazine). The City provides accommodations so persons with disabilities can participate in the programs and services offered by the Department. Youth & adult programs Beach & Park activities Summer camps Special events Community pool classes Tennis Center programs After school programs Findings: The Recreation and Parks DepartmentAdministration Manual (DAM)Policy #06-13contains the inclusion policy that establishes a procedure for offering reasonable modifications. Please refer to the comments issued for the policy. Third party vendors offer classes and coaching but are potentially not aware of reasonable accommodations. 14 City of Boynton Beach Self-Evaluation and Transition Plan There are parks that provide beach access and potentially there can be demand for beach wheelchairs. Actions: Consider incorporating an appeal process to provide solutions in the most integrated settings appropriateto the individual.The form should encourage disclosing special needs which require accommodation to enjoy program Prepare a toolkit for third party vendors to guide in providing reasonable accommodations and effective communications. Revise Inclusion Policy and Inclusion Form to align with City accommodation policy and reasonable accommodation form (See Accommodation Request Form Sample) Providing training hiring and annually to all part time/full time /volunteersand establish hiring preference for applicants that have experience working with persons with disabilities. Consider purchasing beach access wheelchair for beach parks Golf The Golf Divisionoffers a complete golf facility with tee times, practice area with driving range, free putting and chipping /bunker greens, instructors available, tournaments, and pro shop. Findings: Reservations can be made via telephone, on-line, email or at the site. The staff has previously accommodated persons with speech impairments and received relay calls. The facility provides an accessible golf carts. Actions: Include the TTY number for reservations Ensure that instructors are able to achieve effective communication with participants Verify that accessible cart satisfies demand Development The services provided by the Development Department are the following: 1.Building Permits 2.Planning & Zoning approvals 3.Business Tax Receipt and Certificate of use & occupancy 4.Community Improvement Building Planning & Zoning The services provided by the Building Planning & Zoning Department are the following: The Department handles Community Block Development Grants form low income housing, economic development, historic preservation, building permits, approval, building inspection request. 15 City of Boynton Beach Self-Evaluation and Transition Plan Findings: The Department handles calls and electronic submittals from applicants and it currently does not offer alternative formats The language in the forms can be difficult for applicants to complete and/or there is no policy in assisting applicant to complete forms. The Department enters into business with vendors and contractors and issues RFPs for bids so it must ensure that contractors and vendors comply with the ADA. The plan review Department must ensure that all projectseither permanent or temporary events comply with the ADA, under alterations, new construction, and temporary events. This can be achieved through plan review and on-site physical inspectionof on-going construction and facilities. Actions: Provide assistance in completing forms, provide auxiliary aids and services and forms in alternative formats.Verify that participants in waiting list receive priority for accessible dwelling unitsandcomply with ADA and FHA practices. Ensure that all contract with vendors and contractors havelanguage for contractors to complywith the ADA. It is recommended that the accessibility compliance reviewer and the building inspector become certified by the International Code Council as Accessibility Inspector/Plans Examiner. Public Safety Fire and Life Safety Emergency Management The services provided by the Emergency Management Department are the following: Oversight, Overview and coordination of City Emergency Services, pre, during and post disaster operations. Coordination between city departments to ensure continuity of service to the city and the residents Findings: The Emergency Management does not provide services for persons with disabilities because there is insufficient staff to accommodate request. Request and registry for persons with disabilities is handled by Palm Beach County Emergency Management (PBCEM). Documents for emergency are not accessible or in alternative formats. Notify the public viaradio or TV but it may not be accessible to public. BB EM/EOC does not have TRS capacity. Actions: Train Fire/Police/Emergency Management Personnel on how to accommodate and communicate with persons with disabilities and increase the relation with to assist with registry for persons with disabilities. Prepare emergency documents in alternative formats Provide captions, auxiliary aids and services, CART, ASL and alternative forms of communicating with the publicfor emergency notifications Achieve TRS capacity through 711 or alternative means 16 City of Boynton Beach Self-Evaluation and Transition Plan PoliceDepartment The services provided by the Police Department are the following: 1. General protection of life and property 2. Response to emergencies 3. Education and collaboration to promote safety 4. Preventive patrol Findings: The Department holdspublic information meetings and auxiliary aids and services, Communication Access Realtime Translation (CART), American Sign Language (ASL)and alternative forms of communicating with the public may not be available TTYnot offered at police station Actions: Provide reasonable accommodation to achieve effective communication(i.e. Communication Access Realtime Translation (CART), sign language interpreters, etc.) Provide portable TTY at police stationand or utilize the State relay system UtilityServices Division The services provided by the Utility Department are the following: Providing potable water, wastewater collection, stormwater and re-use to members of the public within the utility service area. Findings: Theresponse to the questionnaire indicates that documents are not available in alternative formats to persons with visual disabilities The response to the questionnaire indicates that staff is not familiar with responding TRS calls. Actions: Prepare materials in alternative formats(electronic formats, PDF, Word, HTML, large fonts, Braille). Train staff upon hiring and at least once a year on how to receive relay calls 6.General Summary of Findings and Actions Recommended 1. The City must post notice to comply with ADA post ADA Coordinator information, specific ADA information such as resources, website compliance and accessible programs and services offered, draft policies and procedures pertaining to ADA complaint procedureand for contracts, third partyvendors,contract with vendors to provide auxiliary aids and services, and effective communication. 2.The Cityshould provide staff training upon hiring and at least once a year in ADA compliance, addressing items such as requirements of Title II, communicating effectively with persons with disabilities depending on the nature and length of the conversation , in how to receive calls fromTelecommunications Device for the Deaf/Tele Type Writer 17 City of Boynton Beach Self-Evaluation and Transition Plan (TDD/TTY),relay calls, how to provide auxiliary aids and services, clarify that no surcharge for accommodations is required, clarify that it is not right to request a family member to interpret, unless the person specifically request it, that it is necessary to give primary consideration to the request by person with disability, and it is advisable to include disability etiquette to assist in communicating effectively. 3. When providing the notice to request accommodation or alternative formats, indicating that persons may use the 711 number, it is the best practice to include the agency/ department/ person that needs to be contacted (ADA Coordinator). By doing so the person will not know what Division/Department needs to be contacted to request the accommodation. Implement a policy that when the Cityprints documents such as brochures, general polices and procedures, it creates downloadable electronic formats, audiotapes, materials in larger fonts, and Braille, videos with captions, audible tours/podcast and/or it offers guided tours. It must be noted that preparing materials in Braille can require longer than 5 days and the notice should reflect this or take it into consideration. 4. It is necessary to revise language in polices and procedures, in accommodation request form, reviewing language and reviewing procedures as noted throughout the document. Specifically, in the Reasonable Accommodation Request Formto City of Boynton Beach Americans with Disabilities Act Policies and Procedures Section 16,the language should be revised to indicate that primary consideration will be give to the requesting persons choice, unless alternative methods provide equally effective communication, the request implies a fundamental alteration of the service or program,or if it represents and undue financial and administrative burden. The decision must be made by the head of the agency. 5. Preparea toolkit for vendors so that in addition to the language that is currently included in contracts, it provides a checklist for compliance, it explains requirements of the ADA, know howto address effective communications from simple customer service face to face communicationby note taking, filling out applications, receiving TTY/relay service calls, etc.(See Attached Vendor Toolkit inattachments). 6. For emergency response and preparedness department needs to ensure that the tools currently available such as a Special Needs Registry is available if needed for services, specifically it should capture information regarding how the persons with disability would like to be contacted. Provide equally effective communications by using interpreters and captions for all emergency broadcast. Utilize auxiliary aids, interpreters, VRI, and/or tablets as necessary in triage environment and in shelters. 7. Create public outreach activities inclusive for persons with disabilities, such as emergency preparedness. Include persons with disabilities in videos and in emergency management training. Create audio recordings, and alternative formats for achieving effective communication. 8. Utilize software andcomputer laptop withaccessible technology (Job Access With Speech (JAWS), Open Book Computer Software, Duxbury Computer Software, Braille 18 City of Boynton Beach Self-Evaluation and Transition Plan Embosser, audio files, readers, tablets, etc.)that can be made available at each division/department to achieve effective communicationas necessary. 9. A comprehensive policy addressing effective communication that outlines procedures for providing auxiliary aids and services should be developed. The model policy(City of Boynton Beach Americans with Disabilities Act Policies and Procedures Section 17) should provide employees and vendors general guidance on procedures how to communicate effectively with via phone, email, meetings, published materials, materials in electronic formats, information such as avoiding surcharges, and requesting family members to provide interpreter services should be provided. 10. It must be noted that there is little to no data regarding participation of the disabled community in the programs and services and or tracking request foraccommodation. Moving forward it is best to establish public outreach to foster participation on behalf of the disabled community, promote accessible programs and services, and means and methods to provide effective communication. A log should be created to keep track of the request and forms to obtain feedback from the disabled community. 11. There is no policy to enforce accessibility compliance for temporary events. Assign plan reviewers and/orinspectors before issuing Certificate of Complianceto review submittals for compliance with the ADA. Consider that plan reviewers and/or city inspectors can obtain certification from the International Code Council as Accessibility Inspector/ Plans Examiner. 19 City of Boynton Beach Self-Evaluation and Transition Plan 7. ADA Transition Plan The following chart summarizes the action items described belowin Tasks 1 through 10. Some items have been implemented and some need to be revised. ADA Transition Plan Actions No.TaskOfficial ResponsibleTimePriorities Designate an ADA 1CoordinatorDebbie Majors1 Month1 Prepare Policies & 6 2ProceduresADA Coordinator (AC)Months1 Website/Technology Accessibility 6 3ComplianceITSMonths1 4EmploymentAC/HR1 Year1 Police & Emergency 5ManagementEM/EOC1 Year1 6Facility CompliancePW1 Year1 7Staff TrainingAC/HR1 Year2 8Acquire ResourcesAC/ITS/Comm1 Year2 ADA Committee & 3 9Public OutreachAC/CommunicationsMonths3 Creating Funding 10MechanismDM/Finance Department1 Year3 Task 1.Designate ADA Coordinator Debbie Majors has been designated as the ADA Coordinator. The nomination should be announced at an upcoming Commission Meeting and the contact information should be posted on the Citys website.The City should achieve this goal within 3 months. It is necessary to outline the duties of the ADA Coordinator. The ADA Coordinator will be responsible for: Ensuring programsand services are accessible to persons with disabilities Ensuring effective communication Investigating and resolving complaints Addressing reasonable accommodation request Managing the ADA Committee Point of contact for the ADA Transition Plan, disseminating ADA information Creating accessibility awareness between departmentsand coordinatingwith Departments as necessary to achieve compliance in programs and services Maintenance of accessible features Liaison with community member with disabilities The ADA Coordinator position requires knowledge of the ADA. As such, training is recommended. The following sources are a few that can be considered: Ada.gov Access-board.gov 20 City of Boynton Beach Self-Evaluation and Transition Plan Title II: technical Assistance Manual A Guide for Small Towns ADA Coordinator Training Certification Program http://www.adacoordinator.org/ ADA Quiz Book 4thEdition Rocky Mountain ADA Task 2. Prepare Polices and Procedures. The Policies and Procedures should be revised to include the comments stated in the Review section. The City has drafted general non-discrimination policy statement. For reference model policies are presented as a guideline for the City to follow.The model policy includes reasonable accommodation, effective communication, service animal policy, employment, vendors, etc. There are several documents that have the general statement offering auxiliary aids and services. The caption should be included in all publications/notificationsand should include TTY number. The time frame required to request said services should be consistent for all publications and should clarify that lengthy and Braille document requeststake longer. Modifications to policies and procedures to accommodate arequest Request can be made oral through personal interviews, by telephone, tape recording, letters, etc. But in general it is advised that a form be completed by staff to maintain a record of such request.The form is an ideal way to maintain a record on how to address request of persons with disabilities but is not required as a means to submit an accommodation. Ensure that eligibility criteria does not preventindividuals with disabilities prevent them from participating in the programs services or activities offered by the City, it is necessary to determine if a modification of the program would allow a person with a disability to participate in the essential functions of the program or activity. Modifications can include accommodations to the registration, to the program or the environment were the activity is offered to allow persons with disabilities equal enjoyment of the programs or activities. The accommodations should afford participation in the most integrated settings,giving priority to the request of the personand with the goal of generating participation by persons with disabilities.The city should make determination of reasonable accommodation on a case by case basis. Factors to be considered are the nature of the accommodations, the resources of the agency, the impact of the expenses will have on the City operation. The City is not required to make accommodations that would impose and undue financial and administrative burden or that fundamentally altersthe nature of the program or service. This decision can only be taken by a department head following the policy and procedure. Auxiliary Aids and Services. The City should enter into a service agreement with independent agencies that provide alternative formats such as Braille, qualified interpreters, American SignLanguage (ASL) interpreters, Video RemoteInterpreting (VRI), and Computer Assisted Real Time 21 City of Boynton Beach Self-Evaluation and Transition Plan Closed captioning (CART). Specifically the City should establish the timeframe for availability of such services, in cases of emergency it should be less than 1 hour, other events may have longer lead times. Some service providers are included for reference but it is recommended that the City seek such services within the local area for availability. The City should commit to developing and approving model policies within 6 months. The city should establish such service agreements within 6 monthsand notify all departmentsof the availability and how to provide said services. Task 3. Website & Technology Accessibility Compliance. The City has the bid out for the web accessibility compliance. Please verify that it follows section 508 guidelines, post information on web accessibilitypolicy, regarding programs and services, resources, usealternative formats such as HTML, PDF and Word documents,and offer assistancethrough a Web Support Team.Ensure that videos and TV programs offer closed captions or other alternatives for audiovisual presentations, and that accessible PDF files are created. When making presentations describe graphics. Include images of people with disabilities in videos and brochures. Verify that the most updated and accessible software and hardware is considered when making purchases. Verify that e-readers available through the library are accessible. Consider purchasing mobile station (laptop/tablet) with JAWSsoftware, Open Book Computer Software, Duxbury Computer Software, Braille Embosser, audio files, readers, or tablet that can serve for video remote interpreting, etc.It is anticipated that the IT Department will have an accessible website within 1 year. Task 4. Employment. The Department already has several grievance forms developed to manage personnel. Verify that the forms clearly incorporate offering reasonable accommodation for employees and modifications of policies to accommodate employees as necessary, eligibilityrequirements,andposition descriptions focusing on abilities.It is anticipated that model polices for employment will be drafted and approvedby the City Commission within a period of 1 year. Task 5.Police and Emergency Management While the Department may have limited resources, the key will be in developing the available resources, via training of house personnel in proper procedures to follow in the event of an emergency. Creating or sharing current database of special needs registry and how to accommodate the members of the community with special needs.It is anticipated that the model policies and training for Emergency Department staff will be completed within 1 year. The emergency management would benefit tremendously from having contract with vendors to facilitate auxiliary aids and services. There would be no redundancy in services and no additional effort required on behalf of the Emergency Management Department. 22 City of Boynton Beach Self-Evaluation and Transition Plan Task 6.Facility Compliance The City completed an accessibility compliance evaluation of its facilities and has established accessibility compliance reports for each one of its facilities that have public access. The reports identify barriers to access, the applicable code section, a proposed solution based on the specific requirement, photo reference, priorities, schedule and official responsible and an estimated cost to mitigate the barrier. The facilities were prioritized based on the relevance, frequency of use, and uniqueness. The barriers were prioritized based on life safety items, items that are non-existent, items that have deviations from technical requirements and items that fall within construction tolerances. Alternative solutions in terms of program accessibility, readily achievable barrier removal, equivalent facilitation, programmatic solutions, relocation of services, acquisition of new facilities and equipment, etc. were considered. A schedule to mitigate the facilities was prepared based on available funding sources and in line with capital improvement projects. Ensure that maintenance of accessible features in buildings is operational and complies with accessibility requirements. Procure non-toxic, unscented maintenance and building products that will comply with universal design and that will not trigger chemical sensitivities. Ensure that all current and future projects that are permanent and/or temporary events that contain alterations and/or new construction comply with ADA requirements through accessibility compliance review and accessibility compliance inspections. It is recommended that the accessibility compliance reviewer and the building inspector become certified by the International Code Councilas Accessibility Inspector/Plans Examiner. The information can be found at International Code Council (ICC), Accessibility Inspector/Plans Examiner 21, Category: Code Enforcementhttp://www.iccsafe.org/education- certification/certifications-and-testing/national-exam-info-registration/ Public Rights-of-Way Accessibility Compliance The only facilities that still need to be assessed for compliance are the public rights-of- way. The Department must establish the following processes: Review plans for accessibility compliance for new construction, additions and temporary Inspect on-going construction for accessibility compliance Review its current details to verify that they comply with the most up to date accessibility standards;the Department of Transportation hasissued a statement adopting the 2006 Guidelines for Public Rights-of-way as best Practices, the 2010 ADA and 2014 FBC Trainings and information is available from the Florida Department of Transportation (FDOT)and Federal Highway Administration (FHWA): Designing Pedestrian Facilities for Accessibility-FDOT http://www.dot.state.fl.us/construction/districtoffices/d5web/documents/training/a da/DPFA+Module+8+Work+Zones-Maintenance.pdf Accessible Sidewalks and Street CrossingsFDOT 23 City of Boynton Beach Self-Evaluation and Transition Plan http://www.dot.state.fl.us/projectmanagementoffice/ADA/AccessibleSidewalks- Guide_012610.pdf ADASection 504OverviewE-Learning Tool FHWA http://www.fhwa.dot.gov/resourcecenter/teams/civilrights/ada_sect_504/Index.ht ml ADA Best Practices Tool kit for State and Local Governments. Chapter 6 Curb ramps and Pedestrian Crossings http://www.ada.gov/pcatoolkit/chap6toolkit.htm Addendum Title II Checklist: http://www.ada.gov/pcatoolkit/chap6chklist.htm Appendix 1, Survey Instructions: Curb Ramps http://www.ada.gov/pcatoolkit/app1curbramps.htm Appendix 2, Survey Forms: Curb Ramps http://www.ada.gov/pcatoolkit/app2curbramps.htm Please refer to the ADA Transition Plan Best Practices that can be found at the following link: http://www.dot.state.fl.us/projectmanagementoffice/ADA/2011_BestPracticesTra nsitionPlans.pdf Create an inventory of existing sidewalks and curb ramps to determine accessibility compliance Maintenance of accessible features along public rights-of-way, such as eliminating changes in level that can become tripping hazards along sidewalks, detectable warning mats, providing alternative accessible routes when construction is conducted along sidewalks, audible and visual notifications at accessible pedestrian signals, Establish a priority schedule for mitigating inaccessible features along public rights-of-way incorporating them into Capital improvement Programs and on a request basis. Prioritize sidewalk and curb ramp schedule based on the areas as follows: entities covered by the Act(courthouse, libraries, schools, post offices), public transportation(bus stops, transportation terminals,tri-rail facilities), places of public accommodation(commercial zones),and other areas. Prioritize basedon the existing features, elements that represent a life-safety condition, elements that have not been provided, elements severely out of compliance, elements not incompliance. It is anticipated that the initial assessment will be completed within 1 year. 7. Staff Training While all personnel are required to comply with the ADA, it is extremely important that department heads and the persons having interaction with the public are aware of policies and procedures to make the programs and services accessible. At least one Manager per Department should serve as accessibility compliance liaison. The training should include information on general policies and procedures, department specific policiessuch as pool lift operation,how to accommodate persons with disabilities, how to provide auxiliary aids and services, how to achieve effective communication, how to receive relay calls, 24 City of Boynton Beach Self-Evaluation and Transition Plan information, how to use assistive listening devices, procedures for evacuating persons with disabilities,and policies regarding service animals. Maintenance staff should be trained on accessibility compliance and maintenance of accessible features. Topics such as Disability Etiquette Tips as published by the ADA National Network (see attachment Customer Service Final) are also a great tool to assist in treating persons with disabilities with the respect deserved. Personnel should participate in training upon hiring and on periodic basis. Please refer to the on-line trainingmaterialsoffered by the ADA National Network. The Southeast ADA Center offers web courses at the following website: http://www.adasoutheast.org/training/courses.php. The staff can benefit by taking some of the following coursesthat offer training and maintain archives related to topics that can provide insight to employees. It is anticipated that relevant personnel can take training within one year. ADA Basic Building Blocks ADA Title II Tutorial At Your Service: Welcoming Customers with Disabilities ADA Employment Webcourse Disability & Employment Support Practices _ EDI Online Disability.gov offers webinars on the WIOA & Improving Employment Opportunities for People with Disabilities at https://www.disability.gov/webinar- on-the-wioa-improving-employment-opportunities-for-people-with-disabilities- september-29/ ADA Online Learning http://ada-audio.org Accessibility Webinars http://accessibilityonline.org 8. Acquire Resources It is necessary to consider accessibility features when acquiringaccessible or adaptive equipment, third party vendor services and/or training to implement the plan.Accessible and adaptive equipment and software can potentially include but not limited to clipboards for note taking for simple communication, assistive listening devices, portable TTY, accessible golf carts, beach wheelchairs, laptop computers or tabletsand JAWS software. It is necessary to establish contactswith vendors to furnish auxiliary aids and services such as providing Braille documents, CART services, video remote interpreting and/or American SignLanguage Interpreters.Develop materials in alternative formats such as Braille, large fonts and PDFs. It is anticipated that the acquisitions necessary will have been completed within one year. VRI Video Remote Interpreting Birnbaum Interpreting Services th 8555 16street, suite 400, Silver Spring, MD 20910 T.(301) 587-8885 C.A.R.T. CommunicationAccessReal Time Closed Captioning Florida Real-Time Reporting Services, Inc. d/b/a Caption Crew 1314 East Las Olas Boulevard #140 Fort Lauderdale, FL 33301 25 City of Boynton Beach Self-Evaluation and Transition Plan T.(954) 767-6363 Braille Braille Works International, Inc. 941 Dardy Lake Street, Seffner, FL 33584 T.F.:(800) 258-7544 Braille Plus, Inc. 2659 Commercial Street SE, suite 264, Salem, OR 97302 T.(503) 391-5335 Registry of Interpreters Registry of Interpreters for the Deaf (RID) 333 Commerce Street Alexandria, VA 22314 T. (703)838-0030 TTY: (703)838-0459 Fax: 703-838-0454 http://www.rid.org Purple Communications T. (916) 274-8449 T.F.: (800) 618-2418 Website:www.purple.us/zri Email: vri@purple.us 9. ADACommittee &Public Outreach Develop an ADA committee comprised of stakeholders including City personnel, members representing advocacy organizations and members of the community that have a disability. Provide a level of participation from the community in the decision making process for priorities and reasonable modifications and public outreach and activity development. Invite members of the community that have a disability to participate in the Draft self-evaluation to the Final ADA Transition Plan so they are aware of the plan,and they can offer areas and action deemed priority. A group of four to five persons representing agencies that advocate for persons with disabilities and persons with disabilities can be involved in the committee.Some of the activities that the committee can be involved include but are not limited to the following: Establish a network of members of the community that have disabilities, resources and activities available for the community that have disabilities. The same network can assistin preparing a special needs registry for emergency events. Inviting individuals from the committee to assist with event planning for accessibility, assist at the event, provide post event evaluation, recommendations for future, etc. Request and create new activities or programs for individuals with disabilities and/or the general public but with accommodations incorporated as to include anyone interested. Provide feedback and insight regarding accommodation requests and how they were addressed by the city as needed. Provide feedback on annual update to ADA transition plan. 26 City of Boynton Beach Self-Evaluation and Transition Plan The committee can meet initially at least on 2 occasions, to discuss the self-evaluation and transition plan, and thereafter on quarterly or semi annual bases, but not to exceed yearlybasis. It is anticipated that the Self-evaluation and ADA transition plan will be finalized within 1 year.The transition plan should be updatedon quarterly basis but no later than yearly basis. The transition plan should be kept on file for public comment for a period of 3 years.Some organizations that can be invited for public comment are the following. Coalition for Independent Living Options, Inc. 6800 ForestHill Boulevard West Palm Beach, FL 33413 561-966-4288 (voice) 561-641-6538 (tty) 800-683-7337 (toll free) Fax: 561-641-6619 http://www.cilo.org Florida Association of the Deaf, INC(FAD) 3698 Spring Crest Court Lake Worth, FL 33467 None available (v/tty) http://www.FADCentral.org/ 10. Creating Funding Mechanisms Efforts will be made to incorporate accessibility features into all Capital improvement Projects. It is necessary to develop sources of funding for the structural changes in the ADA Transition plan. Non-structural or programmatic solutions are usually not as costly as structural solutions. Expenses can be incurred in establishing contracts, acquiring services and/or purchasingequipment. Ideally there are reserves that can be utilized for this need. Otherwise, it is planned that the ADA Coordinatorin conjunction with the Finance Department will look into allocating and procuring funds as necessary and creating sources of revenue that can assist in offsetting cost generated by the ADA transition plan. For some programs and activities were there is a surcharge from all participants, the fee can be utilized to fund the accessibility accommodations.If necessary the fee for all participants can be raised to ensure proper funding. Some states and local governments have been successful at obtaining federal for ADA improvements, alternative sourcesof funding can be obtained by applying for grants at http://www.grants.gov/web/grants/home.html, the Catalog for Federal Domestic Assistance(CFDA)https://www.cfda.gov/index?s=main&mode=list&tab=list,and Department of Transportation block grant transportation programs. 27 City of Boynton Beach Self-Evaluation and Transition Plan 28 City of Boynton Beach Self-Evaluation and Transition Plan 29 City of Boynton Beach Self-Evaluation and Transition Plan 30 City of Boynton Beach Self-Evaluation and Transition Plan 31 City of Boynton Beach Self-Evaluation and Transition Plan 32 City of Boynton Beach Self-Evaluation and Transition Plan 33 City of Boynton Beach Self-Evaluation and Transition Plan 34 City of Boynton Beach Self-Evaluation and Transition Plan 35 City of Boynton Beach Self-Evaluation and Transition Plan 36 City of Boynton Beach Self-Evaluation and Transition Plan 37 City of Boynton Beach Self-Evaluation and Transition Plan 38 City of Boynton Beach Self-Evaluation and Transition Plan 39 City of Boynton Beach Self-Evaluation and Transition Plan 40 City of Boynton Beach Self-Evaluation and Transition Plan 41 City of Boynton Beach Self-Evaluation and Transition Plan 42 City of Boynton Beach Self-Evaluation and Transition Plan 43 City of Boynton Beach Self-Evaluation and Transition Plan 44 City of Boynton Beach Self-Evaluation and Transition Plan 45 City of Boynton Beach Self-Evaluation and Transition Plan 46 APPENDIX I CITY OF BOYNTON BEACHAMERICANS WITH DISABILITIES ACT POLICIES AND PROCEDURES Articles and Sections: 1-Purpose and Scope. 2-Applicability 3-Definitions 4-Public Notice of Americans with Disabilities Act (ADA) Compliance. 5-Policy 6-Equal Employment Opportunity And Reasonable Accommodation Policies. 7-ADA Coordinator. 8-ADA Grievance Procedure. 9-Equal Opportunity Policy. 10-Reasonable Modification Policy. 11-Eligibility and Safety Requirements Assurance. 12-Surcharges Prohibition Policy. 13-Integrated Services Policy. 14-Significant Assistance Policy. 15-Accessible Transportation Policy. 16-Contracted Services Provider Policy. 17-Effective Communication Policy. 18-Accessible Print Material 19-Alternative Format Assurance and Procedures. 20-Interpreter Services Policy. 21-Assistive Listening Device Assurance. 22-Effective Communication. 23-Training Assurance. 24-City of Boynton BeachPolicy Regarding Service Animals for Individualswith Disabilities 25-Maintenance of Accessible Features on Facilities Owned and Operated by the City. 26-Existing Facilities: Program Accessibility. 27-Policy for Temporary Events. 28-City ofBoynton Beach Web Site Accessibility Policy and Implementation. ============================================================ APPENDIX I 1-PURPOSE AND SCOPE: The purpose of this policy is to outline the City ofBoynton Beachs policy relative to the U.S. Americans with Disability Act of 1990. The City ensures compliance with applicable federal laws, state statues andcity ordinancesas amended. Please see also the Citys Equal Employment Opportunity Policy and the Harassment Policy. 2-APPLICABILITY: This policy applies to all applicants and current employees of the City of Boynton Beach. Employees whose positions are covered by Civil Service Law or a collective bargaining agreement are subject only to those portions of the policy which are not separately regulated by Civil Service Law or a collective bargaining agreement. 3-DEFINITION: Qualified Individual: an individual who, with or without reasonable accommodation, can perform the essential functions of the position that the individual holds or desires. Disability: a physical or mental impairment that substantially limits one or more major life activities of the individual; a record of such impairment,orbeing regarded as having such impairment. Major Life Activities: major life activities include, but are limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The definition also includes the operation of major bodily functions such as the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. Reasonable Accommodation: a modification or adjustment to a job, employment practices, or work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity. Undue Hardshipor Burden: an action that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the department. APPENDIX I 4-Public Notice ofAmericans with Disabilities Act (ADA) Compliance A.The City ofBoynton Beachhereby adopts the following Public Notice of Americans withDisabilities Act (ADA) Compliance: CITY OF BOYNTON BEACHAMERICANS WITH DISABILITIES ACT The person named below is responsible for coordinating theCitys compliance with the Americans with Disabilities Act.Inquiries, complaints, requests for communication aids, and otheraccommodations and assistance should be directed to: City Managers Office Attn: Debbie Majors 100E. Boynton Beach Blvd. Boynton Beach FL 33435 T. (561) 742-6241 F. (561) 742-6011 TTY: (800) 995-8771 E-mail:MajorsD@bbfl.us Copies of this notice are available in large print, audiotape,Braille, and on computer disk upon request. The Citys ADAgrievance procedure, Self- Evaluation, and policies andprocedures are also available on request. Signed: B. In compliance with the provisions of the Americans with Disabilities Act, the above Public Notice shall be posted in prominent locations in public buildings and also in short form on all brochures and public information materials. 5-Policy The City of Boynton Beachis committed to protecting the rights and dignity of all employees. The City will not tolerate discrimination against individuals with disabilities because of their disabilities in the work place or with regard to City sponsored activities. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against qualified individuals with disabilities because of their disabilities. The City of Boynton Beachintends to ensure that individuals with disabilities who are employed by the City and persons applying for jobs are treated fairly and given opportunities equal to those of others working or seeking work. This policy applies to all member of the public with disabilities and their companions, including job applicants, program participants, people who contact the Cityseeking information about our programs, services or activities, or people who are using or attempting to use our facilities, programs and services APPENDIX I 6-Equal Employment Opportunityand Reasonable Accommodation Policies The ADA, and other disability laws, prohibits discrimination against people with disabilities in every aspect of employment, including: 1. Recruitment, advertising, and job application procedures; 2. Hiring, upgrading, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; 3. Rates of pay or any other form of compensation and changes in compensation; 4. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; 5. Leaves of absence, sick leave, or any other leave; 6. Fringe benefits by virtue of employment, whether or not administered by the employer; 7. Selection and financial support for training, including apprenticeships, professional meetings, conferences and other related activities, and selection for leaves of absence to pursue training; 8. Activities sponsored by the employer including meetings, social and recreational programs; 9. Any other term, condition, or privilege of employment. The City of Boynton Beachdoes not exclude or isolate persons with disabilities who are using or attempting to useour facilities, programs and services,and is willing to modify the format of Employment Applications (such as a large print application or on audio tape) or to offer assistance in completing them, hold testing and interviewing in accessible locations (sopeople who use wheelchairs can participate, for example), provide accurate information about the abilities and skills of individuals with disabilities when conducting tests and interviews, and provide reasonable accommodation so that an individual with adisability can perform the essential functions of his or her job. The City of Boynton Beachis committed to the principle that individuals with disabilities who are employed by the City and persons applying for jobs should not be subjected to discrimination because of that disability, should be treated fairly and given opportunities equal to those of others working and/or seeking to work here. The City administration and all supervisory personnel are responsible for maintaining a work environment free of discrimination against persons with disabilities. The City encourages all employees to aid in the achievement of this objective and has established an ADA Coordinator within the Citys Managers Office to formalize its commitment to this purpose. The Cityof Boynton Beachis not required to give preferential treatment to individuals with disabilities or lessen qualification standards. The law does APPENDIX I require that the City consider reasonable modifications regarding how qualified individuals with disabilities demonstrate their abilities and skills. Reasonable Accommodation Processfor a qualified applicant or employee The City of Boynton Beachdoes not discriminate against qualified applicants as defined under the Americans with Disabilities Act andemployees on the basis of disability in any terms, conditions or privileges ofemployment. A qualified applicant or employee as defined under the Americans with Disabilities Actcan submit reasonable accommodationrequest when they considerit necessary. The accommodationsrequest may include, but are not limited to, making reasonable modifications inpolicies, practices, and procedures; furnishings, auxiliary aids, and services; and makingservices, programs, or activities accessible, usable, and integrated wherever appropriate.Specific lists of types of accommodation are not included in this policy as they varydepending on program and individual needs and also by types of accommodation available. A. Upon request, the City will provide reasonable accommodation to employees and applicants with disabilities when doing so does not pose an undue financial or administrative hardship. B. Job applicants are not required to provide information about disabilities or accommodations required until a conditional job offer is made. Interviewing managers are prohibited from requesting information about any disabilities or accommodations required until making a conditional job offer. However, a job applicant who chooses to do so, may submit written requests for reasonable accommodation to the Director of Human Resourcesor alternatively to theADA Coordinator prior to the conditionaljob offer. Or, after the job offer is made to the applicant, he or she shouldsubmit a written request to the supervisor offering the job or to theDirector of Human Resources or alternatively to the ADACoordinator. Employees who require accommodations should submit writtenrequests for reasonable accommodation to his or her immediate supervisor. Requests for accommodation should contain a description of thenature and purpose of the accommodation being requested. If an applicantor employee is unsure of the type of accommodation required, thatindividual, the Director of Human Resources or alternatively to theADA Coordinator and the individuals immediate supervisorand/or Department Head shall work collaboratively to design anaccommodation. C.If the disability is not apparent, the request for accommodation should be accompanied by supporting documentation from a health care professional. This documentation should state that the employee in question has a disability that substantially limits one or more major life activities that APPENDIX I requires anaccommodation. Copies of requests for accommodation together with supporting documentation should beforwarded to the Human Resources or alternatively to theADA Coordinator by the employees supervisor.Medical records shall be stored in a separate location frompersonnel records. Medical records include but are not limited to:documentation of illness, injury, short or long-term disability, accommodation requests, doctors letters and certificates, Family andMedical Leave Act documentation and insurance information. Access tomedical records shall be provided on a needs to know basis with authorization from the Director of Human Resources or alternatively to theADA Coordinator or from the individual employee by written, signed release. D. Supervisors/Department Heads may grant requests for accommodation, but may not deny them. Only the ADA Coordinator inconcert with theHuman Resources Directoror City Managermay determine that a proposed accommodation constitutes an undue hardship. Qualified applicants and employees have the right to file a grievance upon denial of reasonable accommodation, using theCitys ADA grievance procedure. E. Employees requesting a reasonable accommodation will not be subject to retaliation for exercising their rights under the Americans with Disabilities Act. Please use the attached Accommodation Request Form to request an accommodation. 7-ADA Coordinator The ADA Coordinator willdirect the Citys compliance with the Americans with Disabilities Act. The ADACoordinator shall receive and investigate grievances and requests foraccommodations and assistance under said Actand as detailed in this Title. The City of Boynton Beachs ADA Coordinators responsibilities may include conducting the self-evaluation and developing the transition plan, handling requests for auxiliary aids and services, providing information about accessible programs and services, and serving as a local resource to the City. The ADA Coordinator may also have responsibility for working with the City Council to ensure that new facilities or alterations to town facilities meet ADA requirements. In some cases, The ADA Coordinator may also receive complaints from the public and will workto resolve them. 8-ADA Grievance Procedure A. This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act. Persons with disabilitiesor their authorized representatives, who believe that they have been discriminated against on the basis of disability in employment, or the provision of services, activities, APPENDIX I programs, or benefits, are requested to use it to bring their complaints to the attention of the City. B. The complaint should be submitted in writing or on audiotape to the ADA Coordinator. It should include a description of the alleged discriminatory incident or action, the place and date of its occurrence, and the name of any employee or representative of the City involved. The complaint should also include the name, address, and phone number of the person(s) bringing the complaint or their authorized representative(s). If assistance is needed to file or pursue the complaint, the ADA Coordinator upon request will provide it. The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged discriminatory incident to theADA Coordinator. C. Within fifteen (15) calendar days ofits receipt, the ADA Coordinator will meet with the complainant to clarify the facts of the incident and discuss possible resolutions. Within fifteen (15) calendar days after the meeting, the ADA Coordinator will respond in writing, or if needed for effective communication, in an alternate format preferred by the complainant, such as large print, Braille, or audiotape. The response will explain the position of the City and present options for substantive resolution of the complaint. D. If the ADA Coordinators response does not satisfactorily resolve the issue, thecomplainant may appeal the Coordinators decision within fifteen (15) calendardays of its receipt to the City Manager, or his or her designee. Within fifteen (15)calendar days of the receipt of the appeal, theCity manager, or his or her designee,will meet with the complainant to further clarify the complaint and discusspossible resolutions. Within fifteen (15) calendar days of the meeting the City Manager,or his or her designee, will respond in writing or alternate format with a finalresolution of the complaint. E. Records of all complaints received by the ADA Coordinator and appeals will be kept on file for at least three (3) years. 9-Equal Opportunity Policy No qualified person with adisability shall be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any of the Citys programs or activities. In providing its services, programs, and activities, theCity will not: 1. Deny a qualified individual with a disability the opportunity to participate in, or benefit from, an offered benefit, service, or activity. 2. Deny a qualified individual with a disability the opportunity to participate in, or benefit from, any aid, benefit, or service that is not equal to that afforded to others. 3. Otherwise limit a qualified individual with a disability the enjoyment of any APPENDIX I right, privilege, advantage, or opportunity enjoyed by other qualified individuals receiving the aid, benefit, or service. 10-Reasonable Modification Policy A. The City will make reasonable modifications to policies and procedures necessary to accommodate the needs of a person with a disability whenever an otherwise qualified person with a disability requests such modification, unless it can be demonstrated that the requested modification would impose an undue burden or fundamental alteration to the program. B. Requests for modifications should be made to program staff or theADA Coordinator and can be presented verbally or in writing(please see Reasonable ModificationRequest FormAttachmentK).It is theresponsibility of the ADA Coordinator to ensure that requests are responded toappropriately and in a timely fashion. C. Final decisions regarding requests for modifications, that in theopinion of the ADA Coordinator may represent an undue burden or fundamentalalteration, will be made by the City Managerin a timely fashion and no longer than ten(10) working days. Individuals seeking to contest a denial of a request formodification will be given the grievance procedure in formatappropriate to their needs. 11-Eligibility and Safety Requirements Assurance A. It is the policy of the City that prohibitions or limitations to the eligibility of qualified individuals with disabilities to receive services or participate in programs are not allowed unless they are essential to the operation of the program or service. Eligibility requirements must be reviewed by the ADA Coordinator and program managers and updated to complywith the requirements of the Americans with Disabilities Act. Whenever programs formulate new eligibility policies or new programs are developed, policies will be reviewed by the ADA Coordinator to ensure compliance. B. Safety requirements will also be reviewed to ensure that they are necessary to the safe operation of programs, and that any decisions to limit the participation of a person with a disability related to safety concerns will be reviewed on a case basis to ensure that the decision is based onfacts, not myths or stereotypes, and that all appropriate mitigating measures are taken to provide for maximum participation. Staff will be informed of, and trained in anychanges in eligibility and/or safety requirements that may arise. APPENDIX I 12-Surcharges Prohibition Policy It is the policy of the City that surcharges will not be charged to persons with disabilities, their family members, or organizations representing them for the provision of reasonable accommodations, reasonable modifications to policies andprocedures, auxiliary aids and services, or any other costs related to the participation of persons with disabilities. 13-Integrated Services Policy It is the policy of the City that all services, programs, and activities are provided inthe mostintegrated setting appropriate to the needs of participants with disabilities. Persons with disabilities are not required to participate in separate programs evenif separate programs specifically designed to meet their needs are offered. 14-Significant Assistance Policy It is the policy of the City that programs receiving significant assistance, either financial or in-kind from the City, may not discriminate against persons with disabilities. It is the responsibility of the ADA Coordinator and other personnel representing the City to inform organizations receiving assistance of this policy andto respond to any questions or, as appropriate, to refer questions to the ADA Coordinator regarding its meaning and application. It is also the Coordinators responsibility to investigate any situation in which discrimination towards persons with disabilities may have occurred, and to take appropriate action either to correctthe discriminatory situation or to recommend to the City Manager termination ofassistance. 15-Accessible Transportation Policy It is the policy of the City that transportation services are accessible to and usableby participants in qualified City operated programs regardless of disability. Individuals requiringaccessible transportation for qualified City operated programs should make their requests in writing or verbally to theprogram directors or alternatively to the ADA Coordinator. Requests should bemade at least three (3) days in advance. Effort will be made to respond to requestsmade on shorter notice. When a request cannot be met, notice will be given assoon as possible and at least one (1) day before the date of the requested trip. For transportation around the city, not related to qualified City operated programs, the City has agreements with the County paratransit services. Individuals who need this type of transportation should contact the County paratransit office directly. APPENDIX I 16-Contracted Services Provider Policy It is the policy of the City that if services are providedunder contracts, the City willset forth in the terms of the contract the obligations of the provider agency or agencies to operate in a manner consistent with the requirements of Title II of the ADA, and, furthermore, that the City will monitor the performance of the contractorin fulfilling this contractual obligation. 17-Effective Communication Policy A. It is the policy of the City that auxiliary aids and services will be provided when necessary to ensure effective communication with persons whose disabilities affect communication. Persons with communications disabilities will be given the opportunity to request the aid or service that they prefer and the requested aid or service will be given primary consideration. The preferred means of communication will be provided unless doing so would impose an undue burden or an effective alternative means of communication is available. B. Requests for auxiliary aids or services should be made verbally or in writing to program directors or to the ADA Coordinator. Unless otherwise specified, the City urges that requests be made at least ten (10) days in advance of the occasion on which the communications support will be needed. Reasonable effort will be made to respond on shorter notice. C. The person requesting the service will be notified as soon as possible if the City is unable to meet their request. In some circumstances, an appropriate alternative will be offered such as rescheduling. It will be the responsibility of the ADA Coordinator to train staff andoversee implementation of effective communications procedures. The ADA Coordinatorwill be responsible for making finaldecisions related to undue financial and administrative burden or fundamental alterationin the nature of programs.Alternative optionscan be discussed with requestor. 18-Accessible Print Material Public documents such as City annual reports, promotional brochures, and other documents, such as tax bills, license applications and other printed information may need to be provided in an alternate accessible format to provide effective communication for individuals who are blind or visually impaired. Alternate formats may include materials in Braille, large print, files on computer disk that can be used in a personal computer, or an audiotape recording of the print document. Priority should be given to the type of format that has been requested unless the City determines that another format is effective or that providing the APPENDIX I one requested would result in undue financial or administrative burdens or a fundamental alteration in the nature of the program. The City should publish a contact number for the public to request an accessible format or other auxiliary aid or service. 19-Alternative Format Assurance and Procedures A. All documents, publications, and materials used in City programs will be made available to persons with disabilities who need them in alternate formats. Procedures will beestablished to respond to requests for alternate formats including large print, audiotape, Braille, and computer diskettes in a timely fashion. Three (3) weeks notice is generally required for the preparation of Braille materials. Reasonable efforts will be made to respond on shorter notice. B. Large print, short audio tapes, and computer diskettes will be prepared by staff persons who have been identified by the ADA Coordinator and trained in the necessary skills and procedures. Preparation of long audiotapes will be purchased from a professional provider. C. The procedure for requesting alternate formats is: 1. The person making the request should identify the materials desired and specify his/her preferred alternate format to the program director or the ADA Coordinator, either verbally or in writing ten (10) working days in advance of the event or activity for which the material is needed. Reasonable effort will be made to meet requests made less than ten (10) days before an event or activity. 2. The materials will be provided in the requested format at no additional charge. 3. Primary consideration will be given to the format preferred by the person making the request, and the City will decide whether to provide the preferred format or an effective alternate format. 4. If a request cannot be met the person making the request will be informed as soon as possible but at least one (1) day in advance of the event or activity. 5. The City Manager will make the final decision regarding any request that may represent an undue financial or administrative burden. 20-Interpreter Services Policy A. It is the policy of the City that sign language interpreters, will be provided upon request to any person needing interpreter services in order to participate in any meeting, program, or activity of the City. Requests should be generally made at least twenty (20) working days in advance of the scheduled event or meeting, but reasonable effort will be made to meet requests made on shorter APPENDIX I notice. Requests should be made either verbally, by TTY, or in writing to a Department Heador the ADA Coordinator. Within one (1) dayof receipt of the request, the ADA Coordinator or other responsible employee will contact the providertoschedule the interpreter service. B. In addition to using theprovider, the City will maintain a list of names and phonenumbers of at least three qualified freelance sign language interpreters working in the region. If informed that providerhas not been successful in scheduling interpreters as requested, staff of the City will immediately attempt to contact and schedule a freelance interpreter. C. If an interpreter cannot be obtained, the ADA Coordinator or other member of the staff will offer the option of an alternative effective form of communication or the opportunity to postpone the meeting until such time as an interpreter can be scheduled. 21-Assistive Listening Device Assurance A. Assistive listening devices will be provided upon request to persons needing such devices to participate in programs, services, and activities of the City. B. The procedure for requesting an assistive listening device is for the person needing the device, or his or her representative, to make the request verbally or in writing to the ADA Coordinator or other program director at least ten (10) days before the scheduled event or activity will take place. The ADA Coordinator or Program Director, or other responsible member of the staff will arrange for the listening devices use and will provide any necessary training or orientation to program staff. Reasonable effort will be made to meet requests made with less thanten (10) days notice. 22-Effective Communication The City of Boynton Beachwill generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the Citys programs, services and activities The City must take appropriate steps to ensure that communications with members of the public, job applicants, and participants with disabilities are as effective as communications with others unless it is an undue financial or administrative burden to do so or it would result in a fundamental alteration in the nature of its program or activity. Achieving effective communication often requires that the City provides auxiliary aids and services. Examples of auxiliary aids and services include qualified sign language interpreters, assistive listening devices, open and closed captioning, APPENDIX I note takers, written materials, telephone handset devices, qualified readers, taped texts, audio recordings, Braillematerials, materials on computer disk, and large print materials. The City must provide appropriate auxiliary aids and services where they are necessary to achieve an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by or for the City. The City must give primary consideration to the type of auxiliary aid requested by a person with a disability. However, the City may provide a different type of aid if it can show that it is an effective means of communication. Itis the policy of the City that staff training and other staff development activities provided by City personnel and volunteers include training on the use of a TTY, the operator relay service, and other equipment necessary to assure effective communication.The city personnel will also receive training in procedures and policies onreceiving and handling requests for auxiliary aids and servicesand for ensuringthat primary consideration is given to the type of service or format preferred by theperson withdisability. Training on effective communication will be givenduringorientation and at in-service programs. 23-Training Assurance A vital component of any ADA implementation plan is the training that is provided for staff. While a thorough knowledge of the provisions of the ADA is important for some positions, training should center on service attitudes, communication skills, and internal policies and procedures. Patrons with disabilitiescan be drawn from ADA Advisory Groups and serve aseffective trainers. 24-City of Boynton Beachs PolicyRegarding Service Animals for People with Disabilities The City of Boynton Beachis committed to making reasonable modifications to its policies, practices, and procedures to permit the use of service animals byits guests with disabilitiesas defined, in Section 413.085, Florida Statutes. Service animals play an important role in ensuring the independence ofindividuals with disabilities, and it is therefore our policy to welcome any dog that is individually trained to assist a person with a disabilityas defined in the Americans with Disabilities Act and Florida State Statute 413.085(Please see Service Animal Policy Appendix M). 25. Maintenance of Accessible Features on Facilities Owned and Operated by the City. The City of Boynton Beachmust maintain in operable working condition those features that are necessary to provide access to services, programs, and activities --including elevators and lifts, curb ramps at intersections, accessible APPENDIX I parking spaces, ramps to building or facility entrances, door hardware, and accessible toilet facilities. Isolated or temporary interruptions in service or access are permitted for maintenance or repairs. 26. Existing Facilities: Program Accessibility When programs, services, or activities are located in facilities that existed prior to January 26, 1992, the effective date of title II of the ADA,the City willmake sure that they are also available to persons with disabilities, unless to do so would fundamentally alter a program, service, or activity or result in undue financial or administrative burdens. This requirement is called program accessibility. When a service, program, or activity is located in a building that is not accessible, The City can achieve program accessibility in several ways. It can: relocate the program or activity to an accessible facility provide the activity, service, or benefit in another manner that meets ADA requirements, or make modifications to the building or facility itself to provide accessibility. Thus, to achieve program accessibility, The City can relocate some programs to accessible facilities and modify other facilities, avoiding expensive physical modifications of on all of their facilities. 27-Policy for Temporary Events The City must meet the ADA requirements for both temporary and permanent services, programs, or activities coordinated by the city. Facilities and structures that are built or altered for temporary use must comply with the ADA Standards. In addition, the policies and operations for the event must meet the nondiscrimination requirements of the ADA. When planning temporary events such as a City festival or concert, the City should review ADA title II requirements and the ADA Standards. The Standards can provide guidance to help event planners place temporary accessible parking spaces in appropriate locations, provide an accessible route throughout the site, and provide other accessible features for food service, toilet facilities (including accessible portable toilets), assembly area seating, public telephones, etc., where such elements or facilities are provided for the public. It is very important to consider accessibility requirements when the event is in the planning stage so that accessible facilities can be identified and incorporated in a manner that does not require extensive construction or last-minute modifications. APPENDIX I 28-CityofBoynton BeachWeb Site Accessibility Policy and Implementation The City shall establish a Web Accessibility Coordinator. This position will be responsible for ADA compliance as it relates to accessibility of the Citys website. These procedures implement City of Boynton BeachWeb Accessibility Policy. 1.All new or revised Web pages and other Web resources published, hosted or otherwiseprovided by the City must be in compliance with the World Wide Web standards defined in the Federal Rehabilitation Act Section 508, specifically subsections 1194.22 and subsection 1194.31. Reasonable effort must be taken to ensure that legacy Web pages and resources are in compliance with these subsections of Federal Rehabilitation Act Section 508 no later than November 1, 2003. That effort must be documented. Legacy Web pages and resources will be considered those that are published prior to November 1, 2001. Upon specific request, information on Web pages and resources is to be made available to any individual needing access to such content, by revision or otherwise. The unit responsible for the creation of the information on the Web is responsible for providing that access. Upon specific request, information on Web pages and resources in archive status (e.g. no longer in use but subject to records retention plans) containing core administrative or public information, official records, and similar information) is to be made available/accessible to any individual needing access to such content, by revision or otherwise. What constitutes a Web page or other Web resource is to be interpreted broadly, and for example, does not depend upon the type of client or host device, the type of software on the client or host devices, or the technical means by which the client and host communicate over the Web. 2.Web pages or resources specifically requested to be made accessible as part of a formal accommodation request shall be made accessible as soon as possible, or an equally effective alternative shall be provided. Equally effective means that it communicates the same information and provides the equivalent functions in as timely a fashion as does the Web page or resource. For items 1 and 2 above, undue administrative or financial burdens may contribute to a determination that alternative formats be used to provide the information to individuals requiring use of the information. If compliance in specific instances appears to be impossible or an undue burden, the City Manager may grant exceptions. APPENDIX I Each Web site must contain an accessible link or a person to contact if users have trouble accessing content within the site. This would usually be the Web developer or publisher. The addition of a link or contact person is not sufficient, in and of itself, to comply with the World Wide Web Accessibility Policy. 1.Priority of Implementation Priority should be given to creating accessible web pages and resources for core institutional information such as reports, online applications, forms or permits, and other type of documentswhich may include but are not limited to tax bills, permit applications, license applications, letters to council, job- opportunities, calendar of events and notices.Cities with large web sites and resources containing core institutional information should establish priorities for ensuring access to these according to the pages and resources being used or requested most often. For setting priorities to make Web pages and resources accessible, the following guidance is suggested: -All new and revised web pages should be made accessible at the time of creation or revision. -The top 20% of existing Web pages and resources most frequently used (e.g. that get the largest number of hits) should be placed in the first priority for review, and made accessible as indicated. Pages and resources required for participation, funding, disability-related services and other key information or functions needed by people with disabilities, not already in the top 20%, should also be placed in the first priority. Each department or entity is responsible for determining the top 20% used and other first priority Web pages and resources. -Any remaining pages and resources providingcore institutional information or functions should be reviewed, and made accessible as indicated. -All other Web pages and resources should be reviewed, and made accessible as indicated. 2.Recommended Assessment Procedures It is recommended that a variety of evaluation methods be used to test the accessibility of Web pages and resources, including automated testing, client and/or device testing, expert evaluation, and user testing. 3.Exception Procedure Narrowly tailored exceptions to this policy may be granted by the City of Boynton Beachs Information Technology Director in specific instances where compliance is not possible or would constitute an undue APPENDIX I administrative or financial burden. To request an exception send an e-mail to Information Technology Director. 4.Resources Information about training, consulting, and technological tools can be found at the Federal Rehabilitation Act (Section 508) and W3C.The Federal Rehabilitation Acts Section 508 standards were established as the level of compliance requiredfor institutions receiving federal funding. These standards, consistent with W3Cs, provide achievable, well documented guidelines for implementation. The Citys Web Accessibility Policy should therefore endorse compliance with the Federal Rehabilitation Acts Section 508 standards, specifically subsections 1194.1 through 1194.22 and 1194.31. Web sites may still be developed and presented using the W3C guidelines; the Section 508 standards establish the threshold or minimum for compliance. The policy also sets forth a method for identifying portions of current Web sites to be brought into compliance as a priority, based on number of hits or specific requests for access. Compliance with the Federal Rehabilitation Acts Section 508 standards should help the Cityachieve the goal of ensuring that individuals with disabilities have access to the increasing amount of Web-based material originating on our portal. There is a strong linkage between the required standards and the development of current technologies that support compliance with these standards. The policy should support the Citys effective use of emerging technologies in instruction; revised time-lines help make accessible the information residing on legacy pages. Thesuccess of the policy requires a continual coordination of programmatic needs, technology, and services. The policy will therefore be reviewed regularly to ensure its effectiveness in an environment of rapidly changing technology. Where compliance is not possible or may require extraordinary measures, exceptions to this policy may be granted byInformation Technology Director and/or City Manager. Thepolicies will be revised annuallyandmodified as necessary to reflect any changes in law. REASONABLE ACCOMMODATION REQUEST FORM Please use this form to make a reasonable accommodation request. We will work with you and your health care provider to create an accommodation which does not create an undue burden to the City. A. Questions to clarify accommodation requested. What specific accommodation are you requesting? If you are not sure what accommodation is needed, do you have any Yes No suggestions about what options we can explore? If yes, please explain. Yes No Is your accommodation request time sensitive? If yes, please explain. B. Questions to document the reason for accommodation request. What, if any, job function are you having difficulty performing? What, if any, employment benefit are you having difficulty accessing? What limitation is interfering with your ability toperform your job or access an employment benefit? Have you had any accommodations in the past for this same limitation? Yes No If yes, what were theyand how effective were they? If you are requesting a specific accommodation, how will that accommodation assist you? C. Other. Please provide any additional information that might be useful in processing your accommodation request: _______________________________________________________________________ Employee SignatureEmployee Name (Print)Date APPENDIX J City of Boynton Beach Transition Plan NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (ADA), the City of Boynton Beach, Florida will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Boynton Beachdoes not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication:The City of Boynton Beachwill generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City of Boynton Beachwill make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities.For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or modification of policies or procedures to participate in a City program, service, or activity, should contact the City ADA Coordinator, Debbie Majors, at 561-742-6241; Florida Relay Service 711 or 1-800-955-8771 (TTY)as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to the CityADA Coordinator, Debbie Majors, at 561-742-6241; Florida Relay Service 711 or 1-800-955-8771 (TTY).Email majorsd@bbfl.us The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open. APPENDIX K City of Boynton Beach Transition Plan AMERICANS WITH DISABILITIES ACT (ADA) REASONABLE MODIFICATION REQUEST FORM Complete and send to: Debbie Majors, ADA Coordinator Office of Accessibility City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 T. (561) 742-6241 F. (561) 742-6011 TTY: (800) 955-8771 E-Mail: Majorsd@bbfl.us Date received ______________ REQUESTOR INFORMATION Name_____________________________ Date______________ Address:__________________________________________________________________ _________________________________________________________________________ City________________________ State________Zip________ Home Phone (include area code) ________________________ Business Phone (include area code) ______________________ PERSON MAKING THE REQUEST(if other than individual needing the modification): Name____________________________________________________________________ Address:__________________________________________________________________ _________________________________________________________________________ City________________________ State________Zip________ Home Phone(include area code) ________________________ Business Phone (include area code) ______________________ Other contact information: _________________________________________________________________________ _________________________________________________________________________ INFORMATION ON REQUEST Date and time modificationneeded: ________________________________________ Location modificationneeded: ____________________________________________ Duration for which the modificationneeded: __________________________________ Nature of the disability that necessitates reasonable modification(attach additional information or documentation if necessary) _________________________________________________________________________ _________________________________________________________________________ Page 1 of 3 APPENDIX K City of Boynton Beach Transition Plan Reasonable modificationrequested(please check one of the following six options): __Assistive listening device (Assistive listening systems work by increasing the loudness of sounds, minimizing background noise, reducing the effect of distance, and overriding poor acoustics. The listener uses a receiver with headphones or a neck loop to hear the speaker.) __Communication access real-time translation/real-time transcription services (CART is a word-for-word speech-to-text interpreting service for people who need communication access. A rendering of everything said in the courtroom will appear on a computer screen. CART is not an official transcript of a court proceeding.) __Sign Language Interpreter (Please specify American Sign Language, oral interpreter, signed English, or other type of signing system used by persons with hearing loss.): _________________________________________________________________________ _________________________________________________________________________ __Assignment to a meeting room that is accessible to a person using a mobility device (Please specify wheelchair, scooter, walker, or other mobility device that is used.): _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ __Provision of City documents in an alternative format (Please specify Braille, large print, accessible electronic document, or other accessible format used by persons who are blind or have low vision): ________________________________________________________________________ __Other(please specify): _________________________________________________________________________ _________________________________________________________________________ The City may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. The City is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The City, in making alterations to existing buildings, shall meet the accessibilityrequirements of the ADA Title II Regulation 35.151. In choosing among available methods for meeting the requirements of this section, The City shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate taking into consideration the request of the individual with disability. Signature: ________________________________ Date: _________________ Page 2 of 3 APPENDIX K City of Boynton Beach Transition Plan THE FOLLOWING SECTION IS TO BE COMPLETEDBY CITY PERSONNEL ONLY Date request was received: ______________ Name andtitle of individual responding to this request:_____________________________ Additional oral or written information requested? __ Yes __ No If so, describe information: _________________________________________________________________________ _________________________________________________________________________ Reasonable Modification Requestgranted? __ Yes __ No Describe the modification(s) granted by the City if an alternative means to provide access to program or service is offered: _________________________________________________________________________ _________________________________________________________________________ Indicate the duration the modificationwill be provided: _________________________________________________________________________ _________________________________________________________________________ If a requestisdenied, indicate reason(s) for denial (If the request is denied, granted only in part, or if an alternative modificationisgranted, a written response must be provided to the individual with a disability. Transmittal of a copy of this section of the modificationrequest form by email or by U.S. Mail delivery is one means of providing the written response required. Ifa reasonable modification requestis denied due to a finding of undue burden or fundamental alteration,that such determination must be made in writing by the City Managers Office). __ Request is denied. Written response provided to requestor and a copy is attached to this document for the record. Alternatives are offered. Signature: ____________________________ Date: Name/Title Page 3 of 3 APPENDIX L City of Boynton Beach Transition Plan City of Boynton Beach Grievance Procedure under The Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Debbie Majors, ADA Coordinator Office of Accessibility City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 T. (561) 742-6241 F. (561) 742-6011 TTY: (800) 955-8771 E-Mail: Majorsd@bbfl.us Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City of Boynton Beach City Manageror his/her designee. Within 30calendar days after receipt of the appeal, the City of Boynton Beach City Manageror his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City of Boynton Beach City Manageror his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or his/her designee, appeals to the City of Boynton Beach City Manageror his/her designee, and responses from these two offices will be retained by the City of Boynton Beach for at least three years. Adopted: APPENDIX L City of Boynton Beach Transition Plan AMERICANS WITH DISABILITIES ACT (ADA) GRIEVANCE INVESTIGATION Date Received: __________________ COMPLAINANT INFORMATION Name: Date: Address: City:State: Zip: Home Phone: (include area code) Business Phone: (include area code) Email address: Date of Response: __________________(within 15 calendar days of grievance) Person Responding: _______________________________________________ Format:__________________ Appeal: Yes ____No___ Date of Appeal: ____________________ (within 15 calendar days of response) Appeal Meeting Date: _______________ (within 15calendar days of receipt of appeal) Appeal Meeting Location: _______________ Appeal Response Date: _____________(within 15 calendar days of appeal meeting) Final Resolution: Retain this form for three years from the date of the complaint: ________________ Page 1 of 1 APPENDIX M City of Boynton Beach Transition Plan POLICYREGARDING SERVICEANIMALS FORPEOPLE WITHDISABILITIES The City of Boynton Beachiscommittedtomakingreasonable modificationsinpolicies,practices,and procedurestopermittheuseofservice animalsbypersonswithdisabilities.Serviceanimalsplayanimportant rolein ensuringtheindependenceofpeoplewithdisabilities,anditisthereforeourpolicy towelcomeonorin ourcity facilities andpremisesanydogthatisindividuallytrainedtoassistapersonwithadisability as defined in the Americans with Disabilities Act and Florida State Statute 413.085. WhatisaServiceAnimal? Serviceanimalsincludeanydogthatisindividuallytrainedtodoworkorperform tasksforindividualswith disabilities,includinga physical,sensory,psychiatric, intellectual,orothermentaldisability.Serviceanimals donotalwayshavea harness,asign,orasymbolindicatingthattheyareserviceanimals.Aserviceanimalis notapet.Serviceanimalsassistpeoplewithdisabilitiesinmany differentways,suchas: Guidingpeoplewhoareblindorhavelowvisionandretrievingdropped objectsforthem; Alertingpeoplewhoaredeaforhardofhearingtosoundsandthepresence of others; Carryingandpickingupitems,openingdoors,orflippingswitchesfor peoplewithdisabilitieswhohave limiteduseofhandsorarms,limiteduseoftheir legs,orlimitedabilitytobendorstoop; Pullingwheelchairs; Alertingpeoplewithdisabilitiestotheonsetofmedicalconditionssuchas seizures,protectingthemand cushioningthemiftheyfall,revivingthem,and performingothertasksthatreducetheriskofdisability- relatedinjury; Doingworkorperformingtasksforpersonswithtraumaticbraininjury, intellectualdisabilities,or psychiatricdisabilities,suchasremindingapersonwith depressiontotakemedicationorwakinghimup, alertingapersonwithanxietyto theonsetofpanicattacks,orientingpeoplewithschizophreniatoreality, andhelpingpeoplewithintellectualorcognitivedisabilitiestolocatemisplaceditems, findplaces,or followdailyroutines;and Providingphysicalsupportandassistingpeoplewithphysicaldisabilities withstabilityandbalance. RequirementswithRegard toServiceAnimals: Mostofthetime,peoplewithdisabilitieswhouseserviceanimalsmaybeeasily identifiedwithoutanyneed forquestioning.Ifwecantellbylooking,itisour policynottomakean individualfeelunwelcomebyasking questions.Ifweare unsurewhetheran animalmeetsthedefinitionofaserviceanimal,it isourpolicy toask theindividualonlytwoquestionsatthepointthattheindividualseeksentry tothecitypremises: Is this dog a service animalrequired because of a disability? •What work or task has the dog been trained to perform? Page 1 of 2 APPENDIX M City of Boynton Beach Transition Plan Iftheindividualsaysyestothefirstquestionandexplainstheworkortasksthat theanimalistrainedto perform,wewillwelcomethepersonandserviceanimal intoourpremiseswithoutaskinganyadditional questionsabouthis orherservice animal.Wewillnotaskanindividualquestionsabouthis orherdisability. We willnotask anindividualtoshowalicense,certification,orspecialidentificationcardasproofoftheir animalstraining.We will not ask the individual with to have the dog demonstrate what it is trained to do.We mustpermitserviceanimalsto accompanyindividualswithdisabilitiestoall areasofourpropertynormally usedbycustomersorothermembersofthepublicandwilltreatindividualswithserviceanimalswiththe samecourtesyandrespectthatthiscityaffordstoall ofour customers. Note: Any trainer of a service animal, while engaged in the training of such an animal,has the same rights and privileges with respect to access to public facilities and the same liability for damage as an individual with a disability accompanied by aservice animal. Florida Statute 413.08 (4)states: Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies orinterferes with admittance to, or enjoyment of, a public accommodation or, with regard to a publicaccommodation, otherwise interferes with the rights of an individual with a disability or the trainer of aservice animal while engaged in the training of such an animal, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 and must perform 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months. Responsibilities: Managementofthe city hastherighttoexcludeaserviceanimalfromour premisesifthedogisoutof controlandthehandlerdoesnottakeeffectiveaction tocontrolit,orthedogisnothousebroken.Wewillnot excludeaparticular serviceanimalbasedonpastexperiencewithotheranimalsorbasedonfear unrelatedto anindividualserviceanimalsactualbehavior.Eachsituationwillbe consideredindividually.Whenthereis alegitimatereasontoaskthataservice animalberemoved,staffmustofferthepersonwiththedisabilitythe opportunity toobtaingoodsorserviceswithouttheanimalspresence. OnlytheDepartment Head or designeecandecideto excludeaserviceanimal The ADA Coordinator must be notified within 24 hours of the exclusion of a service animal from a city facility.The department head will be responsiblefor documenting the date, time, location, why the service animalwas excludedand any other pertinent details. *********************************************************************** Mysignature below indicates Iunderstand and agreeto abide bythis Policy. Signed:Date: , 20. (Employee Signature) Printed Name: Department: _________________________Supervisor: Page 2 of 2 City of Boynton Beach ADA (Appendix N) APlanningGuide MakingTemporary Events For Accessible to Peoplewith Disabilities VENDORS TAKING PART IN AN EVENT Exhibits and Displays The ADA Standards do not cover the design of elements that are not part of or attached to a building. Thus, portable display tables, cases, shelves, or panels that are generally transported into temporary event space are not required to meet ADA Standards. However, under Titles II and III of the ADA, it is expected that participants will be able to experience full enjoyment of the event. Makingexhibitsanddisplaysaccessible Locate display tables, cases, shelves, or panels next to an accessible route and have adequate space for a person using a wheelchair or scooterto pass behind other participants who have stopped to examine an object. Mountfree-standingdisplaycasesbetween 36 and 39 inches high. Objects that are viewed from above should be no higher than 36 inches. Carefully placed mirrors can also bring otherwise obscured surfaces into view. If high display cases or bookcase style shelving are used, it may be necessary to take items out of cases or off high shelves so a person with a disability can view and study an object up close. Make sure the bottom deck of wall-hungdisplaycasesorobjectsis between 36 and 39 inches off the ground. Space limitations often dictate that items be exhibited on vertical bookcase style displayshelves, putting many objects above the preferred viewing height of 36 to 39 inches.Try to place a representative sample of items in the preferred range and be prepared to bring items on high shelves to participants upon request. Provide enough space for a person to sufficiently back away from and closely approach the display panelto view items displayed. The height for mountingflatimages(e.g. photographs, paintings, and maps) must allow both standing people and people who use wheelchairs to view the image comfortably. Page 1 of 7 City of Boynton Beach ADA (Appendix N) LargeObjects Large objects, or objects to be entered such as trucks, boats, or aircraft, pose unique problems to access. Some cannot be accessed without requiring significant modification of the object itself. For many temporary events, the only practical solution is to provide a video “tour” of the object that provides an experience similar to that of actually physically entering the object. A representative model showing key features or a life-sized mock-up can also allow the participant to experience the key features of the object. If there are numerous objects on display, such as at a boat or antique car exhibit, a representative selection could be made accessible or again, video “tours” could be provided. In exhibit spaces with accessible mezzanine or viewing balconies such as coliseums, large objects can be strategically located so that parts of the object difficult to see from the main floor level can be viewed from an upper level. ExhibitsinTrailers Traveling carnivals and fairs may include exhibits entirely contained in trailers accessed by climbing a set of three to five steps. The content of the exhibit must be available to all participants, and vendors should provide a brochure of the exhibit for people who cannot enter. A preferable solution is to add a temporary/removable ramp or lift at the entrance. These modifications could become permanent parts of the equipment that travels from site to site to display the exhibit. CreatingAccessforPeoplewithSensoryDisabilities VisualDisabilities. People with visual disabilities can understand much about objects on display if they have the opportunity to touch and handle the object in a way that allows them to perceive its weight, texture, shape, etc. Duplicate or example objects can be offered for this purpose. Relief maps with three- dimensionally project features, and scale models of large objects can also provide valuable information. If all people are allowed to touch these “tactile” exhibits, it makes the experience more educational and memorable for everyone attending the event. Provide spoken narrative or an audio component to describe the content of two dimensional images. Staff members can also describe images for a specific participant or, if someone is explaining the exhibit to all participants, he or she can present a more detailed description so a person with a visual disability may acquire a full understanding. HearingDisabilities. People with hearing disabilities must have access to the content of audio/visual presentations, such as slide shows and videos. Ideally, such presentations would have captions or subtitles of the audio component. Otherwise, the spoken word could be presented in a written script. Where only ambient sounds are used, this should be noted so participants with hearing loss know they are not missing a part of the exhibit. Artwork, Crafts, and Other Wares for Sale: The ability to see, reach, and study objects or images is key to selecting an item to purchase. Ideally, a person with a mobility disability should be able to move about the vendor’s entire display space. Vendors should use the same guidelines as those used for exhibits and displays, discussed earlier in this chapter. Vendors may need to take items down from high shelving, bring small items closer to an individual, or carry an object completely out of the display space. Participating in Activities Many temporary events have activities that require or encourage visitor participation, such as question and answer sessions, art activities, games, competitions, workshops, or impromptu speeches. Inclusion is the emphasis for all activities. However, in some rare instances having separate divisions in an event will actually allow people with disabilities to participate in a more equal manner. For instance, in a marathon competition having a wheelchair division separate from the men and women’s divisions actually allows people with disabilities to participate with peers as other members of the community. However, many runners with braces or artificial limbs will want to compete in regular men and women’s divisions. A Page 2 of 7 City of Boynton Beach ADA (Appendix N) flexible policy will allow participants with disabilities to choose the division in which they feel the most comfortable. PhysicalAccessibility The level of access for people with mobility disabilities will vary with the nature of the activity. For example, an individual with a mobility disability may not be able to use a trampoline, but there still must be an accessible route to the location so the individual may accompany friends or supervise children. Surfaces. For activities that require a surface area, such as writing, painting, or model building, some tables or portions of counter tops must be accessible. The ADA Standards require that 5%, but never less than one of all fixed or built-in tables and seating, be accessible, with adequate knee space and at appropriate heights for people using wheelchairs or needing to sit. For some situations, such as a potter’s wheel or an arcade game, it may be possible to dedicate resources to make or acquire an accessible version to offer a representation of the experience. In some instances, assisting participants may be the only practical alternative. ExhibitsandDisplayswithControls.Interactive displays should have controls that are usable by all people, i.e., levers, loop handles, push buttons, androcker switches. These usually require little force to operate and are common enough that operation is intuitive for most participants. Toggle or “joy stick” type handles and trackballs are also easy to use by people with limited hand function. When it isnot possible for all exhibits to have accessible controls, a few representative examples equipped with such controls should be provided to assure that a general sense of the experience is available for everyone. EliminatingCommunicationsBarriers Activities that require communication to participate should be conducted in a manner that allows participation by people with hearing, vision, or speech disabilities. HearingDisabilities.For group discussions, workshops, or question-and-answer situations, all visitors must be able to understand the information presented and respond in as unrestricted manner as possible. Assistive listening devices should be available for people with limited hearing. The most useful are portable systems that allow flexibility for small group or classroom situations (see “Assistive Listening Systems,” page 43). For many people with hearing loss, the use of sign language interpreters is essential for two-way communication to occur. While this may be impractical or costly for a single activity, it may be possible to have a pool of interpreters on hand for larger entertainment events that can be sent to activities as requested. There should be some scheduled accessible/interpreted performances that are advertised in advance.Individuals who are Deaf and requesting an interpreter are not required to pay for cost of the interpreter.To find qualified sign language interpreters in the Boynton Beacharea, contact theCity of Boynton Beach ADA Coordinator (561) 742-6241. VisionDisabilities.People with vision disabilities may need to be physically close to visually presented information, instructions, or activities, e.g. maps, artwork, photographs, etc. For those forwhom this will be ineffective or who are blind, additional explanations may be necessary in order to convey essential themes and facts. As with exhibits, sample objects may be made available for participants to touch and feel. CognitiveorDevelopmentalDisabilities.Keep instructions simple and presented in short sentences. Instructions for people with cognitive disabilities are more effective if participants must act after each direction. Presenters need to be patient and willing to integrate everybodyinto the activities as much as possible. Page 3 of 7 City of Boynton Beach ADA (Appendix N) Assembly Areas Speeches, performances, and sports exhibitions involve a significant number of people gathered in a defined space. Assembly areas, whether in permanent indoor facilities or temporary outdoor settings, must be accessible, both in the design of facilities and in how the program is offered. This section mainly addresses assembly areas without fixed seats, i.e., gymnasiums that rely on movable seating, large meeting rooms where furniture and stages must be brought in, and large open spaces where there may be no defined seating. WheelchairSeatingLocations. Assembly areas with fixed seating, e.g. theaters, stadiums, etc., must provide a range of built-in seating locations so people using wheelchairs can choose where to position themselves to view activities or performances. The number of wheelchair locations required is related to seating capacity and, with some exceptions, must be dispersed within conventional seating areas so patrons have a choice of ticket price. These goals also should be met or exceeded in assembly areas where moveable chairs are used for the temporary event. (See Table 2.) Table2:NumberofWheelchairSeatingLocationsRequiredinNewConstruction NumberofRequiredWheelchairSeating CapacityofSeatinginAssemblyAreas Locations 4 to 251 26 to 502 51 to 1504 151 to 3005 301 to 5006 501 to 50006, plus 1 for each 150, or faction thereof 5001 and over36, plus 1 for each 200, of fraction thereof “Classroom”StyleLayouts. Wheelchair seating locations must have additional space between the rows of tables for maneuvering space and for a person using a wheelchair to pull up under a table so others may pass behind. “Theater”StyleLayouts.“Theater” style layouts are commonly used for temporary events. Chairs can be set up in the usual manner, except that clear floor space must be allocated for wheelchair seating locations. Chairs can be strategically eliminated along aisles and at the backor front of seating areas to create spaces so people using wheelchairs can park beside other participants without obstructing pedestrian traffic. OpenAreas.Where there is no fixed or temporary seating and participants are expected to sit on the ground,the most level areas should be designated for accessible seating. These spaces should be held in reserve for a specified period of time before others may occupy those areas. Care must be taken in the placement of cables, supports, and other stage or electronic equipment so accessible routes can be maintained. AccesstoPerformingAreas Access to performing areas is an issue when there are performers or presenters with disabilities or when members of the audience may be expected to come on stage and participate in the presentation. AccessibleRoutetoPerformingAreas.Where performing and viewing areas are at different levels, it may be possible to create a direct route between them using portable ramps or lifts (see “Changes in Ground and Floor Levels,” page 33). Where the audience will not go up to the stage, access for a performer or presenter may be provided via an accessible route through a backstage or other support Page 4 of 7 City of Boynton Beach ADA (Appendix N) area not used by the general public. When audience participation is anticipated, such routes are not ideal because it requires people with disabilities to take a route segregated from other participants. However, in many older facilities this may be the only realistic alternative. Speakers’Platform.A common arrangement for many events is to have several speakers present together at a single table. A speakers’ platform with a typical 30-inch wide and 72-inch long table should be a minimum of 8 feet wide by 16 feet long to allow enough maneuvering room for people using wheelchairs and space for a sign language interpreter. To prevent speakers from accidental falls, place platforms against a wall to eliminate one edge. Locate tables and/or install a curb to eliminate exposed drop-offs of platform edges. Microphones.Table microphones and lapel or lavaliere mikes should be provided for people with mobility disabilities, especially people with limited use of their hands. It might be necessary to raise a mike by placing it on blocks or use a mike stand with a horizontal boom for people using wheelchairs. Eliminating Communications Barriers Eliminating communication barriers to people with sensory disabilities is a fundamental part of making the entire program accessible. AssistiveListeningSystems Peoplewith varying levels of hearing loss make up a large percentage of the population with disabilities. The ADA requires listening systems in assembly spaces where audible communications are integral to the use of the space and an audio amplification system is available. These listening systems pick up voice/music directly from the source and then direct it to the listener who can adjust the volume to their needs. Most listening systems eliminate or reduce background noise so people with special receivers or their own hearing aids can adjust the volume and hear the sound more clearly. The minimum number of receivers needed is based on the seating capacity of the space (see table below). Receivers need only be available for the performance, so it may be possibleto share the receivers between activities and presentations. An efficient system must be established to enable people to check- out and return receivers. Receivers must be provided at no cost to users, but individuals can be required to leave a valid ID ora minimal, returnable deposit to obtain a receiver. The availability of the listening system should be indicated by signage using the international symbol of access for hearing loss (see “Accessibility Symbols” on page 13). Table3.ReceiversforAssistiveListeningSystems MinimumNumberofRequired CapacityofSeatingMinimumNumberofReceivers inAssemblyAreaRequiredReceiversRequiredtobeHearing-aid Compatible 50 or less22 2, plus 1 per 25 seats over 50 seats, 51 to 2002 or fraction thereof 2, plus 1 per 25 seats over 50 seats, 201 to 500 or fraction thereof 20, plus 1 per 33 seats over 500 501 to 1000 1 per 4 receivers, or fraction seats, or fraction thereof thereof 35, plus 1 per 50 seats over 1000 1001 to 2000 seats, or fraction thereof 55 plus 1 per 100 seats over 2000 2001 and over seats, or fraction thereof Page 5 of 7 City of Boynton Beach ADA (Appendix N) There are three types of listening systems currently in use: 1.An audio loop system consists of an amplifier and a wire antenna embedded in the floor or walls or taped to the surface around a designated seating area. It sets up a magnetic field that can be picked up by some users with hearing aids or others wearing a telecoil equipped receiver and an ear piece. There is a new technology known as a 3-D mat that has much less spillover and is less susceptible to electromagnetic interference. 2.Infrared systems use light beams to transmit information to users wearing receivers with neckloops or headphones. Infrared systems offer confidential transmission, but, because infraredlight is present in natural and artificial lighting, well-lit rooms sometimes produce interference. Infrared systems can be used in any seat in the facility, provided the seat has an unobstructed line of sight to the transmitter. 3.FM systems work similarlyto the infrared but operate on FM radio frequencies, do not require an unobstructed line of sight, and are unaffected by sunlight. However, where there are multiple events, different frequencies will need to be used. The FM system collects sound from either a microphone or public address system and then uses a transmitter to send the signals to small receivers. Hearing aid users with “T” (telephone) switches on their hearing aids wear receivers with a neckloop listening attachment which generates a magnetic field picked up by the telecoils. Other users must wear receivers equipped with earphones and a volume control to hear the amplified sounds. FM systems are portable and very reliable. Placement If the listening system serves individual seats, it is recommended that those seats be located within a 50- foot viewing distance of the stage or play area. At this distance, viewers can distinguish facial expressions and pick up other small gestures which help them interpret the actions of performers. A wide variety of options and variables must be considered in planning effective and manageable listening systems for people with hearing disabilities. Manufacturers, organizations of people with disabilities, and service providers are good sources for additional information and advice. SignLanguageInterpreters For many people with limited or no hearing, assistive listening devices are not adequate and a sign language interpreter is needed. Generally, an interpreter is located at the end of the speaker’s table or on a raised step directly behind the speaker. A wide contrasting solid background should be hung behind the interpreter to eliminate visual background clutter and make it easier to see interpreter hand positions. The interpreter should be well-lit and audience members with hearing disabilities must have an unobstructed view or be allowed to sit in front of the interpreter. There are interpreters who are very good at mimicking the facial expressions and gestures of performers. Interpreter “actors” may work well for plays and stage productions to convey the full range of feelings and concepts inherent in an artistic performance. It may be possible that a selected performance of a particular work augmented with such interpreters could be scheduled and publicized ahead of time. TextDisplay Text display is another method of access for people with hearing disabilities. Spoken narrative, song lyrics, or character dialog can be displayed in a variety of ways, including overhead projection, use of electronic text display panels, captions or subtitles. Computer-aided real-time reporting (CART) may be required in situations with no set dialogue. A stenographer types dialogue into a computer, which displays the text on a monitor or screen. At least one showing of videos, films, or slide presentations should be accompanied with captions or subtitles, and these should be publicized ahead of time. AvailabilityofScriptsorTextofPerformance A script of a performance can be made available so it can be read ahead oftime or during the performance. While lacking a real time one-to-one relationship, this approach can be effective for complicated pieces of work, such as plays or operas. Where multiple works are staged, at least a representative performance should be offered with accompanying text. Page 6 of 7 City of Boynton Beach ADA (Appendix N) AudioDescriptions Audio descriptions should be provided for performances that are mostly visual in nature or where key information is visually presented. Descriptions and explanations of visual elements could be recorded on audio cassettes and given out as requested. A one-to-one description could be provided where someone sits with a person who is blind and voices descriptions. SeatingOptions Seating location will be helpful to many people with hearing and vision disabilities. Many people with limited vision can discern much in the way of color, shape, and movement if they can sit close to the performance. Likewise, people with hearing disabilities can effectively see the hand movements of sign language interpreters, displayed text, or the gestures of actors if they are close enough. Some seating in the front rows of assembly areas should be held in reserve for people with hearing and vision loss. Games and Amusement Rides Games are typically offered at most fairs, carnivals, and street festivals. Such activities, by their very nature, are participatory, and should have the same level of both physical and communication access as established for other kinds of participatory activities. Event sponsors and organizers should work with individual vendors to ensure the maximum degree of access. Some games require certain minimum levels of physical ability. For example, a game of ring toss or a turkey shoot requires the participant be able to see and be able to use one or both arms and hands. This game could not be modified to allow someone who could not see or use their arms to participate. However, games must be accessible to the maximum extent feasible. High counters and railings that hold the participants back a prescribed distance from the game are common barriers. The mounting height of operable parts of equipment, e.g., water gun for a marksmanship game, should be considered. Often such heights are chosen because they work well for standing adults. Vendors should consider making at least one of the stations accessible for people using wheelchairs or adults of short stature. Video and other arcade style games such as pinball function essentially like exhibits with controls (see “Exhibits and Displays with Controls,” page38). Many carnival amusement rides are completely inaccessible to people with mobility disabilities and difficult to make accessible. Portable and mobile amusement rides at temporary events are exempt from ADA Standards, but there may be ways to improve access and facilitate participation in some cases (see Chapter 10 of the 2010 ADA Standards for guidance). Concessions Concessions offered by the event organizer and those offered by individual vendors should be accessible. FoodandDrink Many of the ADAspecifications for fixed facilities (restaurants, cafeterias, etc.) can be used in making temporary food service counters, trailers and tables accessible. The height of service counters must not exceed 36 inches. Food and drink offered from mobile trailers may need to install a low folding shelf. While other accommodations may still be needed when actually serving food, condiments and menus can be placed on this auxiliary shelf within easy reach. It also may be possible for event vendors to jointly providea condiment table in or adjacent to nearby eating areas. People with mobility disabilities should be able to reach each area provided for dining and should be able to pull up under at least five percent of the tables. There must be an accessible route to the area and adequate maneuvering space around and under tables. Where there are no tables near eating areas, consider providing one or two and some chairs. Such a courtesy will be helpful for many people with conditions that affect balance or stamina and who have trouble eating while standing or traveling. Taken from the ADA national Network “A Planning Guide For Making Temporary Events Accessible to People with Disabilities” Chapter 4, 2/18/16. Page 7 of 7 The City of Boynton Beach HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (P): 561-742-6275 | (F): 561-742-6274 www.boynton-beach.org Twitter: @BoyntonBeachHR MEMORANDUM TO: FROM: DATE: SUBJECT: America's Gateway to the Gulfstream Cover Page CITY OF BOYNTON BEACH Prepared For 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33435 Presented: 2/19/16 Judith A. Arenz CPCU Area Senior Vice President Tom Gill CIC, CRM, MBA Area Assistant Vice President Agnes Polom, AAI Senior Account Manager Arthur J. Gallagher Risk Management Services, Inc. 2255 Glades Road, Suite #200E Boca Raton, FL 33431 www.ajg.com © 2015 Arthur J. Gallagher & Co. City of Boynton Beach Table of Contents Executive Summary Executive Summary 3 Our Team and Commitment 13 14 Service Team Your Program 15 16 Named Insured Property - Municipality - Lexington Insurance Co 18 Property - Utilities - ACE American Insurance Company 22 Excess Casualty Package - Lloyds of London (BRIT) 26 Excess Workers Compensation - Safety National Casualty Corp 36 Crime - Hannover Insurance Co 39 41 Premium Summary 43 Payment Plans 44 Coinsurance Illustration 45 Changes / Developments Proposal Disclosures 46 47 Proposal Disclosures 49 Insurance Company Ratings and Admitted Status Client Signature Requirements 51 52 Surplus Lines Notice - Florida 53 Coverages For Consideration 54 Client Authorization to Bind Coverage Appendix55 56 Claims Reporting By Policy 57 Bindable Quotations & Compensation Disclosure Schedule Brit Claims Made Forms Brit Corridor Endorsement PML Arthur J. Gallagher Risk Management Services, Inc. 2 City of Boynton Beach Executive Summary Arthur J. Gallagher Risk Management Services, Inc.and your Service Team have prepared this proposal of insurance for renewal of your program effective April 1, 2016. Property -Municipality -Utility Public Entity Excess Liability Excess Workers Compensation Crime Insurance Inland Marine Boiler & Machinery Tenant User Liability (TULIP) Market Conditions Surplus capacity in the insurance sector continue to create competitive pressures on insurers Softness in reinsurance pricing continued through the January renewal, but at a slower rate than through the 2015 January renewal season The industry entered 2015 closed out as another profitable year for the coverall property and casualty insurance sector Initial indications are that many insurers will see results deteriorate considerably from their 2014 results due to premium reductions throughout the 2015 underwriting year Insurers are being forced to find alternate strategies to deliver shareholder value: Mergers and consolidations Exiting / entering lines of business Changing underwriting philosophy Revamping business models Competition is putting downward pressure on pricing, particularly in the commercial property and liability lines. Only a very large and unexpected event (or events), particularly events in the financial markets seem to have the potential to be market-changing. Arthur J. Gallagher Risk Management Services, Inc. 3 City of Boynton Beach Executive Summary Property & Casualty Insurance Industry Return on Equity The industry has been able to attract new capital because generally ROEs have been slugguish across all industry clsses. As ROEs in other industries begin to pcik up, new investment in the insurance insdustry will dry up quickly. Much of the new industry capital is far more tansient than traditional insuarnce investemnts. Alternative Capital as a % of Total Reinsurance Capital Arthur J. Gallagher Risk Management Services, Inc. 4 City of Boynton Beach Executive Summary With interest yields as low as they have been, insurers must underwrite to a profit in order to have a positive ROE. Historical 2 Yr. and 10 Yr.Treasury Yields OTHER NOTEWORTHY TRENDS Drone usage Public Health resource constraints at the County/State level Increased frequency of severity in certain judicial areas and around certain claim types (civil rights / excess force) Wrongful incarceration claims Death in custody claims Issue around the aging of public entity infrastructures Some markets looking to impose BI/PD aggregates onto their forms Sexual abuse/molestation claims Concussive injury in sports within education and parks and recreation context is also gaining momentum, with some carriers mandating exclusionary language, and also addressing coverage trigger implications with losses occurring over multiple policy years CYBER/PRIVACY LIABILITY This product continues to be highly publicized due to significant breaches, regulatory enforcement actions with hefty fines and penalties, and constant hacker threats. New carriers continue to enter the space and longer term players are updating and broadening their policy forms. BUSINESS E-MAIL COMPROMISE (BEC) Industries sent spoofed e-mail to trick employees into making unauthorized transfer of funds, generally through wire transfer. Crime Insurance policies exclude this type of loss unless coverage is specifically included in the policy language or by endorsement. Arthur J. Gallagher Risk Management Services, Inc. 5 City of Boynton Beach Executive Summary 2015 Accomplishments Premium Results Premium savings of $69,499.13 or 6.6% Coverage Enhancements: All perils deductible reduced to $25,000 Boiler &Machinery included in the Municipal and Utility property program reducing cost by $7,334 TULIP converted to online program and paid direct bythe tenantuser. Eliminated $5,000 deposit previously paid by the City. Claim Advocacy: Participated in claimreviews. Instrumental in facilitating revised Third Party Administrator (TPA)agreement. Facilitated communication on the status and continued negotiation on alarge settlement with excess carrier. Advocating on the Citys behalf to support the efforts ofpositive settlements on several open claims. 2016 Renewal Goals Evaluate program structure and make necessary changes that influence positive results. Negotiate lower costs based on current market conditions. Prepare catastrophe modeling to include the primary perils of Windstorm and the secondary perils of Storm Surge and Loss Amplification using the RMS Stochastic Event Data Set. The Loss Estimates produced will help the City of Boynton Beach: -Identify areas of exposure concentration -Identify locations that contribute the most to modeled loss estimates -Understand hurricane (named storm) loss potential Continue to provide Claims Advocacy and Loss Control support and assistance. A new version of INSIGHT isbeing implemented for the Citys access to Gallaghers secure online data base. Arthur J. Gallagher Risk Management Services, Inc. 6 City of Boynton Beach Executive Summary Catastrophic Windstorm Modeling The RMS model is widely held as the industry standard and this years results shows a slight decrease in probable maximum loss. This would suggest that your named wind limits are at least in line with the hundred year event. 2016Municipal Program Catastrophic Modeling Results: Ground UP = loss is the amount of loss sustained before deductions, underlying coverages and reinsurance are applied. According to RMS RiskBrowser, there is a 1.00% annual probability (a.k.a. the 100 year event) that a single hurricane event will cause losses that will exceed $8,080,504. According to AIR, there is a 1.00% annual probability (a.k.a. the 100 year event) that a single hurricane event will cause losses that will exceed $17,091,968. CriticalReturnAIRv3.1RMSv15.0 Prob.Period GroundGross GroundGross UpLossUpLoss $75,694,565 $70,721,359 $27,943,406 $25,844,162 0.10%1,000 $56,144,381 $51,166,093 $20,697,993 $18,928,566 0.20%500 $37,000,265$32,143,006$14,669,045$13,182,654 0.40%250 $17,091,968 $12,775,062 $8,080,504 $6,919,330 1.00%100 $8,661,183 $5,190,172 $4,157,125 $3,199,591 2.00%50 $3,059,025 $1,274,341 $850,120 $122,853 5.00%20 $818,088$582,858$307,551$238,667 AAL 2015Municipal Program Catastrophic Modeling Results CriticalReturnAIRv16.0RMSv 13.0 Prob.Period GroundGross GroundGross UpLossUpLoss $73,287,538 $68,317,812 $31,765,120 $29,476,558 0.10%1,000 $55,953,457 $51,057,704 $24,165,639 $22,242,103 0.20%500 $34,904,468$30,110,643$17,643,192$15,986,081 0.40%250 $16,461,646 $12,235,382 $10,237,368 $8,885,498 1.00%100 $8,294,903 $4,962,381 $5,578,801 $4,473,305 2.00%50 $2,860,421 $1,191,217 $1,288,978 $455,140 5.00%20 $783,329$555,688$390,223$305,993 AAL Arthur J. Gallagher Risk Management Services, Inc. 7 City of Boynton Beach Executive Summary Recommended Renewal Program: 2014-20152015-20162016-2017Variance Limits Municipal Property: Loss Limit$90,000,000 $90,000,000 $90,000,000 Named Storm Limit$10,000,000 $10,000,000 $10,000,000 Utilities Property: Loss Limit$63,370,298 $62,370,298 $62,397,016 Named Windstorm Limit$30,000,000 $30,000,000 $30,000,000 Exposures Total Insurable Values: Municipality$97,932,276 $99,705,041 $99,735,041<1% Utilities$62,370,298 $62,370,298 $62,397,016<1% Premium Municipality $500,000.00$458,148.00$418,000.00 Taxes, Assessments and Fees$11,504.00 $4,585.47$4.00 Municipality Total$511,504.00 $462,733.47$422,000.00-8.8% Utilities$197,000.00 $177,300.00 $159,638.00 Taxes & Fees$6,111.00 $1,777.00 $4.00 Engineering Fee$4,000.00 $4,000.00 $4,000.00 Utility Total$207,111.00 $183,077.00 $163,642.00-10.6% Public Entity Excess Liability$210,700.00 $209,900.00 $209,000.00 Excess Workers Compensation$123,586.00 $129,656.00 $124,854.00 Required Fees, Taxes & Assessments$2,739.10 -0--0- Public Entity Excess Liability Total$337,025.10 $339,556.00$334,754.00-1.4% Crime Insurance$2,500.00 $3,307.00$3,307.00 Required Fees, Taxes & Assessments$32.50 -0--0- Crime Insurance Total$2,532.50 $3,307.00$3,307.000% -6.6% Grand Total $1,058,172.60$988,673.47$922,803.00($65,870.47) Notes of Importance: (1)Citizens Assessment has been discontinued in 2015 (2)Inland Marine Hull renews on October 1, 2016 (3)Public Entity Excess Liability Package terms are detailed on the following page (4)Excess Workers Compensation includes a two (2) year rate agreement (5)Crime additional options are detailed on the following page Arthur J. Gallagher Risk Management Services, Inc. 8 City of Boynton Beach Executive Summary EXCESS LIABILITY PROGRAM Liability Loss Update: The law enforcement department has seen some significant claim activity in the last few years. weare highlighting the below reserve adjustments recently updated from the excess carrier. The first claim has recently closed. The last claim is new and a reserve has not been set at this time. There are also some potential claims on the horizon that wehave been discussing in claim reviews. ACCIDENT TOTAL DATELOSS DESCRIPTIONINCURRED 10/15/2014$1,247,013 Officer in jail for sexual assault 8/20/2014$625,000 Claimant alleges injuries sustained when beaten by police during arrest 4/10/2013$250,000 Alleging false arrest / false imprisonment 4/9/2015$40,000 Lawsuit files against the City / Whistleblower case Loss Control Strategy and Conditions: We areworking with the excess carrier to address the recent claims. The carrier has suggesteda formal strategy and partnership in preventing further claims. The subjectivities of the proposed quote are as follows: Before July 1, 2016, Randy Means is to review City of Boynton Beach Police Department's policies and procedures Top to Bottom and provide guidance in written format to suggest changes, improvements and commendations, if any. We are including $10,000 in loss control funds to be contributed toward this review. Mr. Means is to identify 3 Training Modules from Brit's TEAM platform that are mandatory for every officer to complete within 60 days of his report. Prior to October 1, 2016, Brit will meet with the risk manager via conference call or in person to follow-up on the P&P review and provide an overview of TEAM for police and all other facets of their organization Prior January 1, 2017 Brit will Follow-up to obtain feedback on our services and the TEAM platform. Terms and Conditions: Through our negotiations with the current carrier, it was determined the best approach to addressing the main loss driver is loss control and this will allow the premiumimpact to be kept to a minimum. Theprogram is modifiedasdetailed below and in the diagram on the following pages: TERMEXPIRINGRENEWAL Law Enforcement $500,000and $200,000 Liability SIR$500,000 Corridor(disappearing deductible) $4,000,000 Law Enforcement / Public $2,000,000 Law Enforcement / Public Excess Liability OfficialsOfficials/ General Liability Aggregate Limit $6,000,000 General Liability(Per Line of Coverage) Corridor Retention: The corridorretention option provides self-funded savings while protecting the Cityfrom potential shock losses. The City shall retain the first $500,000 of each and every occurrence. Any occurrences which exceed the $500,000 self-insured retention will erode the annual corridor (aggregate deductible), by the amount of the loss excess of $500,000. Once the cumulative per occurrence losses excess of $500,000 have fully eroded the $500,000 corridor (annual aggregate deductible),then only the $500,000 self-insured retention shall continue to apply on a per occurrence basis. Arthur J. Gallagher Risk Management Services, Inc. 9 City of Boynton Beach Executive Summary EXCESS LIABILITY PROGRAM (CONTINUED) Lloyds of London (Brit) free risk management services: Brit package clients receive access -at no cost -to the BRIT Insurance TEAM risk management platform at Brit's expense (a regular value of at least $30,000 annually). The BRIT Insurance TEAM platform is a robust online resource offering: You Pick 3 web-based training courses from a list of approximately 30 courses covering areas such as employment practices liability, leave-related laws, workplace risk management, human resources, and youth-related risks. Weekly training bulletins and articles about new and/or updated matters of interest. Comprehensive model handbook. Self-guidedhumanresourcesassessments. Self-guidedhumanresourcesassessments. Built-inmanagementtoolstotrackandrunreportsonusage(e.g.,completionoftraining). Built-inmanagementtoolstotrackandrunreportsonusage(e.g.,completionoftraining). Customizabilityto: have your logo on the landing page ... upload your own policies and procedures ...determine the access levelsfor all users. Much, much more -all free of charge to you -just visit www.britinsurance.com/team These services are an extension of Brit's partnership with our clients. We recognize the need for customized risk management tools, and we provide the BRIT Insurance TEAM platform to you with our compliments to help you manage risk. PROPERTY PROGRAM We were successful in negotiating a strong reduction based on market and modeling factors. EXCESS WORKERS COMPENSATION Safety National has provided a renewal with a 4% rate decrease. Presumptive claims continue to concern the excess markets. The program remains as expiring providing statutory coverage above the self-insured retentions $850,000 per occurrence retention for police and firefighter exposures $500,000 per occurrence retention for all other employees The carrier is offering a two (2) year rate guarantee Safety National -Value-Added Risk Control Services Through our MAP Client Services, Safety National offers various resources to help policyholders improve their risk management, analysis and prevention efforts. Typically provided complimentary to the policyholder, these services and resources are designed to help improve workplace safety, prevent injuries before they occur and measure/analyze the success of risk management programs. We are constantly adding risk control offerings designed specifically for the public sector. S:ERVE S:ERVE is an online driver simulation and curriculum created to educate law enforcement, firefighters and EMS personnel to drive at their safest in emergency response scenarios to help reduce collision rates. CRIME We are in the second year of a three year program, andare providingsome optionsthat address Social Engineering claims subject to the following confirmation 1.Please confirm if you authenticate all vendor/supplier email, phone and text requests to change vendor/supplier bank account information with a call back to a pre-determined vendor/supplier contact and number on file with your company? 2.Do you authenticate all internal wire transfer requests from employees (inclusive of requests by owners) with a call back to their work number and verbal confirmation? 3.Are employees, particularly those that are responsible for wire transfers or that have access to company assets, provided with anti-fraud training to include how to detect phishing, spear phishing and other fraudulent social engineering schemes? OptionCoverageLimitDeductibleAdditional Premium Computer Fraud and $50,000$1,000 Funds Transfer Fraud 1$416 Social Engineering$5,000$500 Computer Fraud and $50,000$1,000 Funds Transfer Fraud 2 $458 Social Engineering$10,000$1,000 Arthur J. Gallagher Risk Management Services, Inc. 10 City of Boynton Beach Executive Summary CASUALTY PROGRAM DIAGRAMS Expiring 2015-2016 Program Proposed 2016-2017 Program Arthur J. Gallagher Risk Management Services, Inc. 11 City of Boynton Beach Executive Summary Marketing We aggressively marketed the casualty lines based to consider options depending on the response to the recent large claim settlement. We then discussed the claim updates during the process. There was no clear opportunity to improve the Citys program pricing or terms. CoverageCarrierStatusResponse BRITIncumbentQuoted NewIndication of $260,000 after claims update Excess Liability Munich Rewould prefer to pre-inspect the police operation Old RepublicNewIndication of $300,000 prior to claims update Safety NationalIncumbentQuoted ArchNewCould not meeting expiring rate or improveSIR Excess Workers Compensation NewCould not improve SIR and would need detailed risk management information in order to compete Midlandswith currentrate Recommendation: Arthur J. Gallagher recommends renewal of the Citys insurance program as proposed. There are modificationsto the terms and conditions for the excess liability program based on the recent loss experience. We have negotiated strong pricing reductions in the Excess PropertyProgram. The Excess Workers Compensation has a slight reduction witha two year rate commitment.Also, for the Crime Insurance coveragewe have included an option to cover losses from social engineering and (BEC) Business Email Compromise. Gallagher will continue to work your risk management department to facilitate the partnership with the carrier. This will include the loss control activities and the continuation of our claim advocacy services. Andrea Tomasek, your Gallagher Claim Advocate, will continue to facilitate ongoing claim reviews and be involved with the large claims. We appreciate the opportunity to be of service and continue as your risk management partner. Judith A. Arenz th February, 192016 Table of Contents Arthur J. Gallagher Risk Management Services, Inc. 12 City of Boynton Beach Our Team and Commitment Our Team and Commitment City of Boynton Beach Service Team Service Team Judith A. Arenz has primary service responsibility for your company. We operate using a team approach. Your Service Team consists of: NAME / TITLEPHONE /ALT. PHONEEMAIL Judith A. Arenz, CPCU 561-998-6780 judy_arenz@ajg.com Area Senior Vice President Tom Gill, CIC, CRM, MBA 561-998-6812 tom_gill@ajg.com Area Assistant Vice President Agnes Polom 561-998-6799 agnes_polom@ajg.com Client Service Supervisor Aimee Bell 561-998-6817 aimee_bell@ajg.com Client Service Associate Senior Dave Marcus 305-639-3131 dave_marcus@ajg.com Area Chairman Andrea Tomasek 561-998-6757 andrea_tomasek@ajg.com Claims Advocate Arthur J. Gallagher Risk Management Services, Inc. Main Office Phone Number: (561) 995-6706 Arthur J. Gallagher Risk Management Services, Inc. 14 City of Boynton Beach Your Program Your Program City of Boynton Beach Named Insured Named Insured NAMED INSUREDLINE OF COVERAGE City of Boynton Beach All Lines of Coverage included in this proposal Note: Any entity not named in this proposal may not be an insured entity. This may include partnerships and joint ventures. Arthur J. Gallagher Risk Management Services, Inc. 16 City of Boynton Beach Location Schedule Market Place Review LINE OF COVERAGELOCATION ADDRESS PropertyMultiple Locations Per Statement of Values on file with carrier Arthur J. Gallagher Risk Management Services, Inc. 17 City of Boynton Beach Program Details Coverage:Property -Municipality Carrier:Lexington Insurance Company Policy Period:4/1/2016 to 4/1/2017 The following is a general summary of the Insuring Agreement. Refer to actual policyform for complete terms and conditions. DESCRIPTIONLIMITBASED ON TIV Policy Limit $90,000,000$99,735,041 This is a Scheduled Policy VALUATION Replacement Cost as respects Real and Personal Property Actual Loss Sustained as respects Business Income and as further describes in the policy form / Per the Lexington Insurance Company Manuscript Domestic Property Policy Form (PR8371) Perils Covered: TYPEDESCRIPTION All Risks of Direct Physical Loss or Damage including Flood,Earth Movement and Equipment Special Form Perils Breakdown/Boiler & Machinery and as further described in the approved policy form Deductibles/SIR: Each claim for loss or damage under this policy shall be subject to a per occurrencedeductible amount of $25,000, unless a specific deductible shown below applies Flood Per Occurrence Except; $100,000 5% of the total values at the time of loss at each location involved in the loss, subject to a $1,000,000 minimum of -Per Occurrence Earth Movement-Per Occurrence $25,000 Windstorm-Per Occurrence, except 5% Of the total insurable values at the time of loss or damage at each location involved in $100,000 the loss or damage arising out of a Named Storm subject to a minimum of -$100,000 Any one occurrence Equipment Breakdown: EXCEPT: Transformers/MEA: $1.50 Per KVA, $50,000 minimum A/C and Refrigeration Systems: $25.00 Per Horsepower, $5,000 minimum$5,000 ICE/Generator units: $25.00 per KW, $5,000 minimum Time Element: 24 Hours If two or more deductible amounts provided in this policy apply to a single occurrence, the total to be deducted shall not exceed the largest deductible applicable unless otherwise stated in the policy. However, if: 1. The Time Element deductible and another deductible apply to a single Occurrence, then the Company shall apply both deductibles to the Occurrence; and 2. Covered Loss or Damage by Flood arises out of a Named Storm, then the Company shall apply the Flood deductible or the Named Storm deductible, whichever is greater. Arthur J. Gallagher Risk Management Services, Inc. 18 City of Boynton Beach Program Details (Cont.) Additional Coverage: DESCRIPTIONSUBLIMIT Sub-limits / Per Occurrence (are part of not in addition to the policy limit): Per Occurrence and Annual Aggregate for the peril of Earth Movement$5,000,000 Per Occurrence and Annual Aggregate for the peril of Flood except; Per Occurrence and Annual Aggregate for the peril of Flood occurring wholly or partially within Special Flood Hazard Areas (SFHA), areas of 100-Year Flooding, as defined by the $5,000,000 Federal Emergency ManagementAgency (FEMA); The Per Occurrence and Annual Aggregate Limit for the Peril of Flood shall not exceed $5,000,000. Per Occurrence for the peril of Named Storm(a storm that has been declared by the National Weather Service to be a Hurricane, Typhoon, Tropical Cyclone, Tropical Storm or Tropical Depression) in Florida, regardless of the number of Coverages, Locations or Perils involvedincluding but not limited to, all Flood, (however caused) wind, wind gusts, storm surges, tornados, cyclones, hail or rain. In the event covered Loss or Damage by Flood $10,000,000 arises out of a Named Storm, the maximum amount the Company will pay per Occurrence for all such Lossor Damage by Flood shall be the Sublimits of Liability for Flood. However, if Flood is not covered, the maximum amount the Company will pay per Occurrence for all such Loss or Damage by Named Storm shall exclude Loss or Damage by Flood. The Per Occurrence Limit for thePeril of Named Storm shall not exceed $10,000,000. Per Occurrence for Debris Removal or 25% of loss, whichever is less$2,500,000 Per Occurrence for Accounts Receivable$500,000 Per Occurrence for Civil or Military Authority 30 Days Subject to maximum of $1,000,000 Per Occurrence for Civil or Military Authority Per Occurrence and Annual Aggregate for Biological and Chemical TerrorismNot Covered Per Occurrence for Contingent Time Element$1,000,000 Per Occurrence for Demolition and Increased Cost of Construction: Demolition Coverage A (For the loss invalue of the undamaged portion of the building as a $1,000,000 consequence of enforcement of an ordinance or law that requires demolition of undamaged parts of the same building) Per Occurrence for Demolition and Increased Cost of Construction: Demolition Coverage B (For the cost to demolish and clear the sire of undamaged parts of $1,000,000 the same building, as a consequence of enforcement of an ordinance or law that requires demolition of such undamaged property) Per Occurrence for Demolition and Increased Cost of Construction: Demolition Coverage C (For the increased cost of repair or reconstruction of the damaged and undamaged property on the same or another site, limited to the cost that would have been incurred in order to comply with the minimum requirements of such law or ordinance$1,000,000 regulating the repair of reconstruction of the damaged property of the same site. However, this Company shall not be liable for any increased cost of construction loss unless the damaged property is actually rebuilt orreplaced) Per Occurrence for Electronic Data and Media$500,000 Per Occurrence for Spoilage$100,000 Per Occurrence for Errors and Omissions$1,000,000 Extended Period of Indemnity180 Days Arthur J. Gallagher Risk Management Services, Inc. 19 City of Boynton Beach Program Details (Cont.) Additional Coverage: DESCRIPTIONSUBLIMIT Per Occurrence for Extra ExpenseIncluded Per Occurrence for Fine Arts$500,000 Per Occurrence for Fire Brigade Charges$25,000 30 Days subject to Per Occurrence for Ingress / EgressMaximum of $1,000,000 Per Occurrence for Leasehold Interest$500,000 Per Occurrence and Annual Aggregate for Limited Pollution Coverage$25,000 Per Occurrence for Miscellaneous Unnamed Locations$1,000,000 Per Occurrence for Newly Acquired Property for a period of 90 days, if not reported to the $2,000,000 Company in that 90 day period then coverage ceases. Per Occurrence for Ordinary PayrollNot Covered Per Occurrence for Professional FeesNot Covered Per Occurrence for Service Interruption. A qualifying period of 48 hours applies to this $100,000 coverage Per Occurrence for Transit$100,000 Per Occurrencefor Valuable Papers and Records$500,000 Per Occurrence for Parked Auto Physical Damage, excluding over the road exposure $500,000 Per Occurrence for Outdoor Property, except $10,000 for Trees, Plants, Shrubs, subject to $50,000 $250 for any one tree, shrub or plant Per Occurrence and Annual Aggregate for Mold as a result of a named peril$500,000 Per Occurrence for Property of Others$10,000 Per Occurrence for Signs$20,000 Per Occurrence for Inventory and Appraisal of Loss$2,500 Per Occurrence for Reward reimbursement$5,000 Per Occurrence for Lock replacement$1,000 Per Occurrence for Fire Extinguisher Recharge$2,500 Per Occurrence for Property off Premises$25,000 Per Occurrence for Personal Effects per person$5,000 BOILER & MACHINERY Per occurrence for the peril of Equipment Breakdown$50,000 Time Element$3,488,713 Contingent Time Element$1,000,000 Hazardous Substances$1,000,000 Demolition and Increased Cost of Construction$1,000,000 Demolition Coverage B$1,000,000 Arthur J. Gallagher Risk Management Services, Inc. 20 City of Boynton Beach Program Details (Cont.) Additional Coverage: DESCRIPTIONSUBLIMIT Demolition Coverage C$1,000,000 Electronic Data and Media$500,000 Spoilage$100,000 Extra Expense$250,000 Newly Acquired Property$2,000,000 Service Interruption$25,000 Upgrade to GreenExcluded Exclusions include, but are not limited to: DESCRIPTION Earth Movement, Flood, War Exclusion Government Action, War & Terrorism Exclusion Nuclear Hazard, Power Failure Economic Sanctions Exclusion Other Significant Terms and Conditions/Restrictions: DESCRIPTION 1. Policyholder Disclosure Notice of Terrorism Insurance Coverage (Applicable to Certifiedand Non-Certified Acts) 2. Terrorism Exclusion Endorsement applies if coverage is rejected or Terrorism Premium Charge Endorsement with Exclusion for Biological and/or Chemical Terrorism applies if coverage is accepted 3. 110% Margin Clause 4. Economic Sanctions Endorsement PR4225 (07/13) 5. Lexington Historical Endorsement applies for Old Boynton Beach High School Cancellation: 90 Days Notice of Cancellation except 10 days for non-payment of premium Any New locations in AK, CA, FL, HI and TX will be underwritten and rated in accordancewith our guidelines at the time we are requested to add them 35% Minimum Earned Premium Binding Requirements: DESCRIPTION Subject To Receipt Of Signed Statement of Values Subject To Receipt Of Signed terrorism Disclosure Premium$418,000.00 ESTIMATED PROGRAM COST$422,000.00 FIGA$4.00 Terrorism/TRIA (Optional)$1,931.00 Arthur J. Gallagher Risk Management Services, Inc. 21 City of Boynton Beach Program Details (Cont.) Coverage:Property -Utilities Carrier:ACE American Insurance Company Policy Period:4/1/2016 to 4/1/2017 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. DESCRIPTIONLIMIT $ 62,047,016Property Damage $ 100,000 Business Interruption Policy Limit$ 250,000 Extra Expense $ 62,397,016Total Insured Value VALUATION This companys Liability for loss under this policy for real and personal property (excludingstock) shall not exceed the smallest of the following amounts: 1. The amount of this policy. 2. The replacement cost of property or any part thereof, identical with property described herein, at the same location and intended for the same occupancy and use. 3. The amount actually and necessarily expended in repairing or replacing the property described herein, or any part thereof, at the same location, or another location, and intended for the same occupancy and use. 4. Actual Cash Value if the property is not repaired or replaced within 2 years. 5. Time Element Coverages: Actual Loss Sustained Perils Covered: TYPEDESCRIPTION All Risks of Direct Physical Loss or Damage covering Special Form PerilsProperty Damage, Business Interruption, Extra Expense and Boiler & Machinery Arthur J. Gallagher Risk Management Services, Inc. 22 City of Boynton Beach Program Details (Cont.) Deductibles/SIR: COVERAGEAMOUNT All deductibles listed below are per occurrence except with respect to coverage provided under the Boiler & Machinery (if provided) which shall be any one accident Property Damage Except $25,000 Well Houses $10,000 Flood: 5% of the Property Damage Total Insured Value of the damaged locations involved in the occurrence, subject to a minimum of $500,000 Named Windstorm: 5% of the Property Damage Total Insured Valueof the locations involved in the occurrence, subject to a minimum of $500,000 Time Element (Including but not limited to): Business Interruption -Per Occurrence5 Days Extra Expense -Per Occurrence5 Days Off-Premises Power -Per Occurrence5 Days As respects real and personal property, all claims for loss, damage or expense arising out of any one occurrence shall be adjusted as one claim and from the amount of each such adjusted claim there shall be deducted the sum stated on the Declarations Page Deductibles for Property Damage and Time Element shall be applied separately. DESCRIPTIONSUBLIMIT Sublimits are per occurrence unless shown otherwise. The sublimits below are part of and not in addition to the Policy Limit of Liability. Sublimits are 100% and are subject to Starr Tech percentage participation. Named Windstorm$30,000,000 Earth Movement $5,000,000 Flood Annual Aggregate$5,000,000 Flood (Zone A or V) and all subzones including Storm Surge$1,000,000 Automatic Coverage$1,000,000 Demolition/Increased Cost of Construction$1,000,000 Course of Construction$500,000 25% of the loss (whichever is greater) for Debris Removal$500,000 Contractors Equipment$500,000 Unnamed Locations$500,000 EDP Media and Equipment$250,000 Expediting Expense$250,000 Off-Premises Power$250,000 Transit$250,000 Temporary Removal of Property$250,000 Off Premises Foam and Fire Fighting Expense$100,000 Business Interruption$100,000 Arthur J. Gallagher Risk Management Services, Inc. 23 City of Boynton Beach Program Details (Cont.) DESCRIPTIONSUBLIMIT Sublimits are per occurrence unless shown otherwise. The sublimits below are part of and not in addition to the Policy Limit of Liability. Sublimits are 100% and are subject to Starr Tech percentage participation. Extra Expense$250,000 Pollution Cleanup-Real and Personal Property$100,000 Boiler & Machinery Sublimits: Ammonia Contamination$100,000 Expediting Expense$100,000 Hazardous Substance$100,000 Water Damage$100,000 Consequential Damage$100,000 Endorsements & Exclusions include, but are not limited to: DESCRIPTION a. Ace USA Property Declarations b. Common Policy Conditions c. Commercial Property Conditions d. OFAC Endorsement e. Agreed Amount-PO Endorsement f. Agreed Amount-Bl Endorsement g. Authorities Endorsement. h. Automatic Coverage (Newly Acquired) Endorsement i. Biological or Nuclear Exclusion j. Boiler & Machinery Endorsement k. Contractors Equipment Endorsement l. Data Distortion/Corruption Exclusion m. Earth Movement Endorsement n. Electronic Data Processing Endorsement o. Extra Expense Endorsement p. Flood Endorsement q.Increased Cost of Construction & Demolition Endorsement r. Millennium Endorsement s. Mold Exclusion t. Political Risk Exclusion u. Replacement Cost Endorsement Arthur J. Gallagher Risk Management Services, Inc. 24 City of Boynton Beach Program Details (Cont.) Endorsements & Exclusions include, but are not limited to: DESCRIPTION v. Terrorism Endorsements/Exclusions (If coverage is Accepted/Declined) w. Transit Endorsement x. Unnamed Location Endorsement y. Wind (Named Storms) Definition z. State Amendatory Notices aa. Claims Notification Conditions: DESCRIPTION Business Interruption coverage shall only apply to the main water treatment locations. 72 Hour Occurrence Definition applies to Wind, Flood, Earthquake and Riot. Transmission and Distribution lines located beyond 1,000 feet of any insured premises are excluded Concrete reservoirs and underground pipes and pipelines are covered at Locations covered by this policy Signed Statement of Property Values and Terrorism Forms to be provided within 30 days of effective date. Agreed Amount with coinsurance waived Binding Requirements: DESCRIPTION Subject To Receipt Of Signed Statement of Values to be provided within 30 days of effective date Signed TRIA /Terrorism Premium$159,638.00 ESTIMATED PROGRAM COST$163,642.00 Engineering Fee$4,000.00 FIGA$4.00 TRIA/Terrorism (Optional)$3,107.00 Arthur J. Gallagher Risk Management Services, Inc. 25 City of Boynton Beach Program Details (Cont.) Public Entity Casualty Package -Comprehenive General Liability -Underwriters at Lloyd's London Coverage:Public Entity Casualty Package General Liability Carrier: Underwriters at Lloyd's London Policy Period: 4/1/2016 to 4/1/2017 COVERAGESECTION IIFORM TYPERETROACTIVE DATE General Liability OccurrenceNot Applicable Sexual Harassment Sexual Abuse Coverage: DESCRIPTIONLIMIT $2,000,000 Limit of Liability (All Coverages Combined) Per Occurrence excess the self-insured retention $2,000,000 Aggregate Limit (All Coverages Combined) Annual Aggregate Premises Medical Payments:Excluded Additional Coverage: DESCRIPTIONLIMIT Sexual Harassment:$2,000,000/$2,000,000 Sexual Abuse:$2,000,000/$2,000,000 DEDUCTIBLE / SIR: SIRAMOUNT Self-Insured Retention -Per Occurrence$200,000 Endorsements include, but are not limited to: DESCRIPTION Public Entity Package Wording (11/11) -Occurrence Indemnification Form Arthur J. Gallagher Risk Management Services, Inc. 26 City of Boynton Beach Program Details (Cont.) Coverage includesbut not limited to: DESCRIPTION Premises/Operations Product/Completed Operations Host and/or Liquor Liability Volunteer Workers Personal Injuryand Advertising Injury Fire Legal Liability EMTs/Paramedic Liability Employees and Volunteers as Assureds Incidental Medical Malpractice Pollution from Hostile Fire Property in the Care, Custody, Control Non-Owned Aircraft Exclusions include, but are not limited to: DESCRIPTION Assault and Battery, except to protect persons or property Ownership, loading or unloading, maintenance, or use of watercraft over 26 feet in length, except operations performed by independent contractors Ownership, loading or unloading, maintenance, or use of aircraft except operations performed by independent contractors Property owned by the insured Asbestos-related claims Pollution Liability Nuclear Liability ERISA War Inverse Condemnation, Eminent Domain, Adverse Possession or Condemnation Proceedings Terrorism Mold Arthur J. Gallagher Risk Management Services, Inc. 27 City of Boynton Beach Program Details Coverage:Public Entity Casualty Package -Automobile Liability Carrier:Underwriters at Lloyd's London Policy Period:4/1/2016 to 4/1/2017 DESCRIPTIONSECTION IIILIMIT $2,000,000 / per Occurrence per occurrence excess the Limit of Liability: self-insured retention / No Aggregate All Coverages under Section I (Property) combined Auto Physical Damage$1,000,000 Flood and Surface Water$1,000,000 $1,000,000 Annual Aggregate Earthquake$1,000,000 $1,000,000 Annual Aggregate Named Windstorm$1,000,000 Deductibles/SIR: SIRAMOUNT Liability SIR $200,000 Physical Damage SIR $10,000 Coverage: DESCRIPTION Permissive Users Owned Autos Hired / Non Owned Autos Endorsements/ Exclusionsinclude, but are not limited to: DESCRIPTION Property owned by the insured Employee bodily injuries covered under any Workers Compensation or similar law Racing, demolition contest, or stunting activities Medical Payments Uninsured/Underinsured Motorists Terrorism Mold Flood & Surface Water Earthquake Windstorm Automobile Physical Damage -Valuation is Replacement Cost for schedule vehicles on file with underwriters. Arthur J. Gallagher Risk Management Services, Inc. 28 City of Boynton Beach Program Details (Cont.) ublic Entity Casualty Package -Public Officials -Underwriters at Lloyd's London Coverage:Public Entity Casualty Package -Public Officials Carrier:Underwriters at Lloyd's London Policy Period:4/1/2016 to 4/1/2017 Form Number: Public Entity Package Wording Claims-Made (11/11) COVERAGESECTION IVFORM TYPERETROACTIVE DATE Public Officials Errors & Omissions EPLClaims Made4/1/2013 Sexual Harassment Sexual Abuse Claims Made Coverage: Should you elect to change carriers (if a new retro-active date is provided) or non-renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within (Refer to Policy Form) days of the expiration date. The cost of this extended reporting period is \[Refer to Policy Form\]% of the annual premium and is fully earned. The extended reporting period extends only to those claims that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within (Refer to Policy Form\]) days of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions Coverage: DESCRIPTIONLIMIT $2,000,000 Per Occurrence excess the self-insured Limit of Liability-(All Coverages Combined): retention Aggregate (All Coverages Combined):$2,000,000 Annual Aggregate COVERAGE INCLUDES Subject to the following sublimits/annual aggregates which are part of and not in addition to the combined Section IV limit and annual aggregate: Errors & Omissions $2M/$2M Annual Aggregate Employment Practices Liability $2M/$2M Annual Aggregate Sexual Harassment Liability $2M/$2M Annual Aggregate Sexual Abuse Liability $2M/$4M Annual Aggregate Definition of Claimand Defense Cost: DESCRIPTION Refer to attached policy form Incident or Claim Reporting Provision: DESCRIPTION Refer to attached policy form Arthur J. Gallagher Risk Management Services, Inc. 29 City of Boynton Beach Program Details (Cont.) Extended Reporting Period (ERP) Options*: DESCRIPTION Refer toattached policy form *If ERP coverage is desired, then that request must be in writing to the carrier Exclusions include, but are not limited to: DESCRIPTION Intentional breach of contract Loss resulting from a wrongful act committed prior to theretroactive date Any claim brought as a counter claim or cross claim by an assured against any other assured Any claim based upon or attributable to the rendering or failure to render any opinion, treatment, or service unless acting within the scope of their duties as an assured Any claim arising out of any pending or prior litigation or hearing, as well as future claims arising out of any pending or prior litigation or hearing Claim, demands or actions seeking relief or redress in any form other than monetary damages Terrorism Mold Coverage:Public Entity Casualty Package Employee Benefits Liability Carrier:Underwriters at Lloyd's London Policy Period:4/1/2016 to 4/1/2017 Form Type: RETROACTIVE COVERAGESECTION VIFORM TYPE DATE Employee Benefits LiabilityPublic Entity Package Claims Made4/1/2013 Wording Claims-Made (11/11) Coverage: DESCRIPTIONLIMIT $2,000,000 per occurrence excess the self-insured Limit of Liability: retention Aggregate Limit:$2,000,000 annual aggregate Deductibles/SIR: COVERAGEAMOUNT Self-Insured Retention: $200,000 per occurrence Arthur J. Gallagher Risk Management Services, Inc. 30 City of Boynton Beach Program Details (Cont.) Definition of Claim& Defense Costs: DESCRIPTION Refer to attached policy form Incident or Claim Reporting Provision: DESCRIPTION Refer to attached policy form Extended Reporting Period (ERP) Options*: DESCRIPTION Refer to attached policy form *If ERP coverage is desired, then that request must be in writing to the carrier. Exclusions include, but are not limited to: DESCRIPTION Any negligent acts, errors, or omissions which are dishonest, fraudulent, criminal, or malicious. Bodily Injury, Personal Injury, or Property Damage. Any claim based upon the insureds failure to comply with ERISA or any similar federal, state, or local law. Any claim based upon failure of investments, including stocks and bonds, to perform as represented by the insured. Loss resulting from any negligent acts, errors or omissions committed prior to the retroactive date. Terrorism Mold Arthur J. Gallagher Risk Management Services, Inc. 31 City of Boynton Beach Program Details Coverage:Public Entity Casualty Package -Law Enforcement Activity Carrier:Underwriters at Lloyd's London Policy Period:4/1/2016 to 4/1/2017 Form Number:Public Entity Package Wording (11/11) -Occurrence Form Type: COVERAGESECTION VIIIFORM TYPE Law Enforcement ActivitiesOccurrence DESCRIPTIONLIMIT $2,000,000 Per Occurrence excess the self-insured Per Occurrence Limit retention Policy Aggregate Limit$2,000,000 Annual Aggregate COVERAGE INCLUDES Sexual Harassment $2M/$2M Sexual Abuse $2M/$2M Deductibles/SIR: COVERAGEAMOUNT Self-Insured Retention: $500,000 Per Occurrence Corridor Deductible-Section VIII Law Enforcement $500,000 Liability Defense Cost: DESCRIPTION Within the Limit of Liability Reimbursement of Defense Costs Incurred Prior to Denial or Declination of Coverage: $10,000 Ground Up any one Assured $20,000 Aggregate Per Occurrence $50,000 Annual Aggregate Arthur J. Gallagher Risk Management Services, Inc. 32 City of Boynton Beach Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Any claim or Suit for Bodily Injury, Property Damage or Personal Injury including any award of attorneys fees and costs resulting from: -Any knowing and intentional violation of any subsection of Title 42 of the U.S. Code, including but not limited to 42 U.S.C 1981 thru 42 U.S.C. 1989 and 42 U.S.C. 1997 -Any knowing and intentional deprivation of any rights protected under the United States Constitution or the Constitution of any State, Territory or Protectorate of the United States -Any Act which is not reasonably related to the execution and/or enforcement of the law -Any Act committed with the knowledge and intent to cause Bodily Injury, Property Damage or Personal Injury or which could reasonably be expected to cause Bodily Injury, Property Damage or Personal Injury unless the act of the Assured was reasonably necessary to lawfully prevent injury to persons or damage to Property However, this Exclusion shall not apply to any vicarious liability on the part of the Named Assured arising solely out of an act by any other Assured resulting from Law Enforcement Activities and excluded herein, but this provision applies only to the liability of the Named Assured to pay any settlement, verdict or judgment, providing that the sole liability imposed on the Named Assured does not arise from any contractual duty to indemnify an Assured. Liability arising out of the ownership, maintenance or use, including loading or unloading, of watercraft 26 feet and over Damage to or destruction of Property of the Assured Liability arising out of the ownership, maintenance, loading or unloading, use or operations of any aircraft, airfields, runways, hangars, buildings or other properties in connection with aviation activities Any obligation for which the Assured may be heldliable under any Workers Compensation, unemployment compensation disability benefits law, employers liability or under any similar law or to Bodily Injury to any employee or to any liability for indemnity or contribution brought by any party for Bodily Injury to any employee The cost of any investigation, disciplinary or criminal proceedings against an individual Assured except that the Underwriters may, at their own option and expense, associate counsel in the defense of any such investigation, criminal or disciplinary proceeding. Should the Underwriters elect to associate counsel, such elections shall not constitute a waiver or estoppel of any rights the Underwriters may have pursuant to the terms, conditions, exclusions and limitations of this policy Any claim arising from Wrongful Acts except as provided under this Section for Discrimination or Violation of Civil Rights arising out of Law Enforcement Activities Any Claim arising out of an intentional breach of contract Arthur J. Gallagher Risk Management Services, Inc. 33 City of Boynton Beach Program Details (Cont.) Binding Requirements: DESCRIPTION Subject to Signed Authorization to Bind Subject to Signed TRIA accept/reject form Subject to Signed UM/UIM rejection form prior to binding Terms & Conditions: DESCRIPTION Loss Control Terms and Conditions: Before July 1, 2016, Randy Means is to review City of Boynton Beach Police Department's policies and procedures Top to Bottom and provide guidance in written format to suggest changes, improvements and commendations, if any. We are including $10,000 in loss control funds to be contributed toward this review. Mr. Means is to identify 3 Training Modules from Brit's TEAM platform that are mandatory for every officer to complete within 60 days of his report. Prior to October 1, 2016, Brit will meet with the risk manager via conference call or in person to follow-up on the P&P review and provide an overview of TEAM for police and all other facets of their organization Prior January 1, 2017 Brit will Follow-up to obtain feedback on our services and the TEAM platform Gallagher Bassett is the appointed Third Party Administrator Cancellation At binding, the Assured commits to a Minimum Earned Premium of 50% of the gross premium. There are no flat cancellations allowed. Arthur J. Gallagher Risk Management Services, Inc. 34 City of Boynton Beach Program Details (Cont.) Lloyds of London (Brit) Free Risk Management Services: Brit package clients receive access -at no cost -to the BRIT Insurance TEAM risk management platform at Brit's expense (a regular value of at least $30,000 annually). The BRIT Insurance TEAM platform is a robust online resource offering: Unlimited web-based training courses from a list of approximately 135 courses covering areas such as employment practices liability, leave-related laws, workplace risk management, human resources, and youth- related risks. Weekly training bulletins and articles about new and/or updated matters of interest. Comprehensive model handbook. Self-guided human resources assessments. Built-in management tools to track and run reports on usage (e.g., completion of training). Customizability to: have your logo on the landing page ... upload your own policies and procedures ...determine the access levels for all users. Much, much more -all free of charge to you -just visit www.britinsurance.com/team These services are an extension of Brit's partnership with our clients. We recognize the need for customized risk management tools, and we provide the BRIT Insurance TEAM platform to you with our compliments to help you manage risk. Premium$209,000.00 ESTIMATED PROGRAM COST$209,000.00 Terrorism (Optional)$2,750.00 Arthur J. Gallagher Risk Management Services, Inc. 35 City of Boynton Beach Program Details Coverage:Excess-Workers Compensation Carrier:Safety National Casualty Corporation Policy Period:4/1/2016 to 4/1/2017 DESCRIPTIONLIMIT Part I -Workers Compensation Statutory Employers LiabilityPart II -Employers Liability -$1,000,000 aggregate per accident Deductibles/SIR: SIRAMOUNT $500,000 Each Accident, except $850,00 for Police & Per Occurrence Firefighters Exposure: STATEDESCRIPTIONEXPOSURERATE PER $100 Excess Rate Per $100 of FLEstimated Total Payroll:$48,020,728 Payroll -0.26 Exclusions include, but are not limited to: DESCRIPTION Punitive, exemplary or compensatory damages Liability assumed under a contract Bodily Injury to an employee while employed in violation of law Bodily Injury intentionally caused or aggravated by you Self-Insurers Assessments Intentional Torts Punitive or Exemplary Damages Bodily Injury to an employee while employed in violation of law Damages arising out of coercion, criticism, demotion, discipline, defamation, harassment or termination of any employee Liability assumed under contract Arthur J. Gallagher Risk Management Services, Inc. 36 City of Boynton Beach Program Details (Cont.) Other Significant Terms and Conditions/Restrictions: DESCRIPTION Subject to final audit at end of policy term basedon gross payroll Includes Claims Expense as part of loss Cancellation by Named Insured is subject to the Minimum and Deposit Premium 100% fully earned 60 day cancellation notice required of Named Insured and/or carrier, except 5 day notice by carrierfor nonpayment of premium Incidental Longshoremens and Harbor Workers Compensation Act Maritime Coverage No Know Exposure Voluntary Compensation Same Communicable Disease Foreign Voluntary WC & EL Self-Insured Retention Per Occurrence Endorsements mandated by the coverage state(s) will automatically be added to your policy regardless of whether they are shown in the above schedule. In addition, a change in an endorsement form number may occur as a result of state filling requirements/updates arising subsequent to this quote. Binding Requirements: CONTINGENCIES Subject to Adjustment at audit Subject to Signed Application RATE COMMITMENT & CONDITIONS For purposes of this Rate Commitment: 2016 Policy Period refers to the policy period of: 4/1/2016-4/1/2017 2017 Policy Period refers to the policy period of: 4/1/2017-4/1/2018 Arthur J. Gallagher Risk Management Services, Inc. 37 City of Boynton Beach Program Details (Cont.) Binding Requirements: CONTINGENCIES If the below conditions are all met, Safety National agrees that there will no increase in the premium rate per payroll/exposure for the 2017 Policy Period over the rates that had been applied to the 2016 Policy Period. The SIR and Limits will remain as expiring per the 2016 Policy Period bound with Safety National. 1) The treatment of Allocated Loss Adjustment Expense with respect to the SIR and Limits must remain the same as expiring per the 2016 Policy Period bound with Safety National. 2) No certified "act of terrorism", as defined under the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization of 2015 ("TRIPRA"), occurs during the 2016 Policy Period. 3) No significant change in exposure as applicable to the type of policy with "significant" being understood to mean a 15% change in exposure for any of the Policies over that for the 2015 PolicyPeriod bound with Safety National. 4) No significant change in underwriting exposure through development of, or acquisition of, non-core business, with "significant" being understood to be a change that is in excess of 5% for any Policy over that in place for 2016 Policy Period bound with Safety National. 5) No material adverse change in the financial condition of the Insured, as determined by Safety National, over the 2016 Policy Period. 6) No individual incurred loss during the 2016 Policy Period for any of the Policies to exceed 50% of that Policy's applicable SIR/Retention amount with such losses to be valued as of 1/1/2017. The parties understand and agree that, if all the above stated conditions are not met as applicable to a particular policy period renewal, the Premium Rate per payroll/exposure for the 2017 Policy Period shall not be subject to any limitation nor guarantee with respect to rate increases. This Agreement will include coverage for Workers' Compensation loss caused by acts of terrorism as defined in the Agreement. Coverage for such losses will still be subject to all terms, definitions, exclusions, andconditions in the Agreement, & any applicable federal and/or state laws, rules, or regulations. Premium124,854.00 ESTIMATED PROGRAM COST $124,854.00 Terrorism (Included) *Subject to Audit: Annually Arthur J. Gallagher Risk Management Services, Inc. 38 City of Boynton Beach Program Details Crime Coverage:Crime Carrier:Hanover Insurance Company Policy Period:4/1/2016to 4/1/2017 Form Type: COVERAGEFORM TYPE CrimeDiscovery DESCRIPTIONLIMIT Employee TheftPer Loss (including Faithful performance)$50,000 Schedule Excess for City Manager & FinanceDirector$450,000 Forgery or Alteration$50,000 Money & Securities (In/Out)$10,000 / $10,000 Deductibles/SIR: COVERAGEAMOUNT Deductible $1,000 Exclusions include, but are not limited to: DESCRIPTION Third Party Employee Dishonesty Government Action Exclusion Accounting or Arithmetic Errors Voluntary Parting of Property Loss in which the existence of such loss is only proved by a profit and loss comparison or inventory records Any theft or criminal act committed by a partner of the insured Loss Due to Employee Dishonesty Date Related Losses Partners Indirect Loss Legal Expenses Nuclear War & Similar Actions Employee canceled under prior insurance Inventory shortages Arthur J. Gallagher Risk Management Services, Inc. 39 City of Boynton Beach Program Details (Cont.) Exclusions include, but are not limited to: DESCRIPTION Loss caused by any employee required by law to be individually bonded Damages for which you are legally liable as a result of: -The deprivation or violation of the civil rights of any person by an employee or -The tortious conduct of any employee except conversion of property of other parties held by you in any capacity Other Significant Terms and Conditions/Restrictions: DESCRIPTION 90 day Notice of Cancellation 45 day Notice of Non-renewal Premium $3,307.00 ESTIMATED PROGRAM COST(Per Year) $3,307.00 3 Year Annual Installment Premium Arthur J. Gallagher Risk Management Services, Inc. 40 City of Boynton Beach Payment Plans Payment Plans CARRIERLINE OF COVERAGEPAYMENT METHOD Lexington Insurance Company Property -MunicipalityAgency Bill ACE American Insurance Company (ACE Group)Property -UtilitiesAgency Bill Public Entity Casualty Underwriters at Lloyd's London (BRIT)Agency Bill Package Safety National Casualty Corporation (Safety Excess-Workers Agency Bill National Group)Compensation Hanover Insurance Company (Hanover Insurance CrimeAgency Bill Companies) Arthur J. Gallagher Risk Management Services, Inc. 43 City of Boynton Beach Coinsurance Illustration Coinsurance Illustration Coinsurance Formula: Insurance Carried ÷ Insurance Required x Loss -Deductible = Settlement Example of Coinsurance formula applied to a hypothetical loss situation: Property Value=$1,000,000 Coinsurance Amount=80% Deductible=$500 Insurance Required=$800,000 (80% of $1,000,000) Insurance Carried=$400,000 Loss Incurred=$200,000 Settlement determined by applying the coinsurance formula: $400,000 (Insurance Carried) x $200,000 (Loss) -$500 (Deductible) = $99,500 Settlement $800,000 (Insurance Required) Note: If the property in the above example is insured for the full insurance required ($800,000), the insured will recover $199,500. In the above example, the insured will suffer a $100,000 penalty for not being insured to the proper limit. Arthur J. Gallagher Risk Management Services, Inc. 44 City of Boynton Beach Changes / Developments Changes / Developments It is important that we be advised of any changes in your operations that may have a bearing on the validity and/or adequacy of your insurance. The types of changes that concern us include, but are not limited to, those listed below: 1.Changes in any operation such as expansion to other states or new products. 2.Mergers and/or acquisition of new companies. 3.Any newly assumed contractual liability, granting of indemnities, or hold harmless agreements. 4.Circumstances which may require increased liability insurance limits. 5.Any changes in fire or theft protection, such as the installation of or disconnection of sprinkler systems, burglar alarms, etc. This includes any alterations to same. 6.Immediate advice of any changes to scheduled equipment such as contractors equipment, electronic data processing, etc. 7.Property of yours that is in transit, unless we have previously arranged for the insurance. 8.Any changes in existing premises including vacancy, whether temporary or permanent, alterations, demolition, etc. Also, any new premises either purchased, constructed, or occupied. No Changes and/or Developments Signature: Title: Date: Arthur J. Gallagher Risk Management Services, Inc. 45 City of Boynton Beach Proposal Disclosures Proposal Disclosures City of Boynton Beach Proposal Disclosures Proposal Disclosures The following disclosures are hereby made a part of this proposal. Please review these disclosures prior to signing the Client Authorization to Bind or e-mail confirmation. Proposal IMPORTANT: The proposal is an outline of certain terms and conditions of the insurance proposed by Disclaimer the insurers, based on the information provided by your company. It does not include all the terms, coverages, exclusions, limitations and/or conditions of the actual policy contract language. The insurance policies themselves must be read for those details. Policy forms for your reference will be made available upon request. We will not be operating in a fiduciary capacity, but only as your broker, obtaining a variety of coverage terms and conditions to protect the risks of your enterprise. We will seek to bind those coverages based upon your authorization; however, we can make no warranties in respect to policy limits or coverage considerations of the carrier. Actual coverage is determined by policy language, so read all policies carefully. Contact us with questions on these or any other issues of concern. Compensation One of the core values highlighted in The Gallagher Way states, We are an Open Society, and our Disclosure open society extends to the compensation Gallagher receives. In general, Gallagher may be compensated as follows: 1.Gallagher Companies are primarily compensated from the usual and customary commissions or fees received from the brokerage and servicing of insurance policies, annuity contracts, guarantee contracts and surety bonds (collectively insurance coverages) handled for a clients account, which may vary from company to company and insurance coverage to insurance coverage. As permitted by law, Gallagher companies occasionally receive both commissions and fees. 2.In placing, renewing, consulting on or servicing your insurance coverages, Gallagher Companies may participate in contingent and supplementalcommission arrangements with intermediaries and insurance companies. Contingent commissions provide for additional contingent compensation if underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the totalamount of certain insurance coverages placed by Gallagher with the insurance company and/or through the intermediary, not on an individual policy basis. Some insurance markets, including Gallagher-owned intermediaries, have modified their commission schedule with Gallagher, resulting in an increase in some commission rates. These additional commissions, commonly referred to as supplemental commissions are known as of the effective date, but some insurance companies are paying this commission later and apart from when commission is normally paid at policy issuance. As a result, Gallagher may be considered to have an incentive to place your insurance coverages with a particular insurance company. Note: Upon request, your Gallagher representative can provide more specific market information regarding contingent and supplemental commission related to your insurance coverage. 3.Gallagher Companies may also receive investment income on fiduciary funds temporarily held by them, such as premiums or return premiums. 4.Gallagher Companies may access other facilities, including wholesalers, reinsurance intermediaries, captive managers, underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace. Gallagher Companies may own some of these facilities, in whole or in part. If such a facility was utilized in the placement of a clients account, the facility may have earned and retained customary brokerage commission or fees for its work. 5.Gallagherassists its customers in procuring premium finance quotes and unless prohibited by law may earn compensation for this value added service. 6.From time to time, Gallagher may participate in insurance company promotional events or training and developmentthat insurers provide for Gallagher employees. 7.Gallagher strives to find appropriate coverage at a competitive price for our customers. In order Arthur J. Gallagher Risk Management Services, Inc. 47 City of Boynton Beach Proposal Disclosures (Cont.) to achieve these goals, we gather and analyze data about our customers and their insurance coverage. This data and the resulting analytical tools help us better understand the current marketplace, more accurately predict future trends and offer tailored solutions to our customers. The data may also be provided to insurers pursuant to consulting service agreements from which we earn fees. If you have specific questions about the compensation received by Gallagher and its affiliates in relation to your insurance placements, please contact your Gallagher representative for more details. In the event you wishto register a formal complaint regarding compensation Gallagher receives from insurers or third parties, please send an e-mail to Compensation_Complaints@ajg.com or send a letter to: Compliance Officer Arthur J. Gallagher & Co. Two Pierce Place, 20th Floor Itasca, IL 60143 TRIA/TRIPRA If this proposal contains options to purchase TRIA/TRIPRA coverage, the proposed TRIA/TRIPRA Disclaimer program may not cover all terrorism losses. While the amendments to TRIA eliminated the distinction between foreign and domestic acts of terrorism, a number of lines of coverage excluded under the amendments passed in 2005 remain excluded including commercial automobile, burglary and theft insurance; surety insurance, farm owners multiple perils and professional liability (although directors and officers liability is specifically included). If such excluded coverages are required, we recommend that you consider purchasing a separate terrorism policy. Please note that a separate terrorism policy for these excluded coverages may be necessary to satisfy loan covenants or other contractual obligations. TRIPRA includes a $100 billion cap on insurers' aggregate liability. The TRIPRA program increases the amount needed in total losses by $20 million each calendar year before theTRIPRA program responds from the 2015 trigger of $100 million to $200 million by the year 2020. TRIPRA is set to expire on December 31, 2020. There is no certainty of extension, thus the coverage provided by your insurers may or may not extend beyond December 31, 2020. In the event you have loan covenants or other contractual obligations requiring that TRIA/TRIPRA be maintained throughout the duration of your policy period, we recommend that a separate "Stand Alone" terrorism policy be purchased to satisfy those obligations. Property These property values were obtained using a desktopProperty Estimator software operated by non- Estimator appraisal professionals. These property values represent general estimates which are not to be Disclaimer considered a certified appraisal. These property values include generalities and assumptions that may produce inaccurate values for specific structures. Actuarial The information contained in this proposal is based on the historical loss experience and exposures Disclaimer provided to Arthur J. Gallagher Risk Management Services, Inc.. This proposal is not an actuarial study. Should you wish to have this proposal reviewed by an independent actuary, we will be pleased to provide you with a listing of actuaries for your use. Arthur J. Gallagher Risk Management Services, Inc. 48 City of Boynton Beach Insurance Company Ratings and Admitted Status Insurance Company Ratings and Admitted Status A.M. BEST'S ADMITTED / NON- PROPOSED INSURANCE COMPANIES RATINGADMITTED ACE American Insurance Company A++ XVAdmitted Lexington Insurance Company A XVAdmitted Hanover Insurance Company A XIVAdmitted Safety National Casualty Corporation A XAdmitted If the above indicated coverage is placed with a Non-Admitted Carrier, the carrier is doing business in the state as a surplus lines or non-admitted carrier. As such, this carrier is not subject to the same regulations which apply to an admitted carrier nor do they participate in any insurance guarantee fund applicable in that state. *The above A.M. Best Rating was verified on the date the proposal document was created. Best's Insurance Reports , published annually by A.M. Best Company, Inc., presents comprehensive reports on the financial position, history, and transactions of insurance companies operating in the United States and Canada. Companies licensed to do business in the United States are assigned a Bests Rating which attempts to measure the comparative position of the company or association against industry averages. A Bests Financial Strength Rating opinion addresses the relative ability of an insurer to meet its ongoing insurance obligations. It is not a warranty of a companys financial strength and ability to meet its obligations to policyholders. View the A.M. Best Important Notice: BestsCredit Ratings for a disclaimer notice and complete details at http://www.ambest.com/ratings/notice. Bests Credit Ratings are under continuous review and subject to change and/or affirmation. For the latest Bests Credit Ratings and Best Credit Reports (which include Best Ratings), visit the A.M. Best website at http://www.ambest.com. See Guide to Bests Credit Ratings for explanation of use and charges. Copies of the Bests Insurance Reports for carriers listed above are also available upon request of your Gallagher representative. Bests Credit Ratings reproduced herein appear under license from A.M. Best and do not constitute, either expressly or impliedly, an endorsement of (Licensees publication or service) or its recommendations, formulas, criteria or comparisons to any other ratings, rating scales or rating organizations which are published or referenced herein. A.M. Best is not responsible for transcription errors made in presenting Bests Credit Ratings. Bests Credit Ratings are proprietary and may not be reproduced or distributed without the express written permission of A.M. Best Company. Gallagher companies use A.M. Best Companys rating services to evaluate the financial condition of insurers whose policies wepropose to deliver. Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor does it make any representation or warranty concerning the rating of the carrier which may change. Arthur J. Gallagher Risk Management Services, Inc. 49 City of Boynton Beach Insurance Company Ratings and Admitted Status (Cont.) ArthurJ. Gallagher Risk Management Services, Inc. 50 City of Boynton Beach Client Signature Requirements Client Signature Requirements Surplus Lines Notice -Florida SURPLUS LINES DISCLOSURE and ACKNOWLEDGEMENT At my direction, (name of insurance agency)has placed my coverage in the surplus lines market. As required by Florida Statute 626.916, I have agreed to this placement. I understand that superior coverage may be available in the admitted market and at a lesser cost and that persons insured by surplus lines carriers are not protected by the Florida Insurance Guaranty Association with respect to any right of recovery for the obligation of an insolvent unlicensed insurer. I further understand the policy forms, conditions, premiums, and deductibles used by surplus lines insurers may be different from those found in policies used in the admitted market. I have been advised to carefully read the entire policy. There is no liability on the part of, andI have no cause of action against, my agent for placing coverage in the surplus lines market. CITY OF BOYNTON BEACH Named Insured Signature of Insureds Authorized RepresentativeDate LEXINGTON INS CO /LLOYDS OF LONDON Name of Excess and Surplus Lines Carrier PROPERTY / CASULATY Type of Insurance 04/01/2016 Effective Date of Coverage City of Boynton Beach Coverages For Consideration Coverages For Consideration Overview Aproposal for any of the coverages can be provided. The recommendations and considerations summarized in this section are not intended to identify all exposures. Since Gallagher does not handle your complete insurance program, these recommendations only reflect items within our scope of responsibility. Other Coverage Considerations Cyber Risk The above coverage may not necessarily represent the entirety of available insurance products. If you are interested in pursuing additional coverages other than those addressed in the coverage considerations included in this proposal, please list below: Arthur J. Gallagher Risk Management Services, Inc. 53 City of Boynton Beach Client Authorization To Bind Coverage Client Authorization to Bind Coverage After careful consideration of Gallagher's proposal dated 3/3/2015, we accept the following coverage(s). Please check the desired coverage(s) and note any coverage amendments below: LINE OF COVERAGECARRIER Accept Rejec Property -Municipality Lexington Insurance Company Accept Rejec TRIA Coverage Accept Rejec Property -Utilities ACE American Insurance Company (ACE Group) Accept Rejec TRIA Coverage Accept Rejec Package Excess Liability Underwriters at Lloyd's London (BRIT) Accept Rejec TRIA Coverage Accept Rejec Excess-Workers Compensation Safety National Casualty TRIA Cannot be Corporation TRIA Coverage rejected Accept Rejec nd Crime2Year Renewal Hanover Insurance Company Provide Quotations or Additional Information on the Following Coverage Considerations: Other Coverage Considerations Yes No Cyber Risk Note: Selecting the Reject All or Accept All option will override any selections that you have made above Reject All Accept All -Coverages for Consideration It is understood this proposal provides only a summary of the details; the policies will contain the actual coverages. We confirm the values, schedules, and other data contained in the proposal are from our records and acknowledge it is our responsibility to see that they are maintained accurately. We agree that your liability to us arising from your negligent acts or omissions, whether related to the insurance or surety placed pursuant to these binding instructions or not, shall not exceed $20 million, in the aggregate. Further, without limiting the foregoing, we agree that in the event you breach your obligations, you shall only be liable for actual damages we incur and that you shall not be liable for any indirect, consequential or punitive damages. By: ______________________________________________________ Specify: owner, partner or corporate officer Date: _______________________________________________________________________ Print Name Arthur J. Gallagher Risk Management Services, Inc. 54 City of Boynton Beach Appendix Appendix City of Boynton Beach Claims Reporting By Policy Claims Reporting By Policy PROPERTY When and where do you report a claim? Claims are to be reported as soon as practicable to: PROPERTY MUNICIPALITY Email:apolom@ajg.com PROPERTY -UTILITIES Mr. Jim Jezewski, Vice President and Claims Manager Starr Technical Risks Agency, Inc. Property Claims Departent th 399 Park Avenue, 9Floor New York, NY 10016 Tel: (646) 227-6348 Fax: (631) 685-3061 Email:iim.iezewski@cvstarrco.com Mr. Will Wood, Assistant Vice President Tel: (404) 946-1436 Fax: (404) 946-1498 Email:william.wood@cvstarrco.com CRIME When and where do you report a claim? Claims are to be reported immediately and reported directly to: Agnes Polom at Arthur J. Gallagher Risk Management Services, Inc. EXCESS PUBLIC ENTITY When and where do you report a claim? Claims are to be reported immediately and reported directly to: BRIT Insurance Services, Inc. Email: USA.claims@britinsurance.com EXCESS WORKERS COMPENSATION When and where do you report a claim? Claims are to be reported immediately and reported directly to: Safety National 1832 Schuetz Road St. Louis,MO 63146 Fax: 314-995-3897 Email: first.report@safetynational.com Excess Reporting Requirements:The following injuries should be reported immediately: Fatalities Paraplegics and quadriplegics Serious burns, defined as 2nd or 3rd degree burns involving 25% or more of the body Brain injury Spinal cord injury Amputation of a major extremity Any occurrence which results in a serious injury to two or more employees If you experience any difficulty in Phone, fax or email to Arthur J. Gallagher Risk Management reporting claims directly to carrier:Services, Inc. Phone: 561-998-6799 Fax: 561-995-6708 Email: agnes polom @ajg.com Arthur J. Gallagher Risk Management Services, Inc. 56 COVERAGESECTIONIVPUBLICOFFICIALSMISCELLANEOUSLIABILITY THISISACLAIMSMADESECTION SECTIONIVINSURINGAGREEMENTS CoverageisprovidedforoneormoreofthecoverageoptionsinthisCoverageSectiononlyifan EXCESSLIMIT OFINSURANCE isstatedin PARTIA.SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE,anda SELFINSUREDRETENTION is stated in the SCHEDULEOFSELFINSUREDRETENTIONS for each Coverage chosen. A.ERRORS&OMISSIONS:TheUnderwritersagree,subjecttothepolicylimitations,exclusions,termsand conditions,toindemnifythe ASSURED forallsumsforwhichthe ASSURED islegallyliablebyreasonofa WRONGFULACT.Thiscoverageappliesonlyifasublimitisstatedin PARTIA.SCHEDULEOF SPECIFICEXCESSLIMITSOFINSURANCE. Thiscoverageappliesonlyifa CLAIM fordamages,becauseofa WRONGFULACT,isfirst madeagainst the ASSURED duringthe PERIODOFINSURANCE.The WRONGFULACT musthavefirstoccurredonor afterRetroactiveDateshownin PARTIA.SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE, butinnoeventanylaterthanthelastdayofthe PERIODOFINSURANCE.The CLAIM mustbereported toUnderwritersduringthe PERIODOFINSURANCE,orduringthe EXTENDEDREPORTINGPERIOD applicabletothiscoverage,ifany.All CLAIMS basedonorarisingoutofone WRONGFULACT shallbe consideredfirstmadewhenthefirstofsuch CLAIMS ismadetothe ASSURED.A CLAIM shallnotbe prejudicedifthe ASSURED,throughclericaloversightorclericalmistake,failstonotifytheUnderwriters within the time provided for under thisSection. B.EMPLOYMENTPRACTICELIABILITY:TheUnderwritersagree,subjecttothepolicylimitations, exclusions,termsandconditions,toindemnifythe ASSURED forallsumsforwhichthe ASSURED is legallyliablebyreasonofan EMPLOYMENTPRACTICEVIOLATION,includingmentalanguishresulting froman EMPLOYMENTPRACTICEVIOLATION.Thiscoverageappliesonlyifasublimitisstatedin PART IA.SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE. Thiscoverageappliesonlyifa CLAIM fordamages,becauseofan EMPLOYMENTPRACTICE VIOLATION,isfirstmadeagainstthe ASSURED duringthe PERIODOFINSURANCE.The EMPLOYMENTPRACTICEVIOLATION musthavefirstoccurredonorafterRetroactiveDateshownin PARTIA.SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE,butinnoeventanylaterthan thelastdayofthe PERIODOFINSURANCE.The CLAIM mustbereportedtoUnderwritersduringthe PERIODOFINSURANCE,orduringthe EXTENDEDREPORTINGPERIOD applicabletothiscoverage,if any.All CLAIMS basedonorarisingoutofone EMPLOYMENTPRACTICEVIOLATION shallbe consideredfirstmadewhenthefirstofsuch CLAIMS ismadetothe ASSURED.A CLAIM shallnotbe prejudicedifthe ASSURED,throughclericaloversightorclericalmistake,failstonotifytheUnderwriters within the time provided for under thisSection. C.SEXUALHARASSMENTLIABILITY:TheUnderwritersagree,subjecttothepolicylimitations,exclusions, termsandconditions,toindemnifythe NAMEDASSURED forallsumsforwhichthe NAMEDASSURED is liablebyreasonof SEXUALHARASSMENT byanyemployee,volunteerworkerorofficialofthe NAMED ASSURED toan ASSURED.Thiscoverageappliesonlyifasublimitisstatedin PARTIA.SCHEDULE OFSPECIFICEXCESSLIMITSOFINSURANCE. Thiscoverageappliesonlyifa CLAIM fordamages,becauseof SEXUALHARASSMENT,isfirstmade againstthe ASSURED duringthe PERIODOFINSURANCE.The SEXUALHARASSMENT musthavefirst occurredonorafterRetroactiveDateshownin PARTIA.SCHEDULEOFSPECIFICEXCESSLIMITSOF INSURANCE,butinnoeventanylaterthanthelastdayofthe PERIODOFINSURANCE.The CLAIM mustbereportedtoUnderwritersduringthe PERIODOFINSURANCE,orduringthe EXTENDED REPORTINGPERIOD applicabletothiscoverage,ifany.A CLAIM shallnotbeprejudicedifthe ASSURED,throughclericaloversightorclericalmistake,failstonotifytheUnderwriterswithinthetime providedforunderthisSection.All CLAIMS basedonorarisingoutofone SEXUALHARASSMENT shall be considered firstmade when the first ofsuch CLAIMS ismade to the ASSURED, regardless of: PUBLICENTITYVER.APR.2013 47 1.The number ofpersons SEXUALLYHARASSED; 2.The number oflocationswhere the SEXUALHARASSMENT occurred; 3.The number ofacts of SEXUALHARASSMENT prior to or after the first CLAIM is made; or 4.Theperiodoftimeoverwhichthe SEXUALHARASSMENT tookplace,whetherthe SEXUAL HARASSMENT isduring,beforeorafterthe PERIODOFINSURANCE.However,onlyactsof SEXUALHARASSMENT thattakeplaceaftertheRetroactiveDateandbeforetheendofthe PERIOD OFINSURANCE are covered. TheUnderwriterswillnotmakepaymentforanyloss,CLAIM orforany DEFENSECOSTS forany employee,volunteerworkerorofficialofthe NAMEDASSURED inrespectofactualoralleged SEXUAL HARASSMENT toan ASSURED.However,withrespectonlytothisInsuringAgreementC.,Underwriters agree,subjecttoallotherpolicylimitations,termsandconditions,thatastoany CLAIM or SUIT for SEXUALHARASSMENT againstan ASSURED byanyemployeevolunteerworkerorofficialofthe NAMEDASSURED,Underwriterswillindemnifythatemployee,volunteerworkerorofficialforall reasonable DEFENSECOSTS totheextentsuch DEFENSECOSTS areincurredpriortothedateon which,byeitheragreement,admission,orsettlementofa CLAIM orbyanadjudication,itisdeterminedthat theemployee,volunteerworkerorofficialofthe NAMEDASSURED committedanactof SEXUAL HARASSMENT againstan ASSURED.Thiscoverageformspartoftheoverall SEXUALHARASSMENT LIABILITY limitandnotinadditionthereofasstatedin PART1A.SCHEDULEOFSPECIFICEXCESS LIMITSOFINSURANCE. D.SEXUALABUSELIABILITY:TheUnderwritersagree,subjecttothepolicylimitations,exclusions,terms andconditions,toindemnifythe NAMEDASSURED forallsumsforwhichthe NAMEDASSURED isliable byreasonof SEXUALABUSE byanyemployee,volunteerworkerorofficialofthe NAMEDASSURED to an ASSURED.Thiscoverageappliesonlyifasublimitisstatedin PARTIA.SCHEDULEOFSPECIFIC EXCESSLIMITSOFINSURANCE. Thiscoverageappliesonlyifa CLAIM fordamages,becauseof SEXUALABUSE,isfirst madeagainstthe ASSURED duringthe PERIODOFINSURANCE.The SEXUALABUSE musthavefirstoccurredonorafter RetroactiveDateshownin PARTIA.SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE,butin noeventanylaterthanthelastdayofthe PERIODOFINSURANCE.The CLAIM mustbereportedto Underwritersduringthe PERIODOFINSURANCE,orduringthe EXTENDEDREPORTINGPERIOD applicableto this coverage,ifany. All CLAIMS basedonorarisingoutofone SEXUALABUSE shallbeconsideredfirstmadewhenthefirst ofsuch CLAIMS is made tothe ASSURED, regardless of: 1.The number ofpersons SEXUALLYABUSED; 2.The number oflocationswhere the SEXUALABUSE occurred; 3.The number ofacts of SEXUALABUSE prior to or after the first CLAIM ismade;or 4.Theperiodoftimeoverwhichthe SEXUALABUSE tookplace,whetherthe SEXUALABUSE is during,beforeorafterthe PERIODOFINSURANCE.However,onlyactsof SEXUALABUSE thattake placeafter the RetroactiveDateandbefore the end ofthe PERIODOFINSURANCE arecovered. TheUnderwriterswillnotmakepaymentforanyloss,CLAIM orforany DEFENSECOSTS forany employee,volunteerworkerorofficialofthe NAMEDASSURED inrespectofactualoralleged SEXUAL ABUSE toan ASSURED.However,withrespectonlytothisInsuringAgreementD.,Underwritersagree, subjecttoallotherpolicylimitations,termsandconditions,thatastoany CLAIM or SUIT for SEXUAL ABUSE againstan ASSURED byanyemployee,volunteerworkerorofficialofthe NAMEDASSURED, Underwriterswillindemnifythatemployee,volunteerworkerorofficialofthe NAMEDASSURED forall reasonable DEFENSECOSTS totheextentsuch DEFENSECOSTS areincurredpriortothedateon PUBLICENTITYVER.APR.2013 48 which,byeitheragreement,admission,orsettlementofa CLAIM orbyanadjudication,itisdetermined thattheemployee,volunteerworkerorofficialcommittedanactof SEXUALABUSE againstan ASSURED.Thiscoverageformspartoftheoverall SEXUALABUSELIABILITY limitandnotinaddition thereofas stated in PART1A.SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE. NeitherthiscoveragenoranysubsequentcoverageprovidedbyUnderwriterswillapplytoany SEXUAL ABUSE involvingthesame ASSURED whichoccurredafterthe DISCOVERY byanyofthe NAMED ASSUREDS officials,trustees,directors,officersorpartnersofanyactual,attemptedorpendingalleged SEXUALABUSE bysaidperpetrator. Following DISCOVERY ofanyactual,attemptedorpendingalleged SEXUALABUSE duringthe PERIOD OFINSURANCE,the NAMEDASSURED shallgivenotificationofsuchdiscoverytoUnderwritersassoon aspracticablebutnomorethan120daysaftertheinitialdiscovery,andinanyeventwithinthe PERIODOF INSURANCE oranyExtendedReportingPeriod.Anyfailuretocomplywiththisprovisionforanyreason whatsoeverwillresultintheabsoluteexclusionofanyresulting SEXUALABUSE claimorclaims, irrespectiveofwhether Underwriters havebeen prejudiced bysaid failure. SECTIONIVEXCESSLIMITSOFINSURANCE TheUnderwritersEXCESSLIMITOFINSURANCE per CLAIM foranycoverageunder SECTIONIVPUBLIC OFFICIALSMISCELLANEOUSLIABILITY isonlyfortheExcessLimitsasstatedin PARTIA.SPECIFIC EXCESSINSURANCE,overthe SELFINSUREDRETENTION asstatedinthe SCHEDULEOFSELFINSURED RETENTIONS nottoexceedtheUnderwritersEXCESSLIMITOFINSURANCE asstatedintheapplicable CoverageSectionof PARTIA.SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE.However,inthe eventofaClashLosstheUnderwritersEXCESSLIMITOFINSURANCE asstatedin PARTIB.SCHEDULEOF CLASHCOVERAGE shallapply. IfanAnnualAggregateappliestoanycoverageunderthisCoverageSection,thetotalAggregate EXCESSLIMIT OFINSURANCE forsuchcoverageunderthisCoverageSectioncombinedduringthe PERIODOFINSURANCE shallnotexceedthelimitasstatedintheapplicableCoverageSectionof PARTIA.SCHEDULEOFSPECIFIC EXCESSLIMITSOFINSURANCE. SECTIONIVCONDITIONS A.BASICEXTENDEDREPORTINGPERIOD: ABasicExtendedReportingPeriodisautomaticallyprovidedwithoutadditionalcharge.Thisperiodstarts withtheendofthe PERIODOFINSURANCE, andlasts for sixty(60)days. If,however,thispolicyandthisCoverageSectionissucceededbysimilarClaimsMadeinsurance coverage,withanyinsurer,onwhichtheRetroactiveDateisthesameasorearlierthantheRetroactive DateshownintheapplicableCoverageSectionof PARTIA.SCHEDULEOFSPECIFICEXCESSLIMITS OFINSURANCE ofthispolicy,thesucceedingpolicyshallbedeemedtobearenewalofthispolicy,and the ASSURED shallhave no right to anExtendedReportingPeriod fromthe Underwriters. TheBasicExtendedReportingPerioddoesnotapplyto CLAIMS thatarecoveredunderanysubsequent insuranceapplicabletothisCoverageSectionwhichthe ASSURED purchases,orthatwouldhavebeen coveredbutfor exhaustion ofthe amount ofinsuranceapplicableto such CLAIMS. B.SUPPLEMENTALEXTENDEDREPORTINGPERIOD: The Underwriters willprovide an Extended ReportingPeriod,as described below, if: 1.This policyor this Coverage Sectionofthis policyis canceled or non-renewed;or PUBLICENTITYVER.APR.2013 49 2.TheUnderwritersreneworreplacethispolicy,orthisCoverageSectionofthispolicy,withinsurance thatdoesnotapplytoa WRONGFULACT,EMPLOYMENTPRACTICEVIOLATION,SEXUAL HARASSMENT or SEXUALABUSE on a Claims Made basis. ASupplementalExtendedReportingPeriodofoneyeardurationisavailablebutonlybyendorsementto thispolicyandforanadditionalpremiumnottoexceed100%oftheannualpremiumforthisCoverage Section. This supplementalperiod startswhen the Basic ExtendedReporting Periodends. The ASSURED mustgivetheUnderwritersawrittenrequestfortheendorsementwithinthirty(30)days aftertheendofthe PERIODOFINSURANCE.TheSupplementalExtendedReportingPeriodwillnotgo intoeffectunlessthe ASSURED paystheadditionalpremiumwithinthirty(30)days.Thisendorsementwill set forth the termsconsistentwith the CoverageSection. TheUnderwritersshalldeterminetheadditionalpremiuminaccordancewithitsapplicablerules,ratesand underwritingpractices.Coveragefor CLAIMS receivedduringsuchSupplementalExtendedReporting Periodis excess overanyother validandcollectibleinsurance available underanyotherpolicies. ExtendedReportingPeriodsdonotreinstateorincreasetheapplicable SELFINSUREDRETENTION,the Loss Fund, theapplicable EXCESSLIMITOFINSURANCE,or the EXCESSLOSSFUNDPROTECTION. ExtendedReportingPeriodsdonotextendthe PERIODOFINSURANCE orchangethescopeofcoverage providedwithinthisCoverageSection.Theyapplyto CLAIMS arisingoutofa WRONGFULACT, EMPLOYMENTPRACTICEVIOLATION,SEXUALHARASSMENT or SEXUALABUSE thattakeplace beforetheendofthe PERIODOFINSURANCE thatthispolicyandthisCoverageSectionareinforce. Once ineffect, Extended ReportingPeriods maynot be canceled. C.REPORTINGTOUNDERWRITERS: ForthepurposesofcompliancewiththereportingrequirementsofthisSection,the ASSUREDS reporting ofa CLAIM tothe ASSUREDSTHIRDPARTYCLAIMADMINISTRATOR shallbeconsideredreportingof the CLAIM to Underwriters, provided that: 1.The CLAIM isreportedtothe ASSUREDSTHIRDPARTYCLAIMADMINISTRATOR duringthe PERIODOFINSURANCE or the applicable EXTENDEDREPORTINGPERIOD,ifany;and 2.The CLAIM,ifnototherwisereportabletoUnderwriterspursuantto GENERALPOLICYCONDITION6, appearsonthe ASSUREDS listof CLAIMS orlossrun,asreportedbythe THIRDPARTYCLAIM ADMINISTRATOR toUnderwriters,thatincludesall CLAIMS forthe PERIODOFINSURANCE or applicable EXTENDEDREPORTINGPERIOD, ifany. SECTIONIVEXCLUSIONS INADDITIONTOTHEGENERALEXCLUSIONSOFTHISPOLICY,THISSECTIONDOESNOTINSURE AGAINST: A.Any CLAIM fordamages,whetherdirectorconsequential,for BODILYINJURY,PERSONALINJURY,or PROPERTYDAMAGE;or for anycauseofactionwhich is coveredunder anyother Sectionofthis policy; B.Any CLAIM baseduponorattributabletoany ASSURED gaininginfactanypersonalprofitoradvantageto whichtheywerenotlegallyentitledincludingremunerationpaidinviolationoflawasdeterminedbythe Courts; C.Any CLAIM baseduponorattributabletotherenderingorfailuretorenderanyopinion,treatment, consultation or serviceunless actingwithin the scope oftheir duties as an ASSURED; D.Any CLAIM arisingoutoforinanywayinvolvinganyemployeebenefitplan,exceptascoveredunderthis SECTIONIVINSURINGAGREEMENTB.EMPLOYMENTPRACTICELIABILITY for discrimination; PUBLICENTITYVER.APR.2013 50 E.CLAIMS,SUITS,proceedings,demands,oractionsseekingrelieforredressinanyformotherthan monetarydamages,includingdefenseofsame;oranyloss,fees,costsorexpenseswhichthe ASSURED maybeobligatedtopaytoanythird-partyasaresultofanyadversejudgmentfordeclaratoryreliefor administrativerelieforinjunctiverelief,exceptthatthisexclusionshallnotapplytoany CLAIM madetothe EqualEmploymentOpportunityCommission(E.E.O.C.),orsuchsimilarfederal,stateorlocaladministrative agencyestablishedtohandleoradjudicate EMPLOYMENTPRACTICEVIOLATIONS thatinvolveorarise fromallegedemploymentdiscriminationotherthanclaimsbroughtunderthefederalFairLaborStandards Act or similar stateact or law; F.Anycost,civilfine,penaltyorexpenseagainstany ASSURED arisingfromanycomplaintorenforcement actionfromanyfederal, state or localgovernmental regulatoryagency; G.Any CLAIM forwhichan ASSURED isentitledtoindemnityunderanypolicyorpoliciesthetermofwhich hasexpiredpriortotheinceptiondateofthispolicy,orforwhichan ASSURED wouldbeentitledto indemnityexceptfor the exhaustionofthe limit ofsuch priorinsurance; H.Any CLAIM arisingoutofanypendingorpriorlitigationorhearing,aswellasfuture CLAIMS arisingoutof anypendingorpriorlitigationorhearing.IfthispolicyisarenewalofapolicyissuedbytheUnderwriters, thisexclusionshallonlyapplywithrespectto CLAIMS arisingoutofanypendingorpriorlitigationor hearing,prior to the effective date ofthefirst policyissuedand continuouslyrenewed bythe Underwriters. I.Any CLAIM broughtasacounter-claimorcrossclaimbyan ASSURED againstanyother ASSURED however, thisexclusion does not applyto EMPLOYMENTPRACTICEVIOLATIONS; J.Any CLAIM alleging,basedupon,arisingoutoforattributabletobreachofanyexpress,implied,actualor constructivecontract,agreement,warranty,guaranteeorpromise,unlessliabilitywouldhaveattachedto the ASSURED evenintheabsenceofsuch contract, agreement,warranty,guaranteeor promise; K.Any CLAIM forthereturnofmoneyorproperty,otherthan PROPERTYOFTHEASSURED,thatisbeing held bythe ASSURED, or thatis inthe care, custody,or control ofthe ASSURED; L.Any CLAIM for the return ofanyfees, taxes, assessments, or other similarpayments made to the ASSURED. M.Anyclaimarising from LAWENFORCEMENTACTIVITIES; SECTIONIVDEFINITIONS 1.CLAIM meansallnoticesor SUITS demandingpaymentofmoneybasedon,orarisingoutofthesame WRONGFULACT,SEXUALHARASSMENT or SEXUALABUSE oraseriesofrelated WRONGFUL ACTS,SEXUALHARASSMENTS or SEXUALABUSES byone or more ASSUREDS. However,asrespectsto EMPLOYMENTPRACTICEVIOLATION,CLAIM means:allnoticesorsuits demandingpaymentofmoney,orchargesfiledwiththeEqualEmploymentOpportunityCommissionor comparablefederal,stateorlocaladministrativeagencybasedon,orarisingoutofthesame WRONGFUL ACT or a series ofrelated WRONGFULACTS byoneor more ASSUREDS. 2.DEFENSECOSTS meanstheexpensesincurredfortheinvestigationanddefenseofa CLAIM or SUIT arisingoutofthesame EMPLOYMENTPRACTICEVIOLATION,WRONGFULACT,SEXUAL HARASSMENT or SEXUALABUSE oraseriesofrelated EMPLOYMENTPRACTICEVIOLATIONS, WRONGFULACTS,SEXUALHARASSMENTS or SEXUALABUSES byoneormore ASSUREDS. However,thesalaries,expenseandadministrativecostofthe ASSURED orthe ASSUREDSTHIRD PARTYCLAIMADMINISTRATOR are notincludedwithinthemeaningof DEFENSECOSTS. 3.DISCOVERY ofanyactual,attemptedorpendingalleged SEXUALABUSE shallexistwhenanyofthe NAMEDASSUREDS officials,trustees,directors,officers,partnersoranypersonthatthe NAMED PUBLICENTITYVER.APR.2013 51 ASSURED hasmaderesponsibleinanofficialcapacitytoprevent SEXUALABUSE hastakenreceipt, learned,or intheexerciseofreasonable care shouldhave known: (a)ofanylawsuit alleging SEXUALABUSE;or (b)ofanydemand formoneyor services based uponalleged SEXUALABUSE;or (c)ofanycriminalinvestigation or prosecution alleging SEXUALABUSE;or (d)ofanyallegationbyanallegedvictimorbyaparentorguardianoftheallegedvictimof SEXUAL ABUSE,whetherthe allegationis or is not accompanied byademand formoneyor services; or (e)ofanyreportfromanyotherpersonalleging SEXUALABUSE,andapersonorgroupdesignatedby the NAMEDASSURED toinvestigatetheallegationhasinvestigatedandasaresultofthe investigationhasrecommendedthatanyactionofanykindbetakenbyoronbehalfofthe NAMED ASSURED with respect either to thealleged ASSURED or theallegedvictim; or (f)that thealleged ASSURED has admitted to acts of SEXUALABUSE. PUBLICENTITYVER.APR.2013 52 SECTIONVIEMPLOYEEBENEFITSLIABILITY THISISACLAIMSMADESECTION SECTIONVIINSURINGAGREEMENTS TheUnderwritersagree,subjecttothepolicylimitations,exclusions,termsandconditionstoindemnifythe ASSURED forallsumsforwhichthe ASSURED islegallyliablebyreasonofa NEGLIGENTACT,ERROROR OMISSION. Thiscoverageappliesonlyifa CLAIM fordamages,becauseofa NEGLIGENTACT,ERROROROMISSION,is firstmadeagainstthe ASSURED duringthe PERIODOFINSURANCE.The NEGLIGENTACT,ERROROR OMISSION musthavefirstoccurredonorafterRetroactiveDateshownin PARTIA.SCHEDULEOFSPECIFIC EXCESSLIMITSOFINSURANCE,butinnoeventanylaterthanthelastdayofthe PERIODOFINSURANCE. The CLAIM mustbereportedtoUnderwritersduringthe PERIODOFINSURANCE,orduringthe EXTENDED REPORTINGPERIOD applicabletothiscoverage,ifany.All CLAIMS basedonorarisingoutofone NEGLIGENTACT,ERROROROMISSION shallbeconsideredfirstmadewhenthefirstofsuch CLAIMS is madetothe ASSURED.A CLAIM shallnotbeprejudicedifthe ASSURED,throughclericaloversightorclerical mistake, fails to notifythe Underwriterswithinthetime provided for under this Section. SECTIONVIEXCESSLIMITSOFINSURANCE TheUnderwritersEXCESSLIMITOFINSURANCE per CLAIM for SECTIONVIEMPLOYEEBENEFITS LIABILITY isonlyfortheExcessLimitsasstatedin PARTIA.SPECIFICEXCESSINSURANCE,overthe SELF INSUREDRETENTION,asstatedinthe SCHEDULEOFSELFINSUREDRETENTIONS,nottoexceedthe UnderwritersEXCESSLIMITOFINSURANCE asstatedintheapplicableCoverageSectionof PARTIA. SCHEDULEOFSPECIFICEXCESSLIMITSOFINSURANCE.However,intheeventofaClashLossthe UnderwritersEXCESSLIMITOFINSURANCE asstatedin PARTIB.SCHEDULEOFCLASHCOVERAGE shall apply. IfanAnnualAggregateappliestoanycoverageunderthisCoverageSection,thetotalAggregate EXCESSLIMIT OFINSURANCE forsuchcoverageunderthisCoverageSectioncombinedduringthe PERIODOFINSURANCE shallnotexceedthelimitasstatedintheapplicableCoverageSectionof PARTIA.SCHEDULEOFSPECIFIC EXCESSLIMITSOFINSURANCE. SECTIONVICONDITIONS A.BASICEXTENDEDREPORTINGPERIOD: ABasicExtendedReportingPeriodisautomaticallyprovidedwithoutadditionalcharge.Thisperiodstarts withtheendofthe PERIODOFINSURANCE, andlasts for sixty(60)days. If,however,thispolicyandthisCoverageSectionisimmediatelysucceededbysimilarClaimsMade insurancecoverage,withanyinsurer,onwhichtheRetroactiveDateisthesameasorearlierthanthe RetroactiveDateshownintheapplicableCoverageSectionof PARTIA.SCHEDULEOFSPECIFIC EXCESSLIMITSOFINSURANCE ofthispolicy,thesucceedingpolicyshallbedeemedtobearenewalof this policy,andthe ASSURED shallhaveno right to an Extended ReportingPeriod fromthe Underwriters. TheBasicExtendedReportingPerioddoesnotapplyto CLAIMS thatarecoveredunderanysubsequent insuranceapplicabletothisCoverageSectionwhichthe ASSURED purchases,orthatwouldhavebeen coveredbutfor exhaustion ofthe amount ofinsuranceapplicableto such CLAIMS. B.SUPPLEMENTALEXTENDEDREPORTINGPERIOD: The Underwriters willprovide an Extended ReportingPeriod,as described below, if: PUBLICENTITYVER.APR.2013 57 1.This policyor this Coverage Sectionofthis policyis canceled or non-renewed;or 2.TheUnderwritersreneworreplacesthispolicy,orthisCoverageSectionofthispolicy,withinsurance thatdoes not applyto a NEGLIGENTACT,ERROROROMISSION on aClaimsMadebasis. ASupplementalExtendedReportingPeriodofoneyeardurationisavailablebutonlybyendorsementto thispolicyandforanadditionalpremiumnottoexceed100%oftheannualpremiumforthisCoverage Section. This supplementalperiod startswhen the Basic ExtendedReporting Periodends. The ASSURED mustgivetheUnderwritersawrittenrequestfortheendorsementwithinthirty(30)days aftertheendofthe PERIODOFINSURANCE.TheSupplementalExtendedReportingPeriodwillnotgo intoeffectunlessthe ASSURED paystheadditionalpremiumwithinthirty(30)days.Thisendorsementwill set forth the termsconsistentwith the CoverageSection. TheUnderwritersshalldeterminetheadditionalpremiuminaccordancewithitsapplicablerules,ratesand underwritingpractices.Coveragefor CLAIMS receivedduringsuchSupplementalExtendedReporting Periodis excess overanyother validandcollectibleinsurance available underanyotherpolicies. ExtendedReportingPeriodsdonotreinstateorincreasetheapplicable SELFINSUREDRETENTION,the Loss Fund, theapplicable EXCESSLIMITOFINSURANCE,or the EXCESSLOSSFUNDPROTECTION. ExtendedReportingPeriodsdonotextendthe PERIODOFINSURANCE orchangethescopeofcoverage providedwithinthisCoverageSection.Theyapplyto CLAIMS arisingoutofa NEGLIGENTACT,ERROR OROMISSION thattakeplacebeforetheendoftheperiodthatthispolicyandthisCoverageSectionarein force. Once in effect, ExtendedReportingPeriods maynot be canceled. C.REPORTINGTOUNDERWRITERS: ForthepurposesofcompliancewiththereportingrequirementsofthisSection,the ASSUREDS reporting ofa CLAIM tothe ASSUREDSTHIRDPARTYCLAIMADMINISTRATOR shallbeconsideredreportingof the CLAIM to Underwriters, provided that: 1.The CLAIM isreportedtothe ASSUREDSTHIRDPARTYCLAIMADMINISTRATOR duringthe PERIODOFINSURANCE or the applicable EXTENDEDREPORTINGPERIOD,ifany;and 2.The CLAIM,ifnototherwisereportabletoUnderwriterspursuantto GENERALPOLICYCONDITION6, appearsonthe ASSUREDS listof CLAIMS orlossrun,asreportedbythe THIRDPARTYCLAIM ADMINISTRATOR toUnderwriters,thatincludesall CLAIMS forthe PERIODOFINSURANCE or applicable EXTENDEDREPORTINGPERIOD, ifany. SECTIONVIEXCLUSIONS INADDITIONTOTHEGENERALEXCLUSIONSOFTHISPOLICYTHISSECTIONDOESNOTINSURE AGAINST: A.Any CLAIM fordamages,whetherdirectorconsequential,orforanycauseofactionwhichiscovered underanyotherSectionofthepolicy,whetherornotalimitisstatedin PARTIA.SCHEDULEOF SPECIFICEXCESSLIMITSOFINSURANCE; B.Any NEGLIGENTACT,ERROROROMISSION by,orat,thedirectionofthe ASSURED thatare dishonest, fraudulent, criminalor malicious; C.BODILYINJURY,PERSONALINJURY,or PROPERTYDAMAGE; PUBLICENTITYVER.APR.2013 58 D.Any CLAIM baseduponthe ASSUREDS failuretocomplywiththefederalEmployeeRetirementIncome SecurityActof1974(ERISA),includingsubsequentamendmentsoranysimilarfederal,stateorlocallaw(s) or regulations; E.Any CLAIM forfailureofperformance ofa contract byany ASSURED, Insurer or SelfInsurer; F.Any CLAIM basedupon the ASSUREDS failure to complywithanylawconcerningworkers compensation, unemployment insurance, social security, or disabilitybenefits; G.Any CLAIM baseduponfailureofinvestments,includingbutnotlimitedto,stocks,bonds,funds,toperform as represented byan ASSURED; H.Any CLAIM baseduponadvicegivenbyan ASSURED toparticipateornotparticipateinanystock subscription plans; I.Any CLAIM arisingoutofactualorallegeddiscriminationincludingbutnotlimitedtodiscriminationbased onraceornationalorigin,religionorcreed,age,sex,physicaldisability,militarystatus,oremployment practiceswhetherornotanyoftheforegoingviolatedanyfederal,stateorlocalgovernmentlaw(s)or regulation(s) prohibiting such discrimination. SECTIONVIDEFINITIONS 1.ADMINISTRATION means: (a)Giving counseltoemployees withrespect to EMPLOYEEBENEFITPROGRAMS; (b)Interpreting EMPLOYEEBENEFITPROGRAMS; (c)Handling ofrecords in connectionwith EMPLOYEEBENEFITPROGRAMS; and (d)Effectingenrollment,termination,orcancellationofemployeesunder EMPLOYEEBENEFIT PROGRAMS; Provided all such acts are authorizedbythe NAMEDASSURED. 2.CLAIM meansallnoticesor SUITS demandingpaymentofmoneybasedon,orarisingoutofthesame NEGLIGENTACT,ERROROROMISSION oraseriesofrelated NEGLIGENTACTS,ERRORSOR OMISSIONS byone or more ASSUREDS. 3.NEGLIGENTACT,ERROROROMISSION meansthefailuretoexecuterequiredactions,ormistaken actions committed in the ADMINISTRATION ofthe ASSUREDSEMPLOYEEBENEFITPROGRAMS. All CLAIMS basedonorarisingoutofthesame NEGLIGENTACT,ERROROROMISSION oraseriesof related NEGLIGENTACTS,ERRORSOROMISSIONS byoneormore ASSUREDS shallbedeemedone NEGLIGENTACT,ERROROROMISSION.Onlyonepolicy,one SELFINSUREDRETENTION,andone SPECIFICEXCESSLIMITOFINSURANCE isapplicabletoanyone NEGLIGENTACT,ERROROR OMISSION. PUBLICENTITYVER.APR.2013 59 EMPLOYERSLIABILITYTERRORISM THISISACLAIMSMADEANDREPORTEDPOLICY.THISMEANSTHAT,SUBJECTTOTHETERMSAND CONDITIONSOFTHISPOLICY,THECOVERAGEPROVIDEDBYTHISPOLICYONLYCOVERSCLAIMS FIRSTMADEAGAINSTTHEASSUREDORACIRCUMSTANCEWHICHCOULDREASONABLYBE EXPECTEDTOGIVERISETOACLAIMDURINGTHEPERIODOFINSURANCEANDREPORTEDTO UNDERWRITERSINWRITINGASSOONASREASONABLYPOSSIBLEANDINNOEVENTLONGERTHAN 90DAYSAFTERTHEEXPIRYOFTHISPOLICY.CLAIMSEXPENSESTHATAREINCURREDIN DEFENDINGANYCLAIMAGAINSTTHEASSUREDWILLREDUCE,ANDMAYCOMPLETELYEXHAUST, THELIMITOFLIABILITYAVAILABLETOPAYDAMAGES.PLEASEREVIEWTHECOVERAGEPROVIDED BYTHISPOLICYCAREFULLYANDDISCUSSTHECOVERAGEWITHYOURINSURANCEAGENTOR BROKER. A.COVERAGE:Underwritersagree,subjecttothepolicylimitations,termsandconditionstoindemnifythe ASSURED forany DAMAGES awhichthe ASSURED shallbecomelegallyliabletopayascompensation for BODILYINJURY toan EMPLOYEE ofthe ASSURED(otherthantheperpetrator(s)ofthe ACTOF TERRORISM)duringthecourseoftheiremploymentinthebusinessofthe ASSURED,providedsuch bodilyinjury iscausedsolelyanddirectlybyan ACTOFTERRORISM occurringduringthe PERIODOF INSURANCE at thelocation named intheschedule.The underwriterswillalsopay CLAIMSEXPENSES. Multiple ACTSOFTERRORISM whichoccurwithinaperiodof72consecutivehoursandwhichhaveor appear to havea related purpose or common leadershipwillbedeemed to be one ACTOFTERRORISM. All CLAIMS arisingoutofthesameoracontinuing ACTOFTERRORISM,including ACTSOF TERRORISM whichhaveorappeartohavearelatedpurposeorcommonleadership,withinaperiodof72 hoursshallbeconsideredasingle CLAIM anddeemedtohavebeenmadeatthetimethefirstofsuch CLAIMS is reportedto Underwriters and shallbe subject to a single EXCESSLIMITOFINSURANCE. B.CONDITIONS: 1.DUEDILIGENCE:The ASSURED(oranyofthe ASSURED'sagents,suborco-contractors)mustuse duediligenceanddo(andconcurindoingandpermittobedone)everythingreasonablypracticableto avoidordiminishfurtherinjuryordamageandtosecurecompensationforanysuchlossincluding actionagainstother partiesto enforce anyrights andremedies or to obtain reliefor indemnity. 2.CHANGEINCIRCUMSTANCE:The ASSURED mustnotifytheunderwritersimmediatelyofany changein circumstance duringthe PERIODOFINSURANCE whichwillmateriallyaffect this insurance. Thisincludesbutisnotlimitedtoanysignificantchangeinoperatingconditions,themanagement, ownershiporcontrolofthe ASSUREDsbusiness.Theunderwritersmaythenvarythetermsand conditionsofthisinsurance.Ifthe ASSURED isinanydoubtwhetherachangeismaterialheshould consulthis broker or agent. 3.CONFIDENTIALITY:Thisinsuranceshallbecomevoidandall CLAIMS hereundershallbeforfeitedif atanytime,whetherbeforeorafterexpiry,theexistenceofthisinsuranceisdisclosedtoathirdparty, otherthantothe ASSURED'sownprofessional,financialandlegaladvisers(onaconfidentialbasis), without theunderwritersprior written agreement. 4.NOTIFICATIONOFCLAIMS:The ASSURED,uponknowledgeofanyoccurrencelikelytogiveriseto aclaimhereunder,shallgivewrittenadvicethereoftotheUnderwritersviatheBroker,namedforthat purposeintheSchedule,whoistoadviseUnderwritersassoonaspracticableofsuchknowledgeof anyoccurrence. 5.PROOFOFLOSS:The ASSURED shallrenderasignedandswornproofoflosswithinsixty(60)days aftertheoccurrenceofaloss(unlesssuchperiodbeextendedbythewrittenagreementof Underwriters)statingthetime,placeandcauseofloss,theinterestofthe ASSURED andallothersin the property, the soundvalue thereofand the amountofloss or damage thereto. PUBLICENTITYVER.APR.2013 83 IfUnderwritershavenotreceivedsuchproofoflosswithintwoyearsoftheexpirydateofthispolicy, theyshallbedischargedfromallliabilityhereunderunlessanextensionhasbeenspecificallyfiledwith Underwriters. 6.SUBROGATION:IftheUnderwritersbecomeliableforanypaymentunderthisPolicyinrespectofloss ordamagetheUnderwritersshallbesubrogated,totheextentofsuchpayment,toalltherightsand remediesofthe ASSURED againstanypartyinrespectofsuchlossordamageandshallbeentitledat theirownexpensetosueinthenameofthe ASSURED.The ASSURED shallgivetotheUnderwriters allsuchassistanceinhispowerastheUnderwritersmayrequiretosecuretheirrightsandremedies and,atUnderwritersrequestshallexecutealldocumentsnecessarytoenableUnderwriterseffectively to bring suit in the name ofthe ASSURED including the executionanddeliveryofthe customaryform ofloanreceipt. 7.FALSEORFRAUDULENTCLAIMS:Ifthe ASSURED shallmakeanyclaimknowingthesametobe falseorfraudulent,asregardsamountorotherwise,thisPolicyshallbecomevoidandallclaim hereunder shallbeforfeited. 8.INSPECTIONANDAUDIT:TheUnderwritersshallbepermittedbutnotobligatedtoinspectthe ASSUREDPropertyatanytime.NeithertheUnderwritersrighttomakeinspectionsnorthemaking thereofnoranyreportthereonshallconstituteanundertaking,onbehalfoforforthebenefitofthe ASSURED or others, todetermine or warrant that suchpropertyis safe. TheUnderwritersmayexamineandauditthe ASSUREDsbooksandrecordsatanytimeduringthe Policyperiodandextensionsthereofandwithintwoyearsafterthe finalterminationofthisPolicy,asfar as theyrelateto the subject matter ofthis Insurance. 9.ASSIGNMENT:AssignmentortransferofthisPolicyshallnotbevalidexceptwiththewrittenconsent ofUnderwriters. 10.JOINTVENTURES:Withregardtoanyliabilityofthe ASSURED whichis ASSURED underthispolicy andarisesinanymanneroutoftheoperationsorexistenceofany JOINTVENTURE thelimitofliability underthispolicyshallbelimitedtothepercentageinterestofthe ASSURED inthe JOINTVENTURE. Wherethepercentageinterestofthe ASSURED ina JOINTVENTURE isnotevidencedinwriting,the percentagetobeappliedshallbethatwhichwouldbeimposedbylawattheinceptionofthe JOINT VENTURE.Suchpercentageshallnotbeincreasedbytheinsolvencyofanymembersofsuch JOINT VENTURE oranyotherparties.This JOINTVENTURE clauseshallnotapplytoanyliabilityofthe ASSURED where,asaresultofa CLAIM,thetermsofthe JOINTVENTURE agreementplacethe whole liabilityofthe JOINTVENTURE on the ASSURED. 11.ARBITRATION:Ifthe ASSURED andUnderwritersfailtoagreeinwholeorinpartregardingany aspectofthisPolicy,eachpartyshall,withinten(10)daysafterthedemandinwritingbyeitherparty, appointacompetentanddisinterestedarbitratorandthetwochosenshallbeforecommencingthe arbitrationselectacompetentanddisinterestedumpire.Thearbitratorstogethershalldeterminesuch mattersinwhichthe ASSURED andUnderwritersshallsofailtoagreeandshallmakeanaward thereon, andiftheyfailtoagree, theywillsubmit theirdifferences to theumpire and the awardinwriting ofanytwo,dulyverified,shalldeterminethesame.Thepartiestosucharbitrationshallpaythe arbitratorsrespectivelyappointedbythemandbearequallytheexpensesofthearbitrationandthe charges oftheumpire. 12.SEVERALLIABILITY:ThesubscribingInsurersobligationsunderpoliciestowhichtheysubscribeare severalandnotjointandarelimitedsolelytotheextentoftheirindividualsubscriptions.The subscribingInsurersarenotresponsibleforthesubscriptionofanyco-subscribingInsurerwhoforany reason does not satisfyallor part ofitsobligations. 13.JOINTASSUREDS:Theunderwriterstotalliabilityforanylossorlossessustainedbyanyoneor more oftheASSUREDsunderthisinsurancewillnotexceedthelimitofliabilityshownintheschedule.The underwritersshallhavenoliabilityinexcessofthelimitofliabilitywhethersuchamountsconsistof ASSURED losses sustained byallofthe ASSUREDS or anyone or more ofthe ASSUREDS. PUBLICENTITYVER.APR.2013 84 14.INTERPRETATIONOFTERMS:Totheextentthatanycourtofcompetentjurisdictionshould determinethatanytermorprovisionofthispolicywouldbeinconflictwiththepublicpolicythesaid termorprovisionistobeinterpretedand/oramendedsoastoconformtothesaidjurisdiction'spublic policy. 15.FAILUREOFUNDERLYINGINSURANCE:Theinsuranceprovidedbythispolicyshallalwaysbe excessovertheunderlyinglimitofliabilityor SELFINSUREDRETENTIONS statedinthe SCHEDULE OFSELFINSUREDRETENTIONS regardlessoftheuncollectibility(inwholeorinpart)ofany underlyinginsuredamountsforanyreason,including,butnotlimitedto,thefinancialimpairmentor insolvencyofanunderlyingInsurerortheavoidanceorrescissionorbreachofcontracttermsofany underlyinginsurance.Theriskofuncollectibility(inwholeorinpart)ofotherinsurance,whether becauseoffinancialimpairmentorinsolvencyofanunderlyingorotherinsurerorforanyotherreason, includingavoidanceorrescissionorbreachofcontracttermsofanyunderlyinginsurance,isexpressly retainedbythe ASSURED andisnotinanywayorunderanycircumstancesinsuredorassumedby Underwriters. C.EXCLUSIONS: Thisinsurancedoesnotcover DAMAGES or CLAIMSEXPENSES withrespecttoany CLAIM directlyor indirectlyarisingfrom, caused byordueto: 1.any ACTOFTERRORISM involvingtheemission,discharge,dispersal,releaseorescapeofany chemicalor biologicalagent; 2.anythreat or hoax ofan ACTOFTERRORISM; 3.any ACTOFTERRORISM byelectronicmeansincludingcomputerhackingortheintroductionintoany computerofanyformofcorrupting,harmfulorotherwiseunauthorizedinstructionsorcode.This exclusionshallnotapplytothedetonationofanyexplosivebombormissilewhichiscontrolledbyany remote deviceor reliant upon electronic means inits launch, guidance or firing systems; 4.any POLLUTANTORCONTAMINANT,howeversuch POLLUTANTORCONTAMINANT mayhave beenintroduced or arisen; 5.vandalismand malicious mischief, strikes, labor unrest,riots or civilcommotion; 6.war,invasion,actsofforeignenemies,hostilities(whetherwarbedeclaredornot),civilwar,rebellion, revolution, insurrection, militaryorusurped power; 7.confiscation,nationalization,requisitionordestructionofordamagetopropertybyorundertheorderof anygovernment or public or localauthority; 8.nuclearreaction,nuclearradiationorradioactivecontamination,howeversuchnuclearreaction, nuclear radiation or radioactive contamination mayhave been caused; 9.injurycausedbyor resulting fromthe ASSUREDs recklessness or deliberatemisconduct; 10.injuryarisingoutofanybreachofanobligationowedbythe ASSURED asanemployerincludingbut notlimited to employeeclaims ofwrongful terminationofemployment,discrimination,harassment, false arrest,slander,invasionofprivacy,assaultorbattery,ormentalanguishorhumiliationwhenasserted in connectionwithanemployment related claim; 11.mentalinjury,anguish or shockwhere no actualphysicalinjuryhas occurred to the claimant; 12.criminal,dishonest, fraudulent or malicious conduct bythe ASSURED. PUBLICENTITYVER.APR.2013 85 Thisinsurancedoesnotcoverfines,penalties,punitiveorexemplarydamages,sanctionsoranyadditional damagesresultingfromthemultiplicationofcompensatorydamages.Nothingcontainedintheaboveexclusions shallextendthispolicytocoveranyliabilitywhichwouldnothavebeencoveredhadtheseexclusionsnotbeen incorporatedherein D.DEFINITIONS: 1.ACTOFTERRORISM means an act that: a.iscommittedfor,arisesoutofor relatestopolitical,religious,ideologicalpurposesandinvolvesa violentactortheunlawfuluseofforceoranunlawfulactdangeroustohumanlifeortangible property; and b.is carriedoutbyanyperson or group(s) ofpersons,whether acting alone or onbehalfofor in connectionwithanyorganisation(s); and c. appears to beintendedto: v.intimidate or coerce a civilian population, or vi.disruptanysegment oftheeconomyofa Government, State or Country,or vii.overthrow,influence, or affect the conductofanygovernment de jure or defacto by intimidation or coercion, or viii.affect the conduct ofa Government bymass destruction, assassination, kidnapping or hostage taking. 2.BODILYINJURY means, for this coverage only,allphysical injurytoa thirdpartyhuman being, other thantheperpetrator(s) ofthe ACTOFTERRORISM, includingdeath, sickness, disease or disability andallconsequent mentalinjury, anguish or shockto such human suffering such physicalinjury. 3.CLAIMSEXPENSES means allfees, costs and expenses incurredwith thewritten consent of underwriters resulting fromtheinvestigation,adjustment, appraisal,defense or appealofa CLAIM, suit or proceeding relating to a CLAIM.CLAIMSEXPENSES donotincludethe salaries, expenses, overhead or other chargesbythe ASSURED for anytime spent in cooperating in the defense, settlement and investigation ofany CLAIM. 4.DAMAGES means a monetaryjudgment, monetaryaward or monetarysettlement made with underwriterswrittenapproval. 5.JOINTVENTURE means ajointventure, co-venture,jointlease, joint operating agreement or partnershipinwhich the ASSURED has a financialinterest. 6.POLLUTANTORCONTAMINANT includes butis notlimited to anysolid,liquid,gaseousor thermal irritant, contaminant or toxic or hazardous substance or anysubstance the presence, existence, or releaseofwhichendangers or threatens to endanger the health, safetyorwelfareofpersons or the environment. 7.EMPLOYEE means the following personsworking for the ASSURED for the purpose ofthe ASSUREDs business: a.anypersonemployed bythe ASSURED under a contract ofservice or apprenticeship; b.anyperson supplied to, hired byorborrowed bythe ASSURED; c.labor masters and persons suppliedbythem; d.persons employedbylaboronlysub-contractors; e.selfemployedpersons andvoluntaryhelpers; f.anypersonattendingunderaworkexperiencescheme; or g.a prospective employeewho is undergoing practicalworkexperiencewhile beingassessed by theinsuredas to his or hersuitabilityfor employment. PUBLICENTITYVER.APR.2013 86 ENDORSEMENT attaching to and forming part of Policy No. NAMED ASSURED: Effective date of this endorsement: Endorsement No. CORRIDOR RETENTION ENDORSEMENT It is understood and agreed that in the event of a loss involving SECTION VIII LAW ENFORCEMENT ACTIVITIES the ASSURED shall pay the first $500,000 each OCCURRENCE or CLAIM and in the aggregate annually excess of the SELF INSURED RETENTION. EXCESS LIMIT OF INSURANCE per OCCURRENCE for SECTION VIII LAW ENFORCEMENT ACTIVITIES is only for the difference between the Excess Limits as stated in PART I A. SPECIFIC EXCESS INSURANCE and the aforesaid Corridor Retention amount which is in turn excess of the SELF INSURED RETENTION. In the event of a CLASH COVERAGE EXCESS LIMIT OF INSURANCE per OCCURRENCE or CLAIM is only for the difference between the EXCESS LIMIT OF INSURANCE for all Sections of Coverage combinedas stated in PART I B. SCHEDULE OF CLASH COVERAGE and the aforesaid Corridor Retention amount which is in turn excess of the largest SELF INSURED RETENTION applicable to any Section of Coverage involved in the loss. Except as amended in this Endorsement, this insurance is subject to all coverage terms, clauses and conditions in the policy to which this Endorsement is attached. GP002072013 Page 1 of 1 City of Boynton Beach 2016 HURRICANE CATASTROPHE ANALYSIS EXECUTIVE SUMMARY Requested by Risk Placement Services February, 2016 Table of Contents EXECUTIVE SUMMARY 3 PORTFOLIO ASSUMPTIONS & INSURED VALUE SUMMARY 3 ANALYSIS SUMMARY 5 GLOSSARY OF TERMS 7 APPENDIX 1: OEP ANALYSIS DESCRIPTION 8 DISCLAIMER 9 RPS Analytics does not endorse one model over another, nor is it the intent of this summary to compare the results or methodologies of the models to each other. RPS Analytics strongly recommends the use of multiple models, which provides clients a range of results from different scientific approaches. 2/8/2016 Page 2 of 9 Executive Summary This document reports the results of RPS Analytics catastrophe analyses of City of Boynton Beach 2016 hurricaneportfolio commissioned by Risk Placement Services (RPS). This report includes City of Boynton Beachhurricane events. RPS Analytics reviewed and reformatted the exposure data as necessary and used them as input to AIR tm Worldwide Touchstone v3.1 model and Risk Management Solutions (RMS) RiskBrowser v15.0 model. These models are systems of computer programs that incorporate the fundamental physical characteristics of hurricanes and earthquakes, expressed mathematically. Through our hazard analysis we will identify exposure values and geocoding resolution. Secondary characteristics, where provided will also be applied in the modeling. With a series of deterministic and probabilistic analyses performed, we will be able to identify the 20 to 1,000 year expected losses. The portfolio was run on an Occurrence Exceeding Probability (OEP). The loss estimates produced will help City of Boynton Beach to: Develop risk management guidelines that account for hurricane risk. Manage and control exposure to hurricane losses. Portfolio Assumptions & Insured Value Summary For each line of business, the following assumptions will be made: All locations are insured to value (i.e. total limit = total value). Number of stories, year built and square footage where provided were applied in the models. Secondary characteristics where provided were applied in the models. Deductibles provided for this portfolio were: 5% of Total Insurable Values per building at each location, minimum $100,000. All values listed in this portfolio are in whole dollars unless otherwise noted. All hurricane analyses include storm surge and demand surge. 2/8/2016 Page 3 of 9 Values Summary Building Content Business Interruption Total $64,750,600 $31,495,728 $3,488,713 $99,735,041 100.00% 64.92% 31.58% 3.50% The order of geo-coding scheme is exact address, relaxed address, postal code, and city. The more exact address City of Boynton Beach provided us, the more accurate loss we can provide through each analysis. The chart below shows that 50.05% of locations geocoded to parcel. Geocode Resolution No of Risks Total Values % Total Parcel 120 $49,915,820 50.05% Street 62 $46,151,752 46.27% ZIP Code 16 $2,291,670 2.30% Block 9 $1,375,799 1.38% Total 207 $99,735,041 100.00% 100.00% of exposed values modeled are in the State of Florida. State No of Risks Total Values % Total FL 207 $99,735,041 100.00% Total 207 $99,735,041 100.00% 2/8/2016 Page 4 of 9 Analysis Summary Hurricane (Incl Storm Surge) City of Boynton Beach has approximately $99 Million in values exposed to hurricane related events in the Stateof Florida. Figure 1-1 illustrates the probability of ground up losses exceeding various amounts due to one event in a given year, as described by the Occurrence Exceedance Probability (OEP). The 250yr event loss probability is commonly used by the insurance marketplace as a gauge for insurance pricing. AIR RMS Critical Return Prob. Period Ground Up Gross Loss Ground Up Gross Loss 0.10% 1,000 $75,694,565 $70,721,359 $27,943,406 $25,844,162 0.20% 500 $56,144,381 $51,166,093 $20,697,993 $18,928,566 0.40% 250 $37,000,265 $32,143,006 $14,669,045 $13,182,654 1.00% 100 $17,091,968 $12,775,062 $8,080,504 $6,919,330 2.00% 50 $8,661,183 $5,190,172 $4,157,125 $3,199,591 5.00% 20 $3,059,025 $1,274,341 $850,120 $122,853 AAL $818,088 $582,858 $307,551 $238,667 Figure 1-1 AIR: According to AIR Touchstone, there is a 0.4% annual probability (a.k.a. the 250 year event) that a single hurricane (OEP) event will cause losses that will exceed $37 million. RMS: According to RMS RiskBrowser, there is a 0.4% annual probability (a.k.a. the 250 year event) that a single hurricane (OEP) event will cause losses that will exceed $15 million. 250Yr Event Loss The AIR 250yr ground-up stochastic event producing the loss of $37 million is a hurricane making landfall in Broward, Florida at an intensity of 4 on the Saffir Simpson Scale. Florida Ground Up Loss County (USD) 250yr PML$37,000,265 Event Detail Information Model: Hurricane GU Ind Prop. Loss$66,325,775,867 Rad. Of Max Winds(mi):28.6 Forward Speed(mph):13.4 0 Angle at Landfall(): -51.2 Landfall Saffir Simpson Scale:4 Central Pressure (mb):959.4 Max. Wind Speed (mph):131.8 0 Latitude (): 26.113001° 0 Longitude (): -80.105003° Landfall Area:FL Landfall SubArea:Broward 2/8/2016 Page 5 of 9 Hurricane (Excl Storm Surge) City of Boynton Beach has approximately $99 Million in values exposed to hurricane related events in the Stateof Florida. Figure 1-1 illustrates the probability of ground up losses exceeding various amounts due to one event in a given year, as described by the Occurrence Exceedance Probability (OEP). The 250yr event loss probability is commonly used by the insurance marketplace as a gauge for insurance pricing. AIR RMS Critical Return Prob. Period Ground Up Gross Loss Ground Up Gross Loss 0.10% 1,000 $75,378,493 $70,391,675 $27,913,761 $25,808,653 0.20% 500 $55,897,526 $50,918,762 $20,670,657 $18,914,092 0.40% 250 $37,000,265 $32,143,006 $14,643,478 $13,166,944 1.00% 100 $17,012,765 $12,638,455 $8,057,463 $6,903,685 2.00% 50 $8,463,333 $5,108,942 $4,138,635 $3,186,782 5.00% 20 $3,059,025 $1,274,341 $842,363 $119,478 AAL $813,657 $578,578 $306,448 $238,096 Figure 1-1 AIR: According to AIR Touchstone, there is a 0.4% annual probability (a.k.a. the 250 year event) that a single hurricane (OEP) event will cause losses that will exceed $37 million. RMS: According to RMS RiskBrowser, there is a 0.4% annual probability (a.k.a. the 250 year event) that a single hurricane (OEP) event will cause losses that will exceed $15 million. 250Yr Event Loss The AIR 250yr ground-up stochastic event producing the loss of $37 million is a hurricane making landfall in Broward, Florida at an intensity of 4 on the Saffir Simpson Scale. Florida Ground Up Loss County (USD) 250yr PML$37,000,265 Event Detail Information Model: Hurricane GU Ind Prop. Loss$66,325,775,867 Rad. Of Max Winds(mi):28.6 Forward Speed(mph):13.4 0 Angle at Landfall(): -51.2 Landfall Saffir Simpson Scale:4 Central Pressure (mb):959.4 Max. Wind Speed (mph):131.8 0 Latitude (): 26.113001° 0 Longitude (): -80.105003° Landfall Area:FL Landfall SubArea:Broward 2/8/2016 Page 6 of 9 Glossary of Terms Average Annual Loss (AAL): the annualized estimate of loss to a representative unit of exposure from a broad range of modeled catastrophe events; Centroid: A point latitude and longitude which is meant to represent the center of a defined geographical area. Demand Surge: of building materials/labor, typically applied only to the building damage, and not to the business interruption/contents loss components; Geocoding: the process of associating an address, such as a street or postal address, with an estimate of the latitude and longitude coordinates that represent the location on the ground Ground Up Loss: the amount of loss sustained before deductions, underlying coverages and reinsurance are applied. Gross Loss: but before any reinsurance. Modified Mercalli Intensity (MMI Scale): subjective scale used to describe the observed local shaking intensity and related effects of an earthquake. The scale ranges from 1 (barely felt) to 12 (total destruction), with slight damage beginning at 6. In general, the MMI will decrease with distance from the fault, except in regions with poor soils. Intensity is different from magnitude, which is a measure of earthquake dimension, rather than effects. The MMI scale differs from the Richter scale in that it is used to measure the intensity of an earthquake in a particular area. Occurrence Exceedance Probability (OEP): the probability that the most costly event in any one year will exceed a certain threshold. These are the figures relevant for Catastrophe excess of loss reinsurance; Probable Maximum Loss (PML): estimate of the maximum loss on a particular risk as a result of a singleevent, assessed with due care and taking into account all risk elements; Return Period: the expected length of time between recurrences of two events with similar characteristics. The return period can also refer to specific level of loss; Richter scale: the original magnitude scale developed by Charles Richter in 1935. Usually referred to as local magnitude, this scale is still often used by scientists for measuring earthquake intensity. The Richter magnitudes are based on a logarithmic scale (base 10). Saffir-Simpson Scale: Scale commonly used to measure windstorm intensity. Uses a range of 1 to 5, with 5 being the most intense storms. Named after Herbert Saffir and Robert Simpson. Storm Surge: the effect of flood caused by storm. Modeling a portfolio with storm surge will generate larger losses for a given return period than modeling that same portfolio without storm surge. 2/8/2016 Page 7 of 9 APPENDIX 1 For Information Purposes Only RPS Analytics conducted a series of deterministic and probabilistic analyses, utilizing catastrophe models, to assess the analysis and an Average Annual Loss analysis. Each of these analyses is briefly described below. encompassing the complete range of probable United States events is simulated. The resulting event losses and standard deviations are used to create a severity distribution for the size of loss given that an event has occurred. Uncertainty in the loss amount caused by an event, known as secondary uncertainty, is reflected in these calculations. Similarly, the event rates are used to create a frequency distribution for the number of occurrences in a given year. A simulation approach is then used, sampling from the frequency and severity distributions, to arrive at 10,000 simulated years of losses with at least one occurrence per year. year is calculated as one divided by the total number of simulated years. For example, during the sampling process, if 20,000 iterations were needed in order to get 10,000 iterations with at least one occurrence, then the probability for each simulated year would be 1/20,000 or 0.005%. These simulated years are then sorted by maximum loss, from largest to smallest loss, for each financial perspective separately. A cumulative probability, which represents the probability of incurring a loss of the specified amount or greater (i.e., an occurrence exceeding probability), is then calculated for each loss level by aggregating the individual simulated year probabilities, beginning with the probability associated with the largest loss. A sample of the results of an OEP Probability of Estimated Cumulative Annual Simulated Year Occurrence Maximum Loss Probability of Exceedance Loss Return Period 2 0.005% $200M 0.005% 20,000 years 3 0.005% $150M 0.010% 10,000 years 1 0.005% $90M 0.015% 6,667 years The table above indicates that there is a 0.015% annual probability of losing $90 million or more as a result of a single event. In other words, a loss of $90 million or greater would be expected to occur on average every 6,667 years (the loss abilities; it is the cornerstone analysis for understanding the probability of various levels of overall portfolio loss. Using this analysis, the probability of a specific dollar level of loss or the level of loss associated with a specific probability can be established. Annual Estimated Loss Analysis The Average Annual Loss analysis calculates a single loss number for the portfolio that reflects the average amount of loss that can be expected on an annual basis based on all possible events that could impact the portfolio. Average Annual Loss is calculated by weighting all potential losses by their associated annual probabilities. This analysis presents the reader with insight into the expected annual losses to the portfolio. It is also useful for determining the relative risk of various components of the portfolio. Within this report, the relative risk of individual postal codes and counties is examined. Secondary Uncertainty Note that the inclusion of secondary uncertainty (i.e., the uncertainty around the mean loss at a particular loss perspective) -up losses and net losses exceeding pre-cat net losses. RPS Analytics Primary and Secondary Model Currently, RPS Analytics will produce OEP Curves using two catastrophe models. RPS Analytics performed careful research before licensing two catastrophe models that, in our opinion, represent the best technology available. The varying results between models should further illustrate that these tools should be understood to only create benchmarks for your considerations. 2/8/2016 Page 8 of 9 Disclaimer AIR Worldwide Touchstone (AIR) v3.1 and Risk Management Solutions (RMS) RiskBrowser v15.0 are licensed technologies used in combination in providing this information are based on the scientific data, mathematical and empirical models, and encoded experience of earthquake engineers, wind engineers, structural engineers, geologists, seismologists, meteorologists, and geotechnical specialists. As with any models of complex physical systems, particularly those with low frequencies of occurrence and potentially high severity outcomes, the actual losses from catastrophic events may differ from the results of simulation analyses. Furthermore, the accuracy of predictions depends largely on the accuracy and quality of the data input by the user. The loss estimates and their associated probabilities are estimates of the magnitude of losses that may occur in the event of such natural hazards; they are not factual and do not predict future events. Actual loss experience can differ materially. They depend on data and inputs supplied by the client over which RPS Analytics exercises no control. The assumptions that RPS Analytics used in creating them may not constitute the exclusive set of reasonable assumptions and methodologies. The use of alternative assumptions and methodologies could yield materially different results. RPS Analytics does not recommend making catastrophic risk management decisions based solely on the information contained in this report. Rather, this report should be viewed as a supplement to other tion. - MANAGEMENT SOLUTIONS, INC., DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL AIR WORLDWIDE CORP. AND/OR RISK MANAGEMENT SOLUTIONS, INC., OR RPS ANALYTICS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM ANY USE OF THIS INFORMATION. 2/8/2016 Page 9 of 9 Meadows Square Day Care Staff Report COUS 16-001 / MSPM 16-001 Page 2 East: Meadows Square Shopping Center zoned C-3 (Community Commercial) and farther east right-of-way for Congress Avenue; and West: Right-of-way for Meadows Way, and farther west multi-family residential (Meadows on the Green) zoned PUD (Planned Unit Development). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL Bradley Miller, representing G&I Meadows Square, LLC is seeking Conditional Use / Major Site Plan Modification approval for a day care operation on the site of a former Farm Store gas station / convenience store. The applicant proposes to demolish the building and site improvements and construct a new 8,000 square foot building and the necessary improvements for a day care operation with up to 170 children (see Exhibit B). According to records, the underground gas tanks have been removed from the site. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Divisions evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit C Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has two (2) points of ingress and egress via cross-access easements with the shopping center; one (1) of the driveways is located on the east side of Meadows Square Day Care Staff Report COUS 16-001 / MSPM 16-001 Page 3 the parcel, through the parking lot of the Meadows square Shopping Center (see Exhibit B). The second driveway is located on the west side, again through the shopping center parking lot, behind the stores, and accessed from Meadows Way, which connects to Hypoluxo Road to the north. There are no new vehicular access points proposed. Pedestrian access to the site is proposed to be enhanced through the construction of a walkway along the front of the day care building, extending westerly to connect with the existing sidewalk along the east side of Meadows Way, which connects to the sidewalk along Hypoluxo Road. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking required for daycare uses is calculated at one (1) parking space per 300 square feet of gross floor area. Required parking is calculated to be 27 spaces total, based on the new 8,000 square foot school building designed for the daycare operation. The site plan depicts 18 parking spaces immediately in front of the building, and another 13 spaces east of the building and behind the stores. The day care site and the shopping center share a cross-access/cross parking agreement which avails the day care of additional parking beyond the 31 spaces noted above. The day care operator will restrict parking in the 18 spaces at the front of the building for parents and visitors only, while the staff will park in the spaces behind the shops to the east and south of the day care. The proposed addition of the day care use should not adversely impact current on-site traffic flow/patterns as child pick-up and drop-off will be sporadic through the morning and afternoon hours, as opposed to a school which has set start and ending times. The operator envisions hours of operation beginning at 6 AM and closing at 7 PM Monday through Friday, which will not adversely impact peak morning hours of operation of the shopping center, as many of the businesses are not open that early. Evening child pick-up again will be at sporadic times and should not adversely conflict with the shopping center operations and parking, as the site and parking are located behind the stores. Per Health Department requirements, parents are required to park and walk their child into the facility and sign them in and out, so there is no stacking of vehicles associated with a pick-up or drop-off line, like at typical public/private grade schools. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant intends to utilize the existing dumpster enclosure to the east of the building, behind the stores for waste removal purposes. As a condition of approval, staff will require documentation from the shopping center owner authorizing the day cares use of this dumpster in perpetuity prior to issuance of any building permits (see Exhibit D Conditions of Approval). Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. However, should the waste flow create an issue, the waste pick-up frequency will be increased to accommodate it. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. As a condition of approval staff notes, should a ground mounted FP&L transformer be required, it shall not be Meadows Square Day Care Staff Report COUS 16-001 / MSPM 16-001 Page 4 located between the parking and any right-of-way, and that it shall be screened from view from any right-of-way (see Exhibit D Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The site and shopping center has existing landscaping on the north adjacent to Hypoluxo Road and to the west within the swale along Meadows Way which was recently upgraded by the shopping center owner. The Landscape Plan (Sheet L-2) depicts the addition of landscape plantings in the swale along the west property line, to fill in any gaps and further enhance the existing material, and the walled in play areas will be landscaped around to further buffer and enhance the appearance of the site. Typical landscape material utilized in the design include Green and Silver Buttonwood, East Palatka Holly and Yellow Elder trees, Alexander palms, Cocplum, Ixora Nora Grant, Marlberry and Croton shrubs, as well as Blueberry Flax Lilly, Green Island Ficus and Giant Liriope groundcovers. There are also existing Silver Buttonwood and Sabal palm trees that will remain in place or be relocated to accommodate the final site design. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The project proposes the installation of three (3) new light poles and modification of two (2) existing light poles on the site. In an effort to minimumize glare and impact on surrounding properties, the light fixures will be full cutoff design, and the light levels are depicted to be well below the code maximum allowable 5.9 footcandles. The building will have six (6) wall sconces to provide adequate lighting levels immediately around the building. Relative to signage for the project, the applicant proposes a five (5) foot tall monument sign near the NW corner of the site and a wall sign above the building entrance on the north side of the building, and potentially one on the west building façade. These signs have not been fully designed at this point, therefore staff recommends conditions of approval that require staff review and approval of sign design prior to permitting (see Exhibit D Conditions of Approval). 7. Required setbacks and other open spaces. The proposed day care building is proposed to meet or exceed the minimum setback requirements of the C-3 zoning district. Minimum setbacks are: front (north) required 20 provided 79.5; rear (south) required 20 provided 28.4; side corner (west) required 20 provided 20; and side (east, abutting the shopping center) required 0 provided 11.8. The closest residential structure is nearly 150 feet to the west, across Meadows Way, with two (2) layers of landscaping and a buffer wall on the day care site and two (2) layers of intervening landscaping on the Meadows on the Green site. The Site Plan (Sheet SP-1) depicts the provision of 5,130 square feet of play area associated with the day care use. 8. General compatibility with adjacent properties, and other property in the zoning district. The day care use is generally compatible with the remainder of the commercial uses on the site and with the surrounding residential properties, as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. Additionally, with the buildings large setbacks, intervening rights-of-way and appropriate buffering further the compatibility. The buildings design is typical of most commercial structures with a smooth plaster finish, control joints raised plaster bands and cornices and soft earthtone colors (Sherwin-Williams Crisp Linen, Universal Khaki, Pure White, and Meadows Square Day Care Staff Report COUS 16-001 / MSPM 16-001 Page 5 Liveable Green). The balance of the building has a parapet roof design with a standing seam metal hip roof of the entrance, and Bahama shutters over all windows and doors. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The day care building is designed as a one-story structure, with the parapet wall at a height of 19 - 4 and the top of the hip roof entry feature at 25, which is compatible with the structures on the same and adjacent properties, and under the maximum allowable height of 45 in the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the Citys Land Development Regulations. Relative to concurrency requirements, a traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from Palm Beach County indicating that the project meets the standards, that 48 AM peak hour trips and 49 PM peak hour trips would be generated as a result of this project and that no permits are to be issued after the build-out date of 2020. School concurrency is not required for this type of project. As for, the Citys water and sewer concurrency review, the Citys water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Solid Waste disposal capacity has been evidence through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Conceptual drainage information was provided for the Citys review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. With incorporation of staff comments noted within Exhibit D Conditions of Approval, the proposed project would comply with the requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the Citys Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. As noted above, with the distance to residential units, and the buffer wall and intervening landscaping, noise associated with operation should not be an issue. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above- referenced codes and ordinances of the City of Boynton Beach. Meadows Square Day Care Staff Report COUS 16-001 / MSPM 16-001 Page 6 RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit D Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit D accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.C Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\\Planning\\SHARED\\WP\\PROJECTS\\Meadows Square Day Care\\COUS 16-001/MSPM 16-001\\Staff Report.doc EXHIBIT A MEADOWS SQUARE DAY CARE (COUS 16-001/MSPM 16-001) SITE Text 5 5025050100150200 Feet A R C H I T E C T U R E, I N C.AR #0015395 HAROLD TUTTLEHAROLD TUTTLE BOCA RATON, FLORIDA 33431 BONYNTON BEACH, FLORIDA 2240 NW 19TH STREET, SUITE 801 AA #26001725 HAFH DAYCARE @ MEADOWS PLAZA 561-860-2905 BOYNTON BEACH, FLORIDA 33435 1100 SOUTH FEDERAL HWY SUITE #2 6'-0"5'-0"13'-0"5'-0"6'-5"6'-4"6'-5"5'-0"15'-10"5'-0"6'-0" 1'-7"3'-0"1'-10" 1'-10"3'-0"1'-7" MDS 5'-6" FRZR REF. TTB T 5'-6" 6'-0"5'-0"13'-6"5'-0"10'-6"7'-8"3'-4"14'-8"3'-4"5'-0"6'-0" 40'-0"40'-0" 80'-0" A R C H I T E C T U R E, I N C.AR #0015395 HAROLD TUTTLEHAROLD TUTTLE BOCA RATON, FLORIDA 33431 BOYNTON BEACH, FLORIDA 2240 NW 19TH STREET, SUITE 801 AA #26001725 HAFH DAYCARE @ MEADOWS PLAZA 561-860-2905 BOYNTON BEACH, FLORIDA 33435 1100 SOUTH FEDERAL HWY SUITE #2 19'-0" 5'-0" 2'-6" 5'-0" PAVING & DRAINAGE PLAN www.suntecheng.com Fax (954)777-3114 Phone (954)777-3123Ft. Lauderdale, FL 33311 Certificate of Auth. # 70971600 West Oakland Park Boulevard FLORIDACITY OF BOYNTON BEACH Engineers - Planners - Surveyors hceT-nuS .cnI ,gnireenignE MEADOWS SQUARE - DAY CARE R E V I S I O N S K:\\PROJECTS\\15-xxx\\15-3746\\dwg\\3746d.dwg, PD1, 1/6/2016 11:22:10 AM, 1:1, Sun-Tech Engineering, Inc. ( AEV ), Sun-Tech Engineering, Inc. ( AEV ) & SIGNAGE PLAN www.suntecheng.com Fax (954)777-3114 Phone (954)777-3123Ft. Lauderdale, FL 33311 PAVEMENT MARKING Certificate of Auth. # 70971600 West Oakland Park Boulevard FLORIDACITY OF BOYNTON BEACH Engineers - Planners - Surveyors MEADOWS SQUARE - DAY CARE R E V I S I O N S K:\\PROJECTS\\15-xxx\\15-3746\\dwg\\3746pms.dwg, PMS1, 1/6/2016 11:22:43 AM, 1:1, Sun-Tech Engineering, Inc. ( AEV ), Sun-Tech Engineering, Inc. ( AEV ) WATER AND SEWER PLAN www.suntecheng.com Fax (954)777-3114 Phone (954)777-3123Ft. Lauderdale, FL 33311 Certificate of Auth. # 70971600 West Oakland Park Boulevard FLORIDACITY OF BOYNTON BEACH Engineers - Planners - Surveyors hceT-nuS .cnI ,gnireenignE MEADOWS SQUARE - DAY CARE R E V I S I O N S K:\\PROJECTS\\15-xxx\\15-3746\\dwg\\3746ws.dwg, WS1, 1/6/2016 11:23:04 AM, 1:1, Sun-Tech Engineering, Inc. ( AEV ), Sun-Tech Engineering, Inc. ( AEV ) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Meadows Square Day Care (COUS 16-001/MSPM 16-001) APPLICANT: Bradley Miller, Miller Land Planning APPLICANTS ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2016 APPROVAL SOUGHT: Conditional Use approval associated with a request for Major Site Plan Modification approval for the demolition of the former Farm Store, and the construction of an 8,000 square foot day care facility and related site improvements, located in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 4791 N. Congress Avenue DRAWING(S): SEE EXHIBIT B ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the Citys Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit D with notation Included. 4. The Applicants request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\\Planning\\SHARED\\WP\\PROJECTS\\Meadow Square Day Care\\COUS 16-001/MSPM 16-001\\DO.doc CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT SCHEDULE FY 2015/16 - FY 2019/20 FY 2015/16FY 2016/17FY 2017/18FY 2018/19FY 2019/20 Project Priority PROJECT NAMEAdoptedPlanPlanPlanPlanTotal Audit Fee High 3,1503,2003,2503,2503,250 16,100 Boynton Beach Blvd Extension - Light Repairs High 20,000 20,000 Boynton Beach Blvd Extension - Sail Repair Medium 75,000 75,000 Boynton Beach Blvd Extension - Paver Repair10,000 10,000 Boynton Beach Blvd Extension - Fence Repair High 10,000 10,000 Boynton Beach Blvd Extension - Landscaping18,000 18,000 Boynton Beach Blvd Extension - Up Light Replacement High 20,000 20,000 Boynton Beach Blvd Extension - Paint Overhead Lighting Poles16,000 16,000 Boynton Beach Blvd (East of Federal Hwy) - Planters Box Repairs 75,000 75,000 Children's Museum - Paver Repair High 25,000 25,000 Children's Museum - Plaza Renovation20,000 20,000 Children's Museum - Painting Exterior & Soffit Repair35,000 35,000 High 6,000 6,000 High 3,000 3,000 5,000 5,000 10,000 10,000 4,000 4,000 20,000 20,000 High 120,000 120,000 750,000 750,000 200,000 200,000 90,000 90,000 300,000 300,000 10,000 10,000 325,000 325,000 110,000 110,000 22,000 22,000 55,000 55,000 15,000 15,000 10,000 10,000 15,000 15,000 250,000 250,000 40,000 40,000 40,000 40,000 4,000 4,000 150,000 150,000 12,000 12,000 25,000 25,000 Civic Center - Restrooms ADA60,000 60,000 10,000 10,000 4,000 4,000 General Government - Carpet Replacement Medium 10,00010,00010,00010,00010,000 50,000 General Government - HVAC Repairs Low 40,00040,00040,00040,00040,000 200,000 Library - Youth & Technical Services Space Modification Medium 35,000 35,000 Library - 2nd Floor Space Modification30,000 30,000 High 8,000 8,000 35,000 35,000 10,000 10,000 20,000 20,000 20,000 20,000 22,000 22,000 200,000 200,000 14,000 14,000 Library - ADA*34,149 34,149 Miscellaneous Small Projects High 20,00010,00010,00010,00010,000 60,000 Pistol Range Renovations High 190,000 190,000 Pistol Range ADA*6,794 6,794 Public Works Complex - Admin Bldg. & Warehouse Roofing60,000 60,000 Public Works Complex Painting43,000 43,000 9,000 9,000 11,000 11,000 High 50,000 50,000 20,000 20,000 4,000 4,000 25,000 25,000 Medium 185,000 185,000 25,863 25,863 Schoolhouse Children's Museum - ADA*16,088 16,088 Misc. Interior/Exterior Building Projects10,00010,00010,00010,000 40,000 Golf Restaurant HVAC Replacement10,000 10,000 Security - City Wide Upgrades - Door Hardware75,000 75,000 TOTAL GENERAL GOVERNMENT PROJECTS$ 490,150$ 2,132,006$ 588,250$ 334,338$ 969,250$ 4,513,994 G:\\CIP 2015\\FINAL CIS\\CIP 2015-16 to 2019-20.xlsxPage 1 of 41/25/2016 / 10:55 AM FY 2015/16FY 2016/17FY 2017/18FY 2018/19FY 2019/20 Project PROJECT NAMEAdoptedPlanPlanPlanPlanTotal Priority Art Center - Ceiling Tile Replacement10,00010,00010,000 30,000 Art Center - Awning7,000 7,000 Art Center - Pedestrian Crossing Gates High 20,000 20,000 Art Center - Parking Lot Resealing16,000 16,000 Art Center - Parking Lot Lighting50,000 50,000 Art Center - ADA*22,905 22,905 Barton Park - Replace Monument Sign & Paint Restroom5,000 5,000 Betty Thomas Neighborhood Park - Parking Lot Resealing Medium 5,0003,000 8,000 Betty Thomas Neighborhood Park - Pavilion Wood Sealing3,000 3,000 Betty Thomas Neighborhood Park - Parking Lot Resealing ADA4,200 4,200 Betty Thomas Neighborhood Park - Entry Sign High 3,000 3,000 Betty Thomas Neighborhood Park - Basketball Markings Medium 2,000 2,000 Betty Thomas Neighborhood Park - Basketball Markings ADA Medium 3,700 3,700 Betty Thomas Neighborhood Park - Tables and Cans12,000 12,000 Betty Thomas Neighborhood Park - Tables and Cans ADA9,000 9,000 Bicentennial Park - ADA*2,558 2,558 Boynton Lakes Park - Fitness Trail Equipment Medium 12,000 12,000 Boynton Lakes Park - Park Furnishing5,000 5,000 Boynton Lakes Park - Playground Equipment & Gazebo Painting32,000 32,000 Boynton Lakes Park - Playground Equip & Gazebo Painting ADA9,000 9,000 Boynton Lakes Park - Remove Bocci Court High 7,000 7,000 Boynton Beach Memorial Park (Cemetery) - ADA*29,145 29,145 Carolyn Sims Center and Denson Pool - Paint exterior25,000 25,000 12,000 12,000 11,000 11,000 High 80,000 80,000 10,000 10,000 30,000 30,000 Congress Ave Barrier Free - Playground Medium 200,000 200,000 12,000 12,000 High 22,000 22,000 29,000 29,000 High 20,00020,000 40,000 Edward Harmening Arbor Park - ADA*3,756 3,756 High 40,000 40,000 Galaxy Park - ADA*3,548 3,548 Hester Center - Basketball Court Resurfacing12,000 12,000 Hester Center - Park Furnishing15,000 15,000 High 20,000 20,000 High 12,000 12,000 High 8,000 8,000 High 20,000 20,000 High 30,000 30,000 150,000 150,000 High 23,000 23,000 20,000 20,000 5,000 5,000 40,000 40,000 300,000 300,000 25,000 25,000 100,000 100,000 360,000 360,000 6,000 6,000 8,000 8,000 25,000 25,000 60,000 60,000 8,000 8,000 16,000 16,000 10,000 10,000 3,000 3,000 80,000 80,000 8,000 8,000 500 500 Heritage Park - ADA*858 858 24,164 24,164 Hibiscus Park - Basketball Court Restoration and Fence High 18,000 18,000 Hibiscus Park - Basketball Court Restoration and Fence ADA High 9,000 9,000 Hibiscus Park - Tables and Cans Medium 6,000 6,000 Intracoastal Park - Carpet Replacement30,000 30,000 Intracoastal Park - Intracoastal Parking Lot Resealing45,000 45,000 High 32,000 32,000 High 2,500 2,500 High 57,000 57,000 High 35,000 35,000 G:\\CIP 2015\\FINAL CIS\\CIP 2015-16 to 2019-20.xlsxPage 2 of 41/25/2016 / 10:55 AM FY 2015/16FY 2016/17FY 2017/18FY 2018/19FY 2019/20 Project PROJECT NAMEAdoptedPlanPlanPlanPlanTotal Priority High 35,000 35,000 50,000 50,000 25,000 25,000 High 30,000 30,000 High 70,000 70,000 Medium 70,000 70,000 Jaycee Park - Pavilion #1 and #2 Painting8,000 8,000 Jaycee Park - Interpretive Art10,000 10,000 Jaycee Park - Restroom Building Exterior Painting12,000 12,000 Jaycee Park - Park Furnishings10,000 10,000 Jaycee Park - Parking Lot Resealing5,000 5,000 7,000 7,000 Medium 70,000 70,000 Kiwanis Sierra Park - ADA*2,039 2,039 3,000 3,000 Laurel Hills Park - Basketball Court Restoration8,000 8,000 Laurel Hills Park - Park Furnishings Medium 6,000 6,000 2,000 2,000 20,000 20,000 50,000 50,000 Madsen Center - ADA*28,825 28,825 Mangrove Park - Flooring7,500 7,500 Mangrove Park - Boardwalk1,600,000 1,600,000 High 8,000 8,000 3,000 3,000 10,000 10,000 High 6,000 6,000 High 7,000 7,000 12,000 12,000 5,000 5,000 Mangrove Walk at the Marina - ADA*9,438 9,438 Meadows Park - Restroom Building Exterior Painting6,000 6,000 Meadows Park - Fitness Trail Equipment9,000 9,000 Meadows Park - Park Furnishings25,000 25,000 Meadows Park - Parking Lot Resealing High 8,000 8,000 Meadows Park - Pathways/Sidewalks Repair75,000 75,000 Meadows Park - Tennis Courts Fencing12,000 12,000 6,000 6,000 16,000 16,000 14,000 14,000 8,000 8,000 95,000 95,000 16,000 16,000 7,000 7,000 Miscellaneous Small Parks Projects Low 10,00010,00010,00010,00010,000 50,000 Oceanfront Park - Parking Lot Lights30,000 30,000 High 8,000 8,000 60,000 60,000 7,000 7,000 High 30,000 30,000 High 6,000 6,000 20,000 20,000 35,000 35,000 15,000 15,000 6,000 6,000 6,000 6,000 High 30,000 30,000 38,000 38,000 25,000 25,000 Oyer Park - Parking Lot Resealing100,000 100,000 Oyer Park - Shade Sails15,000 15,000 14,000 14,000 2,000 2,000 7,000 7,000 7,000 7,000 Oyer Park - Dredge Channel100,000 100,000 8,000 8,000 7,000 7,000 High 140,000 140,000 15,000 15,000 High 20,000 20,000 5,000 5,000 Palmetto Greens Park - Restroom Bldg. Exterior Painting Medium 5,000 5,000 G:\\CIP 2015\\FINAL CIS\\CIP 2015-16 to 2019-20.xlsxPage 3 of 41/25/2016 / 10:55 AM FY 2015/16FY 2016/17FY 2017/18FY 2018/19FY 2019/20 Project Priority PROJECT NAMEAdoptedPlanPlanPlanPlanTotal 4,000 4,000 5,000 5,000 3,000 3,000 8,000 8,000 4,000 4,000 High 8,000 8,000 High 10,000 10,000 High 6,000 6,000 High 7,000 7,000 Parks-Furnishings (Cans, benches, picnic tables, etc.)Low 5,0005,0005,0005,0005,000 25,000 Pence Park - Park Furnishings6,000 6,000 5,000 5,000 6,000 6,000 14,000 14,000 5,000 5,000 Pioneer Canal Park - Restroom Bldg. Exterior Painting Medium 5,000 5,000 Pioneer Canal Park - Fishing Pier Repair8,000 8,000 8,000 8,000 75,000 75,000 Pioneer Canal Park - Tennis Court Fencing15,000 15,000 16,000 16,000 18,000 18,000 10,000 10,000 10,000 10,000 Low 14,000 14,000 Low 13,000 13,000 Low 16,000 16,000 Sara Sims Park - Basketball Court Restoration8,000 8,000 Sara Sims Park - Park Furnishings 9,000 9,000 20,000 20,000 Sara Sims Park Restroom Renovation ADA13,000 13,000 Sara Sims Park Irrigation Upgrade100,000 100,000 Sara Sims Park Parking Lot40,000 40,000 Sara Sims Park Parking Lot ADA7,000 7,000 Sara Sims Park Pavilion40,000 40,000 Sara Sims Park Water Fountain12,000 12,000 Sara Sims Park - ADA*30,198 30,198 Senior Center - Flooring38,000 38,000 Senior Center - Patio & Awning Repairs8,000 8,000 Senior Center - Trash Cans Low 3,000 3,000 Tennis Ctr. - Court Resurfacing Medium 10,00010,00010,00010,00010,000 50,000 30,000 30,000 5,000 5,000 48,000 48,000 41,000 41,000 1,000 1,000 3,000 3,000 High 21,000 21,000 Veterans Park - ADA*1,072 1,072 TOTAL RECREATION AND PARKS PROJECTS$ 1,070,200$ 2,693,269$ 1,060,050 $ 421,825$ 1,339,562$ 6,584,906 Citywide Public Safety Radio System2,500,000 2,500,000 Fire Training Site at Rolling Green100,000 100,000 Fire Station 2, 4, & 5 - Kitchen Renovations100,000 100,000 Fire Station #2 - Air Compressor & Fill Station High 90,000 90,000 Fire Station #3 - Parking Lot Resealing30,000 30,000 Fire Station #4 - Exterior Painting45,000 45,000 30,000 30,000 30,000 30,000 55,000 55,000 30,000 30,000 23,000 23,000 20,000 20,000 20,000 20,000 Fire Station #5 - ADA*11,960 11,960 TOTAL PUBLIC SAFETY PROJECTS$ 90,000$ 2,679,960$ 240,000$ 55,000$ 20,000$ 3,084,960 Sidewalks - Replacement High 150,00075,00075,00075,00075,000 450,000 Sidewalks Ramp - ADA (estimate)150,000150,000150,000150,000 600,000 Street Maintenance/Impv.Medium 100,000600,000600,000600,000500,000 2,400,000 Model Block 10th and 11th Avenue High 430,000 430,000 Bridge Repair - Maintenance & Improvements High 110,00045,00045,00045,00045,000 290,000 FEC Crossing Upgrade High 25,00025,00025,00025,00025,000 125,000 FEC - Pedestrian Crossing Medium 25,000 25,000 TOTAL TRANSPORTATION/ROADWAY PROJECTS $ 840,000$ 895,000$ 895,000$ 895,000$ 795,000$ 4,320,000 INFORMATION TECHNOLOGY PROJECTS$ 73,000$ 505,778$ 220,640$ 220,640$ 1,220,640$ 2,240,698 GRAND TOTAL $ 2,563,350$ 8,906,013 $ 3,003,940 $ 1,926,803$ 4,344,452 $ 20,744,558 G:\\CIP 2015\\FINAL CIS\\CIP 2015-16 to 2019-20.xlsxPage 4 of 41/25/2016 / 10:55 AM UTILITY CAPITAL IMPROVEMENT SCHEDULE FY 2015/16 - FY 109/20 5 Year CIP 2015/20162016/2017 2017/2018 2018/2019 2019/2020 PROJECT Project Name AdoptedPlanPlanPlanPlan TOTAL Fund Neighborhood Utility Improvements 403Chapel Hill/Mission Hill/Lake Eden WATER Main Replacement - 200,000 200,000 $ 400,000 Chapel Hill subtotal - - - 200,000 200,000 $ 400,000 Golfview Harbor STORMWATER Improvements-surface water 403 100,000 100,000 100,000 - - $ 300,000 quality pre-treatment Golfview Harbor subtotal 100,000 100,000 100,000 - - $ 300,000 403Dimmick & Potter Utility Water Improvements - - 400,000 - - $ 400,000 Dimmick & Potter subtotal - - 400,000 - - $ 400,000 403Seacrest Corridor Swale/STORMWATER Management 2,000,000 2,000,000 1,300,000 $ 5,300,000 403Seacrest Corridor WATER Main Replacement 2,000,000 2,500,000 1,200,000 $ 5,700,000 $ 11,000,000 4,500,000 2,500,000 - - Seacrest Corridor subtotal 4,000,000 403Manhole R & R 150,000 150,000 150,000 150,000 150,000 $ 750,000 403Sand Castle Water Distribution Improvements 500,000 $ 500,000 403Oak Street Stormwater Improvements 150,000 - $ 150,000 403Venetian and Treasure Iles, NW 1st Ave -Storm Drainage Systems 850,000 $ 850,000 403NW 1st/2nd Street -Stormwater Improvements 1,100,000 $ 1,100,000 403NE 20th Avenue - Stormwater Improvements 500,000 $ 500,000 SE 26th Avenue - Stormwater Improvement 400,000 $ 400,000 East Heart of Boynton stormwater study (NE 3rd Street) 403 200,000 - $ 200,000 Stormwater Improvements Pipeline Rehab (gravity, F/M, laterals) SEWER various locations, 403 1,500,000 $ 1,500,000 Phase V repairs Pipeline Rehab (gravity, F/M, laterals) SEWER various locations, 403 100,000 300,000 300,000 300,000 300,000 $ 1,300,000 11/12 Barista Way 403Rehabilitate STORMWATER Systems, various locations 200,000 200,000 200,000 200,000 200,000 $ 1,000,000 WATER Main Replacement (Federal Hwy DOT agreement, 403 70,000 70,000 70,000 70,000 70,000 $ 350,000 Lawrence Road, Seacrest Blvd - reuse project) Potter Dimick - N. Federal Hwy 12/13 North and South Road Stormwater Improvements PH 1 403 1,000,000 $ 1,000,000 STORMWATER $ 5,820,000 $ 3,720,000 $ 920,000 $ 1,320,000 $ 21,700,000 $ 9,920,000 Neighborhood Utility Improvements: 403 Water Supply and Plant Improvements Wellfield/Supply/Storage Wellfield & Water Storage Control Telemetry (Asset Mgmt.) 403 200,000 10,000 10,000 10,000 10,000 $ 240,000 WATER 403Wellfield Rehabilitation - column pipe, pumps, motors, etc. 403Wellfield Rehabilitation - column pipe, pumps, motors, etc. 300,000 300,000 300,000 300,000 300,000 $ 1,500,000 Wellfield Improvements 500,000 310,000 310,000 310,000 310,000 1,740,000 403Replace Pumps and Speed Drives, Sludge Pumps, transmitters, etc. 100,000 100,000 100,000 100,000 100,000 $ 500,000 403Water Plant Repairs - Mechanical 100,000 100,000 100,000 100,000 100,000 $ 500,000 403Water Plant Repairs - Electrical 150,000 100,000 150,000 100,000 150,000 $ 650,000 403Water Plant Repairs - Treatment 50,000 125,000 25,000 125,000 125,000 $ 450,000 403East Plant rehabilitation (filter repair, offices, basin rehab) 369,844 $ 369,844 East Plant rehabilitation - Ground Water Rule regulation 403 583,498 $ 583,498 requirements East Plant rehabilitation - East Plant replacement capacity , basins, 403 7,968,609 $ 7,968,609 valves, generator, plumbing, control Security upgrades - perimeter protection and surveillance entry 403 323,129 30,000 30,000 30,000 30,000 $ 443,129 notification 403Admin Building Repairs, carpeting, A/C, roofing, flooring 227,382 200,000 35,000 35,000 35,000 $ 532,382 Plant Improvements 9,872,462 655,000 440,000 490,000 540,000 11,997,462 403Water Main Valves Program 168,000 180,000 180,000 180,000 180,000 $ 888,000 403Replace Laboratory Equipment 32,000 32,000 32,000 32,000 32,000 $ 160,000 G:\\CIP 2015\\FINAL CIS\\CIP Utilities 2015-16 to 2019-20.xlsx:Utility 1 of 21/25/2016 11:14 AM 5 Year CIP 2015/20162016/2017 2017/2018 2018/2019 2019/2020 PROJECT Project Name AdoptedPlanPlanPlanPlan TOTAL Fund 403Water Meter Replacement 25,000 25,000 25,000 25,000 25,000 $ 125,000 Ocean 500 Improvements 350,000 $ 350,000 West Water Treatment Plant - ADA 4,174 $ 4,174 404REUSE Distribution System - 8 MGD Program 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 $ 10,000,000 404 Raw water main - Segment C 4,000,000 $ 4,000,000 Ionic exchange, water treatment located at the west plant ($4.1M) 404 7,292,932 - $ 7,292,932 & pump station ($1.744M) East Plant growth changes, storage tank, high service pumps, 404 4,859,761 - - $ 4,859,761 energy efficiency 404Utility Accquisition - MP 2,250,000 $ 2,250,000 Remote Storage and Pumping Facility (NE Quadrant), 404 180,000 3,320,000 - $ 3,500,000 EXPANSION $ 10,951,636 $ 1,202,000 $ 987,000 $ 1,037,000 $ 1,087,000 $ 15,264,636 Water Supply and Plant Improvements - 403 $ 20,402,693 $ 2,180,000 $ 5,320,000 $ 2,000,000 $ 2,000,000 $ 31,902,693 Water Supply and Plant Improvements - 404 Wastewater System Improvements Lift Stations 403Lift Stations Pump Replacement program 120,000 120,000 120,000 120,000 120,000 $ 600,000 Master Lift Station Rehabilitations - Mechanical & Electrical, 403pumps and odor control 316, 319, or 356 dependent on Pence 1,000,000 1,000,000 500 500 $ 2,001,000 Park LS relief Master Lift Station Rehabilitations - Mechanical & Electrical, 403 1,200,000 $ 1,200,000 pumps and odor control LS309 403Force Main Valves and Air Release Valves (Congress) 700,000 $ 700,000 Ocean Ridge Wastewater Expansion to LS104 350,000 $ 350,000 Avondale Pines - LWDD Project (Wastewater) 3,000,000 3,000,000 $ 6,000,000 Beach Plant Replacement 975,000 $ 975,000 Riverwalk Plaza (Wastewater Improvement) 250,000 250,000 $ 500,000 Lift Station Communications Upgrade 500,000 500,000 $ 1,000,000 403Rehab Pumping Station Control Telemetry (Asset Mgmt.) SEWER 30,000 30,000 30,000 30,000 30,000 $ 150,000 403Emergency stationary generators or pumps 100,000 200,000 200,000 200,000 200,000 $ 900,000 404Silverwood Estates (Force Main) 300,000 $ 300,000 404Regional Plant Force Main - - - - - $ - $ 6,025,000 $ 5,800,000 $ 1,850,000 $ 350,500 $ 350,500 $ 14,376,000 Wastewater System Improvements - 403 TOTAL $ 300,000 $ - $ - $ - $ - $ 300,000 Wastewater System Improvements - 404 TOTAL $ 809,800 $ 100,000 $ - $ - $ - $ 909,800 Studies/Analyses/Misc. - TOTAL Regional Plant 403SCRWWTP CIP Funding 500,000 500,000 500,000 500,000 500,000 $ 2,500,000 403Bio-solid Pelletization Program $ - $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 2,500,000 Regional Plant - TOTAL $ 28,206,436 $13,422,000 $ 7,057,000 $ 2,807,500 $ 3,257,500 $ 54,750,436 Grand Total Utilities CIP - 403 Fund $ 20,702,693 $ 2,180,000 $ 5,320,000 $ 2,000,000 $ 2,000,000 $ 32,202,693 Grand Total Utilities CIP - 404 Fund $ 48,909,129 $15,602,000 $12,377,000 $ 4,807,500 $ 5,257,500 $ 86,953,129 Combined Total Utilities CIP G:\\CIP 2015\\FINAL CIS\\CIP Utilities 2015-16 to 2019-20.xlsx:Utility 2 of 21/25/2016 11:14 AM PROJECT: I-95 and Woolbright Road Interchange Improvements Lead Agency: FDOT Description: The project is under construction. Work consists of widening Woolbright Road from SW 18thStreet to SW 2nd Street, including roadway approaches and bridges over I-95 and the railroad tracks to provide dual eastbound left turn lanes onto northbound I-95; widening the I-95 northbound entrance ramp to receive the newly constructed dual eastbound left turn lanes; reconstructing the southbound exit ramp to provide free-flow right turn onto westbound Woolbright Road; retrofitting the railings on the Woolbright Road bridges over I-95 and the railroad to meet current criteria; and milling and resurfacing the entire width of Woolbright Road, and along the I-95 ramps within project limits. Other improvements include utility relocation, bridge construction, installation of barrier walls, curbs, sidewalks, guardrail, drainage, overhead signs, signing and pavement markings, signals, lighting, and retaining walls. Funding: Funds for the construction were programmed in FY 2014, 2015 and 2016. Funding for current fiscal year: $684,896