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Agenda 04-08-03I. Call to Order. COMMUNITY REDEVELOPMENT AGENCY Tuesday, April 8, 2003 Commission Chambers Boynton Beach 6:30 P.M. II. Roll Call. III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda. IV. B. Adoption of Agenda. Consent Agenda. ~ A. Approval of Minutes - March 11,2003 CRA Board Meeting and March 8th Workshop. B. Financial Report i2G,~ C. Purchasing Manual I~l~ D. Terrorist Risk Insurance V. Public Audience. VI. Public Hearing New Business A. Zoning Code Variance Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1233 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (ZNCV 03-002) I,~c~ Jeffrey T. Schnars 924 Venture L.L.C. 924 North Federal Highway Request relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3, requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building. B. Major Site Plan Modification 1. PROJECT: AGENT: The Marina (MSPM 03-001) ~ ~c~7L, OWNER: Lawrence Justiz, TRG-Boynton Beach, Ltd. LOCATION: TRG-Boynton Beach, Ltd. DESCRIPTION: 743 NE 1st Avenue C. Code Review Request for Major Site Plan Modification to increase multifamily units to 338 and add 12 townhouse units, decrease commercial/retail space to 24,591 square feet, increase garage parking spaces to 740 spaces, increase total project height to 168 feet, and other related site modifications. 1. PROJECT: The Marina (CDRV 03-001) AGENT: Lawrence Justiz, TRG-Boynton Beach, Ltd. OWNER: TRG-Boynton Beach, Ltd. LOCATION: 743 NE 1st Avenue Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1234 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. DESCRIPTION: Request to amend the Land Development Regulations Chapter 2. Zoning, Section 6.F. MIXED USE ZONING DISTRICTS, TABLE 6F-1, SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES to include Residential, Single-Family, Attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district. Eo 2. PROJECT: AGENT: LOCATION: DESCRIPTION: Height Exception 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Landscape Appeal 1. PROJECT: AGENT: OWNER: Indoor Recreation Facilities/Athletic Competitions i~:~--~ (CDRV 03-002) City Initiated C-3, Community Commercial and C-4 General Commercial Districts To amend the Land Development Regulations, Chapter 1, Definitions by adding a definition for "Athletic Competitions", and to amend Chapter 2, Zoning, Section 6.C.1 .m by adding "Athletic Competitions" as a conditional use and creating a separate use group for outdoor recreation uses. The Marina (HTEX 03-002) i ,.~ 3~, Lawrence Justiz, TRG-Boynton Beach, Ltd. TRG-Boynton Beach, Ltd. 743 NE 1st Avenue Request for Height Exception of 18 feet above the MU-H district limitation of 150 feet. Vermeer Southeast Sales (LAAP 03-001) Jon E. Schmidt & Associates Denbesten & Bokhoven, Ltd. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1235 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. LOCATION: DESCRIPTION: 1060 W. Industrial Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article 11, Section 5.E, buffer requirements, to avoid the requirement to install trees and a continuous hedge along the east (rear) perimeter. VII. Director's Report: A, Updates 1) Urban Group Invoice detail. 2) Land Acquisition - Promenade/Riverwalk/Park Extension 3) Status of Contract- Design/Build Promenade/Riverwalk 4) Status of Commission/CRA Workshop 5) Status of April 24th CRA workshop and Agenda items 6) Status of Design Guidelines Piggyback Contract 7) Status of Sign Program Old Business: J.'~F3 5 A. Consideration of Fa(;ade Grant Request Boynton Boundless, L.L.C. 1 3.5' G B. Consideration of Southern Homes request for Banners at the Murano Bay temporary sales office. 1~sr~ Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1236 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 Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. IX. New Business: A. Consideration of Staff direction to develop a RFQ for a Design/Build Team competition for the Savage Creatures of Ancient Seas Project. 1'2.~ c~ B. Consideration of "Piggy Back" Contract for Real Estate Services with the Urban Group ¢. Consideration of contract for acquisition tasks in the Heart of Boynton by the Urban Group. I '~ ~ ~ D. Consideration of the Distribution list for CRA Meeting Minutes. X. Other Items: X?. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1237 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-73%3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. IV. Consent Agenda. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1238 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 Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO TO: Board of Directors FROM: Susan Vielhauer 0¢(/ SUBJECT: Correction to the Budget to Actual Comparison Financial Statement. DATE: 4/08/2003 The CRA Board requested that I customize the "Budget to Actual Comparison Financial Statement" several times to aid the CRA Board's understands of our Actual Income and Expenses as compared to the Budgeted Income and Expenses. As with any spreadsheet programs, formats and formulas move during these revisions. I missed the formula change with the latest spreadsheet. I am providing you with a corrected spreadsheet. This spreadsheet pulls information from the General Ledger. The Ledgers are all correct but the formulas for the "Budqet to Actual Comparison Financial Statement Sheet" were incorrect. Therefore, our "accounting" has always been correct. Attached you will find a revised "Budget to Actual Comparison of Income verses Expenses Statement". Please replace this spreadsheet with the existing one in your package. On another question pertaining to why there is a difference between the "Balance Sheet, Cash and Cash Equivalents Cash and Cash Equivalents Section" and the "Budgeted to Actual Comparison Financial Statement" and, "Total Reserve Balance". The difference is that the Accounts Payable and Accrued Liabilities must be added to the "Total Reserve Balance" to equal the balance in the "Cash and Cash Equivalents" along with rounding in the Beginning Balance. March 31, 2002 Beginning Balance Revenues TI F Taxes City Transfer Funds Grant Funding Interest Income Other Income Total Revenue Expenditures Personal Cost Salaries Salary Expense Contract Labor Total Salaries Payroll Taxes Workers Comp Health Insurance Life Insurance Total Personal Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total Equipment Leases Expenses Insurance Property Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Licenses, Books, Publication Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publication Advertising & Public Notices Career Development Printing Office Expense Miscellaneous Expense Debt Service Principal Payment Interest Expense Total Debt Service Operating Expense Community Redevelopment Agency of Boynton Beach 2002/2003 Year To Current YTD 02/03 % of 2002/2003 Amended Date Period Totals Including Budget Budget Budget 1/14/2003 Totals March Current Month Remainin~ Remainin~ 5,780,416.00 5,790,391.00 5,790,391.00 6,113,194.58 5,790,391.00 5,790,391.00 1,675,380.00 1,675,380.00 1,330,408.92 0.00 1,330,408.92 344,971.08 21% 385,000.00 385,000.00 17,834.98 0.00 17,834.98 367,165.02 95% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 15,000.00 15,000.00 37,101.38 7,086.37 44,187.75 0.00 0% 0.00 0.00 0.00 0.00 0.00 0.00 N/A 7,855,796.00 7,865,771.00 1,385,345.28 7,086.37 1,392,431.65 712,136.10 23,846.12 11,923.06 35,769.18 41,982.56. 0.00 41,982.56 155,000.00 155,000.00 65,828.68 11,923.06 77,751.74 77,248.26 50% 11,625.00 11,625.00 2,511.08 1,262.70 3,773.78 7,851.22 68% 8,130.00 8,130.00 0.00 1,357.50 1,357.50 6,772.50 83% 21,000.00 21,000.00 4,581.85 966.86 5,548.71 15,451.29 74% 540.00 540.00 0.00 0.00 0.00 540.00 100% 196,295.00 196,295.00 72,921.61 15,510.12 88,431.73 107,863.27 55% 21,600.00 21,600.00 15,715.90 6,001.30 21,717.20 -117.20 -1% 6,000.00 6,000.00 688.91 674.06 1,362.97 4,637.03 77% 100,000.00 100,000.00 17,347.48 0.00 17,347.48 82,652.52 83% 7,500.00 7,500.00 0.00 0.00 0.00 7,500.00 100% 2,700.00 2,700.00 988.86 150.00 1,138.86 1,561.14 58% 12,000.00 12,000.00 647.50 0.00 647.50 11,352.50 95% 149,800.00 149,800.00 35,388.65 6,825.36 42,214.01 107,585.99 72% 35,000.00 38,880.00 5,720.00 1,120.00 6,840.00 28,160.00 80% 9,360.00 9,360.00 4,005.98 624.75 4,630.73 4,729.27 51% 2,100.00 2,100.00 631.42 135.24 766.66 1,333.34 63% 46,460.00 50,340.00 10,357.40 1,879.99 12,237.39 34,222.61 74% 3,600.00 3,600.00 1,118.18 343.00 1,461.18 2,138.82 59% 1,250.00 1,250.00 360.00 0.00 360.00 890.00 71% 1,000.00 1,000.00 1,847.18 0.00 1,847.18 -847.18 -85% 2,000.00 2,000.00 3,904.00 0.00 3,904.00 -1,904.00 -95% 4,250.00 4,250.00 6,111.18 0.00 6,111.18 -1,861.18 -44% 1,500.00 1,500.00 1,848.10 305.96 2,154.06 -664.06 -44% 2,000.00 3,000.00 2,768.34 0.00 2,768.34 231.66 8% 1,750.00 1,750.00 242.17 215.46 457.63 1,292.37 74% 3,600.00 3,600.00 1,523.06 276.92 1,799.98 1,800.02 50% 8,850.00 9,850.00 6,381.67 798.34 7,180.01 1,669.99 19% 1,800.00 1,800.00 2,001.10 591.94 2,593.04 -793.04 -44% 250.00 250.00 179.50 0.00 179.50 70.50 28% 1,500.00 3,000.00 2,039.37 0.00 2,039.37 960.63 32% 250.00 250.00 130.76 0.00 130.76 119.24 48% 2,000.00 3,500.00 2,349.63 0.00 2,349.63 1,150.37 58% 4,000.00 4,000.00 300.00 0.00 300.00 3,700.00 93% 750.00 750.00 0.00 160.00 160.00 590.00 79% 1,250.00 1,250.00 774.50 157.51 932.01 317.99 25% 500.00 500.00 221.79 0.00 221.79 278.21 56% 0.00 130,640.53 0.00 63,653.37 63,653.37 66,987.16 51% 0.00 186,657.74 0.00 94,995.77 94,995.77 91,661.97 49% 0.00 317,298.27 0.00 158,649.14 158,649.14 158,649.13 50% 419,555.00 743,233.27 137,925.71 ~184,915.40 322,641.11 415,512.16 99% March 31, 2002 PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Printing Programs Festivals/Events/Seminars Fa~:ade Grants Economic Incentive Grants PROJECTS Relax Inn Closing & Demo Riverwalk / Promanade Projects MLK Commercial Way-Finding Signage Riverwalk I Promanade Land High School Project TOTALS EXPENSES Note Payable TOTAL RESERVE BALANCE 2002/2003 Year To Current 2002/2003 Amended Date Period Budget 1/14/2003 Totals March 20,000.00 20,000.00 18,069.07 5,486.87 35,000.00 35,000.00 1,135.70 0.00 25,000.00 25,000.00 0.00 0.00 50,000.00 50,000.00 8,653.49 -510.93 100,000.00 100,000.00 0.00 0.00 100,000.00 100,000.00 0.00 0.00 1,100,000.00 1,100,000.00 886,095.30 0.00 750,000.00 750,000.00 437.11 437.11 250,000.00 250,000.00 0.00 0.00 25,000.00 25,000.00 5,725.32 5,295.04 200,000.00 200,000.00 4,000.00 300.00 0.00 0.00 500.00 0.00 2,877,526.00 3,398,233.27 1,062,541.70 195,923.49 3,000,000.00 0.00 0.00 0.00 1,978,270.00 4,467,537.73 6,113,194.58 5,924,357.46 YTD 02/03 % of Totals Including Budget Budget Current Month Remaining Remaining 23,555.94 -3,555.94 -18% 1,135.70 33,864.30 97% 0.00 25,000.00 100% 8,142.56 41,857.44 84% 0.00 100,000.00 100% 0.00 100,000.00 100% 886,095.30 213,904.70 19% 874.22 749,125.78 100% 0.00 250,000.00 100% 11,020.36 13,979.64 56% 4,300.00 195,700.00 98% 500.00 0.00 1,258,465.19 2,135,388.08 0.00 0.00 5,924,357.46 4,367,139.02 MEMO TO: CRA Board FROM: SUBJECT: Susan Vielhauer Justification for Budget Transfer Request DATE: 4/8/2003 The following budget transfer request is being presented to the CRA Board for approval. The Executive Director has experienced the need to quarterly keep the budget up to date and not run negative line item balances. Because this is the first CRA Budget with operational expenses, several line items are requiring adjustment. Future budgets should better forecast line item needs. Staff is also requesting direction on the following: How often the CRA Board would like a budget transfer request submitted for their approval? Would the CRA Board like a variance report to be included with the "Budget to Actual Income and Expense Statement" explaining why a line item is over budget each month. This generates staff work monthly rather that saving it up for quarterly or semi annually or annual adjustments. Staff recommends not having a monthly report. I have poled the following CRA's and have provided their responses to these two questions: Name and Location of How often do the submit Do you do a variance Agency budget transfer request? report explaining why a line item is over budget? CRA, City of Delray Beach When Needed usually Yes if it is a large variance Once or Twice a Year. City of Delray Beach Once or Twice a Year Yes CRA Palm Beach County Westgate CRA, City of Lake Worth CRA City of West Palrr Beach One Budget Transfer a Year One Budget Transfer a Year As Needed usually Once or Twice a Year. No Yes if it is a large variance Yes if it is a large variance MEMO TO: Board of Directors FROM: Susan Vielhauer ~ SUBJECT: Financials DATE: April 1, 2003 We received $7,086.37 in interest for the Money Market Account this month. We made our loan payment for March and secured Workers Compensation. I have attached a memo explaining the TIF Projection Shortages and a Budget Transfer Request with the Financials. 1265 MEMO TO: CRA Board FROM: Susan Vielhauer ~ SUBJECT: TIF Projection Shortage for 2002 March 28,2003 I have been working with Dino Maniotis of the Palm Beach County Tax Appraiser's Office for the past two months to determine the reason for the TIF funds falling short of the projections. Last year the Palm Beach County Tax Appraiser's Office installed a new computer program. During the data conversion there were 21 parcels totaling $24,861,481.00 that were duplicated. This is a one time error and the computer program has been corrected so that new TIF projects will be accurate. 1266 BUDGET TRANSFER REQUEST To: CRA Board From: CRA Staff Date: * Budget Data Only Adjustment Resulting Present Increase Adjusted Number Description Budget (Decrease) Budget 1 TIF Taxes 1,675,380 (344,971 ) 1,330,409 2 Legal 21,600 10,000 31,600 3 Bond / Liability Insurance . 1,000 850 1,850 4 Professional Insurance 2,000 2,000 4,000 5 Business Meeting 1,500 2,000 3,500 6 !Office Equipment / Furniture 20,000 3,556 23,556 7 Balance on Reserves 4,467,538 363,377 4,104,161 * Use Whole Dollars Only Controller: CRA Director: 1267 MEMO TO: CRA Board FROM: Susan Vielhauer CC: Douglas Hutchinson ~ SUBJECT: Medical Expenses for Tour of Old High School DATE: 03/11/2003 I sent a letter to Kurt Bressner City Manager with a request for payment of a $500.00 bill from the medical examiner for exams preformed on persons that went through the Old High School. This effort was taken on at the request of the City Commission when the CRA was charged with making a recommendation as to the school's future. The City Managers office has responded to the letter with a written response that is attached. He states that the City Staff is not authorized to pay this bill due to a timing issue. Therefore, the CRA will incur the expense as an expense to assess the potential of the adaptive reuse which occurred prior to the City of Boynton Beach's establishment of the Task Force. 1268 MEMO TO: Kurt Bressner CC: Larry Finkelstein and Douglas Hutchinson SUBJECT: High School Task Force DATE: 02/26/2003 We have received our first bill from the medical examiner. These exams were required for the participants of the High School walk through. We are paying this bill at this time. We would like to request the $500.00 from the approved task force budget from the City. of Boynton Beach. If it would be more convenient for the City of Boynton Beach to transfer the entire $50,000.00 for the CRA to manage at this time, we can also do this and give a regular accounting to the City of Boynton Beach. I will await to here your direction. Thank You Susan Vielhauer .1269 RECEIVED _ I MAR - ~ 2003 CITY MANAGER'S OFFICE March 31,2002 Beginning Balance Revenues TIF Taxes City Transfer Funds Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salades Salary Expense Contract Labor Total Salaries Payroll Taxes Workers Comp Health Insurance Life Insurance Total Personel Cost Professional Services Legal City Staff Contracted Services Audit Maint. & Cleaning I.T. Support Total Professional Services Office Rent Expense Phone Expense Electric Expense Office Total Equipment Leases Expenses Insurance Property Insurance Bond/Liability Insurance Professional Insurance Insurance Total Travel Expense Business Meetings Seminars Mileage & Delivery Services Car Allowance- Director Total Travel Expenses Office Supplies Licenses, Books, Publlcatl0n Licenses, Fees, Permits Memberships, Subscriptions Books & Publication Total Licenses, Books, Publication Advertising & Public Notices Career Development Printing Office Expense Miscellaneous Expense Debt Service Principal Payment Interest Expense Total Debt Service Operating Expense Community Redevelopment Agency of Boynton Beach 2002/2003 Year To Current YTD 02/03 2002/2003 Amended Date Period Totals Including Budget Budget 1/14/2003 Totals March Current Month Remaining 5,780,416.00 5,790,391.00 5,790,391.00 4,298,210.73 4,109,373.61 4,243,340.07 1,675,380.00 1,675,380.00 1,330,408.92 0.00 1,330,408.92 344,971.08 385,000.00 385,000.00 17,834.98 0.00 17,834.98 367,165.02 0.00 0.00 0.00 0.00 0.00 0.00 15,000.00 15,000.00 37,101.38 7,086.37 44,187.75 N/A 0.00 0.00 0.00 0.00 0.00 N/A 7,855,796.00 7,865,771.00 1,385,345.28 7,086.37 1,392,431.65 712,136.10 23,846.12 11,923.06 35,769.18 41,982.56 0.00 41~982.56 155,000.00 155,000.00 65,828.68 11,923.06 77,751.74 77,248.26 11,625.00 11,625.00 2,511.08 1,262.70 3,773.78 7,851.22 8,130.00 8,130.00 0.00 1,357.50 1,357.50 6,772.50 21,000.00 21,000.00 4,581.85 966.86 5,548.71 15,451.29 540.00 540.00 0.00 0.00 0.00 540.00 196,295.00 196,295.00 72,921.61 15,510.12 88,431.73 107,863.27 21,600.00 21,600.00 15,715.90 6,001.30 21,717.20 -117.20 6,000.00 6,000.00 688.91 674.06 1,382.97 4,637.03 100,000.00 100,000.00 17,347.48 0.00 17,347.48 82,652.52 7,500.00 7,500.00 0.00 0.00 0.00 7,500.00 2,700.00 2,700.00 988.86 150.00 1,138.86 1,561.14 12~000.00 12,000.00 647.50 0.00 647.50 11,352.50 149,800.00 149,800.00 35,388.65 6,825.36 42,214.01 107,585.99 35,000.00 38,880.00 5,720.00 1,120.00 6,840.00 28,160.00 9,360.00 9,360.00 4,005.98 624.75 4,630.73 4,729.27 2,100.00 2,100.00 631.42 135.24 766.66 1~333.34 46,460.00 50,340.00 10,357.40 1,879.99 12,237.39 34,222.61 3,600.00 3,600.00 1,118.18 343.00 1,461.18 2,138.82 1,250.00 1,250.00 360.00 0.00 360.00 890.00 1,000.00 1,000.00 1,847.18 0.00 1,847.18 -847.18 2,000.00 2,000.00 3~904.00 0.00 3~904.00 -1,904.00 4,250.00 4,250.00 6,111.18 0.00 6,111.18 -1,861.18 1,500.00 1,500.00 1,848.10 305.96 2,154.06 -654.06 2,000.00 3,000.00 2,768.34 0.00 2,768.34 231.66 1,750.00 1,750.00 242.17 215.46 457.63 1,292.37 3,600.00 3,600.00 1,523.06 276.92 1,799.98 1,800.02 8,850.00 9,850.00 6,381.67 798.34 7,180.01 1,669.99 1,800.00 1,800.00 2,001.10 591.94 2,593.04 -793.04 250.00 250.00 179.50 0.00 179.50 70.50 1,500.00 3,000.00 2,039.37 0.00 2,039.37 960.63 250.00 250.00 130.76 0.00 130.76 119.24 2,000.00 3,500.00 2,349.63 0.00 2,349.63 1,150.37 4,000.00 4,000.00 300.00 0.00 300.00 3,70~00 750.00 750.00 0.00 160.00 160.00 590.00 1,250.00 1,250.00 774.50 157.51 932.01 317.99 500.00 500.00 221.79 0.00 221.79 278.21 0.00 130,640.53 0.00 63,653.37 63,653.37 66,987.16 0.00 186r657.74 0.00 94r995.77 94r995.77 91~661.97 0:00 317~298.27 0.00 158r649.14 158~649.14 158,549.13 4t9,555.00 743,233.27 137,925.7t]270184,9.15.40 322,84'1.1 ~ 415,5'12.J 6 % of Budget Remaining 79% 5% 295% 50% 68% 83% 74% 100% 55% -1% 77% 83% 100% 58% 95% 72% 80% 51% 63% 74% 59% 71% -85% -95% -44% -44% 8% 74% 50% 19% -44% 28% 32% 48% 58% 93% 79% 25% 56% 51% 49% 5O% 99% March 31, 2002 PROGRAMS Office Equipment/Furniture Office Leasehold Improvements Printing Programs Festivals/Events/Seminars Fagade Grants Economic Incentive Grants PROJECTS Relax Inn Closing & Demo RIverwalk / Promanade Projects MLK Commercial Way-Finding Signage RIverwalk / Promanade Land High School Project TOTALS EXPENSES Note Payable TOTAL RESERVE BALANCE 2002/2003 2002/2003 Amended Budget 1/14/2003 0.00 20,000.00 35,000.00 35,000.00 25,000.00 25,000.00 50,000.00 50,000.00 100,000.00 100,000.00 100,000.00 100,000.00 Year To Current Date Pedod Totals March 18,069.07 5,486.87 1,135.70 0.00 0.00 0.00 8,653.49 -510.93 0.00 0.00 0.00 0.00 1,100,000.00 1,100,000.00 886,095.30 0.00 750,000.00 750,000.00 437.11 437.11 250,000.00 250,000.00 0.00 0.00 25,000.00 25,000.00 5,725.32 5,295.04 200,000.00 200,000.00 4,000.00 300.00 0.00 0.00 500.00 0.00 YTD 02/03 % of Totals Including Budget Budget Current Month Remaining Remainin~l 23,555.94 -23,555.94 1,135.70 33,864.30 0.00 25,000.00 8,142.56 41,857.44 0.00 100,000.00 0.00 100,000.00 886,095.30 213,904.70 874.22 749,125.78 0.00 250,000.00 11,020.36 13,979.64 4,300.00 195,700.00 500.00 0.00 2,877,526.00 3,398,233.27 -2,877,525.55 195,923.49 1,258~465.19 2,115,388.08 3,000,000.00 0.00 0.00 0.00 0.00 0.00 -t18% 97% 100% 64% 100 % 100% 1,978,270.00 4,4.~67,53_._~7.7._~.3 4,298,210.73 4,109,373.61 4,243,340.07 2,640,088.09 19% 100% 100% 56% 98% 1271 ASSETS Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds 31-Mar.02 Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Furn./Equip Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable Accrued Liabilities Note Payable Total Liabilities Fund Balances: "General Fund Change in Fund Balance Total Fund Balances Total Liabilities and Fund Balances 5,926,200.35 $ $ $ $ $ $ 886,095.30 $ 874.22 $ 4,300.00 $ 6,955.68 $ 6,824,425.55 $ 1,147.72 $ 695.40 $ 2,877,525.55 $ 2,879,368.67 $ 2,912,865.22 $ 1,032,191.66 $ 3,945,056.88 $ 6,824,425.55 1272 Community Redevelopment Agency of Boynton Beach Revenue Tax Increment Funds Tax Increment Funds: Total Tax Increment Funds Income Statement March 31, 2002 Current YTD $1,330,408.92 $0.00 Current Total $1,330,408.92 City Funds City Transfer Funds Total City Funds $0.00 $1,330,408.92 $1,330,408.92 $0.00 $17,834.98 $17,834.98 Grants, Project Reimbursements Grant Funding Total Grants and Projects $0.00 $17,834.98 $17,834.98 Interest Income Interest Income Total Interest Income Other Income Other Income Total Other Income Total Sources of Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,086.37 $37,101.38 $44,187.75 $7,086.37 $37,101.38 $44,187.75 $0.00 $1,444.00 $1,444.00 $0.00 $1,444.00 $1,444.00 $7,086.37 $1,386,789.28 $1,393,875.65 1273 Uses of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Total Debt Service Current $63,653.37 $94,995.77 $158,649.14 Project Expenses Festivals / Events / Seminars Way-Finding Signage Fa(;ade Grant Program Economic Incentive Program High School Project Total Project Expenses $933.07 $5,295.O4 $0.00 $0.00 $0.00 $6,228.11 General & Administrative Salaries Payroll Tax Property Insurance Workers Compensation Health Insurance Life Insurance Professional Fees - Audit Professional Fees - City Staff Professional Fees - Contracted Services Professional Fees - Legal Professional Fees - Maint. & Cleaning Professional Fees - IT Support Advertising Expense Telephone Expense Electric Expense Rent Expense Office Leasehold Improvements Printing Office Supplies Printing Programs Mileage & Delivery Seminars Staff / Board Business Meeting Expense Licenses, Fees, Permits Membership, Subscriptions Books & Publications Career Development Office Supplies Office Furniture / Equipment/Setup Professional InSurance Equipment Leases Miscellaneous Car Allowance Director Bonding / Liability Insurance Total General & Administrative $11,923.06 $1,262.70 $0.00 $1,357.50 $966.86 $o.oo $o.oo $674.06 $o.oo $6,001.30 $15o.oo $o.oo $o.oo $624.75 $135.24 $1,120.00 $o.oo $157.51 $o.oo $215.46 $o.oo $305.96 $o.oo $o.oo $o.oo $16o.oo $591.94 $1,248.37 $o.oo $343.00 $o.oo $276.92 $o.oo $27,514.63 $192,391.88 ($185,305.51) Total Application of Funds Fund Sources in Excess of Application YTD $o.oo $o.oo $0.00 $8,653.49 $5,725.32 $o.oo $o.oo $50o.00 $14,878.81 $65,828.68 $2,511.08 $360.00 $o.oo $4,581.85 $o.oo $o.oo $688.91 $17,347.48 $15,715.90 $988.86 $647.50 $300.00 $4,005.98 $631.42 $5,720.00 $1,135.70 $774.50 $o.oo $242.17 $2,768.34 $1,848.10 $179.50 $2,039.37 $130.76 $o.oo $2,001.10 $15,351.89 $3,904.00 $1,118.18 $221.79 $1,523.06 $1,847.18 $154,413.30 $169,292.11 $1,217,497.17 Current Total $63,653.37 $94,995.77 $158,649.14 $9,586.56 $11,020.36 $o.oo $o.oo $500.00 $21,106.92 $77,751.74 $3,773.78 $360.00 $1,357.50 $5,548.71 $o.oo $o.oo $1,362.97 $17,347.48 $21,717.20 $1,138.86 $647.50 $300.00 $4,630.73 $766.66 $6,840.00 $1,135.70 $932.01 $o.oo $457.63 $2,768.34 $2,154.06 $179.50 $2,039.37 $130.76 $160.00 $2,593.04 $16,600.26 $3,904.00 $1,461.18 $221.79 $1,799.98 $1,847.18 $181,927.93 $361,683.99 $1,032,191.66 1274 MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Purchasing Manual Update DATE: 2/07/2003 Staff has revised the Purchasing Manual and made suggestions in red and deletions with strikeouts. Staff then sent the Purchasing Manual to Legal for review. Legal has reviewed this document and made suggestions in red and deletions with strikeouts. Staff has combined all of the revisions into one document and is now submitting it to the CRA Board for review and comments. Staff has enclosed the original document, the revised document, a Form 121 and a copy of the revised document on a disk. Staff is requesting the CRA Board submit their comments back to staff by March 25, 2003. Staff will compile all of the comments and suggestions for the April 8, 2003. 1275 MEMO TO: CRA Board FROM: Susan Vielhauer [~ SUBJECT: Terrorism Risk Insurance April 2, 2003 Staff has received further clarification on Terrorism Risk Insurance and at this time is not needed by the CRA for CRA holdings. Please remove this item from the agenda. 1276 V. Public Audience. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1277 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 Douglas Hutchin.qon at 561o737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. VI. Public Hearing Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1278 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity m order for the City to reasonably accommodate your request. MEMO TO: Board of Directors FROM: Susan Vielhauer SUBJECT: Purchasing Manual Update DATE: 2/07/2003 Staff has revised the Purchasing Manual and made suggestions in red and deletions with strikeouts. Staff then sent the Purchasing Manual to Legal for review. Legal has reviewed this document and made suggestions in red and deletions with strikeouts. Staff has combined all of the revisions into one document and is now submitting it to the CRA Board for review and comments. Staff has enclosed the original document, the revised document, a Form 121 and a copy of the revised document on a disk. Staff is requesting the CRA Board submit their comments back to staff by March 25, 2003. Staff will compile all of the comments and suggestions for the April 8, 2003. COMMUNITY REDEVELOPMENT AGENCY PURCHASING MANUAL TABLE OF CONTENTS TERMS AND DEFINITION ..................................................................... 2 REQUISITIONS ................................................................................................... 9 BIDS & PROPOSALS ........................................................................................ 12 CHANGE ORDERS .............................................................................. 20 REQUEST FOR PROPOSALS ............................................................... 23 PROFESSIONAL SERVICE .............................................................................. 25 CONSTRUCTION CONTRACT ............................................................... 28 PURCHASING I PETTY CASH ............................................................... 32 PURCHASING CREDIT CARD ......................................................................... 34 ASSIGNMENT/CONTROL CARD ............................................................ 35 CRA PURCHASING POLICY MANUAL TERMS AND DEFINITIONS PURPOSE: As used throughout the Purchasing Policies, the words and terms defined in this section shall have meanings set forth below unless the context in which they are used clearly requires a different meaning or a different definition as prescribed for a particular section or portion thereof. DEFINITIONS: Addendum means a written or graphic instrument issued prior to the opening of bids or proposals which clarify, correct or change the bidding documents or contracts. Award means the acceptance of a bid, offer, or proposal by the CRA. ~, ,,~,-,,.i,,, Tho CP..~, .... * '~ ..... ~ ~'1 ,.,.,,-,,r.-.,.,o ,-,~ $In nnn ,-,r more proper ......... ~ .............................. ' ...... Bid Bond means a form of bid security executed by the bidder as principal and by a surety to guarantee that the bidder will enter into aRd s.,,~o¢.-,-,,-,-,,, ,-,,--,,-,~'-*" *~"~ a contract within a specified time and furnish any required performance bond. Blanket Purchase Order is a purchase order that covers the purchase of repetitive type supplies of a like nature for a stipulated period of time (12 months). Brand Name or Equal Specification means a specification limited to one or more items by manufacturers' name or catalog number to describe the standard of quality, performance or other prominent characteristic needed to meet CRA requirements. Brand Name Specification means a specification limited to one or more items by manufacturers' name or catalog. Capital Purchases means all tangible personal property having an original acquisition cost of ~,nn $1,000.00 or more per unit and a life expectancy of more than one year. This would include the capitalized purchase of aP, y software. Change Order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs or amendments to contracts which entail additional cost. Commodities include but are not limited to commodities, goods, equipment, and materials and printing which is purchased, leased or otherwise contracted for by the CRA. 10. Competitive Bids or Competitive Offers means the receipt of bids or offers submitted by responsive qualified bidders or offerors. 11. Competitive Selection and Negotiation is a method of purchasing whereby qualified professional firms are invited to submit "Letters of Interest", proposals or qualifications and are short listed by an appropriately appointed evaluation committee. 12. Construction means the process of building, altering, repairing, improving or demolishing any public structure, building or other public improvements ~ to any public real property. It does not include the routine operation, routine repair or routine maintenance on existing structures, buildings or real property. 13. Construction Change Order is a written order directing the contractor to make changes which the change's clause of the construction contract authorizes. Construction Change Orders will require CRA Director Beard GemmissieR approval. 14. Consultant's Competitive Negotiations Act (CCNA) is the common name for Section 287.055 of the Florida Statutes concerning the procurement of Architectural, Engineering (including testing), Landscape Architecture and Registered Land Surveying Services. i ~**,,,. ,-,~ ,,,, .... , ~,.,,.t r, .... Hfi~,,~ 15. Contract means all types of binding agreements including purchase orders for the procurement of supplies and contractual services. 16. Contractor means any person or business having a contract with the CRA to perform a service or sell a product. 17. Contractual Services means the rendering of a contractor for their time and effort rather than the fumishing of specific commodities, materials, goods, equipment and other personal property. The term applies only to those services rendered by individuals and firms who are independent contractors. 18. ",,cnd',.:'cted by crcn 19. Debarment means a disqualification of a business or person from receiving invitations for bids, requests for proposals or the award of contracts by the CRA because of previous illegal or irresponsible action for a specific period of time commensurate with the gravity of the offense or the failure or the inadequacy of performance. 20. Designee means a duly authorized representative of a person holding a superior position. 21. 22. Fixed-Price Contract means a contract whereby the pdce is fixed not variable for the entire life of the contract or until a set quantity of goods or services is delivered. 23. General Services means support services performed by an independent contractor requiring specialized knowledge, experience or expertise. The service rendered does not consist primarily of acquisition of equipment or materials. Examples of general services are janitorial, pest control services and maintenance of equipment. General Services are not normally procured through Requests for Proposals or Invitations to Bid unless otherwise provided for here in. Procurement of general services may include subjective evaluation factors of the submitting firms. 24. Governmental Agency means any agency of the Federal, State, or any local government or local governmental entity. 25. customer cf the vendor. Staff is seeking direction for the CRA Board as to the need of having GSA Contracts within the purchasing manual at this time? 26. Invitation to Bid means a written solicitation for competitive sealed bids with the title, date, and hour of the public bid opening designated and specifically defining the commodities or contractual services for which bids are sought. The invitation for bid will be used when the CRA is capable of 4 27. 28. 29. 30. 31. 32. 33. 34. specifically defining the scope of work for which a contractual service is required or when the CRA is capable of establishing precise specifications defining the actual commodities required. The invitation to bid will include instructions to bidders, plans, drawings and specifications, if any, ethe¢ a bid form and other required forms and documents to be submitted with the bid. Request for Letters of Interest is a method of selecting a vendor whereby all vendors are invited to submit a summary of their qualifications and state their interest in performing a specific job or service. Mandatory Bid Amount means the dollar threshold at which the formal bid process is required. The Mandatory Bid Amount is currently $10,000. current known requirement of any commodity or service will not be divided to circumvent the requirement of the Mandatory Bid Amount. Minority Business Enterprises (MBE) is a business or person in which a recognized minority group owns more than 50% of the stock. Minority Businesses must be qualified through certification. Multiple-Award Contracts means contracts which provide awards to more than one vendor for the same item. The CRA Director may use these contracts when it is determined that the use of more than one vendor is in the best interest of the CRA. Negotiations for Professional Services mean the act of determining terms, conditions and prices for the performance of professional services. An ....... ~*,-~,, '~,',,-,',;,',*~"~ .... *~*:""-' A negotiation committee will negotiate with the top ranked candidate from the competitive selection of professional service firms in an attempt to reach agreement on a contract for the provision of services to the CRA. Notice of Award means the written notice by the CRA to the apparent, successful bidder or offeror stating that upon compliance by the successful bidder or offeror with the conditions precedent to the contract within the time specified the CRA will sign and deliver the contract. Open-end Contract means a contract whereby an indefinite quantity of supplies, services, or construction are to be procured over an identified time span as-and when needed. Performance/Construction Bond means a bond of a contractodvendor in which a surety guarantees to the CRA that the work /services will be performed in accordance with the contract documents and may, at the 35. 36. 37. 38. 39. 40. 41. 42. discretion of the CRA, include an irrevocable letter of credit issued by a financial institution or cash. Procurement is the buying, purchasing, renting, leasing or otherwise obtaining any supplies ~,l ~ .... ,:,.,,.,o ,~,,~, ,.,,,,,,~;,., ,,., ,~,,, ,,~,,.~;,,;,-,,., ,.,~ .... ~services, construction or any other item(s) including description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. Professional Services means any services where the CRA is obtaining advice, instruction or specialized work from an individual specifically qualified in a particular area. Professional services may include a report or written advice '"~';"~.., ,,...,, m~y .....~" ,..,'"""'*~"",~., ,~, however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. The ..... *;+;'"' ~';a'~: .... ~ "'"; ....... +:*;"" ~'""'" These services may be procured by Letter of Interest or requests for proposals and selected through Competitive Selection and Negotiation. Purchase Order means a purchaser's document to formalize a purchase transaction with a vendor conveying acceptance of a vendor's proposal. The purchase order should contain statements as to quantity, description and price of the supplies, services or construction ordered and applicable terms as to payment, discounts, date of performance, transportation, insurance and other factors Quotation means an informal (verbal) or formal (written) notice by a vendor to the CRA buye~ stating the prices, terms and conditions under which they will furnish certain goods or services. Request for Proposals means all documents whether attached or incorporated by reference for soliciting sealed proposals. Responsible Bidder or Responsible Offeror means the person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, finandal resources and credit which will give reasonable expectation of good faith performance. Responsive Bidder or Responsive Offeror means a person who has submitted a bid that conforms in all material respects to the invitation to bid or request for proposals. Selection and Negotiation Committee is a group of persons appointed by the CRA Director to rank in preferential order those professional firms or individuals interested in providing services on a particular project and to 43. 44. 45. 46. 47. 48. 49 50. negotiate a final contract with the highest ranked firm. (Staff is seeking direction as to who is appointing the committee CRA Director or CRA Board? It is stated both ways within the document.) Services mean the furnishing of labor, time and effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements but shall include both professional and general services. SNAPS is the State Negotiated Agreement Price Schedule (SNAPS) which is a state program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics. Specification mean any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery. Specifications may also contain provisions for inclusion of factors which will lead to the ultimate calculation of the lowest total cost. All specifications shall seek to promote overall economy for the purpose intended and encourage competition in satisfying the CRA's needs and shall not be unduly restrictive. Sole Brand means the only known brand or only reasonable brand capable of fulfilling the needs of the CRA. Sole Source means the only known vendor or the only reasonable vendor capable of providing a service or commodity to the CRA. State Contract is the State of Florida Purchasing Division's formal bidding process and award of various equipment and services contracts extended for use by all political subdivisions (entities). Supplies mean all property, including but not limited to, equipment, material, printing and leases but specifically excluding the acquisition of leasehold interests in real property by the CRA. Surety means an organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds published in the current Circular 570, United States Department for the Treasury and the Federal Register effective July 1 annually, as amended. 51. 52. 53. Surplus Property means any property belonging to the CRA, which is capable of being used, but is in excess of the normal operating requirements of the CRA. This property is disposed by auction or other means which proves to be more beneficial to the 6ity (CRA) as determined by all or two of the following: CRA Director and / or CRA Board. The CRA Board will approve the awarded sale of the property. (Staff is seeking direction for the CRA Board as to the Board's approval timing. Does the Board have to approve the sale of the property or will they give direction to sell the property in the beginning and not need to approve in the end?) Suspension means the disqualification of a business or person from receiving Invitations for Bids or Request for Proposals or the award of a contract by the CRA for a given period. CRA PURCHASING POLICY MANUAL BIDDING AND REQUISITIONS PURPOSE: This policy is to establish unified purchasing procedures in determining the requirements for requisitions which will be processed into purchase orders and direct payment requisitions. POLICY: .,.~"' r,--r--,,,,~,~ ....... ,'--'~-,-',.,-', ,-'i°~*""'"" ¢..,-,v, *~"~.,,v procurement The purchase of all budgeted goods and services below the mandatory bid amount of ten thousand dollars ($10,000) must follow the quotation and approval guidelines stated below. P4:eeumme~ requiceme~te Purchases shall not be artificially divided to circumvent the approval process. Purchase Amount Quotation Process Approval Level- Purchase Total Purchase Each Item Total Purchase Order Type Less than $500 No Quotation Director* Direct Payment Requisition/P. O. $500 to $1,999 Three Verbal Quotes CRA Director* Direct Payment Requisition/P. O. $2,000 to $4,999 Three Written Quotes CRA Director* Direct Payment Requisition/P. O. "'$5,000 to $9,999 Three Written Quotes CRA Chairman or Direct designee & CRA Payment Director* Requisition/P. O. $10,000 or more Formal Bid Process CRA Board Formal Bid * or assigned Designee. 1. Direct Payment Requisition. All paymeP, ts-requisition forms must be submitted to CRA Director or designee providing the amount to be paid, the vendor name and vendor address ~"'~ ~'"""~*~'~ ~'"'~ .......Th pporti g be ......................... e su n invoice must attached to the requisition ~o * ..... "' '"'"* ~,, ,','-~,-' -,,-, ,~--,,-* ...... ,,+-- Ch,~,-,I,- .... ;la~l,,~ ,-,,,, ~^t,~,4,-,,~o,4 .... ,,,~, ,~.nn PM (Staff is recommending taking this out it is an internal operation within the financial process?) 2. Purchase Requisition less than $500. All Purchase Requisitions totaling less than $500 per purchase may be processed with a Form 121 and the invoice attached to the Form 121. ..... ~ ........lo:+:,-,,., ~,.,,~ All Form 121 's are forwarded directly to the CRA Director for approval and returned to the Controller. No Price quotes are not required for purchases under this amount. *~'"o-'" .... lo;,;,.,,.,,. 3. Purchase Requisition totaling between $500 to $1,999. All Purchase Requisitions totaling between $500 and $1,999 will require three verbal quotes. The verbal quotes will be summarized and attached to a Form 121. All Form 121's are forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of a purchase order. 4. Purchase Requisition totaling between $2,000 to $4,999. All Purchase Requisitions totaling between $2,000 and $4,999 will require three written quotes. The written quotes will be attached to a Form 121. Form 121's shall be forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of purchase order. 5. Purchase Requisition totalinq between $5,000 to $9,999. All ~ Purchase Requisitions totaling between $5,000 and $9,999 will require three written quotes, to be attached. The written quotes will be attached to a Form 121 and forwarded directly to the CRA Director. The CRA Director and CRA Chairman or designee will review the quotes, approve one and return to the Controller for payment or issuance of a purchase order. If *ha D .... h..-~c.~, D .... ;-;*;,-,,-, *,-,*~'o e~ nnn ,,-, eo aaa lO 6. Purchase Requisition over $10,000. All Any Purchase Requisitions over $10,000 will require a formal bid process and the approval of the bid by the CRA Board prior to the issuance of a purchase order. After all procedures have been met the ultimate responsibility for informing the Controller to issue a purchase order or check rests with the CRA Director· The ~ ~;~*;~ ~ *h~ CP~, '";*~ a are recommending taking this out due to it is internal procedure within the organization. CRA Board needs to give direction?) (Legal and Staff is recommending taking this out it is an internal procedure within the organization and is seeking direction from the CRA Board?) 11 CRA PURCHASING POLICY MANUAL BIDS & PROPOSALS PURPOSE: Formal sealed bids and proposals are the most effective methods for soliciting competitive prices from vendors in the government agency purchasing sec~te~. This policy will establish procedures to use for sealed bids and proposals. POLICY: All contracts of the CRA shall be awarded by competitive sealed bidding except as otherwise provided in the purchasing policies. All Bids, Request for Proposals (RFP's), Request for Qualifications (RFQ's), Contracts, Agreements, Leases, etc., shall at a minimum meet the insurance requirements as stif)ulated provided for by State Law. 1. Exclusions To The Formal Bid Process are (but not limited to): Competitive Sealed Proposals compares the prices of responsive/responsible bidders to determine an award by evaluating the proposal on a cost and qualitative basis and the ability to meet the bid specifications ,h.., ere '~'~*'-~-"~ "" ..... '~ ~ ..... *" Dees-Re~ Description of the item or service to be purchased (statement of work). · Specific criteria that will be used to evaluate the proposal along with the stated relative order of importance (generally): · Managerial capability. · Technical acceptability and performance requirements. · Reasonableness of price. approach in meeting · May ask for experience in the line of work being considered including references. · Staff capabilities along with resumes of key individuals who will work on the project. · Cost breakdown of the proposed price. 12 Multi-Step Competitive Sealed Bid is generally a two step process wanting to award on basis of price, but available specifications are inadequate or to general to permit full and free competition without technical evaluation and discussion: First Phase: Issue request for information or proposal to which interested, potential suppliers respond with either necessary information or unpriced technical offers. Second Phase: Potential suppliers who submitted technically acceptable offers are invited to submit competitive sealed prices based on their technical offers. Award is to the lowest responsive/responsible bidder. D. Contracts for Designated Professional Services are services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. This ,;,'cu!d !nc!,_,do o,-,-,~,~,,-,, .... , ,,,-,,-,: .... i ..... '~ "~'"'~°*"'"'~ '~'"'~ ........ ~'"'" sc,"':iccs The procurement of professional services does not lend itself to normal competitive bidding and price competition alone. F. Emergency Procurement allows the CRA Director to make procurement of commodities or contractual services where the cost does not exceed ten thousand ($10,000) when there exists a clear and present threat to public health, property, welfare, safety or other substantial loss to the CRA, provided however, that such emergency procurement shall be made with such competition as is practicable under the circumstances. Sole Source Procurement may be awarded for a supply, service or construction item without competition when it is determined that there is only one source available such as repairs or additions from the original equipment manufacturer, only supplier in the area, franchised or licensed distributor or service, patented or proprietary item, or by negotiation where the procurement by competitive procedures is not feasible nor practical. Any vendor identified as a sole source vendor must be supported in writing from the vendor. 13 G. State Contract is the State of Florida Purchasing Division's formal bidding process and award of various equipment and services contracts extended for use to all political subdivisions (entities). l;~upporting documents will be submitted with requisition to the Controller as well as ~ all applicable information as printed from the Florida Commission Network as required by the use of State contracts. H. "Piggy-backing" onto contracts by other governmental agencies (i.e., county, school board) is encouraged when it is determined that this method of procurement will provide the best product/service at the best price without compromising specifications or quality desired. This method of procurement should be considered prior to using any other method set forth regardless of quantity or monetary value of the procurement. P-cevide Supporting documents will be submitted with requisition to the Controller as well as a Pur. shasi¢~ tab sheet and/or letter of award that clearly specifies the product or service, prices, entity, and bid number and term of contract. Contract must be an open active contract. RESPECT of Florida is a registered service mark of Florida Association of Rehabilitation Facilities, Inc. the central non-profit agency of the commission for purchasing from the blind or other severely handicapped. A catalog is available in the CRA Office o .... h,,~i,-,,, Di"i~icr. for the procurement listings which include: computers, first aid and safety products, janitorial products, municipal products, office products, promotional products, and services. *;*,- ~--:--: .... ~ ~-~:-- ~*~" (Staff is seeking direction for the CRA Board as to tho hood of havinO GSA Contracts within tho purchasin~ manual at this timo?) PRIDE of Flodda is the Prison Rehabilitation Industries and Diversified Enterprises, (PRIDE) Inc. that is a non-profit, self-funded corporation chartered by the State of Florida in 1981 to provide meaningful training and work experience to inmates in Florida's correction institutions. A catalog is available in the CRA Office Purchasing Divisicn of all products, prices, and contact person. 14 SNAPS is the State Negotiated Agreement Price Schedule (SNAPS) which is a State program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics T~, ......... ,~,; ...... ~, ...... h.-_.o,./o~ ~.-,...~,.h In the CRA.D.,.....,....,.U~'o°;"'" ...,.,..,..,,n:'"'°;'"" you can electronically access the SNAPS program and find the procurement category and company, contract with contract pedod, the requirements met in the contract and information on how to obtain from the vendor a copy of the contract agreement and price listing. M. Contracts with The City of Boynton Beach for direct services. When A Formal Sealed Bid Process Is Used For Purchases of $10,000 or More The Following Process Should Be Used. Invitation for Bids. An Invitation for Bids shall be issued for each solicitation for offers equal to or exceeding the mandatory bid amount and shall include a purchase description and all terms and conditions applicable to the procurement. B. Bid Specifications. Specifications for all bids should be provided by hard copy and on a 3 ¼ or CD disk. ~ (Staff and Legal are suggesting take it out due to there is no need to keep it in the Purchasing Maunal. What is the CRA Board preference?) Insurance. Insurance is required to safeguard the CRA from all claims resulting from damage to property and/or injury to persons caused by the vendor or their actions. The successful bidder shall be required to obtain, at their own expense, all minimum insurance coverage required under the terms and conditions of all Bids, Request for Proposal (RFP), Request for Qualifications (RFQ), Contracts, Leases, and Agreements. 15 ,, ,j~.,, j v,, ,., ,..., j...,,.,. I ;-~i~ili~.. ~z~iir~ ~.z~r~z~ ~r ~r~l ;~i~ ,~ ~;~1 ~,~,,,~]. v~v, ,~, ~ wv v, ~v ~v, ~, ~v, t~, ,, ,j~, ] ~ ~,~, ,~, ~v~,,; ~,,~ ~,v~v,~j ~,,,~v, ~ 8re suggesting to take this ouOt. What is tho CRA Board preference?) D. Bonds. Bonds offer tangible protection in the form of monetary assurances that the bidder will meet their obligations. For bids of $25,000 or more, the successful bidder shall furnish a surety bond as a security for faithful performance of order(s) awarded as a result of the bid for payment of all persons performing labor and on furnishing materials in connection therewith. Surety of such bond should be in the amount equal to the bid. Simultaneously with the delivery of the executed contract, the successful bidder shall deliver to the CRA an executed bond or a letter of credit in the amount of 100 percent of the accepted bid as security for faithful performance of the contract for payment of all persons performing labor or fumishing materials in connection therewith. The attorney-in-fact that signs the bond must file with the bond a certificate and effective power of attorney. Bonds must be secured by the bidder at his own cost and generally may be classified as: Bid Bond or Bid Security. This is a document, usually in an amount of five percent of the bid, which guarantees that the bidder will enter into a contract with the CRA. if bidder ,,,;'"o the award. Bid bonds protect the CRA from erroneous or deliberate Iow bids which the vendor has no intention of honoring. Should the bidder fail to enter into a contract, the bid bond is forfeited. Bid security must be submitted with the bid and can be in the form of a certified check, cash or bond. The awarded vendor's Bid Security will be returned after receipt of a Performance Bond or a Letter of Credit fe~ in the amount of 100% of the preje6t-bid, unless otherwise provided for in the Invitation to Bid. Performance/Construction Bond. This bond is a surety instrument guaranteeing that the vendor will perform according to the terms of the contract and is generally in an amount of 100% of the bid. This bond affords protection from non-performance in completion of major contracts ' ;.; .... ,~ ,k~ CD~ Should the vendor default, the bond is ~shed and the C~ may then utilize the funds to complete the ~ntrad with another vendor. Performance bonds are submitted upon award of contract prior to the CRA signing agreements. · Cash Bond. In the amount of the bid or contract award. · Irrevocable Letter of Credit. Sometimes used in lieu of a bond in the case of some construction projects or multi-year contracts. E. Bid Conditions. In addition to the general conditions of most formal bids some bids require special conditions that pertain specifically to the bids in question. Conditions differ from specifications in that conditions refer to requirements which must be met by the bidder before specifications of his bid are even considered. Fo Public Notice/Request to Advertise. Public notice shall be given a minimum of eight (8) calendar days prior to the date set forth therein for the opening of bids. Such notice shall include publication in a newspaper of general circulation no later than eight (8) calendar days prior to bid opening. The notice shall state the bid title, scope of services or reason for the bid, and place, date, and time of bid opening. l? G. Bid Opening. Time of Bid Receipt. The CRA Director must receive bids no later than the time and date identified in the Invitation for Bid. Bids received after this time shall be returned unopened to the bidder. ~ The Secretary will stamp date and record the time received on all bids held for formal bid opening. The CRA reserves the dght to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the Bid and no award has been made. Public Bid Opening· All bids received shall be publicly opened in the presence of witnesses at the place designated in the Invitation for Bids. No additional bids, except stated in "Item a" above, will be accepted after the assigned receiving date and time. All Bids Unopened. If all bids are not opened at the assigned receiving date and time of the bid, for any reason other than failure of the vendors to present their bids or cause their bid to be presented at the appropriate time, the bid opening may occur the following workday at the same time as originally scheduled. H. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in purchasing policies. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine suitability for a particular purpose. Those cdteda that will affect the bid price and be considered in evaluation for award, excluding cash discounts, shall be objectively measurable, such as trade discounts, transportation costs, and total or life cycle costs. The Invitation for Bids shall set forth the evaluation criteria to be used. ' tho Corrections, Cancellation, or Withdrawal of Bids. Corrections or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or other provisions shall be permitted; provided however, the CRA Director or his designee shall have the authority to waive minor irregularities as provided by law or correct obvious calculation errors. Bid Evaluation and Award. Bids should be evaluated based on the requirements set forth in the Invitation to Bid, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, service, price and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle cost, etc. The Invitation to Bid shall set forth the evaluation criteria to be used. The contract shall be awarded to the lowest responsible and respensive bidder whose bid meets the requirements and criteria set forth in the Invitation to Bid. In determining "lowest responsible bidder", in addition to the bid evaluation criteria above, the following may be considered: · The ability and skill of the bidder to perform the contract. VVhether the bidder can perform the contract or provide the supplies/services as required without delay or interruption within the time specified. · The quality of performances of previous contracts or services with the CRA or other entities. Tie Bids. If two or more bidders are tied, the tie may be broken and the successful vendor selected by the following criteria presented in order of importance. · Quality of the items or services bid if such quality is ascertainable. · Delivery time if provided in the bid by the bidders. · Location of the vendor with the following award preferences: CRA Vendor City of Boynton Beach vendor Palm Beach County vendor Florida vendor If the above criteria are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the date stamp and time recorded on the envelope containing the bid. Contract Extension. All invitations for bids for open-end contracts shall, when practical, provide for an extension of the contract for a time period up to the amount of the original time period, upon mutual consent of the buyer and seller and written analysis by the Purchasing Agent that renewal is in the best interest of the CRA. Any contract extension less than $10,000 will require the approval of the CRA Director, and contract extensions above $10,000 will require approval of the CRA Board. M. Cancellation of ~ Requests. A request for scliclt3tlcns proposals, invitation for bids or request for qualifications may be canceled and/or any or all responses re,eighty, tieRs may be rejected in whole or in part when it is in the best interest of the CRA. The reasons therefore shall be made part of the CRA file. After responses are opened, such rejection shall be made part of the CRA file. 2.0 CRA PURCHASING POLICY MANUAL CHANGE ORDERS PURPOSE: A change order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs or amendments to contracts that entail additional cost. Some projects costs cannot be identified ~ until the initial work has been completed. POLICY: A change order will be issued prior to invoice payment for the following purposes: Construction Projects and Non-Construction Awards, which were initially approved by the CRA Board Ccmmi=s!cn. Change orders for all construction and non-construction purchases, which were initially awarded by the CRA Board, will be approved as follows: (Based on cumulative change orders) Less than $5,000 requires CRA Director approval; $5,000 to $9,999 requires CRA Director and CRA Chairman or designee approval; $10,000 or more requires CRA Board approval. Change orders will only be presented to CRA Board for approval when Cumulative Change Orders for the awarded item has reached $10,000 or more. When presented to the CRA Board all cumulative changes that make up the cumulative change order amount of $10,000 or more will be presented as part of the approval. If after CRA approval additional change orders are required the same process will be used for the next cumulative change orders. An original of the change order shall be remitted to CRA Director attached to a purchase requisition requesting the change order. CRA Director will ~make the necessary change to the purchase order and return it to the Controller so photocopies of the change order can be made for the CRA records. Normal purchase orders over $500 will have a tolerance of 10 percent of the purchase order amount up to $100. The invoices for these purchase orders can be processed without preparing a change order. Invoices, which exceed the tolerance limit, will require the CRA Director to review the discrepancy. The change order request shall justify the cause for variance. 2! Professional Services Contracts are a negotiated contract prior to services being rendered and change orders will require approval of the CRA Board. All change orders are to be reviewed and processed to change the purchase order amount. Change orders will be distributed to the holders of the original purchase order. If there are any questions as to the procedure for processing a particular change order contact should be made with CRA Director CRA PURCHASING POLICY MANUAL REQUEST FOR PROPOSALS PURPOSE: VVhen the CRA Director determines that the use of competitive sealed bidding is eit-he~ not practical or not advantageous to the CRA, a contract may be entered into through receipt of the competitive sealed proposals. Flcdda Stat,.-'te and POLICY: Request for Proposal. Proposals shall be solicited through a Request for Proposal (RFP). The RFP shall be developed by the CRA Staff ~ de~ with the approval of the CRA Director and review by the CRA Attorney. Requests will identify required specifications to determine the parameters for the solicitation of bids. Public Notice/Request to Advertise. Public notice of the Request for Proposal will be given in the same manner as provided for competitive sealed bidding. Notice will be provided in local media no later than eight (8) calendar days prior to the designated receiving date of the Request for Proposal. Receipt of Proposal. No proposal shall be opened until the time designated in the public notice of the Request for Proposal. A register of proposals in the form of a tabulation sheet shall be prepared containing the name of each offeror. Proposal Conditions and Specifications. Conditions and specifications tend to serve more as guidelines than strict standards. The object is to allow the vendor's own expertise to design a proposal which will fulfill the CRA's ultimate specified result. :Conditions and specifications need not be so broad as to promote uninhibited proposals. By establishing boundaries within which to operate and pointing the vendor toward the direction of the CRA's goal, the RFP seeks to elicit the best talents in the market place to solve its problems. Inquiries on RFP. All questions in regards to an RFP shall be addressed to the CRA Director or designated contact person. CRA Director will coordinate the responses to the inquiry in the form of an addendum that alters or changes the end result of a RFP and forward copies to all known responders to the proposal. 23 Evaluation Factors. The RFP shall state the relative importance of price, if appropriate, and other evaluation factors such as: quality, delivery and service, as well as past supplier performance and conformance to specification and/or quotation requirements. Only criteria disclosed on the solicitation for bid may be used to evaluate the items or services proposed. Discussion with Responsible Offerors and Revisions to Proposals. As provided in the Request for Proposal, discussions may be conducted with responsible offerors that submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. Award. Award shall be made to the responsible/responsive offeror whose proposal is determined to be the most advantageous to or in the best interest of the CRA, taking into consideration the evaluation factors set forth in the request for proposal. The contract file shall contain the basis on which the award was made. CRA PURSHASING POLICY MANUAL PROFESSIONAL SERVICE PURPOSE: To provide a policy that fully complies with the requirements of the Consultants Competitive Negotiation Act (CCNA), Section 287.055, Florida Statutes, when the combined amount for the services is $10,000 or more. DEFINITION: Professional services mean any services where the CRA is obtaining advice, instruction or specialized work from an individual specifically qualified in a particular area. This would include architectural, engineering and registered land surveying services. Professional services may include a report or written advice which may be lengthy; however, the main thrust of the service is not considered labor but the exercise of intellectual ability. The procurement of professional services does not lend itself to normal competitive bidding and pricing competition alone. These services may be procured by a Request for Letter of Interest, Request for Proposal or Request for Qualification and selected through competitive selection and negotiation. POLICY: The CRA requires a competitive bid process for professional services when the cost of the service exceeds: Planning or study activity in the amount of $10,000 or more. Basic construction costs in the amount of $10,000 or more. The processes to contract for professional services are: ~Public Announcement/Request to Advertise - At such time when professional services are deemed necessary by the CRA, the CRA Director shall provide and request for a legal advertisement to be published in a newspaper or general circulation within the Palm Beach County setting forth a general description of the project requiring professional services and providing instructions on how interested firms may apply for consideration by the CRA. In addition, a notification of the project will be sent to each certified firm which has expressed an interest in being notified, a mailing list created from the vendor file and a suggested list from the requesting Staff or Board. Competitive Selection - There shall be a Competitive Selection Committee (CSC) which may be composed of the following representatives: (Staff is seeking direction as to who decides who will serve on this Committee?) A. Representative(s) of the CRA Board. B. Citizen appointed by the CRA Board based on their qualifications and experience in the area of discipline. C. Other representative(s) that may be deemed appropriate by the CRA Director or CRA Board. The responsibility of the CSC committee will be to: Short-list the number of firms to at-lease a minimum of three firms. q,,,,,,., ,~,,, h,,o* .... ~i*~",~ Rank the firms for the particular project without considering price or opening the fee submitted by each firm with the proposal. Hold discussions with all short listed firms after opening their fee proposal. Such discussion may encompass formal presentations by each firm. The requirements of presentations or discussion will be the same for each short-listed firm. · Rank the firms based on qualifications and discussions. After selection of the firm that will best serve the interest of the CRA, staff the selection committee will bring their recommendation before the CRA Board to authorize the order of the firms for negotiation of a contract. Competitive Negotiation - The (CSC) committee will attempt to negotiate a contract with the highest ranked firm to perform the services at a compensation that the committee determines to be fair and reasonable. If the committee is unable to negotiate a satisfactory contract with the firm obtaining the highest ranking, negotiations with that firm shall be formally terminated. The negotiation committee then shall undertake negotiations with the second ranked firm. If these negotiations also prove unsatisfactory, negotiations shall again be terminated and the committee will negotiate, in turn, with each firm in accordance with their ranking by the committee, until an agreement is reached or the short list is exhausted. When a short list is exhausted, a new solicitation for proposals must be initiated For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Section 287.017 (5) (a), Florida Statutes, for Category Four (currently $60,000) the CRA shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit cost supporting the compensation are accurate, complete, and current at the time of contracting. Award of Contract At the successful conclusion of negotiations, a contract award will be recommended to the CRA Board for approval and a purchase order issued. Less Than Three Firms - In the event less than three (3) firms express interest in a project or less than three (3) firms are deemed qualified by the CSC Committee, then the CRA Director shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to readvertise and after subsequent advertisement, three (3) firms still cannot be qualified, then the CRA shall proceed hereunder with the firm's qualified. Prohibition Against Contingent Fees - Each contract for professional services shall contain the prohibition against contingent fees required by and set forth in Section 287.055 (6) (a), Florida Statutes. CRA PURCHASING POLICY MANUAL CONSTRUCTION CONTRACT PURPOSE: Due to the complexity of construction projects and the cost involved these contracts warrant special conditions. POLICY: In general, contracts for construction of major CRA projects are obtained through the Formal (Sealed) Bid process. Construction projects under $10,000 in cost may be processed by written quotations. Sealed bids are required for all construction projects over $10,000 in costs. The following special conditions will apply to all construction contracts over $10,000: R ...... ,,, · ...... m ~ ...... ~,~ ~ ~.~..;~ m the CP~ 28 ~.a ~=;.~= ~ C~A S+ ~ +~ ~oi~ ~.,+ +~ ,,Im.i+o+;~. ;~. uia,, ........ ~ ........ ~ ................................ ~. .~m ~.,, m m~ .... ,m ~ ....~.. (Legal and Staff are recommending this be taken out and are requesting direction for the CRA Board.) Announcement of Bids TO ~[[ assure the 9reatest degree of ~mpetition, all of the followin9 shall be usod to announ~ tho bids: Newspaper Legal Ads. Legal ads are an excellent method of attracting interested bidders, while also dispelling any criticism of bids only going to favored contractors. For this reason, they are required to be posted in a newspaper of general circulation in Palm Beach County· Legal-ads Legal ads should briefly state the name of the project, location, nature of work required, contact person name and telephone number, bid receiving date and time, cost of plans and location where bid specifications may be obtained. The ads should be placed a minimum of eight (8) calendar days prior to the bid receiving date. Advertisements may also be listed in the Dodge Reports, and other construction journals. B. Mailing to Interested Contractors (Bidders List). The primary contracts for construction bids are those firms that have previously done work for the r,;, .... '~ CRA or other govemmental entities or expressed a desire to bid. A list of these firms shall be assembled from records ~om of the CRA ~'"~ .-.,h,,..- r';,.. ~...-,~,-+...,....,o involved in a construction project 29 Additionally, CRA Director and the CRA Board may contribute firms that are listed in various reference sources, including: Thomas Register, Municipal Index, Yellow Pages, Contractor's Blue Book, Palm Beach County Minority Business Directory, etc. Generally, only an "invitation to bid" letter, or a "notice to contractor" should be mailed to firms on the Contractors Bidders list. This Pre-Bid Conference. For all construction projects, a pre-bid conference may be held. Attendance at this conference is not mandatory, but highly recommended, for all bidders. on ho,-,~ TUn ,-,,-;,.-'no*;,-.,. ~nc ~'~"" .,.,',,,;~n ..~,~;*;,-,,,oi plans ~m~to~-(Legal and Staff are recommending this be taken out and are looking for direction from the CRA Board?) ~;... ~i~. (Legal and Staff are recommending this out and are Iookin~ for direction from tho C~ Bid Opening t.',vJ'-''-'''-', ""-' """ "'!-'""""~ '"'""" "'"' ............ manner. No bids will be accepted after the receiving date and time (exception; the CRA reserves the dght to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the bid and no award has been made). The CRA Director is in charge of the bid opening and shall fully record the various bids for the construction project. Anyone requesting to review bids will be requested to wait until all bids received are finally tabulated and a staff person is available to monitor the bid package review process. Bid Review and Award. TO ,-~11 .... a +~' ..... ~' Bid review shall include the CRA Director. ~';~';"~*~'~' ,4n,-,,,,-*,-,,n,,* CRA staff will make copies of the v, ,~:~,, ,~..~,.,, ,~:~ ~..,vl..~.~, ,., ~ ,v, 30 their ' r ...... *~ ~,,,~ ...... ~ ~ *ha contra~ors Bid Form, response page, references, bid bond and any pages stating substitutions or ~anges to the bid do~menL In some cases, review of bids may be performed by a contracted Architectural/Engineering firm. The contract award should generally be made to the lowest most responsive/ responsible bidder meeting specifications. If this is not the case, a thorough explanation should accompany the formal evaluation. Bid award shall be made by the CRA Board. Formal Construction Contract (Agreement). Due to the complex nature and duration of construction projects, a formal construction contract is prepared and copies are issued to all parties. These contracts are prepared by either a hired Architectural/Engineering firm, or the CRA Attorney's Office. The formal construction contract is based on the bid document and plans. The contractor shall provide all required licensing, insurance, and bond documentation to the CRA along with the signed contracts. All contracts are reviewed and approved by the CRA Attorney as to form and legality before the contract is signed. 3! CRA PURCHASING POLICY MANUAL PURCHASING/PETTY CASH PURPOSE: This policy will allow for the procedures to establish and manage a petty cash fund of $500.00. POLICY: The CRA Staff de~)actmen~ has the authority to request petty cash for the Petty cash fund to meet small incidental purchases for facilitating the transaction of CRA business such as: small purchases that must be made from vendors that do not offer the CRA credit, postage for special delivery, toll receipts, parking, etc. Petty cash requests will not be authorized for individual purchases that exceed $100.00. of *~ ~"~ The Controller ~"' ........ ;~ ...... *~;~ will be responsible for ~ntrolling the flow of ~sh in and out of the Petty Cash Fund, making sure proper re~ipts are obtained for ea~ purchase, assuring that proper forms are obtained for each purchase, assuring the proper forms are filled out completely and authorizing signatures obtained. The Controller ~ will also be responsible for reconciling the Fund as needed and applying for reimbursement. Procedures for a petty cash fund are as follows: Petty Cash Payments - When an employee requests reimbursement or receives an advance from petty cash, the Petty Cash Receipt must be used. This form provides for identification of: dollar amount of receipt; reason for purchase, expense code, signature of employee receiving petty cash and the signature of Controller.....~....,'~"""~'~"~"+.,, ,.., ,. .... ....,.......,,.,,+'"'~"'~", ~'"'..., ~---.., .... .~,.,,~ olg,.~+, ,,-~ ,-,~ ,.a~,,..~.+,-.,~,,.,, h,.3~ Anytime a disbursement is made from petty cash it is required that this form be completed in full. Petty Cash Reimbursement - Petty cash funds should be reconciled on a weekly basis,..,"'- ,,,..,.-.'"'""" ~,.-,,.-,-,, ,.+ if "'""'~"'~, ,...........__. Reimbursement request will be submitted by the Controller on a Form 121 r¥,-,.,-+ o ...... with the description stating "Petty Cash Reimbursement". The account codes from the Petty Cash Receipts will be summarized on the ~ ...... + ~ .... ~o~+i,-,. Form 121 The Form 121 r~.',-..,-+ o ~, Petty Cash Receipts, and supporting invoices will be sent to the CRA Director for approval of the reimbursement of petty cash. Sales paid · ' Th~ CPS, i. tax should not be ,-,,-, ,-,,,++ .... ,'~, ,,~VO;w'~'s .............. ~.. 32 Discrepancies in Petty Cash - Any discrepancies in the petty cash fund maintained by the Controller depactme~ should be brought to the immediate attention of the CRA Director. 33 CRA PURCHASING POLICY MANUAL PURCHASING CREDIT CARD PURPOSE: The CRA Purchasing Credit Card Program is designed to improve efficiency in processing Iow dollar value purchases from any vendor that accepts the Visa / MasterCard or American Express credit card. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the name is clearly shown on the card as the CRA ,Gevemme¢~ buyer of the goods and services. ,.,i,, ~,. ,~.~, r-;,,.,o o..,..-, ....... ,; ..... ,-,'~-,,' The tax exempt number will be given to each card holder. CRA Director and CPS, Board will monitor the performance of the program. The purpose of this policy and procedures is to accomplish the following: To provide an efficient method of purchasing and paying for goods and services not exceeding $500 per purchase (total invoice). 2. To assist in the procurement of small dollar purchases. To replace manual hardcopy requisitions and purchase orders for Iow dollar value purchases. To ensure purchasing credit card purchases are in accordance with the CRA's erOtical, es policies and procedures. 5. To reduce the time spent to process Iow dollar value transactions. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 7. To provide for disciplinary action if the purchasing credit cards are misused. The policies and procedures provided herein are minimum standards for use. 34 ASSIGNMENT AND CONTROL OF THE PURCHASING CREDITCARD .~,~a; ..... ;*;"'"' (Legal and Staff are recommending this be taken out and are looking for direction from the CRA Board?) CARDHOLDER USE ONLY: The purchasing credit card may be used only by the employee whose name is embossed on the card ~,"- '-*~-"" pcrscn; .... *~-'-";--'-a * ..... *~'" ~ The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY: The purChasing credit card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action that may include dismissal and/or criminal charges. DOLLAR LIMITATIONS: The assignment of a purchase credit card will establish limits for each Cardholder, a single purchase limit and a 30-day limit. The maximum limit for a single purchases shall be $250 and a total of $500 during 30 day billing cycle Requests ~ any - . .... ~ ....... ~ ............. ~ .......... A single purchase may be made of multiple items, but the total invoice cannot exceed $250. CHARGES FOR PURCHASES SHALL NOT BE SPLIT TO STAY WITHIN THE SINGLE PURCHASE LIMIT. Co PURCHASE LIMIT. Exceeding these limits will be considered abuse of the purchasing credit card program and can result in cancellation of card, disciplinary action, or both. 35 4. PURCHASING CARD SECURITY: A. STOOGE OF THE PURCHASING CARD: Keep your purchasing credit ~rd in an accessible but secure Io~tion. Since you, as the Cardholder, will be the only one using the purchasing ~rd, it needs to be accessible only to you. B. ACCOUNT NUMBER: Guard the pur~asing credit ~rd a~ount number carefully~ Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD: The only person entitled to use the purchasing credit card is the person whose name appears on the face of the ~rd. Do not lend your purchasing credit ~rd to another person for use. D. LOST OR STOLEN CARDS: If the purchasing credit ~rd is lost or stolen, you must immediately notify the C~ Director and the Controller. E. RESPONSIBLE REPORTING The Cardholder will be responsible for repoding all information necessa~ to minimize the liability to the C~ for a lost or stolen ~rd. MISSING DOCUMENTATION: If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase and may be held responsible for the charges. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. 36 PAYMENT AND INVOICE PROCEDURES: The purchasing credit card companies will mail all individual and consolidated billing statements to the CRA. r,,.,.,,.,-,,,......,,.,..,,.., individual and consolidated billing statement will list all transactions processed during the billing cycle. If no ~,.,,~,, .., ............... cn .... The Controller must review the individual and consolidated statement. ~1 i~ ~1 ig illgl I~1 II] ~1 ~1 I~gll I~ v~I ~ i i ~1 I~1111~1 i !!1~1 I ~1 ll~ V~l ~1 i iVl i~ ~1 i i~lVl i I ~1 vi i~11 I~ VVVl~11 I~vl ~1 i~ i i ~v i i ~ vi ~ Charge slips/receipts for all items listed on the statement shall be atta~ed to the monthlystatement. ~,, ,-~ ......., ~,~.~;"* .... -, ~ *",~ ~ 37 ATTACHMENT II CRA PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT (name of (employee social security employee), - - number), hereby request a F;urchasing Credit Card. As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers"~...~° ,..,..,i~""*i*~"'~,.,,,...,.. h,,..,, P'e,, I understand that the CRA is liable to purchasing credit card companies for all charges made on the Card. I agree to use this Card for approved purchases only and agree not to charge personal purchases. I understand that the card may not be utilized for cash advances. I will not permit another individual to utilize the card issued to me. I understand that the CRA will review the use of this Card and th9 tel=ted ......... * .... ~- and take appropriate action on any discrepancies. I acknowledge that the Card may only be used for purchases that total less than Two Hundred Fifty ($250.00) Dollars per transaction. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of retirement) ~h,.,,,,,~ ,h..,-,. ~, ..... ~,.,.~,.,i-.~,;,.,..., ,-h.-,,-,,,~ employment (including .......... ~" that ....... ,.;,.,-,o~,,,,,.,., *,-,. ,;~, .... ;o,- ,-~,'-,-,'-'- I .... o,..,., ,.. ..... ,""*',.....,'"",, .,,.,,, r,....~ ..... ..... ,,~,y ..,...~. ........................... u", .~,-,,~ .... ~,.. -~ ~, .... ,-,,-,,- ~ ....... ~'-*" I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. 38 CRA Purchasing Card Program Employee Agreement Page 2 of 2 I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: provide supporting charge slips/receipts listing the reason for purchase or job it pertains to for all transactions appearing on the statement. ........... ~ ~ .................. o~m ...... ~' .................. , If the Card is lost or stolen, I agree to immediately notify the CRA Director and the Controller (1-561-737-3256) of the loss, verbally and in writing. Employee Signature and Date Witness Signature and Date Print Name - Employee Print Name - Witness Controller Date FOR OFFICIAL USE ONLY Issuance Date 39 COMMUNITY REDEVELOPMENT AGENCY PURCHASING MANUAL TABLE OF CONTENTS TERMS AND DEFINITION ..................................................................... 2 REQUISITIONS ................................................................................................... 9 BIDS & PROPOSALS ........................................................................................ 12 CHANGE ORDERS ............................................................................... 20 REQUEST FOR PROPOSALS ............................................................... 23 PROFESSIONAL SERVICE .............................................................................. 25 CONSTRUCTION CONTRACT ............................................................... 28 PURCHASING / PETTY CASH ............................................................... 32 PURCHASING CREDIT CARD ......................................................................... 34 ASSIGNMENT/CONTROL CARD ............................................................ 35 CRA PURCHASING POLICY MANUAL TERMS AND DEFINITIONS PURPOSE: As used throughout the Purchasing Policies, the words and terms defined in this section shall have meanings set forth below unless the context in which they are used clearly requires a different meaning or a different definition as prescribed for a particular section or portion thereof. DEFINITIONS: Addendum means a written or graphic instrument issued prior to the opening of bids or proposals which clarify, correct or change the bidding documents or contracts. Award means the acceptance of a bid, offer, or proposal by the CRA. Bid Bond means a form of bid security executed by the bidder as principal and by a surety to guarantee that the bidder will enter into aP~ °~*;"'~'~'"*'"';I ..... "'*" *~'"' a contract within a specified time and fumish any required performance bond. Blanket Purchase Order is a purchase order that covers the purchase of repetitive type supplies of a like nature for a stipulated period of time (12 months). Brand Name or Equal Specification means a specification limited to one or more items by manufacturers' name or catalog number to describe the standard of quality, performance or other prominent characteristic needed to meet CRA requirements. Brand Name Specification means a specification limited to one or more items by manufacturers' name or catalog. Capital Purchases means all tangible personal property having an original acquisition cost of $500 $1,000.00 or more per unit and a "'""'~,~,~' .... life expectancy of more than one year. This would include the capitalized purchase of ac,,y software. Change Order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs or amendments to contracts which entail additional cost. Commodities include but are not limited to commodities, goods, equipment, and materials and printing which is purchased, leased or otherwise contracted for by the CRA. 10. Competitive Bids or Competitive Offers means the receipt of bids or offers submitted by responsive qualified bidders or offerors. 11. Competitive Selection and Negotiation is a method of purchasing whereby qualified professional firms are invited to submit "Letters of Interest", proposals or qualifications and are short listed by an appropriately appointed evaluation committee. 12. Construction means the process of building, altering, repairing, improving or demolishing any public structure, building or other public improvements cf any klnd to any public real property. It does not include the routine operation, routine repair or routine maintenance on existing structures, buildings or real property. 13. Construction Change Order is a written order directing the contractor to make changes which the change's clause of the construction contract authorizes. Construction Change Orders will require CRA Director Board r,,.,,.,,-,iooi,,,., approval. 14. Consultant's Competitive Negotiations ACt (CCNA) is the common name for Section 287.055 of the Flodda Statutes concerning the procurement of Architectural, Engineering (including testing), Landscape Architecture and Registered Land Surveying Services ~ ~,~.,,- ,-,~ J..,,~,.~,c, ~,.,~ r,,.,,.,.,.,.,~. .... ................. ~ .............. procure *~,,,o~, ..... 15. Contract means all types of binding agreements including purchase orders for the procurement of supplies and contractual services. 16. Contractor means any person or business having a contract with the CRA to perform a service or sell a product. 17. Contractual Services means the rendering of a contractor for their time and effort rather than the furnishing of specific commodities, materials, goods, equipment and other personal property. The term applies only to those services rendered by individuals and firms who are independent contractors. 18. 19. Debarment means a disqualification of a business or person from receiving invitations for bids, requests for proposals or the award of contracts by the CRA because of previous illegal or irresponsible action for a specific period of time commensurate with the gravity of the offense or the failure or the inadequacy of performance. 20. Designee means a duly authorized representative of a person holding a superior position. 21. 22. Fixed-Price Contract means a contract whereby the price is fixed ncr variable for the entire life of the contract or until a set quantity of goods or services is delivered. 23. General Services means support services performed by an independent contractor requiring specialized knowledge, experience or expertise. The service rendered does not consist primarily of acquisition of equipment or materials. Examples of general services are janitorial, pest control services and maintenance of equipment. General Services are not normally procured through Requests for Proposals or Invitations to Bid unless otherwise provided for here in. Procurement of general services may include subjective evaluation factors of the submitting firms. 24. Governmental Agency means any agency of the Federal, State, or any local government or local governmental entity. 25. .............. ,'~, ,C~P, ......................................... GSA~_,""~'~,., ~-~.~,~"~"",,~, ~."~ ~., ,~ ..... ~,~"~,~,. Staff is seeking direction for the CRA Board as to the need of having GSA Contracts within the purchasing manual at this time? 26. Invitation to Bid means a written solicitation for competitive sealed bids with the title, date, and hour of the public bid opening designated and specifically defining the commodities or contractual services for which bids are sought. The invitation for bid will be used when the CRA is capable of 27. 28. 29. 30. 31. 32. 33. 34. specifically defining the scope of work for which a contractual service is required or when the CRA is capable of establishing precise specifications defining the actual commodities required. The invitation to bid will include instructions to bidders, plans, drawings and specifications, if any, ether a bid form and other required forms and documents to be submitted with the bid. Request for Letters of Interest is a method of selecting a vendor whereby all vendors are invited to submit a summary of their qualifications and state their interest in performing a specific job or service. Mandatory Bid Amount means the dollar threshold at which the formal bid process is required. The Mandatory Bid Amount is currently $10,000. ..... ~ .... ~-~ ~ ~ *~ ~ ~ require *~ ....... ;' ...... *~ The current ~own requirement of any ~mmodity or se~i~ will not be divided to circumvent the requirement of the Mandatow Bid Amount. Minority Business Enterprises (MBE) is a business or person in which a recognized minority group owns more than 50% of the stock. Minority Businesses must be qualified through certification. Multiple-Award Contracts means contracts which provide awards to more than one vendor for the same item. The CRA Director may use these contracts when it is determined that the use of more than one vendor is in the best interest of the CRA. Negotiations for Professional Services mean the act of determining terms, conditions and prices for the performance of professional services. A~ · .,.,-,r,-,,-,.;~,,~, ...... ;,.,,.,~ .... *;"*;"'"' A negotiation committee will negotiate ~' ~I '~'~ ~'' Ii~ , l~ll~l'~l . with the top ranked candidate from the competitive selection of professional service firms in an attempt to reach agreement on a contract for the provision of services to the CRA. Notice of Award means the written notice by the CRA to the apparent, successful bidder or offeror stating that upon compliance by the successful bidder or offeror with the conditions precedent to the contract within the time specified the CRA will sign and deliver the contract. Open-end Contract means a contract whereby an indefinite quantity of supplies, services, or construction are to be procured over an identified time span a-s-aP~ when needed. Performance/Construction Bond means a bond of a contractodvendor in which a surety guarantees to the CRA that the work /services will be performed in accordance with the contract documents and may, at the 35. 36. 37. 38. 39. 40. 41. 42. discretion of the CRA, include an irrevocable letter of credit issued by a financial institution or cash. Procurement is the buying, purchasing, renting, leasing or otherwise obtaining any supplies o' ~,,,',,-+;-,,,-' +h.,+ ,-,~,,,~;,-, +,., the "'~+~';"'~"" '"~ any ~services, construction or any other item(s) including description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration. Professional Services means any services where the CRA is obtaining advice, instruction or specialized work from an individual specifically qualified in a particular area. Professional services may include a report or written advice ,,,h~,.~,.., ,,..,, ma:,' .....~'" ,..,'"""*~"",~,., ,j, however, the main thrust of the service is not considered labor, but the exercise of intellectual ability. T-he ,-,.,,.,,,-,,,,;,;,,,, h;~; .... ~ '"'; ....... +;+;"'"' ""'"'"' These services may be procured by Letter of Interest or requests for proposals and selected through Competitive Selection and Negotiation. Purchase Order means a purchaser's document to formalize a purchase transaction with a vendor conveying acceptance of a vendor's proposal. The purchase order should contain statements as to quantity, description and price of the supplies, services or construction ordered and applicable terms as to payment, discounts, date of performance, transportation, insurance and other factors Quotation means an informal (verbal) or formal (written) notice by a vendor to the CRA buye~ stating the prices, terms and conditions under which they will furnish certain goods or services. Request for Proposals means all documents whether attached or incorporated by reference for soliciting sealed proposals. Responsible Bidder or Responsible Offeror means the person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give reasonable expectation of good faith performance. Responsive Bidder or Responsive Offeror means a person who has submitted a bid that conforms in all material respects to the invitation to bid or request for proposals. Selection and Negotiation Committee is a group of persons appointed by the CRA Director to rank in preferential order those professional firms or individuals interested in providing services on a particular project and to 43. 44. 45. 46. 47. 48. 49 50. negotiate a final contract with the highest ranked firm. (Staff is seeking direction as to who is appointing the committee CRA Director or CRA Board? It is stated both ways within the document.) Services mean the fumishing of labor, time and effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements but shall include both professional and general services. SNAPS is the State Negotiated Agreement Price Schedule (SNAPS) which is a state program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics. Specification mean any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery. Specifications may also contain .provisions for inclusion of factors which will lead to the ultimate calculation of the lowest total cost. All specifications shall seek to promote overall economy for the purpose intended and encourage competition in satisfying the CPA's needs and shall not be unduly restrictive. Sole Brand means the only known brand or only reasonable brand capable of fulfilling the needs of the CRA. Sole Source means the only known vendor or the only reasonable vendor capable of providing a service or commodity to the CRA. State Contract is the State of Florida Purchasing Division's formal bidding process and award of vadous equipment and services contracts extended for use by all political subdivisions (entities). Supplies mean all property, including but not limited to, equipment, material, printing and leases but specifically excluding the acquisition of leasehold interests in real property by the CRA. Surety means an Organization which, for consideration, promises in writing to make good the debt or default of another. The surety must hold a certificate of authority as an acceptable surety on federal bonds published in the current Circular 570, United States Department for the Treasury and the Federal Register effective July 1 annually, as amended. 7 51. Surplus Property means any property belonging to the CRA, which is capable of being used, but is in excess of the normal operating requirements of the CRA. This property, is disposed by auction or other means which proves to be more beneficial to the ~ (CRA) as determined by all or two of the following: CRA Director and / or CRA Board. The CRA Board will approve the awarded sale of the property. (Staff is seeking direction for the CRA Board as to the Board's approval timing. Does the Board have to approve the sale of the property or will they give direction to sell the property in the beginning and not need to approve in the end?) 52. Suspension means the disqualification of a business or person from receiving Invitations for Bids or Request for Proposals or the award of a contract by the CRA for a given period. 53. CRA PURCItASING POLICY MANUAL BIDDING AND REQUISITIONS PURPOSE: This policy is to establish unified purchasing procedures in determining the requirements for requisitions which will be processed into purchase orders and direct payment requisitions. POLICY: ~"'" ..... ~°;*;""° '"'" *~' ............ * The purchase of all budgeted goods and services below the mandatory bid amount of ten thousand dollars ($10,000) must follow the quotation and approval guidelines stated below. ~ reffu~eme¢~ Purchases shall not be artificially divided to circumvent the approval process. Purchase Amount Quotation Process Approval Level- Purchase Total Purchase Each Item Total Purchase Order Type Less than $500 No Quotation Director* Direct Payment Requisition/P. O. $500 to $1,999 Three Verbal Quotes CRA Director* Direct Payment Requisition/P. O. $2,000 to $4,999 Three Written Quotes CRA Director* Direct Payment Requisition/P. O. $5,000 to $9,999 ThreeWdtten Quotes CRA Chairman or Direct designee & CRA Payment Director* Requisition/P. O. $10,000 or more Formal Bid Process CRA Board Formal Bid * or assigned Designee. 1. Direct Payment Requisition. All f~ymerff~-requisition forms must be submitted to CRA Director or designee providing the amount to be paid, the vendor name and vendor address ~""~ ~"~*~ ~,,'-'~ .....,--- The pporting oice be .......................... su inv must attached to the requisition ,..~.,..~. .... ;~,., ,..,.. ~^/,~,~ .... ~,,~. ,~.nn PM (Staff is recommending taking this out it is an internal operation within the financial process?) Purchase RequiSition less than $500. All Purchase Requisitions totaling less than $500 per purchase may be processed with a Form 121 and the invoice attached to the Form 121. ,.,, ,,-,-,h ........ ~;,i,-.,- ..,.,,4 All Form 121 's are forwarded directly to the CRA Director for approval and returned to the Controller. Ne Price quotes are not required for purchases under this amount. *"' ........ Purchase Requisition totaling between $500 to $1,999. All Purchase Requisitions totaling between $500 and $1,999 will require three verbal quotes. The verbal quotes will be summarized and attached to a Form 121. All Form 121's are forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of a purchase order. Purchase Requisition totaling between $2,000 to $4,999. All Purchase Requisitions totaling between $2,000 and $4,999 will require three written quotes. The written quotes will be attached to a Form 121. Form 121's shall be forwarded directly to the CRA Director for approval and returned to the Controller for payment or issuance of purchase order. Purchase Requisition totaling between $5,000 to $9,999. All ~ Purchase Requisitions totaling between $5,000 and $9,999 will require three written quotes, to be attached. The written quotes will be attached to a Form 121 and forwarded directly to the CRA Director. The CRA Director and CRA Chairman or designee will review the quotes, approve one and return to the Controller for payment or issuance of a purchase order. If 10 6. Purchase Requisition over $10,000. All AP, y Purchase Requisitions over $10,000 will require a formal bid process and the approval of the bid by the CRA Board prior to the issuance of a purchase order. After all procedures have been met the ultimate responsibility for informing the Controller to issue a purchase order or check rests with the CRA Director. :r-ho are recommending taking this out due to it is internal procedure within the organization. CRA Board needs to give direction?) (Legal and Staff is recommending taking this out it is an internal procedure within the organization and is seeking direction from the CRA Board?) 1! CRA PURCHASING POLICY MANUAL BIDS & PROPOSALS PURPOSE: Formal sealed bids and proposals are the most effective methods for soliciting competitive prices from vendors in the government agency purchasing seete~. This policy will establish procedures to use for sealed bids and proposals. POLICY: All contracts of the CRA shall be awarded by competitive sealed bidding'except as otherwise provided in the purchasing policies. All Bids, Request for Proposals (RFP's), Request for Qualifications (RFQ's), Contracts, Agreements, Leases, etc., shall at a minimum meet the insurance requirements as stipulate~ provided for by State Law. 1. Exclusions To The Formal Bid Process are (but not limited to): Ao Competitive Sealed Proposals compares the prices of responsive/responsible bidders to determine an award by evaluating the proposal on a cost and qualitative basis and the ability to meet the bid specifications ,~,~, ~,.,~ d,,,~;,,~,~ ,-,, ..... ~ "'~ ..... *~' Dees-P, et · Description of the item or service to be purchased (statement of work). · Specific cdteria that will be used to evaluate the proposal along with the stated relative order of importance (generally): · Managerial capability. · Technical acceptability and performance requirements. · Reasonableness of price. approach in meeting · May ask for experience in the line of work being considered including references. · Staff capabilities along with resumes of key individuals who will work on the project. · Cost breakdown of the proposed price. Multi-Step Competitive Sealed Bid is generally a two step process wanting to award on basis of pdce, but available specifications are inadequate or to general to permit full and free competition without technical evaluation and discussion: First Phase: Issue request for information or proposal to which interested, potential suppliers respond with either necessary information or unpriced technical offers. Second Phase: Potential suppliers who submitted technically acceptable offers are invited to submit competitive sealed prices based on their technical offers. Award is to the lowest responsive/responsible bidder. Contracts for Designated Professional Services are services where the CRA is obtaining advice, instruction, or specialized work from an individual specifically qualified in a particular area. This wc,--'!d include o.,.~i,~,,.,, ,,.~, ,..,..i,.,,....;.,.-, .-,-~ ,',-,',~o*,~,',~ '~,',~ o' '""'";"'" °'~":'"'" The procurement of professional services does not lend itself to normal competitive bidding and price competition alone. E. Emergency Procurement allows the CRA Director to make procurement of commodities or contractual services where the cost does not exceed ten thousand ($10,000) when there exists a clear and present threat to public health, property, welfare, safety or other substantial loss to the CRA, provided however, that such emergency procurement shall be made with such competition as is practicable under the circumstances. Sole Source Procurement may be awarded for a supply, service or construction item without competition when it is determined that there is only one source available such as repairs or additions from the original equipment manufacturer, only supplier in the area, franchised or licensed distributor or service, patented or proprietary item, or by negotiation where the procurement by competitive procedures is not feasible nor practical. Any vendor identified as a sole source vendor must be supported in writing from the vendor. ]3 G. State Contract is the State of Florida Purchasing Division's formal bidding process and award of various equipment and services contrac(s extended for use to all political subdivisions (entities). Provide-Supporting documents will be submitted with requisition to the Controller as well as ~ all applicable information as printed from the Florida Commission Network as required by the use of State contracts. H. "Piggy-backing" onto contracts by other governmental agencies (i.e., county, school board) is encouraged when it is determined that this method of procurement will provide the best product/service at the best price without compromising specifications or quality desired. This method of procurement should be considered prior to using any other method set forth regardless of quantity or monetary value of the procurement. P-mvide Supporting documents will be submitted with requisition to the Controller as well as a Rumhasi¢~ tab sheet and/or letter of award that clearly specifies the product or service, prices, entity, and bid number and term of contract. Contract must be an open active contract. RESPECT of Florida is a registered service mark of Florida Association of Rehabilitation Facilities, Inc. the central non-profit agency of the commission for purchasing from the blind or other severely handicapped. A catalog is available in the CRA Office ,c'..., .... ..,~'~o;"'",.....,, ,~, ...,n;"~o~"'". ,..,..,. for the procurement listings which include: computers, first aid and safety products, janitorial products, municipal products, office products, promotional products, and services. +;+'~ ~;~; .... ~ ~;~ ~+~' (Staff is seeking direction Dr the C~ Board as to the need of having GSA Contracts within the purchasing manual at this time?) PRIDE of Florida is the Prison Rehabilitation Industries and Diversified Enterprises, (PRIDE) Inc. that is a non-profit, self-funded corporation chartered by the State of Florida in 1981 to provide meaningful training and work experience to inmates in Florida's correction institutions. A catalog is available in the CRA Office o ....h~o;,,,-, n;,,;o;,-,,, of all products, prices, and contact person. 14 SNAPS is the State Negotiated Agreement Price Schedule (SNAPS) which is a State program created to eliminate keeping comparative pricing for purchases as long as they meet the requirements of: recycled content, conservation factors or environmentally desirable characteristics The ........ In the CRA,D...,..,,.....,,,uh"°;'"" ,..,.,..,..,,n;";°;'""' yOU can electronically access the SNAPS program and find the procurement category and company, contract with contract period, the requirements met in the contract and information on how to obtain from the vendor a copy of the Contract agreement and pdce listing. M. Contracts with The City of Boynton Beach for direct services. VVhen A Formal Sealed Bid Process Is Used For Purchases of $10,000 or More The Following Process Should Be Used. Invitation for Bids. An Invitation for Bids shall be issued for each solicitation for offers equal to or exceeding the mandatory bid amount and shall include a purchase description and all terms and conditions applicable to the procurement. B. Bid Specifications. Specifications for all bids should be provided by hard copy and on a 3 % or CD disk. ~ (Staff and Legal are suggesting take it out due to there is no need to keep it in the Purchasing Maunal. What is the CRA Board preference?) Insurance. Insurance is required to safeguard the CRA from all claims resulting from damage to property and/or injury to persons caused by the vendor or their actions. The successful bidder shall be required to obtain, at their own expense, all minimum insurance coverage required under the terms and conditions of all Bids, Request for Proposal (RFP), Request for Qualifications (RFQ), Contracts, Leases, and Agreements. 15 ;~;, ,r~. ,-.,,,-~ +1,-~ ;,~1~ ,. ,j...4, ..1' ~.-~ ,~ M .v I i,,...l~ili+~,.. ~,v+~r,,,,.li,-,,.., ~',,"~,~,~r,"~,'~, '~,",~r r~,rc,.--.r'.,."~l ir,i, ,r~ --'~,",,~'~;,'"lz~,~,l..-~l '~ .... *:"'"' "~ .... * .... *" .... '"~""+ ~: ...... "'°: (Staff and Legal ..................... ,v,, ~., ,.,~ ...... ,.,, ,j ..... aye suggesting to take this ouOt. What is the CR~ Board preference?) D. Bonds. Bonds offer tangible protection in the form of monetary assurances that the bidder will meet their obligations. For bids of $25,000 or more, the successful bidder shall furnish a surety bond as a security for faithful performance of order(s) awarded as a .result of the bid for payment of all persons performing labor and on furnishing materials in connection therewith. Surety of such bond should be in the amount equal to the bid. Simultaneously with the delivery of the executed contract, the successful bidder shall deliver to the CRA an executed bond or a letter of credit in the amount of 100 percent of the accepted bid as security for faithful performance of the contract for payment of all persons performing labor or furnishing materials in connection therewith. The attorney-in-fact that signs the bond must file with the bond a certificate and effective power of attorney. Bonds must be secured by the bidder at his own cost and generally may be classified as: Bid Bond or Bid Security. This is a document, usually in an amount of five percent of the bid, which guarantees that the bidder will enter into a contract with the CRA. if bidder '.":ins the award. Bid bonds protect the CRA from erroneous or deliberate Iow bids which the vendor has no intention of honoring. Should the bidder fail to enter into a contract, the bid bond is forfeited. Bid security must be submitted with the bid and can be in the form of a certified check, cash or bond. The awarded vendor's Bid Security will be returned after receipt of a Performance Bond or a Letter of Credit for in the amount of 100% Eo of the t~-ejeet-bid, unless otherwise provided for in the Invitation to Bid. in the !n,;itctien to Bid. The CP..~. sha!! be entitled to co!!e~ er retain Performance/Construction Bond. This bond is a surety instrument guaranteeing that the vendor will perform according to the terms of the contract and is generally in an amount of 100% of the bid. This bond affords protection from non-performance in completion of major contracts ,~,,, ~¢*~ ~t~ ,1,~;¢~=~ ...... '~ ..... '* ' ¢~"~:~¢~1~ ;,; .... ,~ ,~, CD~ Should the vendor default, the bond is cashed and the C~ may then utilize the funds to complete the ~ntra~ with another vendor. Performance bonds are submitted upon award of contract prior to the CRA signing agreements. Cash Bond. In the amount of the bid or contract award. · Irrevocable Letter of Credit. Sometimes used in lieu of a bond in the case of some construction projects or multi-year contracts. Bid Conditions. In addition to the general conditions of most formal bids some bids require special conditions that pertain specifically to the bids in question. Conditions differ from specifications in that conditions refer to requirements which must be met by the bidder before specifications of his bid are even considered. Public Notice/Request to Advertise. Public notice shall be given a minimum of eight (8) calendar days prior to the date set forth therein for the opening of bids. Such notice shall include publication in a newspaper of general circulation no later than eight (8) calendar days prior to bid opening. The notice shall state the bid title, scope of services or reason for the bid, and place, date, and time of bid opening. 17 G. Bid Opening. Time of Bid Receipt. The CRA Director must receive bids no later than the time and date identified in the Invitation for Bid. Bids received after this time shall be returned unopened to the bidder. GRA-Dim, ste¢ The Secretary will stamp date and record the time received on all bids held for formal bid opening. The CRA reserves the right to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the Bid and no award has been made. Public Bid Opening. All bids received shall be publicly opened in the presence of witnesses at the place designated in the Invitation for Bids. No additional bids, except stated in "Item a' above, will be accepted after the assigned receiving date and time. All Bids Unopened. If all bids are not opened at the assigned receiving date and time of the bid, for any reason other than failure of the vendors to present their bids or cause their bid to be presented at the appropriate time, the bid opening may occur the following workday at the same time as originally scheduled. Bid Acceptance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in purchasing policies. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids, which may include criteria to determine suitability for a particular purpose. Those cdteda that will affect the bid price and be considered in evaluation for award, excluding cash discounts, shall be objectively measurable, such as trade discounts, transportation costs, and total or life cycle costs. The Invitation for Bids shall set forth the evaluation criteria to be used· ,Nc Corrections, Cancellation, or Withdrawal of Bids. Corrections or withdrawal of inadvertently erroneous bids shall be permitted up to the time of bid opening. After bid opening, no changes in bid prices or other provisions shall be permitted; provided however, the CRA Director or his designee shall have the authority to waive minor irregularities as provided by law or correct obvious calculation errors. Bid Evaluation and Award. Bids should be evaluated based on the requirements set forth in the Invitation to Bid, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, service, price and suitability for a particular 18 purpose. Those criteria that will affect the bid pdce and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs and total or life cycle cost, etc. The Invitation to Bid shall set forth the evaluation criteria to be used. The contract shall be awarded to the lowest responsible aP, d ~ bidder whose bid meets the requirements and cdteda set forth in the Invitation to Bid. In determining "lowest responsible bidder", in addition to the bid evaluation criteria above, the following may be considered: · The ability and skill of the bidder to perform the contract. Whether the bidder can perform the contract or provide the supplies/services as required without delay or interruption within the time specified. · The quality of performances of previous contracts or services with the CRA or other entities. K. Tie Bids. If two or more bidders are tied, the tie may be broken and the successful vendor selected by the following criteria presented in order of importance. · Quality of the items or services bid if such quality is ascertainable. · Delivery time if provided in the bid by the bidders. · Location of the vendor with the following award preferences: CRA Vendor City of Boynton Beach vendor Palm Beach County vendor Florida vendor If the above criteria are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the date stamp and time recorded on the envelope containing the bid. Contract Extension. All invitations for bids for open-end contracts shall, when practical, provide for an extension of the contract for a time period up to the amount of the original time period, upon mutual consent of the buyer and seller and written analysis by the Purchasing Agent that renewal is in the best interest of the CRA. Any contract extension less than $10,000 will require the approval of the CRA Director, and contract extensions above $10,000 will require approval of the CRA Board. M. Cancellation of Sclicltation Requests. A request for scllcltaticnc proposals, invitation for bids or request for qualifications may be canceled and/or any or all responses tc ccllcltatlcns may be rejected in whole or in part when it is in the best interest of the CRA. The reasons therefore shall be made part of the CRA file. After responses are opened, such rejection shall be made part of the CRA file. 2O CRA PURCHASING POLICY MANUAL CHANGE ORDERS PURPOSE: A change order is a written order amending a purchase order. Purchase orders may be amended to correct errors, omissions, discrepancies, acceptable overruns, freight costs or amendments to contracts that entail additional cost. Some projects costs cannot be identified all ccsts until the initial work has been completed. POLICY: A change order will be issued prior to invoice payment for the following purposes: Construction Projects and Non-Construction Awards, which were initially approved by the CRA Board Corem!ss!c,",. Change orders for all construction and non-construction purchases, which were initially awarded by.the CRA Board, will be approved as follows: (Based on cumulative change orders) Less than $5,000 requires CRA Director approval; $5,000 to $9,999 requires CRA Director and CRA Chairman or designee approval; $10,000 or more requires CRA Board approval. Change orders will only be presented to CRA Board for approval when Cumulative Change Orders for the awarded item has reached $10,000 or more. When presented to the CRA Board all cumulative changes that make up the cumulative change order amount of $10,000 or more will be presented as part of the approval. If after CRA approval additional change orders are required the same process will be used for the next cumulative change orders. An original of the change order shall be remitted to CRA Director attached to a purchase requisition requesting the change order. CRA Director will make the necessary change to the purchase order and return it to the Controller so photocopies of the change order can be made for the CRA records. Normal purchase orders over $500 will have a tolerance of 10 percent of the purchase order amount up to $100. The invoices for these purchase orders can be processed without preparing a change order. Invoices, which exceed the tolerance limit, will require the CRA Director to review the discrepancy. The change order request shall justify the cause for variance. 2.] Professional Services Contracts are a negotiated contract pdor to services being rendered and change orders will require approval of the CRA Board. All change orders are to be reviewed and processed to change the purchase order amount. Change orders will be distributed to the holders of the original purchase order. If there are any questions as to the procedure for processing a particular change order contact should be made with CRA Director CRA PURCHASING POLICY MANUAL REQUEST FOR PROPOSALS PURPOSE: VVhen the CRA Director determines that the use of competitive sealed bidding is ~ not practical or not advantageous to the CRA, a contract may be entered into through receipt of the competitive sealed proposals. Flcrida Stat,--'te and POLICY: Request for Proposal. Proposals shall be solicited through a Request for Proposal,(RFP). The RFP shall be developed by the CRA Staff ~ de~ with the approval of the CRA Director and review by the CRA Attorney. Requests will identify required specifications to determine the parameters for the solicitation of bids. Public Notice/Request to Advertise. Public notice of the Request for Proposal will be given in the same manner as provided for competitive sealed bidding. Notice will be provided in local media no later than eight (8) calendar days prior to the designated receiving date of the Request for Proposal. Receipt of Proposal. No proposal shall be opened until the time designated in the public notice of the Request for Proposal. A register of proposals in the form of a tabulation sheet shall be prepared containing the name of each offeror. Proposal Conditions and Specifications. Conditions and specifications tend to serve more as guidelines than strict standards. The object is to allow the vendor's own expertise to design a proposal which will fulfill the CRA's ultimate specified result. Conditions and specifications need not be so broad as to promote uninhibited proposals. By establishing boundaries within which to operate and pointing the vendor toward the direction of the CPA's goal, the RFP seeks to elicit the best talents in the market place to solve its problems. o Inquiries on RFP. All questions in regards to an RFP shall be addressed to the CRA Director or designated contact person. CRA Director will coordinate the responses to the inquiry in the form of an addendum that alters or changes the end result of a RFP and forward copies to all known responders to the proposal. Evaluation Factors. The RFP shall state the relative importance of price, if appropriate, and other evaluation factors such as: quality, delivery and service, as well as past supplier performance and conformance to specification and/or quotation requirements. Only criteda disclosed on the solicitation for bid may be used to evaluate the items or services proposed. Discussion with Responsible Offerors and Revisions to Proposals. As provided in the Request for Proposal, discussions may be conducted with responsible offerors that submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. Award. Award shall be made to the responsible/responsive offeror whose proposal is determined to be the most advantageous to or in the best interest of the CRA, taking into consideration the evaluation factors set forth in the request for proposal. The contract file shall contain the basis on which the award was made. 24 CRA PURSHASING POLICY MANUAL PROFESSIONAL SERVICE PURPOSE: To provide a policy that fully complies with the requirements of the Consultants Competitive Negotiation Act (CCNA), Section 287.055, Florida Statutes, when the combined amount for the services is $10,000 or more. DEFINITION: Professional services mean any services where the CRA is obtaining advice, instruction or specialized work from an individual specifically qualified in a particular area. This would include architectural, engineering and registered land surveying services. Professional services may include a report or written advice which may be lengthy; however, the main thrust of the service is not considered labor but the exercise of intellectual ability. The procurement of professional services does not lend itself to normal competitiVe bidding and pricing competition alone. These services may be procured by a Request for Letter of Interest, Request for Proposal or Request for Qualification and selected through competitive selection and negotiation. POLICY: The CRA requires a competitive bid process for professional services when the cost of the service exceeds: Planning or study activity in the amount of $10,000 or more. 2. Basic construction costs in the amount of $10,000 or more. The processes to contract for professional services are: Public Announcement/Request to Advertise - At such time when professional services are deemed necessary by the CRA, the CRA Director shall provide and request for a legal advertisement to be published in a newspaper or general circulation within the Palm Beach County setting forth a general description of the project requiring professional services and providing instructions on how interested firms may apply for consideration by the CRA. In addition, a notification of the project will be sent to each certified firm which has expressed an interest in being notified, a mailing list created from the vendor file and a suggested list from the requesting Staff or Board. Competitive Selection - There shall be a Competitive Selection Committee (CSC) which may be composed of the following representatives: (Staff is seeking direction as to who decides who will serve on this Committee?) A. Representative(s) of the CRA Board. B. Citizen appointed by the CRA Board based on their qualifications and experience in the area of discipline. C. Other representative(s) that may be deemed appropriate by the CRA Director or. CRA Board. The responsibility of the CSC committee will be to: · Short-list the number of firms to at-lease a minimum of three firms. Select *~"' ~'""* .... ';+~"'~ Rank the firms for the particular project without considering price or opening the fee submitted by each firm with the proposal. Hold discussions with all shod listed firms after opening their fee proposal. Such discussion may encompass formal presentations by each firm. The requirements of presentations or discussion will be the same for each shod-listed firm. · Rank the firms based on qualifications and discussions. After selection of the firm that will best serve the interest of the CRA, staff the selection committee will bring their recommendation before the CRA Board t© authorize the order of the firms for negotiation of a contract. Competitive Negotiation - The (CSC) committee will attempt to negotiate a contract with the highest ranked firm to perform the services at a compensation that the committee determines to be fair and reasonable. If the committee is unable to negotiate a satisfactory contract with the firm obtaining the highest ranking, negotiations with that firm shall be formally terminated. The negotiation committee then shall undertake negotiations with the second ranked firm. If these negotiations also prove unsatisfactory, negotiations shall again be terminated and the committee will negotiate, in turn, with each firm in accordance with their ranking by the committee, until an agreement is reached or the shod list is exhausted. When a shod list is exhausted, a new solicitation for proposals must be initiated For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Section 287.017 (5) (a), Florida Statutes, for Category Four (currently $60,000) the CRA shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit cost supporting the compensation are accurate, complete, and current at the time of contracting. Award of Contract - At the successful conclusion of negotiations, a contract award will be recommended to the CRA BOard for approval and a purchase order issued. Less Than Three Firms - In the event less than three (3) firms express interest in a project or less than three (3) firms are deemed qualified by the CSC Committee, then the CRA Director shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to readvertise and after subsequent advertisement, three (3) firms still cannot be qualified, then the CRA shall proceed hereunder with the firm's qualified. Prohibition Against Contingent Fees - Each contract for professional services shall contain the prohibition against contingent fees required by and set forth in Section 287.055 (6) (a), Florida Statutes. CRA PURCHASING POLICY MANUAL CONSTRUCTION CONTRACT PURPOSE: Due to the complexity of construction projects and the cost involved these contracts warrant special conditions. POLICY: In general, contracts for construction of major CRA projects are obtained through the Formal (Sealed) Bid process. Construction projects under $10,000 in cost may be processed by written quotations. Sealed bids are required for all construction projects over $10,000 in costs. The following special conditions will apply to all construction contracts over $10,000: I I,:,i,-,,~ID~,,.~ .... t.i,-,,-,, Dspa,'t. msnt: T~,~, ..................... J "'~'~"~, : -"-.~ .............. ~ !iS[ ......... copy ...... 3 ,.. ni,-.,,-,~,.,,.It i~. ,~t-, .... ,-,,-,,.,~-ihil-',~,, ..... !" .... , I" ..... ~, .......... ~ .... r' ...... / ~,~,d CRA n~,-,~,., ..... ~,, · ............. rev'c:;', =dd er Cp..~. n;,-,.,., .... ;,-,' *,, --,---*;-,~ .......... ~ ................. cf bid n a ~.l/a,,.. ~,e, , han.-11~4 ' t. hn ~' ..... r-'-' 3'0 :~ .... Cp.A, n;.,~,..+,-,. ;. ,-,-,-,-,a.,.a =~d ,-,,a;i,.a ~:.,.,,.,, the CP~ h 28 ":~ ...... * *"' A~"e"*~°e" '"~'"~ is o"~'"'~'~"~ *'" *he CP..~, n;.,.,.,,.. +,. prepare an ,'A,~,,~;~;,.,. ~"'~ assigns CP~, Staff *" ,,.,.~a ,-,, ,, ,h,. ,,~,.,,;,.~,;,-,,. ~.,. ~;4,, ,... ........... , .... 7 are .... .... r.' .................... car "'~"'* '"' '* *"' *~' .....';°* "'~ .... ~"'"° (Legal and Staff ----, ,. .--~. .-- ., ,.- -..-, ,,.- ,,... .., ..., ,...., ... are recommending this be taken out and are requesting direction for the CRA Board.) Announcement of Bids n,,,~ ,,., the '"""~"'~"*'"'~o '~--o;"'- *,-, o~,o,-,- ;,, , .... assure the greatest degree of competition, all of the following shall be used to announce the bids: Newspaper Legal Ads. Legal ads are an excellent method of attracting interested bidders, while also dispelling any criticism of bids only going to favored contractors. For this reason, they are required to be posted in a newspaper of general circulation in Palm Beach County. Legal-a(~ Legal ads should briefly state the name of the project, location, nature of work required, contact person name and telephone number, bid receiving date and time, cost of plans and location where bid specifications may be obtained. The ads should be placed a minimum of eight (8) calendar days prior to the bid receiving date. Advertisements may also be listed in the Dodge Reports, and other construction journals. Mailing to Interested Contractors (Bidders List). The primary contracts for construction bids are those firms that have previously done work for the Gity-ar~ CRA or other governmental entities or expressed a desire to bid. A list of these firms shall be assembled from records from of the CRA and...,,'.*~.,--,.., r,;+,,...,.~ ,.,...,..,'~'""~"*'"'~'"'*°.,, ,..., ,.., involved in a construction project. 29 Additionally, CRA Director and the CRA Board may contribute firms that are listed in various reference sources, including: Thomas Register, Municipal Index, Yellow Pages, Contractor's Blue Book, Palm Beach County Minodty Business Directory, etc. Generally, only an "invitation to bid" letter, or a "notice to contractor" should be mailed to firms on the Contractors Bidders list. This Pre-Bid Conference. For all construction projects, a pre-bid conference may be held. Attendance at this conference is not mandatory, but highly recommended, for all bidders. ~(Legal and Staff are recommending this be taken out and are looking for direction from the CRA Board?) ~ ......hnll ~. -~,-a ~. +~ ~o;,;.. ~;., (Legal and Staff recommending this ~ .................................... ~ ..... are be taken out and are looking for direction from the CRA Board?) Bid Opening n,,~, +,., the the · nr,'~in,'.ll'c· Alt4 ,',n,~,-,;n,-~ eh,'-~ll I"' "'J'"'~"~', '"'"" '~l""-" '" 'U '"" '"'",, ~ ............ m~r. ncr. No bids will be accepted after the receiving date and time (exception; the CRA reserves the right to consider bids that have been determined by the CRA to be received late due to mishandling by the CRA after receipt of the bid and no award has been made). The CRA Director is in charge of the bid opening and shall fully record the various bids for the construction project. Anyone requesting to review bids will be requested to wait until all bids received are finally tabulated and a staff person is available to monitor the bid package review process. Bid Review and Award. T~ ~,~ .... a +k"""'"'h Bid review shall include the CRA Director....,,',-;,,;,,-~+;,-,,,,~,,, ,,..,, .~, ~,,,-,--,*,-,,,-,~....,.....,.,, ,.., ,,, CRA staff will make copies of the 30 r~,-~ ,~,,~+~ In,-,h ,N,~-I ~i,,-,, ,IN I~ ,,~,~ .... / ...................... contractors Bid Form, response page, references, bid bond and any pages stating substitutions or changes to the bid document. In some cases,._ . .review of bids may be performed by a contracted Architectural /l:nglneerlng firm r.....m~ ..~ ~.~.~ ..... , m.... ~. ...... ~.~ m The contract award should generally be made to the lowest most responsive/ responsible bidder meeting specifications. If this is not the case, a thorough explanation should accompany the formal evaluation. Bid award shall be made by the CRA Board. Formal Construction Contract (Agreement). Due to the complex nature and duration of construction projects, a formal construction contract is prepared and copies are issued to all parties. These contracts are prepared by either a hired Architectural/Engineering firm, or the CRA Attorney's Office. The formal construction contract is based on the bid document and plans. The contractor shall provide all required licensing, insurance, and bond documentation to the CRA along with the signed contracts. All contracts are reviewed and approved by the CRA Attorney as to form and legality before the contract is signed. 31 CRA PURCHASING POLICY MANUAL PURCHASING/PETTY CASH PURPOSE: This policy will allow for the procedures to establish and manage a petty cash fund of $500.00. POLICY: The CRA Staff ~ has the authority to request petty cash for the petty cash fund to meet small incidental purchases for facilitating the transaction of CRA business such as: small purchases that must be made from vendors that do not offer the CRA credit, postage for special delivery, toll receipts, parking, etc. Petty cash requests will not be authorized for individual purchases that exceed $100.00. '"~ *~'"°" ~'""~" The Controller '"'"'"" ........ ;,.,-,...~ o6 .... *'"'~:~'" will be responsible for controlling the flow of cash in and out of the Petty Cash Fund, making sure proper receipts are obtained for each purchase, assuring that proper forms are obtained for each purchase, assuring the proper forms are filled out completely and authorizing signatures obtained. The Controller eustedian will also be responsible for reconciling the Fund as needed and applying for reimbursement. Procedures for a petty cash fund are as follows: Petty Cash Payments - When an employee requests reimbursement or receives an advance from petty cash, the Petty Cash Receipt must be used. This form provides for identification of: dollar amount of receipt; reason for purchase, expense code, signature of employee receiving petty cash and the signature of Controller '~"-'~'*'"'"'-+ .... *'-'+'~" ~: .... ** ..... ~ ~'-'~ ";"""-' .... "" -~'~"'~'"'""* ~'"'~'~ Anytime a disbursement is made from petty cash it is required that this form be completed in full. Petty Cash Reimbursement - Petty cash funds should be reconciled on a weekly basis, or mcr~ frgqu~nt if n:cd~d. Reimbursement request will be submitted by the Controller on a Form 121 r~i,.,,,., D ...... * D .... with the description stating "Petty Cash Reimbursement". The account codes from the Petty Cash Receipts will be summarized on the c, ...... , ~ .... ;~,~,.., Form 121. The Form 121 r~,.,.,-~ D ...... Re~u~, Petty Cash Receipts, and supporting invoices will be sent to the CRA Director for approval of the reimbursement of petty cash. Sales tax should not be paid .... ** ..... ~, i .... ~,..,,,. -r~,,~ CPS, ~ *~" ~×~mpt 32 Discrepancies in Petty Cash - Any discrepancies in the petty cash fund maintained by the Controller ~ should be brought to the immediate attention of the CRA Director. 33 CRA PURCHASING POLICY MANUAL PURCHASING CREDIT CARD PURPOSE: The CRA Purchasing Credit Card Program is designed to improve efficiency in processing Iow dollar value purchases from any vendor that accepts the Visa / MasterCard or American Express credit card. hA .... ,-,~ ...... .~ 0~," "" '""~'"'~ ~' ,,-,,-,I;,~,-,~. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the name is clearly shown on the card as the CRA Geve~ buyer of the goods and services. ..... , ......... on .......... ec,~rd .............. · ............... ~. ............... The tax exempt number wilJ be given to each card holder. CRA Director and CP~, Bc=rd will monitor the performance of the program. The purpose of this policy and procedures is to accomplish the following: To provide an efficient method of purchasing and paying for goods and services not exceeding $500 per purchase (total invoice). 2. To assist in the procurement of small dollar purchases. To replace manual hardcopy requisitions and purchase orders for Iow dollar value purchases. To ensure purchasing credit card purchases are in accordance with the CRA's ordinances policies and procedures. To reduce the time spent to process Iow dollar value transactions. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 7. To provide for disciplinary action if the purchasing credit cards are misused. The policies and procedures provided herein are minimum standards for use. 34 ASSIGNMENT AND CONTROL OF THE PURCHASING CREDITCARD ac,~Nic~c.r¢~ (Legal and Staff are recommending this be taken out and are looking for direction from the CRA Board?) CARDHOLDER USE ONLY: The purchasing credit card may be used only by the employee whose name is embossed on the card. ~'['" '"*k ........ ; .... *~'"'";-'~'~. * ..... tho ~ The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY: The purchasing credit card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action that may include dismissal and/or criminal charges. DOLLAR LIMITATIONS: The assignment of a purchase credit card will establish limits for each Cardholder, a single purchase limit and a 30<lay limit. The maximum limit for a single purchases shall be $250 and a total of $500 during any 30-day billing cycle Requests ~: ..... ,~;.~,-, ];,~;+ ..h ..... m, ,c* ~,-, A single purchase may be made of multiple items, but the total invoice cannot exceed $250. CHARGES FOR PURCHASES SHALL NOT BE SPLIT TO STAY WITHIN THE SINGLE PURCHASE LIMIT. PURCHASE LIMIT. Exceeding these limits will be considered abuse of the purchasing credit card program and can result in cancellation of card, disciplinary action, or both. 35 4. PURCHASING CARD SECURITY: A. STORAGE OF THE PURCHASING CARD: Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. B. ACCOUNT NUMBER: Guard the purchasing credit card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD: The only person entitled to use the purchasing credit card is the person whose name appears on the face of the card. Do not lend your purchasing credit card to another person for use. D. LOST OR STOLEN CARDS: If the purchasing credit card is lost or stolen, you must immediately notify the CRA Director and the Controller. E. RESPONSIBLE REPORTING The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. MISSING DOCUMENTATION: If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase and may be held responsible for the charges. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. PAYMENT AND INVOICE PROCEDURES: The purchasing credit card companies will mail all individual and consolidated billing statements to the CRA. r,,...,,.,..,,.....,,.,..,,.., .... ...,,..'~ ,.,~,-,..,,.. ..... ,;,-,..+,..~ .-,,.+ .... , ~,.,- ~,, ,...,-,~,,-,[.~,.,-~. ,,., ,~,....--..fDA. n;,-,.,-,,.,- The individual and consolidated billing statement will list all transactions processed during the billing cycle. !f nc ..... ~' .... were .,.,o,~ ,-,~ tho r.., ,r.,-.l-~.-~.;~,,-~ ,-..'-~r,.,I ,,4. ,r;.-,,,'~ ~'i~ i-~;ll;,,~,-~ ,".t.'-I,~ ~.'~ ;n,-iit.;,-h ,.'~1 The Controller must review the individual and consolidated statement. n,,,,-,,.,,.,,-,-,,~,-,,/n.',,;,,;,.,,., D .... ~.,o;,-,g r,,.,,-,,.~;,.,,.,, .... ~ '"'"*'" any ...... or ~ Charge slips/receipts for all items listed on the statement shall be attached to the monthly statement. Th ........... ....... i,,*r ..... .... to bC "+""""~ +" +ha '"'"'"+~'"' °+~+ .... + - +h,..,,.,~ .... it appears ,.,.,.,~, ................ y ............ :,~, .......... ,.... O,~, +h,-,,, ,.., 37 ATTACHMENT II CRA PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, .(name of employee), - (employee social security number), hereby request a Purchasing Credit Card. As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers" =c identified by tho I understand that the CRA is liable to purchasing credit card companies for all charges made on the Card. I agree to use this Card for approved purchases only and agree not to charge personal purchases. I understand that the card may not be utilized for cash advances. I will not permit another individual to utilize the card issued to me. I understand that the CRA will review the use of thiS Card and the r=lated ,,,,..,,.~..,,,~,,.~'-* ,..~....,..,~o and take appropriate action on any discrepancies. I acknowledge that the Card may only be used for purchases that total less than Two Hundred Fifty ($250,00) Dollars per transaction. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment (including retirement), e~,,., ,,,~ ,~..,,.,. ~ .......... ;-..~,;,.,,..~j~, ,~ ,.~,o.,,.,,. -"'~ ....... "-'" ~' nc;;, "'"'",,;; ...... '~*" I understand that the CRA or Purchase Credit Card companies may suspend or cancal the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. 38 CRA Purchasing Card Program Employee Agreement Page 2 of 2 I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: provide supporting charge slips/receipts listing the reason for purchase or job it pertains to for all transactions appearing on the statement, re, dc;;, ,-,,,.,,,+~l,, o+,,+ .... , ,,,;+.~. If the Card is lost or stolen, I agree to immediately notify the CRA Director and the Controller (1-561-737-3256) of the loss, verbally and in writing. Employee Signature and Date Witness Signature and Date Print Name - Employee Print Name - Witness Controller Date FOR OFFICIAL USE ONLY Issuance Date 39 [] RETURN CHECK TO DEPT. COMMUNITY REDEVELOPMENT AGENCY DIRECT PAYMENT REQUISITION FORM 121 Please issue a check in the amount of 0.00 TO: FOR: Requested By: Approvals: Controller Executive Director Accounts Payable Check Date: FUND CODE DEPT AMOUNT 0.00 TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-071 STAFF REPORT Chairman and Members Community Redevelopment Agency and City Commission Michael W. Rumpf Director of Planning and Zoning Maxime Ducoste ~ Planner March 25, 2003 Schnars Business Center Variance/ZNCV 03-002 Relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3., requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of th 107 feet from the intersection of Federal Highway and N.E. 9 Avenue for a proposed office/retail building. Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION 924 Venture L.L.C. Jeffrey T. Schnars 924 N. Federal Highway Boynton Beach, FL General Commercial/C-4 (West Parcel), Mixed-Use/Single-Family R-1-A (East Parcel) Mixed-Use (MX)/Mixed-Use Low (MU-L) Professional offices and retail 0.52 Acre (22,838 square feet) (see Exhibit "A"- Location Map) N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; An auto repair business (ND Auto Repair shop) zoned C-4; Single-family neighborhood, zoned R-l-A; and North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. 1279 ' Staff Report Memorandum No PZ-03-071 Page 2 BACKGROUND The subject property, owned by 924 Venture EEC., is located at 924 N. Federal Highway. The agent, Jeffrey T. Schnars is requesting relief from the above-referenced Land Development Regulations which requires that parking lot driveways be constructed at least thirty (30) feet from the intersection of the right-of- way lines along local streets, and one hundred twenty (120) feet from streets of higher classifications. The Schnars Business Center proposal included two (2), new driveway entrances measuring 24 feet wide providing ingress and egress along North Federal Highway and N.E. 9th Avenue. The entrance driveway on North Federal Highway is proposed to be located approximately 107 feet from N.E. 9th Avenue. This proposed driveway is located on a major arterial (Federal Highway), therefore, the 120 foot separation from the intersection is required. As indicated on the site plan previously reviewed by the Community Redevelopment Agency Board on February 11th, 2003, the applicant is proposing to construct a new three (3) story, 8,754 square foot office / retail building located at the southeast corner of North Federal Highway and N.E. 9th Avenue (see Exhibit"B" - Proposed Site Plan). The subject parcel is approximately 0.52 acres in size with approximately 130 feet of frontage along North Federal Highway, and 143 feet of frontage along N.E. 9th Avenue (see Exhibit "C"- Survey). The special lot condition that exists for the subject property, is the short frontage distance along the North Federal Highway right-of-way. As such, adding a driveway access point on North Federal Highway that complies with the City ordinance requirement of 120 feet and provides a feasible site design is challenging. The proposed driveway is located 107 feet south of the intersection. Therefore, the applicant is requesting a variance of 13 feet. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: ao That special conditions and circumstances exist which are peculiarto the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properfies in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 1280 Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D", as well as site restrictions, and proposed design requirements. Staff has determined that minimizing traffic impact at this location is a partial justification for granting this variance. In order to satisfy Staff Report Memorandum No PZ-03-071 Page 3 the Land Development Regulations, the driveway along North Federal Highway would be placed 120 feet from the intersection of N.E. 9th Avenue to the edge of the driveway's pavement. This scenario would leave no additional linear footage necessary to provide the 24-foot minimum driveway width as required by code. This scenario would also result in the elimination of required parking spaces to support this office/retail project, and create inefficient internal vehicular traffic circulation. The Federal HighWay driveway minimizes the impact of the project traffic onto N.E. 9th Avenue. If there was only one project entrance at N.E. 9th Avenue, traffic exiting from the site could back up into the interior driveway of the project when waiting at the intersection light and further congest the secondary roadway and adjacent residential neighborhood. A second driveway on North Federal Highway lessens this potential traffic problem. It should be noted that the proposed driveway located at N.E. 9th Avenue is replacing an original platted alley with a proposed easement, in the same location (ABAN 02-003). This will allow accessibility for the existing utilities. If the existing utilities are being repaired, this site can still be accessed from the North Federal Highway driveway. The Florida Department of Transportation is the permitting authority for access onto Federal Highway. The Florida Department of Transportation, has no objection to the proposed driveway, and has issued conceptual approval (see Exhibit "D"). In keeping with the City's Land Development Regulations, the applicant's response to the above criteria is included within Exhibit "D" Statement of Special Conditions justifying the requested variance. In summary, granting this variance is justified for the following reasons: A special condition exists which is peculiar to the subject property; The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties similarly zoned; The variance requested represents the minimum variance needed to utilize the western side of the property for access (the proposed driveway is located at the southern extent of the property, the farthest distance possible from the intersection); and That the granting of the variance would be in harmony with the general intent of the regulation to promote safe and adequate traffic circulation. RECOMMENDATION Based on the analysis contained herein, Staff recommends that the requested variance be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - Conditions of Approval. MWR/MD S:\Planning\SHARED~WP\PROJECTS\Schnars Business Center~ ZNCV 03-002\STAFF REP.doc 1281 Location IVlap SCHNARS BUSINESS CENTER EXHIBIT "A" R2 PU ,,/ ! ~ ~," J ~ ! i i C'q'' '" i, B1A NE T ~ ]282 EXHIIBIT "B" ~II I ~'10 ./I EXHI IIBII Ill EXHIBIT "C" PORTION OF' LOTS 20 THROUGH 24, BLOCK 4. LAKE ADDITION TO BOYNTON, Item 5 B. C. D. E. F. Schnars Business Center Code Variance Application t EXHIBIT "D" STATEMENT OF SPECl/~ CONDITIONS Frontage along Federal Highway is only 140'. Special conditions were not caused by applicant. Will not confer any special privileges. Ordinance would deny applicant a driveway connection on Federal Highway. Proposed driveway connection is at the south property line. Driveway connection will not be detrimental to the public welfare. We have received conceptual approval from FDOT for the new connection. 1287 JEB BUSH GOVERaNOR EXHIBIT "D" Florida Department of Transportation District Four- Permits Office 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Telephone: 954-777-4383, 866-336-8435, Fax: 954-677-7893 clark.turberville(&dot.state, fl.us January 23, 2003 THIS PRE-APPLICATION FINDING MAY NOT BE USED AS A BASIS FOR PERMIT APPROVAL AFTF. R SANUARY 23, 2003 THIS DOCUMENT IS NOT A PERMIT APPROVAL THOMAS E BARRY, JR. SECRETARY Mr. Jim Mahannah, P.E. Scknars Engineering Corporation 951 Broken Sound Parkway, Suite 108 Boca, Florida 33487 Dear Mr. Mahannah: RE: ~Pr..e,,~p~l!c..ahtiOr. n~,.R.~v, ie, ,w~or C.a_te.~go~.? V~eh.h. icula, r Ac.q. cess, Connection (VAC) permit request State Section 93010, State Road 5, Am~rox Posted Speed 35 .mph~ Access Class ~- ' ' ' ' ' Request: Right-in, right-out VAC 100 feet south of NE 9 Avenue. Applicant: 924 Venture, LLC, Prope_rty Owner: Ruth Dolly Business Name & Address: Schnars Business Center, 924-N. Federal Highway A Pre-applicatio,n Review of the subject l~rgject was conducted at your request January 23, 2003 and category of VACs to the State highway. 'If you believe the category assigned above is incorrect, ple.ase provide supporting data. We have given the plan, as presented, as Lhorough a review as possible at th/s point and our comments or findings are as follows: · We approve the concept as presented with the following considerations. · Please include a copy of this letter with your request for continued pre-application review or permit application. · Applicanfdid provide current survey__ site plan x traffic study__ relating existing Conditions: Parking space to be set back a minimum of 25 feet from edge of pavement, · Mitigation for drainage impacts is required. Dewatermuto right-of-way not permitted. · Any .apl~roved median use is subject to revision with subsequent projects. · F'.med 6'p. ject.s in contr91 zones must meet construction criteria · Dn'nensmns between features are from the near edge of each feature unless otherwise indicated. lvgrable review, of th, e p,ropgs.al gener, a.,lly m. eans th,at you .may_develop pla_ns complying with the ~ew con?4..nenrs a.na suorr~, t ~.err~ wlrmn s~x monr~, to tl~,e. De. parg'n_ ent/or perrri/t processing. hen pc..rEmr requests are su~o.rmr[ea suoseq.uen._t to a Fre-appncatagn Review, Del~artment ~errmts personnel l~ave the duties ozcl~eckina the wability otthe d~sig3, plans in terms oYstandarcrs co .mpliance and co.nstruc~bility. The Departmefff .w. ill attempt to abide w~ih th_e Review comments favorable to your plan to the extent tl~at necessary discretion ~s available to the Permits Enaineer. Unfavorable review generally means that a perrmt application based on the design proposal'would likely be denied. If you should have any questions please contact us at the telephone number or e-mail address shown above.: Thank you for visiting with us. CDT/jma Cc: Heslo¢ D. aley Alan Rommarm Andy Vaillancourt, P.E. File: Sincerely, ..) ( ? ," Clark D. Turberville, P.E. District Permits Engineer s:\permit_d~permits\conceptu\Palmbeac\924 Venture - SR 5 1288 EXHIBIT "E" Conditions of Approval Project name: Schnars Business Center File number: ZNCV 03-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DMSION Comments: None BUILDING DMSION Comments: None PARKS AND RECREATION Comments: None FORE STER/ENVIRON1VIENTALIST Comments: None PLANNII'qG AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS I289 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY CO1VEVIISSION CONDITIONS Comments: 1. To be determined. S:kPIanningkSHARED\WPkPROJECTS~Schnars Business CtrXZNCV 03-002\COA.doc J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS[,~(~VIS \COND. OF APPROVAL DuFour 04-24-01 .DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Schnars Business Center APPLICANT'S AGENT: Jeffrey T. Schnars APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3., requiring parking lot driveways to be located 120 feet from the intersection of the right -of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building. LOCATION OF PROPERTY: 924 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "E" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 1291 City Clerk TO: TH RU: FROM: DATE: PRO.1ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-067 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael Rumpf March 19, 2003 Boynton Beach Marina/MSPM 0:~001 Major Site Plan Modification Property Owner: Applicant/Agent: PRO3ECT DESCRIPTION TRG-Boynton Beach, Ltd. TRG-Boynton Beach, Ltd./Lawrence ]ustiz Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North' South: East: West: 743 NW 1st Avenue Mixed Use (MU)/Mixed Use-High (MU-H) Mixed Use Core (MXC)/N/A Mixed Use including Residential MuU-family, Townhomes, and Commercial. 7.349 acres Right-of-way for Boynton Beach Boulevard and farther north city lift station and undeveloped land zoned CBD; Right-of-way for Ocean Avenue and farther south Ocean Plaza shopping center zoned CBD; Right-of-way for NE 6m Street (Marina Drive) and the Intracoastal Waterway; and 1292 Developed Property (First Financial Plaza) zoned CBD. Staff Report (MSPM 03-001) Memorandum No PZ-067 Page 2 Project size: Total Area 7.349 acres Site Characteristics: Proposal: Concurrency: a. Traffic b. Drainage- Driveways: Dwelling Units: 338 Multifamily units 12 Townhouses New Commercial: Restaurant: 17,591 square feet 7,000 square feet The subject site is currently vacant. BACKGROUND In 1997, the City of Boynton Beach approved the latest site plan for the Marina. The site plan for the subject site included one, eight-story building containing 220 rental apartment units with 8,262 square feet of commercial located on the first floor. Connected to the apartment building was a 605 space parking garage. A 6,130 square foot two-story restaurant building was also proposed for the subject site. In September 2002, the City of Boynton Beach approved a Major Site Plan Modification to the 1997 site plan for the new owners AERC of Virginia, Inc. The modification included: two (2) nine-story apartment buildings containing 282 units connected by a 751 space, seven (7) story parking garage. The first floor of both apartment buildings contain 10,000 square feet of retail commercial. The project has once again changed owners. With this application, the new developer, TRG-Boynton Beach, Ltd., proposes to construct two 15 story buildings and one seven (7) story bulding connected by a 740 space parking garage. The first floor of these buildings wil contain 17,591 square feet of commercial space. Tn addition, the applicant proposes to construct 12 townhouse units along the pier adjacent to the north Marina. The proposed restaurant was a feature of the 1997 site plan. ANALYSIS A traffic statement for this project was approved by the Palm Beach County Traffic Division. Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Conditions of Approval). 1293 There are two vehicular entrances for the project into the parking garage. There is one entrance/exit off Marina Way and one entrance/exit off of Boynton Beach Staff Report (MSPM 03-001 ) Memorandum No PZ-067 Page 3 Parking Facility: Landscaping= Boulevard. Both entrances have a 12 foot ingress lane and a 12 foot egress lane. All other entrances to the project Buildings #:1, #2 and #3 are for pedestrians only. The townhouses proposed for the Marina are accessed by a 20 foot auto court. This private drive, constructed of brick pavers, provides access to the garages for each of the :12 townhouse units. The portion of Boynton Beach Boulevard adjacent to the north boundary of the project is not developed. As discussed above, the north parking garage entrance/exit directly accesses this portion of Boynton Beach Boulevard. The applicant proposes to construct a two lane access road with a 30 foot right-of-way. This access road will be in place until the permanent Boynton Beach extension is constructed by the CRA. Parking for the proposed MU-H zoning district must meet the requirements in Chapter 2, Section :11H, of the Boynton Beach Land Development Regulations. The required number of parking spaces for the proposed project is 856 and only 786 are provided. In order to compensate for the 70 parking space deficiency, the applicant is requesting to use the "fee in lieu of" provision in Chapter 2, Section :1:1. H. of the Land Development Regulations. This request will require approval from the Community Redevelopment Agency Board and the City Commission. The parking garage will have 740 spaces including :15 handicap spaces. A total of 22 surface parking spaces will be provided along the former Casa Loma Boulevard. The total number of handicap spaces provided is 19. Each of the proposed townhouse units will have two parking spaces located in the garage. Regular parking space dimensions will conform to code requirements of nine feet by eighteen feet for 90 degree parking and nine feet by twenty-five feet for parallel spaces. Handicap spaces will be dimensioned twelve feet by eighteen feet. The landscaping proposed for the site will meet or exceed the code. However, the code requires that 50% of all landscaping provided on site must be native species. The landscape plans show that this requirement is met for trees and shrubs but not for the ancillary plantings provided on site. The applicant is required to comply by providing the appropriate species, or apply for and obtain relief from this regulation (see Conditions of Approval). The recently adopted regulations for the ML~H district provide specific landscape requirements that are addressed in the proposed landscape plan. A variety of trees will be used in the streetscape including Silver Buttonwood, Pigeon Plum and a variety of palms. Palms will be used in the streetscape in areas of conflict with utility easements. The applicant has chosen the tree form Bougainvilla as the signature tree for the project. Decorative planters containing seasonal annuals will be located along Ocean Avenue. The west side of the development will be buffered from the adjacent property with a dense planting of trees and shrubs. The parking garage facade will be sufficienUy screened by these buffer plantings up to two floors of the structure. Lush landscaping is provided in the pool courtyard located between Building #! and #2. 1294 Staff Report (MSPM 03-001 ) Memorandum No PZ-067 Page 4 Building and Site: Building and site design as proposed will generally meet code requirements when staff comments are incorporated into the permit drawings. However, there are two major areas that do not meet code requirements. The first is height. The MU-H district regulations permit a building height of 150 feet. The plans indicate a maximum building height of 168 feet that includes roof top equipment and decorative roof elements. The applicant has submitted a request for a Height Exception (HTEX 03-002). The second issue is the inclusion of 12 attached townhouse units in the proposed plan. Residential single-family attached units (Townhouses) are not permitted in the MU-H district. The applicant has requested a Code Review (CDRV 03-001) to include ~hese units as a permitted use. Community Design:The project design is similar to the previously approved concept except for the addition of the 12 townhouse units adjacent to the North Marina. l~f approved, these units will be three stories with garages located on the first level. All buildings will have a painted stucco finish with a metal roof. The roof design is representative of the "Coastal Florida" style, l~t is similar to the roof on the Ocean Avenue Bridge turrets and on the Banana Boat restaurant east of the Marina complex. The metal roofs will be a matte natural gray color. The fa(;ade colors will vary with each group of buildings. Buildings #:L and #2 will be painted a mustard yellow (BlVl :L87) with ivory accent banding (BM 904) at the base of the balcony decks. The seven (7) story, Building #3 fa~;ade will have a two-tone look with the end portions painted tan (BM 234) and the middle portions painted ochre (BM 167). The base of the Buildings #1, #2 and #3, where the retail/commercial will be located, will be uniformly painted a khaki green (BM 1510). The parking garage will be painted tan and olive to match the connecting buildings. :l:t is well buffered with landscaping and visible only from the west. The modified project design is a larger scale with the building heights ranging from36 feet for the townhouses to 168 feet maximum for Buildings #1 and #2. The attached parking garage is seven (7) stories with a maximum height of 60 feet. The major portion of the development is a unified, L-shaped mass fronting on Ocean Avenue, Marina Drive (N.E. 6th Street) and Boynton Beach Boulevard. Setbacks from the street are minimal ranging from eight (8) to 15 feet. :Interlocking concrete paver sidewalks comprise these setback areas. The area along the North Marina will include the townhouse and restaurant/commercial buildings. The three-story townhouses will be painted a combination of tan (BM 235) and rust (BM 063) with olive green shutters (BM 503). The roof will be grey metal. Each unit will have porches overlooking the Marina. The final design for the restaurant/commercial building has not been determined. Final design will require approval from the CRA Board and City Commission Signage: I295 No project signage is proposed with this submittal. Staff Report (MSPM 03-001 ) Memorandum No PZ-06? Page 5 RECOMMENDATION: At this time staff cannot provide a positive recommendation for this major site plan modification request. The excess height and inclusion of the townhouses are not supported by staff analysis. Both issues are discussed in separate staff reports and will require action by the CRA Board and City Commisson. Particularly with respect to the townhome issue, a change in the plans to remove the townhomes would represent a major modification that would require additional staff, CRA Board and City Commission approval. If the CRA Board and the City Commission agree to approve the request then staff recommends that all comments included in Exhibit"C" - Conditions of Approval be required. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. S:\Planning\SHARED\WP\PRO.1ECTS~MARINA\MSPM 03-001\Staff Report 03-001.rtl 1296 Location Map Marina EXHIBIT "A" RE c31 40O CB :E WOfT~ ~cww/ 0 400 8(}0 1200 Feet 1297 1298 EXHIBIT "B" 1299 EXHIBIT "B" - -~t8 ~. 130'0 EXHIBIT "B" !1[- 1301 EXHIBIT "~" ] oo EXHIBIT "B" ] 1303 EXHIBIT "B" .-I 1304 EXHIBIT "B" 1305 EXHIBIT "B" - 1306 EXHIBIT "B" PAl '1307 ' EXHIBIT "B" . 1308 EXHIBIT "B" L L L L L L L L L L L L L L L EE E EEEEE L L L t L L L L L ~ ~. L L L L L 1309 EXHIBIT "B" ,-] L L L L L L L 1310 EXHIBIT "B" 1311 EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" /ILl,l,l,t,l,l,l,l,l,l,l,l,l,l,l,l,l,l,l,I 1314 ,41!. EXHIBIT "B" , ..... J J~:.l,l.l,l:l.'f:l:o Ii! ,,, ,~ili~, , ltl i:' J I,,, !,ll,ll,l I 1315 1316 ii. i~. EXHIBIT "B" 0 1317 . EXHIBIT "B" < HAIH 1318 EXHIBIT "B" 1319 EXHIBIT "B" .) I 1320 EXHIBIT "B" ~ ' ':i · - % ~ j 'al 1.,t, t ~ ,, ,~t,,,!..,,l, qtd. ~'. hll ' . .,, · u d ,. , -..., . ', · '-'",,." ,l"", ~.-"" t,,,,""'.,]_],, ,lllm~[' II, d ~!~,, ,,.. ],d:ll~, ~it. ,t~l,t dfl.!dl,}., ,., . .1,1- ,, · I f , ,! t ~ f ~] ...... : ...... ........... hH-~ : ' . i~. ~! ' ' ~ :~i ~-,l,, -~;. , I ; I' tl ' I ,iii '~ '-', ~!~, '- h -'~ .' ~ .! ~,~ ',.~ ,,,,,,,,, ~~ 'I ~ iai[ · ~'~':!~ ~: IIil11111 ~~ , ~ . -. . ~ .,. -~, 'hi,Ii - IL" ' . ~i!," d '] ,tl,a !] J~ % % '"' ~ u u L l! EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Marina File number: MSPM 03-001 Reference: 3~t review plans identified as a Major Site Plan Modification with a March 25, 2003 Planning & )artment date DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS- Traffic Comments: 2. Provide a Traffic Impact Analysis/Study, to determine if signal timing o changes, striping modifications, or lane additions are necessary as a result of this development. The study shall include the impact of traffic accessing Ocean Avenue from Marina Way and accessing Federal Highway from Boynton Beach Blvd. The traffic study shall also consider any improvements on Boynton Beach Blvd. east of Federal Highway to the site. Unless the applicant petitions for abandonment, the applicant shall be required to dedicate to the City 25 feet of land adjacent to the existing NE 6th Street as currently platted and in use, to allow the City the ability to control ingress and egress into the project site and maintenance of existing and utilities. UTILITIES Comments: 4. All utility easements shall be shown on the site and landscape plans (as well as the water & sewer plan sheet) so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easements so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. Please relocate the Florida Royal Palms proposed in the utility easements to orevent the possibilil~/_9_f damage to subsurface structures. Conditions of Approval DEPARTMENTS INCLUDE REJECT 6. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Article II, Section 26-16Co)). FIRE Comments: 7. Design documents where underground water mains and hydrants are to be provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 8. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 54.3. Emergency access roadways must be fawn and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T 180, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as ~ required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. 9. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire sprinkler systems throughout the following: a) All buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly. b) All buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. 10. High-rise buildings shall be protected throughout by an approved, supervised automatic sprinkler system in accordance with Section 9.7. A sprinkler control valve and a waterflow device shall be provided for each floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1 11. High-rise buildings shall be protected throughout by a Class I standpipe system in accordance with Section 9.7. Florida Fire Prevention Code (2000) Section 11.8.2.2 12. Class 1, Type 60, standby power in accordance with NFPA 70, National 1325 DEPARTMENTS INCLUDE REJECT Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4.2. POLICE Comments: NONE ENGINEERING DIVISION Comments: 13. Show all proposed site lighting on the site and landscape plans (the photometrics plan does not agree with the site plan and landscape plan). 14. The current SFWMD permit on file for this project requires 2000 L.F. of exfiltration trench (per Specific Condition #2 of Permit #EI 50-0129079- 001). This permit will be required to be adhered to, or mended. Revise the drainage plan and calculations accordingly and resubmit for review 15. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 16. All roadways shall be a minimum of 24 feet (2-12 foot lanes) in width, including the parking garage enmf~vays (north and east), with the exception of (East) Marina Drive. This segment of roadway may consist of 2-11 foot lanes (22 feet paved width). Width is measured from edge to edge of pavement and shall not include any portion of adjacent curb and gutter. 17. Paving, Drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. 18. Provide the City with the appropriate documents to designate public access and recreational use easements for the proposed public overlook at the Intracoastal Waterway. These shall be provided at the time,of permitting. BUILDING DIVISION Comments: 19. At the time of permit review, the construction plans shall show that all bathrooms in the covered dwelling units comply with the provisions of the Federal Fair Housing Act 24 CFR 100.205(C)(3)(IV), Requirement #7(2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid use of the fixtures. Clear floor space shall be shown on the plans and designate which option of Requirements #7 (A or B) is being used. 20. At time of permit review, submit signed and sealed working drawings of the proposed construction. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 21. The plans indicate that there will be 12 single family attached homes in this development and 338 multi-family units. According to Chapter 1, Article V of the Land Development Regulations, the formulas for Single Family Attached Units and Multi-family units are applied towards the calculation of the Parks and Recreation Facilities impact Fee as follows: 12 Single Family Attached Units ~ $ 771 each = 9,252 338 Multi-family Units ~ $ 656 each = 221,728 Total = $230,980 The fee is due at the time of the first applicable buildin~ permit. FORESTER/ENVIRONMENTALIST Comments: 22. The applicant must prepare a tree management plan (document) to quantify the trees on the site. This document should outline those trees that will be preserved, relocated, or removed / replaced on the site. This should be coordinated with the identification symbol used on a landscape plan sheet. [Environmental. Re~[ulations, Chapter. 7.5, Article II Sec. 7.C.] PLANNING AND ZONING Comments: 23. Approval of the site plan is contingent upon approval of the Land Use Amendment to the MX-C designation that allows the density proposed 24. Residential single-family attached units (Townhouses) are not permitted in the MU-H district. (Ch. 2, Sec. 6,F. - Table 6F-1). The applicant has requested a Code review to add Townhomes to the list of permitted uses. Site Plan approval is contingent upon the approval of this amendment to the LDR's. 25. All utility, storm sewer and access easements in conflict with the proposed building must be abandoned and relocated prior to issuance of a building permit for this phase of the project. 26. Developer is required to establish a property oWners association for the project. 27. Site plan approval is contingent upon approval of the height exception. (Ch.2 See.4.F.) 28. Submit color elevation drawings for all sides of all buildings prior to the DEPARTMENTS INCLUDE REJECT CRA Board meeting. 29. No signage is being approved with this site plan. All signage will require separate approval from the CRA and City Commission. 30. The proposed plan does not meet the parking requirements as provided in LDR's Chapter 2, Sec. 11. Applicant has requested to use the "fee in lieu of" provision in Ch. 2, Sec. 11 H, to compensate for the 70 space deficit. Site plan approval is contingent upon CRA and City Commission approval of this request. A total of $70,000.00 would be required to be paid prior to issuance of a building permit. 31. The landscape code Chapter 7.5 requires that 50% of all landscape material provided be native. Revise note and calculations on Sheet L-2 accordingly or apply for relief from this code requirement. 32. Elevations and floor plans for the 2-story commercial building and restaurant will require separate CRA and City Commission approval. 33. Address all applicable conditions in the June 12, 200 Amended Mediation Agreement unless amended otherwise. 34. Consistent with requirement of Developers Agreement, dedicate a minimum of two boat slips for the exclusive use of the City Of Boynton Beach for Police/Marine Patrol purposes. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\MARiNAkMSPM 03-001 \COA.doc 1328 S:\Planning\SHARED\WP\PROJECTS\MARiNA\MSPM 03-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :The Residences @ Marina Village APPLICANT'S AGENT: Lawrence Justiz - The Related Group, Ltd. APPLICANT'S ADDRESS: 2828 Coral Way Penthouse One Miami, FL 33145 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Major Site Plan Modification for "The Marina" mixed-use high density commercial/retail/residential project on a 7.349 acre site. LOCATION OF PROPERTY: 743 NE lStAvenue Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: j32~. S:\Planning\SHARED\WFSPROJECTS\MARINA\MSPM 03-001\DO.doc City Clerk DEVELOPMENT DEPARTMENT PLANNING AND ZONI'NG DIVISION MEMORANDUM NO. PZ 03-074 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Planning and Develop~Boardcd Michael W. Rumpf Director~g and Zoning Dick Hui3"so'n; AICP Senior Planner March 27, 2003 CODE REVIEW (CDRV) 03-001 Amend Mixed Use-High Intensity (MU-H) zoning district regulations to allow Residential Single Family Attached Uses NATURE OF REQUEST Mr. Lawrence ]ustiz, agent for TRG-Boynton Beach, Ltd. is requesting an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 6.F. MIXED USE ZONING DISTRICTS, TABLE 6F-1, SCHEDULE OF PERMI-rTED P~NCIPAL, ACCESSORY AND CONDITIONAL USES to include Residential, Single-Family, Attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district (see Exhibit "A' - statement of request). The specific location where this would first be applied is the area that was rezoned to the Mixed Use-High Intensity (MU-H) zoning district on September 17, 2002, and encompasses the site of the proposed Marina Village at Boynton Beach (see Exhibit "B"-Location). BACKGROUND The City's Land Development Regulations were amended on June 18, 2002 to adopt zoning regulations for the Mixed Use zoning districts, which include Mixed Use-Low Intensity (MU-L) and Mixed Use-High Intensity (MU-H). The major purpose of the amendments was to enable redevelopment efforts in the urban core of the Federal Highway Corridor Redevelopment Area. The urban core extends along Federal Highway from Woolbright Road on the south to the Boynton (C-16) Canal on the north. While the MU-L district allows both single-family attached units and single-family detached units, as well as multi-family residential development, the MU-H district allows only multi-family residential development. The site plan for the proposed Marina Village shows a row of twelve (12) three-story 1330 Page 2 CDRV 03-001 Townhouses in MU-H townhouses along the south side of the North Marina~ since the Marina Village is zoned Mixed Use-High Intensity (MU-H), this code amendment will be necessary for the approval of the site plan as presented. ANALYSIS The development of the Mixed Use (Mixed Use-Low Intensity (MU-L) and Mixed Use- High Intensity (MU-H) zoning districts was an implementation measure of the ?edera/ /-/i_ohwav Corr/dor Redeve/opment P/an. The Mixed Use-High Intensity zoning district encourages development that is the most intense allowed in the City with residential densities at a maximum of 80 dwelling units per acre, 85% lot coverage, and a maximum height of 150 feet. The district is restricted to a very small area that has been the traditional downtown of Boynton Beach. The intent behind allowing the high density and intensity of development in this area is "to establish a compactness and critical mass of development and population to establish the downtown as a destination area, and to ensure its success and long term viability." In order to create this critical mass, one of the stated strategies outlined in the Federa/ ..~i_qhway Corr/dor Redeve/opment P/an was to: "Create development standards in the downtown that require intensity, bulk and building massing to establish the downtown area as a focal point. Building height at heights greater than that allowed in the surrounding areas should be encouraged." The area where the Mixed Use-High Intensity zoning district may be applied contains only approximately 75 acres in the center of.the area of the Federal Highway Corridor. This is a very. small portion of the area, and townhouse developments are permitted throughout the remainder of the corridor, through either the Mixed Use-Low Intensity (MU-L) zoning district or the Infill Planned Unit Development (IPUD) district. Generally, densities for townhouse developments range between 12 and 16 units per acre, depending on the amenities being provided to the residents. Average height is three-stories, with some developments reaching four-stories, or approximately 45 feet. If single-family attached dwellings, or townhouses, become a permitted use in the high- density and intensity area, the Mixed Use-High Intensity zoning district will no longer serve to establish the critical mass of population so necessary to underpin the success of the downtown. This change may also combine a residential use that is less compatible than multi-family uses in an activity center. RECOI~It4ENDATION It is staff's opinion that the existing regulations are established to achieve a specific purpose: "to establish a compactness and critical mass of development and population to establish the downtown as a destination area, and to ensure its success and long term viability." The requested amendment to the zoning regulations for this district will serve to weaken the code's ability to achieve that purpose. In addition, there are 1331 Page 3 CDRV 03-001 Townhouses in MU-H sufficient areas elsewhere in the Federal Corridor Redevelopment Area, where townhouse developments are both permitted and encouraged, that the requested amendment is not necessary in order to provide a variety of housing types and price ranges to serve the existing and future population of the City of Boynton Beach. Lastly, placing townhouses between the marina facilities, which typically attract people, and the main traffic route further lowers the potential of the proposed Marina project as a pedestrian-friendly destination. Therefore, staff recommends that the request for code amendment be denied. If the CRA or the City Commission approves the request, staff recommends that a condition be added to limit single family attached units to no more than five percent (5%) of the total residential units in any single development. Exhibits .1:\SHRDATA\PLANNING\SHARED\WP\$PECPRO.I\CODE REV~EW\CDRV MARINA 03\CDRVSTAFFREPT. DOC 1332 The Related Group of Florida 2828 Coral Way. Penthouse Suite Miami. Florida 33145 Tel. (305) 460-9900. Fax (305) 460-991 Exhibit "A" March 4, 2003 Mr. Mike Rumph Director of Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 ,',-',, - 6 30t33 RE: Marina Village at Bovnton Beach Request for a Zoning Use Amendment to the Mixed Use High Intensity Zoning District Dear Mr. Rumph: As you know, the site plan we submitted on February 5, 2003 for Marina Village at Boynton Beach includes twelve (12) townhouse units on the South side of the marina. Ordinance 02-024, which created the Mixed Use High Intensity Zoning District, does not permit "Residential, Single Family Attached," or townhouses, within this District. This letter will serve as our request to the City to amend the Mixed Use High Intensity Zoning District to allow for the development of "Residential, Single Family Attached" units. This will allow for our townhouse units, as shown in our current site plan, to be considered by the CRA and the City Commission as a permitted use. The only amendment necessary to accomplish this is to change the "N" to "P" in Table 6F-1 (row entitled "Residential, Single Family Attached," column entitled "MU-H Zone." Thanks for your assistance, and please call me if you have any questions. My cell phone is: (786) 236-5328. Sincerely, THE RELATED GROUP OF FLORIDA LBJ:eb 1333 Location Map Marina Exhibit "B" R R 40O 4~0 800 1200 Feet 1334 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-078 TO: FRO M: DATE: SUBJECT: REQUEST Chairman and Members Community Redevelopment Agency Board, and Planning and Development Board w. Director of Planning and Zoning April 2, 2003 CODE REVIEW (CDRV) 03-002 Indoor Recreation Facilities To amend the Land Development Regulations: 1. Chapter 1. Definitions, by adding definitions for: "Athletic Competitions", "Amusement Arcade", "Billiard Hall", "Bowling Alley", "Gymnasium/Health Club", "Shooting Range, Indoor", "Skating Rink"; and, 2. Chapter 2. Zoning, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses. NATURE OF REQUEST This request is staff-generated in response to a Commission directive. The proposed amendment to the Land Development Regulations, Chapter 1 and Chapter 2 is intended to add a definition, including a list of uses, for "Athletic Competitions", and to insert "Athletic Competitions" as a conditional use into the list of permitted uses within the C- 3, Commun!ty Commercial Zoning district (Chapter 2, Section 6.C.l.m). The effect of the subject code amendment would be to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District (see Exhibit "A'- Locations for all C-3 and C-4 Zoning Districts with the City of Boynton Beach). BACKGROUND In _]anuary of this year, the City was requested to allow/permit professional boxing events at the Club Ovation nightclub located at the Gulfstream Plaza Shopping Center 1335 Page 2 CDRV 03-002 Tndoor Recreation Facilities (3637 S. Federal Highway). The original nightclub approval, under the name of The Grand (a.k.a. Ozone), was granted by the City on October 17, 2000. The conditional use approval, however, was only for a nightclub, and since the City's Land Development Regulations do not currently allow professional boxing as a permitted use, the request was denied. In presenting this request to the City, it was claimed that the Cities of Delray Beach and West Palm Beach both allow the subject boxing use. This report includes suggested code language if the Commission desires to accommodate such uses, as well as information collected on these two other cities. Since the Boynton Beach zoning code currently does not specifically allow boxing as an allowed use, and taking into consideration the zoning of the proposed location, staff reviewed the C-3, Community Commercial Zoning District for possible changes. Chapter 2. Zoning, Section 6. Commercial d/strict regulations and use prov/sions. Section C.1. (Usesperrnitted), item "m" currently reads as follows: m. Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses(*). Racetracks, go- cart tracks, and water slides shall be prohibited. For clarity and simplicity, paragraph "m" is rewritten below to: 1) create a separate group of uses to differentiate between indoor recreation facilities and outdoor facilities; 2) insert the new use called "athletic competitions"; 3) add provisions for bars, lounges and musical entertainment and 3) add the conditional use mark represented by the asterisk ("*'~). Recreational facilities: i. Indoor recreational facilities, including nightclubs*, bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges, musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. ~[ndoor recreation facilities other than those which are listed above shall be conditional uses(*). ii. Outdoor recreational facilities, including golf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be prohibited. The use "athletic competitions" is new to the City's zoning code, and therefore must be defined. ]:n addition, Staff has found that other terms used in this amendment are not Page 3 CDRV 03-002 Indoor Recreation Facilities included in the zoning code and therefore, would also recommend that the following definitions be added to the Land Development Regulations, Chapter 1, Article II. Defin/tion~. ATHLETIC COMPET]TIONS- Amateur and professional events to include but not be limited to boxing, cheerleading, dance, gymnastics, martial arts, and wrestling. AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video, pinball, or similar player-operated amusement devices, in any combination. BILLIARD HALL - A commercial establishment containing more than two pool or billiard tables for the use of patrons. BOWLING ALLEY - A commercial establishment that devotes more than fifty percent (50 %) of its gross floor area to bowling lanes, equipment and playing area. GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the. conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure. SKATING RINK - A commercial establishment that provides facilities for participant skating which is completely enclosed within a building or structure. ANALYS[S Entertainment-type uses are currently limited to "nightclubs" and "theaters and auditoriums" within the C~3, Community Commercial Zoning District, and "Arenas, stadiums, frontons, convention and exhibitions halls, and racetracks provided that all such uses have a minimum frontage of two hundred (200) feet on a collector or arterial road.." within the M-l, Industrial District. Except for "theaters and auditoriums" within the C-3 district, all other uses listed above require conditional use approval. Chapter 2. Zoning, Section 1:~.2 Conditional uses, defines a conditional use as: "...a use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, Page 4 CDRV 03-002 Indoor Recreation Facilities convenience, general welfare, good order, health morals, prosperity, and safety of the city." Conditional uses are reviewed against the twelve criteria listed in this same section, and facilitate the application of special Conditions or requirements to ensure that any external impacts from the proposed use are considered and ameliorated. For comparison, staff surveyed local governments to obtain their respective regulations. Delray Beach The City allows boxing in privately operated stadiums and arenas permitted as a conditional use in the Community Facilities (CF) zoning district. This district also allows governmental facilities and buildings, civic centers, cultural facilities, tennis centers, museum and swimming centers. (City staff could recall one boxing match being held at the City's Tennis Center.) West Palm Beach Occasional competitions require a "Special Events" permit. Permanent structures housing those competitions are classified as Recreation, Indoor. The use is "permitted with extra requirements (PXP)" in the Professional Office/ Residential zoning district, and "permitted" in the Airport Commercial, Neighborhood Commercial, General Commercial and Industrial zoning districts. Neither of the cities cited by the applicant and contacted by staff, specifically address boxing as a permitted or conditional use. Each considers the permitted facilities, which would be expected to host a variety of events that may include boxing, to be sufficient. RECOMMENDATION Staff recommends the adoption of the proposed amendments to the land development regulations as the minimum changes necessary to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District. Exhibits ]:\SH RDATA\PLAN NI N G\SHARED\WP\PRO.~ECI'S\MARINA\CDRV 03-00 i\CDRVSTAFFREPT. DOC Location Map C3 and C4 Zoning Districts CDRV 03-002 EXHIBIT "A" WOOLBRIGH GOLF RD N W E S EXHIBIT "B" Chapter 1. Article II.-Definitions. ATHLETIC COMPETITIONS - Amateur and professional events to include but not be limited to boxing, cheerleading, dance, qymnastics, martial arts, and wrestlinq. AMUSEMENT ARCADE - A commercial establishment containinq four (4) or more video, pinball, or similar player-operated amusement devices, in any combination. BILLIARD HALL - A commercial establishment containinq more than two pool or billiard tables for the use of patrons. BOWLING ALLEY - A commercial establishment that devotes more than fifty percent (50 %) of its qross floor area to bowlinq lanes, equipment and playinq area. GYMNASIUM/HEALTH CLUB - An establishment desiqned and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shootinq at tarqets with. rifles, pistols, or shotquns, and which is completely enclosed within a buildinq or structure. SKATING RINK - A commercial establishment that provides facilities for participant skatinq which is completely enclosed within a building or structure. Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development Regulations of the City of Boynton Beach is deleted in its entirety and replaced with the following: Sec. 6. Commercial district regulations and use provisions. C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall e used except for one (1) or more of the following uses: a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area. m. Recreational facilities: i. Indoor recreational facilities, including nightclubs*, bowling lanes, billiard halls, health clubs, gymnasiums, shooting ranges (indoor only), skating rinks, and arcades and amusement halls. Bars/lounges, musical entertainment and athletic competitions*shall also be accessory to the principal uses described in this section. ]~ndoor recreation facilities other than those which are listed above shall be conditional uses(*). ii. Outdoor recreational facilities, including golf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be prohibited. ]:\SH RDATA\PLAN NI NG\SHARED\WP\PRO] EC-FS~MARINA\CDRV 03-O0 ~,\CDRVSq'AFFRE PT. DOC TO: TH RU: FROM: DATE: PROJECT: REQU EST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-075 Chairman and Members Community Redevelopment Agency Board Michael Rumpf Director of Planning and Zoning Eric Lee ]johnson, AICP Planner April 3, 2003 Boynton Beach Marina / HTEX 03-002 Height Exception Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO.1ECT DESCRIPTION TRG- Boynton Beach, Ltd. TRG - Boynton Beach, Ltd. / Lawrence .lustiz 743 Northwest ist Avenue (see Exhibit "A"- Location Nap) Mixed Use (MU) / Nixed Use High (MU-H) Nixed Use Core (NXC) / N/A Nixed Use including Residential Multi-family, Townhomes, and Commercial N/A Right-of-way for Boynton Beach Boulevard and farther north is the City lift station and undeveloped land, zoned Central Business District (CBD); Right-of-way for Ocean Avenue and farther south is the Ocean Plaza shopping center, zoned CBD; Right-of-way for Northeast 6~ Street (a.k.a. Marina Drive) and the Intracoastal Waterway; and Developed property (First Financial Plaza), zoned CBD. 1336 Page 2 Memorandum No. PZ 03-075 BACKGROUND The City Commission approved a new site plan for the subject project in 1997. The project included an eight (8)-story building containing 220 rental apartments with over 8,000 square feet of commercial. The commercial portion was relegated to the first floor only. A restaurant was also proposed for the subject site. ]:n November 2000, the property ownership changed to AERC of Virginia, incorporated. The City Commission subsequently approved a major site plan modification (MSPM 02-005) in September 2002. The project, known as the Residences at Marina Village was approved for two (2) mixed-use buildings and a parking garage. The mixed-use buildings were nine (9) stories tall and the parking garage was seven (7) stories tall. in this project as compared to the 1997 plan, the number of apartment units increased from 220 to 282 units. The proposed parking garage would have accommodated up to 75:[ parked vehicles. The area of the first floor office / commercial uses increased from 8,262 square feet to :[0,000 square feet. According to public records, the property ownership changed again in December 2002. The current owners (TRG - Boynton) propose another major site plan modification (MSPM 03-00:~). This project proposes three (3) mixed-use buildings, a restaurant, and a parking garage. The location of the office / commercial uses remain on the first floor of all three (3) mixed use buildings. However, compared with the 2002 project, the number of stories has increased from nine (9) stories to 15 stories (Building #1 and Building #2), the number of residential units increased from 282 to 338 units, and the area for the office / commercial uses has increased from :[0,000 square feet to :[7,591 square feet. in addition, the proposed project includes :[2 townhouse units. The height exception would only be required for the two (2) identical, 15-story buildings (see Exhibit"B'% ANALYS'rS Prior to October 2002, the subject property was zoned Central Business District (CBD). The CBD zoning district allows for a maximum building height of 45 feet, except for mixed-use type of developments (buildings), which as a conditional use, may not exceed 100 feet. in October 2002, the subject property was successfully rezoned from CBD to Mixed Use High (MU-H) pursuant to Ordinance 02-05:[. The MU-H zoning district allows for a maximum building height of 150 feet. Part of the justification to rezone to MU- H was to provide developers with greater options for development and redevelopment projects in the downtown area. Before the property was rezoned from CBD to MU-H, the City Commission approved a new method for measuring building height based on roof type. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Ordinance 02-010, adopted on March 19, 2002, provided that the building height for a mansard roof is measured (in feet) from the finished grade to the top of the deck line. it should be noted that the nine (9)-story building approved in the September 2002 Major Site Plan Modification (MSPM 02-005) proposed a mean building height of 98 feet. The tallest portion of the roof for that project was the peak of the decorative cupola. It reached as high as :[1:[ feet. The nine (9) story buildings complied with both the CBD and MU-H zoning district limitations due to the change in the method for measuring building height. The proposed elevations for the new plan (see Exhibit "B") show that the deck line (a.k.a. the top of the roof deck for the mansard roof) will be 144 feet in height. This is the point of the structure where the building height is measured according to the definition of building height in the City's Land Development Regulations. This point on the building is proposed six (6) feet below the maximum allowable height of 150 feet. However, according to the drawing of the proposed Page 3 Memorandum No. PZ 03-075 mixed-use buildings (see Exhibit "B" - Sheet A-16), the top of the highest mansard will be 168 feet in height. The top of the mid-height mansard will be :[63 feet in height. According to the applicant, the portion of the roof that will require the height exceptions consist of the following elements: A decorative pitched mansard on top of a raised parapet, designed to provide screening of rooftop equipment. ~[t will provide an architectural element with traditional roofing shapes, appropriate to the scale of the building. The top of this "typical" mansard is ::[58 feet in' height. An additional raised parapet and mansard at the east end of the building to provide variety in the roof shape to prevent the roof mansard from becoming boring and repetitive. The top of this "mid-height" mansard is :[63 feet from grade. An elevator machine room projects above the main roof approximately :[6 feet with a height of 160 feet above grade. On top of the machine room roof a mansard is proposed to connect the architecture of the raised machine room roof with the main roof mansard. This projection above the roof creates a centerpiece for the main fa(;ade of the building at both the street elevation and the pool elevation, l't centers above the main lobby entrance. This mansard travels across the center of the roof from north to south to create a distinctive architectural element when the building is seen from a distance. The top of this "high" mansard is 168 feet. The objective of the CBD and mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. Land .Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "D"- Applicant Letter). However, the premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CBD and Nixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the CBD zoning district allows for a maximum building height by right at 45 feet. However, building heights in the CBD may be increased to :[00 feet, but only as a conditional use. As a conditional use, it would be evaluated against a different set of standards and require public notice. The Nixed-Use Low zoning district allows for a maximum building height of 75 feet by right. Only the Nixed-Use High zoning district allows for a maximum building height of 150 feet by right. The proposed buildings (see Exhibit "B'~ show that the deck line will be :[44 feet in height, or six (6) feet below the maximum allowed by the NU-H zoning district. Theoretically, roof top equipment, stairs, and elevator towers could have been placed within this six (6) foot area. However, the peak of the tallest portion of the roof is :[68 feet in height. This is :[8 feet over the maximum allowed by the MU-H zoning district. No existing buildings in the CBD or citywide are :[00 feet tall. ]~n general, the "spirit" of the height exception process was intended to allow for mechanical equipment, elevator towers, and other minor rooftop appurtenances that would incidentally (due to Building Code related issues) exceed the 45- foot maximum height limitation. This request for an :[8-foot height exception does not meet the intent of the height exception. ~ ~-~ L~ ~:~ Page 4 Memorandum No. PZ 03-075 RECOMMENDA'I/ON As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the accompanying request for major site plan modification (HSPH 03-001). The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. However, staff cannot support a height exception for any portions of the proposed buildings that will exceed the 150-foot limit. Staff recommends that Building #1 and Building #2 be redesigned to stay within the 150-foot height limitation. S:\Planning\Shared~Wp\Projects\MARINA\HTEX 03-002~Staff Report.doc Location Map Marina EXHIBIT "A" .0 c3i CBB- SiTEi R~, ? i / 400 0 400 800 1200 Feet = ~.i5 E'~ IE'E ~E J~ E.E JE.E ~i-: :i-: E ~ E EE E -- E'aE E ~!-- --j-- E -- E EEIE -- E!aE E E~ ]1-': E -- E -- E _-' E El-- E -- L!~ E _-- _E _--_~.:_: E _E ~__--_E _--- Ei,~ ~ EE E,: El-- E E E EE_ E -- ~ EE EF EJ-- _E [ F _E E -- EXHIBIT "C" Conditions of Approval Project name: File number: Reference: Boynton Beach Marina HTEX 03-002 Site plan dated March 23, 2003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORE STER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: Page 2 Boynton Beach Marina File No.: HTEX 03-002 DEPARTMENTS INCLUDE REJECT 2. To be determined. S :~lannin$~ HARE D\WF'~PRO JECTShMARINA\HTE X 03-002\COA. doc EXHIBIT "D" The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, Florida 33145 Tel. (305) 460-9900, Fax (305) 460-9911 March 3, 2003 Mr. Mike Rumph Director of Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: Marina Village at Boynton Beach Height Exception Request Dear Mr. Rumph: Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for Height Exceptions for two 15-story buildings as depicted in our site plan submission to the City on February 5, 2003. Two of our proposed buildings are 15 stories, which normally would not be over 150 feet in height. However, so that the buildings remain esthetically attractive there are certain mechanical functions and design elements and that need to exceed the 150 foot height. These include the elevator machine rooms, and roof-top air conditioning equipment (which is screened from view through the use of perimeter mansard type roofing which exceeds the 150 foot height to the top of the mansard). .~ Section 4 (F) (3) states several questions to be answered by an applicant for a height exception, as follows: (a) Whether the height exception will have an adverse effect on the existin~ and proposed land use. Answer: The requested height exceptions will not have an adverse effect on the existing and proposed land uses since the proposed buildings are consistent with the Mixed Use (High Intensity) Zoning District, which allows for a height of 150 feet. (b) Whether the height exception is necessary. Answer: The height exception is necessary to hide roof top air conditioning equipment and to provide for roof top elevator machine rooms. In addition, the roof treatment provides articulation to give the buildings a more desirable aesthetic appearance - not horizontal flat parapets. Page 1 of 3 EXHIBIT "D" I I._J (c) Whether the height exception will severely reduce light and air in adiacent areas. Answer: The requested height exceptions will not severely reduce the light and air in adjacent areas. Marina Village is bordered by Boynton Beach Blvd. on the North and Ocean Avenue on the South, and therefore will not impact any properties to the North and South. The marina and the Intracoastal waterway is on the East side, and the Financial Tower building is on the West side. The closest part Marina Village to the Financial Tower is the parking garage and the seven story element of the site plan. (d) Whether the height exception will be a deterrent to the improvement or development of adiacent property in accord with existin~ regulations. Answer: The requested height exceptions will not be a deterrent to the improvement or development of adjacent property within the Mixed Use (High Intensity) Zoning District. To the contrary, we believe that the Marina Village project will act as a catalyst for the redevelopment of other properties in the adjacent Mixed Use (High Lntensity) area. (e) Whether the height exceptions will adversely affect property values in adiacent areas. Answer: The requested height exceptions will not adversely affect property values in adjacent areas, but will make for more interesting architecture that will only increase surrounding property values, and act as a catalyst to improving property values in the area. (f') Whether the height exception will adversely influence living conditions in the neighborhood. Answer: The requested height exceptions will not adversely influence the living conditions in the neighborhood, but we believe will provide for a more aesthetically pleasing view and neighborhood. (g) Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. Answer: The requested height exceptions will not constitute a grant of special privilege as contrasted with the public welfare, particularly since without the height exceptions for the mechanical and functional elements of our buildings (e.g., elevator machine rooms, rooftop air conditioning equipment) and the enhanced architectural features that will be the public "identity" for the project, the appearance would not provide for as much "architectural" variety. Future developments within the Mixed Use (High Intensity) District will have the right to apply for such exceptions. The architectural uniqueness which this allows will enhance the esthetics of Marina Village and the public welfare. Page 2 of 3 I 1,1 (h) Whether sufficient evidence has been presented to iustif¥ the need for a height exception. Answer: We believe that for all the reasons set forth herein, sufficient evidence has been presented to justify the need for the requested height exceptions for the functional, mechanical, and architectural features of the Marina Village project. Please let me know if you would like us to provide any other additional information. Sincerely, Larry LBJ:eb Page 3 of 3 TO: THROUGH: FROM: DATE: PRO.1ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-059 STAFF REPORT Chairman and Members Community Redevelopment Agency and City Commission Michael Rumpf Planning and Zoning Director Kevin Hallahan Forester / Environmentalist March 19, 2003 Vermeer Southeast Sales; LAAP 03-001 Relief from the City Of Boynton Beach Land Development Regulations, Chapter 7.5, Article II, Sec. 5.E. buffer requirements, to avoid the requirements to install trees and a continuous hedge along the east (rear) perimeter. Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use: Proposed Use: Acreage: PRO3ECT DESCRIPT"ZON Denbesten & Bokhoven, Ltd. Denbesten & Bokhoven, Ltd. /Jon E. Schmidt & Associates 1060 West Tndustrial Avenue Light Industrial / M-1 (same) Industrial/Warehouse 4.32 acres 1337 PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA The Residences @ Marina Village Lawrence Justiz - The Related Group, Ltd. 2828 Coral Way Penthouse One Miami, FL 33145 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Height Exception for "The Marina", a mixed-use high density commercial / retail / residential projeCt on a 7.349 acre site. LOCATION OF PROPERTY: 743 NE 1st Avenue Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land DeVelopment Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP~PROJECTS\MARINA\HTEX 03-002\DO.doc City Clerk Staff Report Memorandum No. PZ 03-059 2 Adjacent Uses: North: South: East: West: Vacant property with an Industrial land use designation and zoned Light Industrial (M-l); Vacant property with an ]:ndustrial land use designation and zoned Light Tndustrial (rvl-1); C. X. S. Railroad Right-of-Way; West Tndustrial Avenue right-of-way, farther west are developed single-family homes with a Low Density residential designation and zoned R-i-A. BACKGROUND 3on E. Schmidt & Associates, agent for Vermeer Southeast Sales c/o Merle Den Besten, are requesting approval to appeal Chapter 7.5, Article II- Landscape Code, Section 5.E. of the Land Development Regulations (See Exhibit "A'-Letter of Appeal). The appeal is to eliminate the installation of the required rear landscape buffer represented by (9) Swietenia Mahogany, (7) Black Olive trees, (:~55) Coco plum hedge plants and irrigation improvements along the entire 315-foot east perimeter (See Exhibit "B"- Rear Landscape Buffer). The subject property is located on the east side of West Industrial Avenue approximately 3000 feet north of Boynton Beach Boulevard (See Exhibit"C"-Location Map). Site Plan approval was granted on August 20, 2002, which included the above- described rear landscape buffer (See Exhibit "D'-Approved Plan). The rear (east) perimeter of the Vermeer property abuts the Seaboard Coast Line (C. S. X.) Railroad right-of-way, and farther east is the 1-95 right-of-way. There are no less intense land uses east of the Vermeer site. The existing C. S. X. railroad tracks are at an elevation 10 feet to :15 feet higher than the elevation of the subject site. Also, part of the buffering is provided by the existing stand of Scrub Oak trees and under-story vegetation immediately adjacent to the east perimeter within the C. S. X. right-of-way. The existing Scrub Oak trees form a continuous, 10 foot to 15 foot high landscape buffer along the entirety of the Vermeer site (See Exhibit "E"-Site Photographs). The proposed new trees, hedge plants, and irrigation improvements would not provide any additional landscape buffering not already created by the existing, off-site Scrub Oak trees / vegetation. The balance of the proposed landscaping improvements along the north, south, and west perimeters' will meet or exceed the landscape code. The City has two underground utility lines near the east property line of the project. One of the utility lines (sewer) is located within the proper 10-foot wide utility easement approximately five (5) feet to six (6) feet inside the property line. The second :10 foot wide utility line (water) is 1338 Staff Report Memorandum No. pZ 03-059 3 located 19 feet west (outside) of the utility easement for this pipe. The water main should be placed in a properly dedicated utility easement. The materials approved for the rear- landscaping buffer are shade trees noted as Mahogany (9 in total), and Black Olive (7 in total). The City Utility Department prohibits the planting of shade trees within a utility easement. This would require the subject landscaping to be installed farther inside the property line more than 20 feet from the east property line. This area is indicated as "open equipment display" on the approved site plan. ANALYSIS The requested appeal pertains to the required perimeter landscaping adjacent to abutting properties. Chapter 7.5 (Landscape Code), Article II, Section 5. E. Buffer Requirements states the following' "Perimeter landscaping relating to abutting properties. On the side of the building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a landscape barrier, preferably a hedge not less than four (4) feet nor greater than six (6) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the off-street parking area of other vehicular use area in a planting strip of not less than two and a half (2 1/2) feet in width. The provisions of this subsection shall not be applicable in the following situations: 1. When a property line abuts a dedicated alley. Where a proposed parking area or other vehicular use area abuts an existing hedge, said hedge may be used to satisfy the landscape requirements of this subsection provided that such existing hedge meets all applicable standards of this article. The applicant is requesting that the landscape barrier be omitted only in the above-described location. All other approved landscaping around the perimeter of the parcel will meet or exceed landscape code requirements. RECOM MEN DATIO N The impact of the omission of the perimeter trees and hedge plants that would normally be required along the eastern perimeter of the proposed open equipment display area at this location is minimal based on the 500 foot distance that separates the equipment display area and Interstate 95. A Lake Worth Drainage District right-of-way, FP & L utility easement and the Seaboard Coast Line Railroad are also located between the open equipment display area and Interstate 95. Alternatively stated, the intent of the buffer requirements in the City's regulations is met by the proximity of the rear of the project to the adjacent rights-of-ways, and the off-site vegetation, both of which minimize visibility to the rear of the property. Therefore, staff recommends that this request to omit the proposed trees, hedge plants and 1339 Jan E. Schmidt and Associates Landscape Architecture and Site Planning EXHIBIT "A" LETTER OF APPEAL Thursday, March 13, 2003 Mr. Michael Rumpf, Director of Planning and Zoning Planning and Zoning Division 100 E. Boynton Beach Blvd. P.O. Box 310 City of Boyn. ton Beach, Florida 33425-0310 Landscape Appeal Vermeer Southeast Sales and Service, Inc. Facilities At Boynton North Industrial Park Dear Mr. Rumpf: The nature of this landscape appeal is to eliminate the required hedge and tree buffer on the eastern property line of the proposed Vermeer warehouse facility at 1060 West Industrial Avenue currently under construction. The uses east of this property include: a new Tri-Rail track project currently under construction at an elevation 10' to 15' higher than the subject property grade and an existing CSX railroad track further up the embankment some 15' to 20' higher in elevation, and a berm with natural hedgerow of vegetation at additional elevation. These features virtually block the view from 1-95 corridor immediately to the east of the railroad. The existing berm includes a natural vegetation hedgerow barrier of native Scrub Oak, Live Oak, Silver Palmetto, Florida Myrtle and other plants block the entire site except the roofline of Vermeer facility some 600+ feet west of the Interstate. The requirement of a landscape buffer should not be considered an effective screen due to the major change in grade between the two uses and existing vegetative barrier currently in place. Special conditions existing on the subject site also support this appeal include: A 10' wide Utility Easement that was granted the City of Boynton Beach for the purpose of a 16" ductile iron sewer force main installed at approximately 5'-6' west of east line within the easement. In addition a 6" water main was installed 6'-7' west of the granted easement. As a result of the recently discovered 6" water line apparently installed outside the easement, on subject property, the Utilities Department is requesting an additional 14' easement further encumbering the east portion of the property. The Utilities department policy does not allow protruding root structure or canopies extending 1341 1 333 Southern Boulevard Suite 200 West Palm Beach. Florida 33405 [] Tel. (561~ 659-66911 Fra~ (~,1~/,F,O.,~,ol g.mr, ii. I~hmirqt'tFh~lil'ta r~tM. Staff Report Memorandum No, PZ 03-059 4 irrigation improvements along the site east perimeter be approved. Any conditions of approval recommended by the Planning and Development Board or approved by the City commission shall be included in Exhibit "F"- Conditions of Approval. SSPlanning\SHARED\WP~PROJECTS\Vermeer Southeast SalesXLAAP\Staff Report.doc 1340 EXHIBIT "A LETTER OF APPEg over any utility lines, thus the installation of trees over these existing pipes is prohibited, rendering the landscape code non-compliable. Enforcement of the existing landscape code would represent unfair hardship on the applicant as providing the hedge and tree line will not further the code's intent to buffer adjacent properties. In the event this appeal is granted it will be to mutual advantage of City of Boynton Beach Utilities and Vermeer Southeast Sales and Service, Inc. and will not adversely affect public interest. 1342 i~ab~ized Grade OPEN IPMENT DISPLAY Umltl of W LOT 8 LOT 7 "-Stabilized Grade --~ LOT 6 Z ob 0 0 m <~ 1343 EXHIBIT "B" REAR LANDSCAPE BUFFER Umlt~ of ~ Plant List I ]1 Sym Scientific\Common Name Ht. Spr. Remarks I II Q I I TOTA~ 3.0' DBH, CRAPE IdYR~I.E* 12' 6' .I~.NK FULL EVEN CANI U 15 I.AI~RS~OF. MIA INDICA ~. C.T. NO LO~ CROTC~ O TOT~J. 3. O' DBH, MC 5 WAXkiYRiCAMYR~e-t-C~C~,_E~A 12' 6° .~.NK FUII ~ CANi ~ C.T. NO LOW CROTC~ BLACK OU~" 12. l=~ ~0 BUCIDA BLJCI~RAS TRUNK FUll ~ CANI NO LOW CROTCH ~ OV ¢ UVE O~( +* 12' 5' ~ FUlL ~ ~ QUERCUS 5 C.T. NO LOW CROTC~ ~ BUTTONY~OO +', 12' 6' 'IRUNK FUU. ~ CANI CE 32 COHOCARRUS 6' C.T. NO InW CROIC~ Q &0' D~H. SItlGL~ 'i3-1 2 ~ PINKTAB~uIATABI~JHIAhf. ~t~(OI=HYt. I.A+* 12' 6' _-I~UNK FULL ~ 6 C.T. HO LOW CROTC~ ) HEIGH~ AS N0~D OH HE]GHT Di~I01~S Of. AR SI= 41 SABAL PAU, IETTO 8,-14. BOO .7~)_~ HURRICANE C~ U]N. 12 D.B.H. I,I 0 [ II Sym Key Qty. Scienfific\CommonName Hr. Spr. Remarks COCO Pt.UM +' 30' 24' FUU_ TO BASE ~ ~ 643 CHRYS08AL.ANUS ICACO MIN. 5 GALLON 24' 0, IXO 213 IXiO~X(~A 30' 24' MIN. = GALL0~I 24' 0. 'NORA -= 1344 Location Map Vermeer Southeast Sales EXHIBIT "C" BOYI~TON 500 0 I ~! I1~ ill ~0 1000 Feet 1345 EXHIBIT "D" ~-~.~ ~.?':'::,;~ APPROVED PLAN ~ ~ .... ~ __~ ..................................... ~_~__~ .................. ~, ~ = .... ~ ........................................ ~ ................ =__:_~_ ~ ~ ~ ................................................. W[S~ INDUSTRIAL AVE: ..................................................................... 'N~ ............................................... ~ ...... .~ ~......~ ............................. ~ ................. F...~.~i....~ ........... :.: ......... -~. ............ ~, ~,~ ,-~ ............ ~ :~--'- ............... ~'-~--'. ........ :: ......... :-..~ ...... x?::-. ~.:= ,: ::::.7:::= ::::::::::::::::::::::::::::::: ' " ....... ',J ..... ' ~ ~ ~' t ~ !:~ .... ~ ~ ' I ~:~ - ~ 1 It =~o~; ;~ ~ , ~ i '%~----'-- - ..... -,, _ e .¢"' ; '--~ ~ ~ :~ ,,~ SEABOARD COAST LINE (flOWC.5.X.) RAILROAD (AS PER R/W & TRACT MAP z 1346 1347 1348 1349 EXHIBIT "F" Conditions of Approval Project name: Vermeer Southeast Sales File number: LAAP 03-001 R~eference: lStReview ~lans with a March 14, 2003 Planning & Zoning department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS 1350 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:kPlanning\SHARED\WP~PROJECTS\Vermeer Southeast Sales\I_AAP\COA.doc 1351 J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS \COND. OF APPROVAL DuFour 04-24-01 .DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Vermeer Southeast Sales APPLICANT'S AGENT: Jon E. Schmidt- Jon E. Schmidt & Associates APPLICANT'S ADDRESS: 333 Southern Blvd. Suite 200 West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Request for relief from LDR Chapter 7.5, Article II, Section 5.E.-Buffer Requirements. LOCATION OF PROPERTY: 1060 W. Industrial Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT '.'B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing onthe Consent Agenda o.n the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. Ail further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Vermeer Southeast Sales\LAAP\DO.doc 1352 City Clerk VII. Director's Report Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1353 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 Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO TO: CRA Board FROM: Douglas Hutchinsor~ SUBJECT: Jim Nardi Contract 02/27/03 Attached you will find the Consultant Agreement for Real Estate Administrator Services Contract submitted by Lindsey Payne along with Attachments A, B, and C for your review for the April 8th meeting. Lindsey Payne has also stated that you can not expand the scope services beyond the original contract. Please note that we do not have to use all of the services. Attached you will also find the explanations for the billing for the CRA Task Authorization No. 2-"Property Acquisition" invoice from The Urban Group. The estimating form establishes a price of $4,250.00 per property with includes: five tasks per property · hours of labor required to complete each task · a price per worker per hour. The $4,250.00 per property was then divided into 5 equal billings of $850.00 as the task was completed. Details of work preformed within each task and on each property are also included. Also note that Jim Nardi included his administrative hours to show his extra work on this project. These were not billed to the CRA. XHIBIT A CONSULTANT AGREEMENT FOR REAL ESTATE ADMINISTRATOR SERVICES THIS CONSULTANT AGREEMENT, ("Agreement") is entered into by and between the City of Boynton Beach, a Florida municipal corporation, hereinafter referred to as "City", and THE URBAN GROUP, INC., a Florida corporation, hereinafter referred to as "Consultant", and in consideration of the mutual benefits, terms, and conditions hereinafter specified, the parties agree as follows: SCOPE OF SERVICES. Consultant agrees to perform the services identified in the Request for Qualifications RFQ No. 075-2413-01/KR, which is on file in the City Clerk's Office, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services in a timely manner as directed by the City, and provide all work product required pursuant to this Agreement. 3. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: ao Payment for the work provided by Consultant for each individual project shall be made as provided on the rate scheduled attached hereto as Exhibit "A", provided that the total amount of payment to Consultant for one project shall not exceed Ten Thousand and 00/100 dollars ($10,000.00) without City Commission approval. bo The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. do Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. eo The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made Page 1 of 5 DNT:dnt CSDocuments and Sett/n~s\v/elhanem o is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant further agrees to indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, at the trial and appellate level, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Page 2 of 5 DNT:dnt C:\Documents and Settinr, s\vielhauers.000kLocal Settin~s\Temvorarv Intemet Files\OT,K3C\The T lrhan C',rcmn C'cmenltant A c.,roornor~t rlt~t, 10. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERM. This Agreement shall commence on the date of execution of the Agreement by the last party to execute this Agreement and mn for an initial one (1) year tenn. This Agreement may be renewed upon the mutual consent of the parties for two (2) additional one (1) year terms. Any agreement to extend the Agreement shall only be effective if placed in writing and executed by both parties. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Palm Beach County, Florida. 16. NOTICES. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: City Manager FOR CONSULTANT: The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, FL 33316 Attn: Howard W. Steinholz, President Page 3 of 5 DNT:dnt C:kDocuments and Settings\vielhauers.000kLocal Settings\Temporary Internet Files\OLK3C\The Urban Grouo Consultant Am'eement.dc~. 17. 18. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City and Consultant. PRIOR AGREEMENTS. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 17 above. 19. INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 20. MULTIPLE ORIGINALS. This Agreement may be executed in three (3) copies, each of which shall be deemed to be an original. IN WITNESS WltEREOF, the parties hereto have made and executed this Agreement, THE CITY OF BOYNTON BEACH through its City Commissioners, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action on day of , 2001, and THE URBAN GROUP, INC., signing by and through its representative authorized to execute same. CITY OF BOYNTON BEACH THEURBANGROUP, INC. Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Page 4 of 5 DNT:dnt C:',Documents and Settings\vielhauers.000kLocal Settings\Temporary Internct Files\OLIGC\The Urban Grour~ Consultant Am'ecment.doc Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary STATE OF FLORIDA ) ) SSi COUNTY OF ) ON THIS __ day of ., 2001 before me, the undersigned notary public, personally appeared , personally known to me, or who has produced as identification, and is the person who subscribed to the foregoing instrument and who acknowledged that (s)he executed the same on behalf of said Corporation and that (s)he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: Print or Type Name Page 5 of 5 DNT:dnt C:kDocuments and Settings\vielhauers.000XLocal Settings\Temporary Internet Files\OLK3C\The Urban Grouv Consultant A~reement.doc ~AR-27-03 12= 11 The Urban Group, 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 JOB CLASSIFICATION RATES 2/2 Job Classifigation Real ~te Adminislrator Real Estate Services Acquisition Administrator Sr. Real Estate Ag~t Right of Way Agent Relocation.,Se~d.'c .~s Relocetkm Administmb:~' Sr. R~loGalJon ~ Property Management Administrator Sr. Property Management Speciatist Property Idamgement Speda;ist Brokerage Services CIo~ing Facilitator Reasearch Coordinator Re~l E. slam,~Jyst Admim, b ativ® ,~-vices Accx)untant Aooounting Clerk Secretarial I Cleric;al Information Technology Services System Engineer Computer Technician Data P~ 2~1 2~02 2003 2004 Rates Rates Rat~ Rates 1~'~.~4 126.63 130.43 134.34 108.48 111.73 115,09 118.54 94.02 96.84 99.74 102.73 88.23 90.88 93.6O 96.41 108.48 111.73 115.09 118.54 82.44 84,92 . 87.47 90.08 ?'521 77.47 79.79 82.19 108.48 111.73 115.09 118-,54 86.78 89.39 92,07 94.83 79.55 81.94- 84.40 86.93 65.09 67.04 69.05 71.12 57.86 59.59 61.38 50.62 52.14 53.71 55.32 43.39 44.69 46.03 47.42 65.09 67,04 69.05 7't.12 47.01 48.42 49.87 51.37 39.05 40_22 4'1.43 42.67 115.71 119.18 122.76 126,44 86,78 89.39 92.07 94.83 36,16 37.24 38.36 39.51 Page 1 Revised 10/10/01 XHIBIT B Boynton Beach Procurement Services I00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: ($6D 742-6306 REQUEST FOR QUALIFICATIONS REAL ESTATE ADMINISTRATOR FOR THE CITY OF BOYNTON BEACH, FLORIDA RFQ # 075-2413-01/KR Sealed responses will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: July 19, 2001, No Later Than 2:30 P.M. (Local Time). RFQ Submittals will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherxvise designated All responses received will be publicly opened and read aloud. Responses received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that a response can be considered. The City reserves the right to consider responses that have been determined by the City to be received late due to mishandling by the City after receipt of the response and no award has been made. A Pre-Submittal Conference is scheduled for June 28, 2001 at 2:00 p. m. (local time), to be held in City_ Hall West Wing, Conference Room "C', 100 E. Boynton Beach Boulevard, Boynton Beach, Florida. Attendance is highly recommended and proof of attendance will be indicated by the Qualifier's signature or their appointee on the attendance sheet provided at the Pre-Submittal Conference. Any questions relative to any item(s) or portion of this RFQ should be directed to Karen Riseley, Buyer (561) 742-6322. America's Gate~ea~v to the Gulfstream The following language is made a part of and is to be included in the specifications hereto attached: Acceptance of any response is expressly conditioned upon the contractor (or vendor if applicable) and subcontractor(s) accepting all conditions of the specifications, including responsibility for and complying in full with the duties of an employer under Sections 6, 7, 8, and 10 of the Florida Right To Know Law, Florida Statute Section 442.106, 107, 108, 109, 115, 116, and 118 for his employees at the work site. The subcontractor(s) agrees to protect and indemnify the contractor from and against any and all liability that may arise from the subcontractor(s) failure to comply with any duty or portion of a duty of an employer. The parties hereby stipulate that, as between them, the foregoing matters and material are important and that any breach of the terms of this provision is a material breach of this agreement. SCOPE OF SERVICES: The City of Boynton Beach is seeking the services of a qualified Real Estate Administrator to coordinate the acquisition and disposition of real estate interests for the City and to manage existing City properties. ATTENTION ALL INTERESTED QUALIFIERS: Due to the expense in mailing, complete sets of Specifications are available for pick-up or will be mailed to your office upon request. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (561) 742-6322 - Karen Riseley Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M. The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561} 742-6306 REQUEST FOR QUALIFICATIONS REAL ESTATE ADMINISTRATOR FOR THE CITY OF BOYNTON BEACH, FLORIDA RFQ #075-2413-01/KR Section 1 - Submittal Information A. The City of Boynton Beach will receive RFQ responses until JULY 19, 2001, at 2:30 P.M. (local time) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with professional services for Real Estate Administration related to the Cit3/'s Engineering Department operations. Any responses received a~er the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFQ response delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. RFQ responses which arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the response and prior to the award being made. These responses will be publicly opened and read aloud in Procurement Services after the designated due dat~, on'-~y 19, 2001, at 2:30 P.M. (local time). All qualifiers or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard. Go A pre-submittal conference will be held on JUNE 28, 2001 at 2:00 P.M. (local time) at Boynton Beach City Hall, 100 E. Boynton Beach Boulevard in the West Wing, Conference Room "C", to answer questions pertaining to this Request for Qualifications. All qualifiers are highly recommended to attend this conference, as no additional information will be given over the phone and no additional meetings will be scheduled with qualifiers to discuss the project. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum(s) are issued to this Request for Qualifications, the City will attempt to notify all prospective qualifiers who have secured same, however, it shall be the resp0nsibili _ty of each qualifier, prior to submitting the RFO response, to contact the City Procurement Services at (561) 742- 6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their RFQ response. One (1) original, so marked, and twelve (12~ copies of the RFQ response shall be submitted in one sealed package clearly marked on the outside "RFO FOR REAL ESTATE ADMINISTRATOR", and addressed to: City of Boynton Beach, Procurement Services, P.O. Box 31_Q; Bgynton Beach, FL 33425-0310. Responses shall clearly indicate the legal name, addre,s and telephone number of the qualifier (firm, corporation, partnership or individual). Responses shall be simaed above the typed or printed name and title of the signer. The signer shall have the authority to bind the qualifier to the submitted response. Qualifiers must note their Federal I.D. number on their RFQ submittal. All expenses for making RFQ responses to the City are to be borne by the qualifier. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Qualifications for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and the contract price will be negotiated following selection of the top firm(s). The scope of services will closely track the scope of work detailed in Section 2 of this Request for Qualifications. Section 2 - Scope of Work REAL ESTATE ADMINISTRATOR Background: The purpose of this work is to coordinate the acquisition and disposition of real estate interests for the City of Boynton Beach and to manage the existing City properties. 2 Scope of Services: The individual/firm selected will provide guidance and problem resolution to other City staff in the negotiation of property acquisitions, leases, or other real estate transactions. In addition, contracted services will include arranging for the engagement of other professional services, such as environmental consultants, appraisers, surveyors, and title attorneys for real property transactions. The selected individual/firm will negotiate and consummate real estate transactions with property owners for sale of property for utility easements, fights-of-way, and fee simple property rights acquired for parks, streets, building sites, or other City uses. The individual/firm selected will be responsible for preparing studies, analyses, legal descriptions, and reports relating to property acquisition; will perform research, compile data, conduct market-based analysis, identify trends, and make recommendations and reports on all real estate opportunities for the City. The individual/firm selected will be responsible for citywide space planning; will coordinate the management of existing City properties; review balance sheets, management fees, leases and custodial fees relating to city-managed properties. The individual/finn selected will be responsible for maintaining the City's Landfile (residing on the City's server), including parcel management, property control numbers and assignment o_f addresses; and the individual/firm will input new address data received from plats approved by the City's Engineering Department and Palm Beach County. The individual/firm will also be responsible for coordinating periodic file updates with the Palm Beach County Property Appraiser's office and the City's Information Technology Services Department (GIS Division). Section 3 - General Information and Selection Criteria The RFQ response should be designed to portray to the City how the qualifier's range of services can best assist with REAL ESTATE ADMINISTRATION. In order to evaluate the capabilities of all individuals and firms, each RFQ response shall include, at a minimtnn, the following information: 1. Experience of the individual/firm with similar projects. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. The RFQ response shall include: a) The names and positions of each professional to be assigned to this project, including familiarity with projects of a similar nature. b) Resumes of academic training and employment in the applicable fields. Co c) Evidence of possession of required licenses or business permits. o d) Evidence of any previous experience in projects of'a similar nature-provide contact names and phone numbers along with project names and appropriate agency contacts. Reference listing, including contact names and phone numbers. 4. A list of all lawsuits in which the individual/firm has been named as a party in the past two (2) years. PURSUANT. TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS COMPETITIVE NEGOTIATIONS ACT" 1. The City will provide an interview panel which will review all RFQ responses, formally interview eligible and top ranking qualifiers and recommend the top individuals/firms. o These recommended finalists will be presented to the City Commission who may, at their option, request formal presentations prior to the final selection of a consultant for this project. o The City is not requesting or considering accepting RFQ submittals for compensation to be paid under this contract until Competitive Negotiations are approved by the Boynton Beach City Commission. This process will begin once the City Commission has selected, in order of preference, the responsible, responsive individual/fn'm deemed to be the most highly qualified to perform the required services. Staff and Company reviews will be conducted pursuant to the provisions of the Sunshine Law and F.S. 287.055, known as the "Consultants Competitive Negotiations Act". The following items are attached with the RFQ in Appendix A and must be completed and submitted with any RFQ response in order to have a valid submittal. They are: 1. Qualifier's Acknowledgement 2. Addendum(s) 3. Statement of Qualifier's Qualifications 4. Anti-Kickback Affidavit 5. Non-collusion Affidavit of Prime Qualifier 6. Minority Owned Business Statement 7. Confirmation of a Drug Free Workplace 8. Statement of No Submittal (if applicable) After ranking is completed, the City will negotiate an agreement substantially based on the attached contract found in Appendix B and the final scope of services to be developed from this Request for Qualifications. The City reserves the fight to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract will be formalized by the City Attorney and submitted to the City Commission for their consideration. Each entity, by submission of an RFQ response, acknowledges that in the event of any legal action challenging the award of the project, damages, if any, shall be limited to the actual cost of the preparation of the RFQ submittal. Each respondent is deemed to have knowledge of all applicable federal, state and local laws, roles, ordinances and regulations of all authorities having jurisdiction over all aspects of the project. GENERAL CONDITIONS FOR QUALIFIERS FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the services. Ignorance on the part of the qualifier will in no .way relieve them from responsibility. RFQ FORMS:. The qualifier will submit a response on the forms provided. All descriptive information must be legibly entered. The qualifier IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All RFQ forms must be executed and submitted in the envelope (generally "yellow") provided by the City for easy identification. The RFQ submittal envelope is provided in each RFQ submittal package and is attached to the "Statement of No Submittal" form. The face of the envelope shall contain the company's name and address, RFQ title, number, RFQ date and time. When the response submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the RFQ envelope to the outside and fill in all requested information. Responses not submitted on attached RFQ forms may be rejected. All submittals are subject to the conditions specified herein. Those that do not comply with these conditions are subject to rejection. EXECUTION OF RFO: Submittals must contain a manual signature of an authorized representative in the space provided on all affidavits and RFQ forms. _ NO SUBMITTAL: If not responding with a submittal, reply by returning one copy of the "STATEMENT OF NO SUBMITTAL" in the envelope provided (generally "yellow'), and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to respond without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, qualifier must submit a "NO SUBMITTAL" and it must be received no later than the receiving date and hour stated in the RFQ. RFq) OPENING:. Shall be public, on the date as specified on the RFQ form. It is the qualifier's responsibility to assure that the submittal is delivered at the proper time and place prior to the opening date and time stated in the RFQ. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a submittal can be considered. RFQ submittals that for any reason are not so delivered, will not be considered. The City reserves the fight to consider submittals that have been determined by the City to be received late due to mishandling by the City after receipt of the submittal and no award has been made. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT R_FO: Right is reserved to reject any or all submittals and to waive technical errors, or to accept any submittals that are in part deemed as the best responsible qualifier which represents the most advantageous response to the City. In determining the "most advantageous response", price, quantifiable factors, and other factors are considered. EVALUATION FACTORS: The City expressly reserves the right to: A. Waive any defect, irregularity or informality in any submittal or qualifying procedure; B. Reject or cancel any or all submittals; C. Reissue Request For Qualifications Invitation; D. Extend the RFQ response opening time and date; E. Consider and accept an alternate submittal as provided herein when most advantageous to the City. ~ Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: Ao Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capabihty to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATI,IRE: Qualifiers must furnish all information requested in the spaces provided on the RFQ forms. As may be specified elsewhere, each qualifier must submit descriptive literature and technical specifications covering services offered for evaluation. Reference to literature submitted with a previous response or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the submittal opening. Inquiries must reference the date by which the submittal is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the fight to accept or reject any or all submittals wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the submittal of any qualifier if the submittal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all fights in order to make a determination as to the foregoing. '. ADDENDA: From time to time, the City may issue an addendum to change the intent .or to clarify the meaning of the Contract documents. Since all addenda are available to qualifiers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting a response. It is the usual practice for the City to mail an addendum to known qualifiers, but it cannot be guaranteed that all qualifiers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFQ form. ESCALATOR CLAUSE: Any response submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in a response of exceptions to any portion(s), of the Contract documents may invalidate the submittal. Exceptions to the Technical and Special' Provisions shall be clearly and specifically noted in the qualifier's response on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet 'shall be attached to the submittal. The use of qualifier's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a response to the City of Boynton Beach, the respondent offers and agrees that if the submittal is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may 'be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Request for Qualifications Invitations as defined by Section 287.012(11), Florida Statutes, Requests for Qualifications as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response on a contract or provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit a response on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". ADVERTISING: In submitting a response, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". _ ASSIGNMENT: Any Purchase Order issued pursuant to this RFQ invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The supplier hold and save the City of Boynton Beach, Florida its officers, agents, volunteers and employees harmless from liability of any kind in the performance of this Contract. PI4"RCHASINO AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This RFQ submittal may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All qualifiers submitting a response to this Request for Qualifications Invitation agree that such response also constitutes a response to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same price(s) and the same effective period as this RFQ submittal. This agreement in no way restricts or interferes with the fight of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re-qualify any or all items. It is hereby made a part of this Request for Qualifications Invitation that any response in regard to this advertised request constitutes a submittal made under the same conditions, for the same Contract price, and for the same effective period as this RFQ, to the PALM BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: The low monetary response will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the best responsible qualifier whose submittal represents the most advantageous response to the City, price and other factors considered. Evaluation of submittals will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all submittals and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual submittals preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. City Permit Fees relating to City projects are waived. Licenses and permits shall be readily available for review by the Deputy Director of Financial Services and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this submittal meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. .Q_.I,~,,i,S_T_[_O_~2 Any questions relative to any item(s) or portion of this Request for Qualifications or Request for Qualifications Invitation should be directed to: Dale Sugerman, Assistant City_ ~ ?42-6456. 10 SPECIAL CONDITIONS FOR QUALIFIERS 1. It will be the responsibility of the successful qualifier to supply necessary labor for completion of all projects as specified. 2. Award is anticipated on an all-or-none basis; however, where applicable, item by item offers will be considered and the best combination will determine the award. o o The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items akeady delivered plus reasonable costs of supply actions short of delivery. It shall be the responsibility of the successful qualifier to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. L0~S bY fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. The City of Boynton Beach reserves the fight, before awarding the Contract to require a qualifier to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a qualifier, including past performance (experience) with the City in making the award in the best interest of the City. The successful qualifier shall at all times guard fi:om damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful qualifier or his agent. 11 City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Imurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to liability." Insurance companies providing insurance coverages rnust have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An inzurance contract or binder may be accepted a~ proof of insurance if Certificate i~ provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability Commercial General Liability Owners & Conwactor's Proc Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Ol~ra~ions Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Builder's Risk (Limits based on Project Cost) General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $ 50,000.00 $ 5,000.00 Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,000.00 Garage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $1,000,000.00 $ 100,000.00 $1,000,000.00 $1,000,000.00 Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 to be determined Other - As Risk Identified INSURANCEADVISORYFORM03 Revised 01/2000 THE DOCUMENTS' . BEHIND THIS PA GE- QUALIFIER ACKNOWLEDGEMENT Submit RFQ's To: Mailing Date (City): RFQ Title: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 June 13, 2001 REAL ESTATE ADMINISTRATOR FOR THE CITY OF BOYNTON BEACH, FLORIDA RFQ Number: 075-2413-01/KR RFQ Received By: JULY 19, 2001, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFQ submittals will be opened in Procurement Services unless specified otherwise. The receiving_date and time for RFQ responses is scheduled for: JULY 19, 2001, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Mailing Address: City/State/Zip: Vendor Mailing Date: Telephone Number: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 12 RFQ TITLE: QUALIFIER: ADDENDA CITY OF BOYNTON BEACH FLORIDA REAL ESTATE ADMINISTRATOR DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: (Name of Project Manager/Architect/Consultafit) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. '~ This data must be included in and made part of each submittal document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information Name of Qualifier: Business Address: o When Organized: Where Incorporated: How many years have you been engaged in business under the present firm name? General character of work performed by your company. 8. 9. 10. Number of employees. Background and experience of principal members of your personnel, including officers. * Bonding capacity. Have you ever defaulted on a contract? If so, where and why?* TI-HS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE 14 STATEMENT OF QUALIFICATIONS continued ...... 11. Project Experience in performance of work similar in importance to this project. $ Value Contact Name Phone # 12. 13. Contracts on hand. * Largest completed projects (include final cost). 1) 2) 3) 14. List all lawsuits (related to similar projects) to which you have been a party and which: * 1) 2) 3) arose from performance: * occurred within the last 4 years: * provide case number and style: * Dated at: this day of 20 By: Name: (written signature) Title: (primed or typed) THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE 15 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ) : SS ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of ,20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER State of ) County of ) , being first duly sworn, deposes and says that: 1) He is of 2) 3) 4) 5) (Title) has submitted the attached response: (Name of Corporation or Firm) ., the qualifier that He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Said submittal is genuine and is not a collusive or sham submittal; Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham submittal in connection with the Contract for which the attached response has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached submittal or of any other qualifier, or to fix any overhead, profit or cost element of the submittal price' or the submittal price of any other qualifier, or to secure through any collusion, conspiracy, comvance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This __ day of My commission expires ,20 (Signed). (Title). THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 CONFIRMATION OF MiNORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please,fill out and indicate in the apPropriate spaces provided which category best describes your company. Return this form with your submittal sheet making it an official part of your RFQ response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 18 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violations. _ 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 t STATEMENT OF NO SUBMITTAL If you are not responding with a submittal for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified vendor's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ #075-2413-01/KR for REAL ESTATE ADMINISTRATOR because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) IF YOU ARE NOT SUBMITTING A RESPONSE FOR THIS PROJECT, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES 21 SAMPLE CONSULTANT AGREEMENT FORM REAL ESTATE ADMINISTRATOR SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and , hereinafter referred to as "the Consultant", in consideration of the ~mutual benefits, terms,.and conditions hereinafteri~peeified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to pei'form services in connection with the project designated SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by fi:om the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total mount of payment to Consultant shall not exceed $ without express written modification of the agreement signed by the City. bo The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Co Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. do Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 o 10. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or 'contingent fee. CA-2 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the Work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services ,c. overed by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any' time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do ' so by theCity. This se-~tion shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Notices to Consultant shall be sent to the following address: CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this ~ day of ., 20 CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary 1/22/91 CA-4 EXHIBIT "A" SCOPE OF WORK The purpose of this work is to coordinate the acquisition and disposition of real estate interests for the City of Boynton Beach and to manage the existing City properties. The individual/firm selected will provide guidance and problem resolution to other City staff in the negotiation of property acquisitions, leases, or other real estate transactions. In addition, contracted services will include arranging for the engagement of other professional services, such as environmental consultants, appraisers, surveyors, and title attorneys for real property transactions. The selected individual/firm will negotiate and consummate real estate transactions with property owners for sale of property for utility easements, fights-of-way, and fee simple property rights acquired for parks, streets, building sites, or other City uses. The individual/firm selected will be responsible for preparing studies, analyses, legal descriptions, and reports relating to property acquisition; will perform research, compile data, conduct market-based analysis, identify trends, and make recommendations and reports on all real estate oppommities for the City. The individual/firm selected will be responsible for citywide space planning; will coordinate the management of existing City properties; renew balance sheets, management fees, leases and custodial fees relating to city-managed properties. The individual/firm selected will be responsible for maintaining the City's Landfile (residing on the City's server), including parcel management, property control numbers and assignment of addresses; the individual/firm will input new address data received fi.om plats approved by the City's Engineering Department and Palm Beach County. The individual/firm will also be responsible for coordinating periodic file updates with the Palm Beach County Property Appraiser's office and the City's Information Technology Services Department (GIS Division). CA-1 XHIBIT C REAL ESTATE ADMINISTRATOR i'ORTIE CITT Of BOT#rON BEACll RF(~ NO. 075-2413-01/KR Broward Omce 1424 South Andrews Avenue Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 Palm Beach omce 6801 Lake Worth 'Road Suite 306 Lake Worth, Flodda 33467 (561) 965-7922 ~we Do What We Say" Submitted .luly 19, 2001 Acquisition and Relocation Services · Housing and Community Development · Real Estate Asset Management ESTATE ADMINISTRATOR FOIl THE CITY OF BOYHTOH BEACH RFQ NO. 075-2413-01/KR PROPOSAL SUBMITTED BY THE URBAN GR 0 UP, INC TELEPHONE 1-888-522-6226 FACSIMILE # 1-954-522-6422 E-MAIL-urbanmastcr~theurbangroup.com Federal Employer I.D # 59-2442945 THE URBAN GROUP, INC. is in agreement with all terms, conditions and provisions included in the solicitation and is in agreement to furnish any or all items. Authorized Negotiator and Authorized Signatory Howard W. Steinholz, (888)-522-6226, Ext. 112 E-mail: hsteinholz~theurbangroup.com. This proposal includes data that shall not be disclosed outside the Government (City of Boynton Beach) and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with--the submission of this data, the Government shall have'the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in these Proposal sheets. 3uly 19, 2001 City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Subject: Statement of Qualifications-Real Estate Administrator RFQ # 075-2413-01/KR In response to the above Request For Qualifications (RFQ) to provide Real Estate Administration Services, The Urban Group~ Inc. (TUG) is please to submit to the City of BoyntOn Beach, tWelve (12) copies of its offer to service the described project. This letter, and accompanying Statements of Qualification with supplemental information, will describe our firm's qualifications and experience, dedicated staff, and gives references and contacts. It will also define our proposed Technical Approach and Methodology to perform the services outlined in the Scope of Work. The Urban Group, Inc., a Florida corpora_ti'_0n, was established in 1984 and is licensed by the Florida Real Estate Commission as a Real Estate Broker. TUG has offices in Palm Beach-and Broward Counties, in Lake Worth, Riviera Beach, and Fort Lauderdale. This project will be operated from our Palm Beach County office in Lake Worth. TUG is an associate member of the Greater West Palm Beach and Fort Lauderdale Board of Realtors, and has access to the Multiple Usting Services (HI_S), and First American Real Estate Solutions Property Data Computer Services. TUG specializes in providing real estate related services to local, state and federal governmental agencies, non-profit corporations, and pdvate sector clients involved in government funded voluntary public purpose and necessary property acquisition, and eminent domain projects. TUG is presently a Right- of- Way consultant for the Florida Department of Transportation (FDOT), and real estate acquisition agent for the Town of Lauderdale-By-The-Sea. TUG is administering four (4) real estate projects for FDOT in South Florida with a range of services much like that proposed in this Real Estate Administrator RFQ, including: negotiations, property management, leasing, database interface, accounting, subcontractor management and coordination, and appraisal review. Staff who will be working on this project are experienced in all aspects of real estate related services, and they are familiar with working in governmental sector projects that require high levels of responsiveness, coordination, accountability. To lead the Real Estate Administration Services TEAM, we propose four (4) staff persons who are very experienced in both voluntary and involuntary (Condemnation) authorized government real estate Projects. It is their project management skills that will assure accountability and responsiveness to City of Boynton Beach The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 ° FAX 9~-5=-6~= City of Boynton Beach ~uly 19~ 2001 staff responsible for project oversight. Other Real Estate Specialists will support these managers. Proposed staff has over 192 years of combined related experience. ,. As the firm's Corporate Director and Broker, ! will be assigned as the contract's Single Point of Contact for further discussions and all contract issues. ! can be reached at (954) 522-6226, ext. 11_2: The Urban Group, ]:nc. :[424 S. Andrews Ave., Suite 200, Fort Lauderdale, Florida 3331.6. My E-mail address is hsteinholz@theurbangrouD.com. We appreciate your consideration of The Urban Group, ]:nc. and we look forward to presenting you with a "Best Value to the City" fee for service. Yours truly, THE URBAN GROUP~ [NC. President/CEO Accompanying Documents Cc: .lim Nardi, Vice President, TUG Bruce Bradley, SR/WA, Right of Way Manager, TUG. tTheUrban Group THE URBAN GROUP, TNC. Statement of ( ualifications Real Estate Administrator CZTY OF BOYNTON BEACH RFQ # 075-2413-01/KR PROFZLE AND QUALI'FTCAT1'ONS Real Property Support And Advisory Services Established in 1984, and based in South Florida, The Urban Group ]:nc. (TUG) has worked on real estate service s related projects throughout Florida. TUG has 32 full-time staff thirteen (13) of whom are licensed by the Florida Real Estate Commission to perform real estate related services under Florida Statures F.S. 473. Requiring State CertificaUons and meeting State educaUonal standards, The Urban Group Inc. is administratively and technically pre-qualified by the State of Florida to perform Right of Way services for the Department of Transportation in Major Work Groups 20.1 (Appraisal), 21.0 (Acquisition, Negotiations, Closing and Order of Taking), 2a,.O (Acquisition Relocation Assistance), and 25.0 (Property Hanagement~ Clearing and Leasing), The firm has a Certified Overhead Audit approved annually by the Professional Services Division of FDOT in order to qualify for State Right -of-Way work groups. Tn this Statement of Qualifications, we present The Urban Group Tnc.'s portfolio of Real Estate related advisory support services, and professional staff who would work on the project: A Core TEAM will has been assembled to lead the Real Estate Administration Services efforts. We propose six (6) key staff persons, (Howard Steinholz, 3im Nardi, Kevin Liston, Brian Gorham, 3oe Miller, ASA and Rosemary Monaco), who are very experienced in all aspects of real estate negotiaUons, property management, information management, and project management. These core team members are familiar with voluntary public purpose acquisition and involuntary (COndemnation) authorized government real estate projects. Our appraisal, asbestos and environmental experience will assist in both residential and business/commercial Acquisitions and Disposal Services and Property Management. (Key staff experience, and their professional profiles are included with this submission). It is their project management skills that will assure the responsiveness to City of Boynton Beach staff responsible for oversight of the consultant. Our staff is experience in both voluntary and involuntary (Condemnation) authorized government real estate Projects, much TUG of which is directed by the strict standards and procedures governed by the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) of 1970. Other real experienced real estate Specialists will support them. Managers and staff have designations as Senior Right of Way Agents (SR/WA) by the Tnternational Right of Way Association (TRWA), the national association certifying Right- of - Way, and URA training and experience. Core team members have managed several Right of Way and government real restate projects within the State of Florida. This core staff has over 98-combined years of related real estate experience. A good portion of our real estate consulting services has been governed by the exacting · eminent domain policies of the Florida Department of Transportation (FDOT). Furthermore, you will see from our client list, we have worked using these same federal standards for faith organizations, (Catholic Diocese of Palm Beach), non-profit Community Development Corporations (NOAH, :[nc. Palm Beach County), community organizations (Urban League of Greater Miami), government service agencies (Broward County Housing Authority, Broward County Area Agency on Aging). Included in this I~FQ is; OuUines of the ~rm's Past Experience with other Real Estate (Projec~ and References ~. Summary Of Related Real Estate Experience Similar To This Project Whether it is voluntary or involuntary real property acquisition, TUG personnel are familiar with negotiating contracts to purchase properties for public purpose or public necessity projects. Staff also knows the procedures to manage, sell and Dispose of government owned real estate (REO). TUG has been the acquisition consultant to the FDOT on eleven (11) Right- of -Way contracts, and on several local option voluntary acquisiUon projects. The scope of work in these projects include: negotiating purchase contracts, leasing surplus property, sale of excess property, property management, preservation and protection of acquired properties, demolition and clearing, closing and settlements of acquired properties, As the Real Estate Acquisition Agent for the Town of Lauderdale-By-The-Sea, TUG seeks to negotiate the voluntary acquisition of land for public purposes in a "willing seller program". Acting in fiduciary as a Buyers Agent, once the Town identifies a property, a TUG Real Estate Specialist will seek to discover the interest level of the property owner to sell their properties, before disclosing whom the buying client is. Offers are made to property owners based on the independent appraised value. With the initiation of contract negotiations, TUG will seek to negotiate the purchase of the property. :[f there is an impasse, alternate solutions are sought in conjunction with the Town Administrator and Town Attorney. For the Broward County Aviation Department (BCAD), TUG was the Project Manager for the County's Federally funded $127 million dollar Land Acquisition Program. There, TUG prepared Lease- back contracts on property acquired in the project. Purchasing several contaminated properties presented a challenge in the acquisition and negotiation process. TUG coordinated TUG the environmental studies and contaminated waste removal with County, State and Federal agencies. TUG collected over $1 million dollars in rent during the five (5) year contract term. Collected rent was deposited into a jointly held bank account, from which project operating expenses were paid. Excess funds were "swept-up" into the County's general fund account. The firm negotiated the purchase of 102 parcels for St. Lucie CountY in a voluntary land acquisition project at the St. Lucie County International Airport. Because Federal funding was involved, TUG was required to perform acquisition and relocation services under the procedures governed by the Federal Uniformed Relocation Assistance and Real Property Acquisition Policies ACt (URA) of 1970. The Two (2) year project was completed early with 94% voluntary settlement rate. The Urban Group's experience in URA policies and procedures would benefit the City, especially, if funds for citywide redevelopment and Capital Improvement Projects (CIP) were to come from federal government resources, which may trigger UPA compliance. TUG is the exclusive sales agency for real estate acquired through forfeiture for the United States Marshals Service. The contract scope of work involves disposal and property management of real estate throughout Florida. While government real estate assets are usually sold through brokered sales, they quite olten are offered through auction, and sealed bid. Prior to receiving Property Disposal Task Orders, TUG manages the properties, which include unimproved and improved land, commercial, residential single-family and multifa_mily, industrial, agricultural, and environmentally sensitive properties. All Legal Notices or other "Notice to the Public" advertisements are prepared by TUG. in this contract, TUG performs as a "Title and Closing Facilitator", managing closing agents, reviewing title, clearing title issues and liens. As a result of knowledge attained during the acquisition process and from perspectives gained during real estate negotiations, all TUG real estate agents review closing statements and attend closings. !n recent public sale of loans, the U.S. Small Business Administration (SBA) needed appraisals of real estate that collateralized SBA loans over $500,000. As part of the due diligence process for loan sales # 2 and #3, TUG completed 94 appraisals, over a period of five (5) months, in Florida, Georgia, South Carolina and North Carolina. TUG met SBA compressed delivery dates. While TUG primarily works for public sector clients, we also service non-profit corporations receiving public funds. TUG has provided a myriad of real estate related services that have served to compliment governmentally funded housing, community development and right-of- way efforts; and we do it by providing the very highest level of quality assurance and control. Tn relationship to the City of Boynton Beach, and in particular to this project, we also have experience and qualified staff to review appraisals, and Phase ! Environmental Studies, and closing facilitators to review title and do closing research. Furthermore, As Housing and Community Redevelopment consultants, TUG brings a clear understanding and perspective of local real estate markets and can research data, prepare feasibility studies and analyze real estate. TUG Property Management TUG property management activities have ranged from demolition supervisory services, to inventorying surplus property, to leasing and rent collection. At the Land Acquisition Program for the Broward County Aviation Department, TUG managed four (4) mobile home parks acquired through condemnation. Alter acquiring their mobile homes, prior owners became tenants and paid rent for the mobile home lot. In an all out effort to prevent "condemnation blight" from deteriorating surrounding homes, TUG maintenance personnel preserved and protected all homes purchased by the County during the project. This inhibited vandalism and curtailed dumping. Alter supervising demolition activities, TUG continued to maintain vacant lands, a portion of which was made into a linear park weaving along the north bank of the Davie Cutoff Canal. All property owners had the option of leasing back their property until replacement housing was secured, or they relocated. TUG prepared all residential leases, while the County Attorney's office prepared commercial leases. Evictions were initiated by TUG. Rents collected from tenants in this project was placed in the County's General Fund and used to offset bond and federal funds used in the project. TUG was the Real Estate Asset Manager (REAM) contractor for the U.S Department of_HUD real estate owned (REO). For HUD, TUG was the Real Property Asset Manager of FHA foreclosures in Miami-Dade, and Broward Counties. Services included: Property Protection and Preservation. Responsible to prepare appraisals of all FHA foreclosed property acquired and conveyed into inventory. Manage custody held properties. Prepared Comparable Market Analysis used by HUD GTR to establish listing prices of HUD homes for sale. Keeping properties in appealing and Ready to Show condition. Developing linkage to real estate industry. Subcontract coordination for debds removal, grounds care, and roof inspections. Code violation appeal representation. Title and Closing Facilitation Kevin Liston will be assigned as the project's Title and Closing Facilitator. As the Project Manager for the United States Marshals Service (USMS) Forfeited Real Estate Asset Disposal and Management contract, he works closely with U.S. attorneys, closing agents, buyers, and private sector attorneys to facilitate closings. Early in the process, and before any title searches are requested, Mr. Liston will access the Palm Beach County Property Appraisers office tax roll information to check on IRS tax exempt status documentation, or if taxes on subject properties are owned. He will attend all closings. Xncluded In this RF~ are." Project Pro~71es and References of similar services, (Past and Prior Experience/ ~, Integrity, Fiduciary, Accountability Working in the government arena, TUG understands the special nature of its relationship with it clients. As custodians of proprietary and public documents, files will be prepared and TUG handled in a secure setting for transfer to the City at a designated time, or at the end of the project. TUG real estate files will be stored for five years. All requests for information by the public will be forwarded to the City and TUG release no proprietary information without approval by the City. In the case of acquisition, when notice is given to make offers on properties, TUG staff will disclose that they are single agents for the City (Buyer). Background checks were completed on all staff and vendors. TUG has always sought to avoid any perception of a Conflict of Interest. When TUG discovered a subcontractor placed a purchase contract on USMS property, TUG reported this to USMS, and the sale was cancelled. This eliminated any question of impropriety in the transaction. In governmental projects, (and the United States Marshals Service contact is a good example), alter several government audits by USMS Inspector General's office, the project had no findings, l~n USMS contacts all rental income statements balanced without ever a discrepancy. TUG paid invoices for USMS using a jointly held account, and sweep funds at the end of the each month. The IG found accounts complete and balanced. Compliance with Deliverables: TUG meets contact requirements and "Does what it says". TUG has met ail road certific~ation dates for all parcels on all FDOT contracts. The Florida Turnpike AcquisiUon project was certified two months early. In the St. Lucie County Ridgehaven Land Acquisition project, all 102 voluntary acquisition notices were delivered and households interviewed within sixty (60) days of notice to proceed. For instance in USMS contracts, closing proceeds are always delivered the next business day to USMS office. At least one inspection completed per month per property, 100% of the time. 100% of all MLS listings installed within five calendar days inclusive of all property information. Marketing and Management plans delivered within five days of Disposal Task order, 100% of the time. Listings on web Page by next business day. Earnest Honey deposits and rent collections placed into Escrow Account by the second banking day, 100 % of time. Invoice delivered by tenth of the month. Activity Log entered on all contacts relating to property management and real estate sales. Emergencies handled within twenty-four hours. Knowledge Palm Beach County Real Estate TUG is negotiating, selling and doing comparative market analysis of real estate for several projects in Palm Beach County, which has relevance to this Real Estate Administrator project for the City of Boynton Beach. Profiles of these projects are also included in this response. TUG is an associate member of the West Palm Beach Board of Realtors and can access the Multiple Listing Service (MLS), and subscribes to First American Real Estate Solutions, Data Base Service. TUG TUG staff is currently conducting negotiations of right of way on commercial, residential, and industrial (improved and unimproved) on over 400 parcels in Palo~ Beach County. And TUG has completed negotiations on projects in Lake Worth on Dixie Highway and on Southern Boulevard in unincorporated Palm Beach County (West Palm Beach). Negotiations of parcels are always initiated with offers established by independent appraisals. As development consultants for the Catholic Diocese of Palm Beach, TUG has provide advisory real estate development services to the Diocese in developing four housing projects comprising of 447 multifamily units. FDOT acquisitions included purchase of a variety of types of real estate in Palm Beach County. These include: Utility easements Aviation easements Drainage easements Landscape easements Industrial improved (with demolition and without demolition Industrial unimproved (with demolition and without demolition) Commercial improved (with demolition and without demolition) Commercial unimproved Residential improved (with demolition and without demolition Residential unimproved Mobile Homes (with demolition and without demolition) Real' Estate Transaction Problem Solving Innovations., CLOSING PROBLEM. Upon review of Forfeiture and Seizure documents, subject property was shown by address only. Without a legal description, no title insurance would be issued. All Subject documents showed the property address. Amending Final Order of Forfeiture would be difficult. SOLUTION: TUG was able to prepare and get an executed Deed from the defendant, who was in Federal Prison. TUG staff spoke to the Prisoner Warden and sent him the Deed with instructions. He got the Deed signed, witnessed, and .notarized. USMS was able to clear title and close. CLOSING PROBLEM: Several years before the Forfeiture, a prior Deed in the chain of title omitted the block number of the subdivision. Florida law requires that recorded documents show the name of the person who prepared the document. TUG Use o~ dlscJosu~ of clara contained on ~s shee~ is subject ~ b~e restrict~m o~ t~e title page of this pm~x~ml ~: TUG located the attorney who prepared the defective deed and secured a Scrivener's Affidavit setting forth that it was an error leaving out the block number and reflected the correct legal description. This cleared the title and the government was able to close. Insurance and Risk Management TUG maintains a Specialty Professional Liability Policy covered by TUDOR iNSURANCE COMPANY, with a $250,000 limit of liability coverage. Liability aggregate of $2,000,000, and Workers Compensations aggregate of General $1,500,000, and Automobile Liability for $1,000,000, is covered by Liberty Mutual. Employees of The Urban Group, have security access authorizations for the Florida Department of Transportation, and US Department of HUD, databases. As is the nature of our Real Estate consultant contracts with the Federal Government, employees have background checks. All TUG employees working in the field are required to wear company l:dentification Badges. The Urban Group institutes a DrUg. Free employment policy, which tests employee~ for substance abuse. Our insurance policies will show the City of Boynton Beach as additional certificate holder. Included in this RFQ are: RecommendaUon letters, performance ratings and other additional ZnformaUon, (Supplemental ZnformaUon, ~). TUG .PROFESSI~ONAL STAFF Core TEAl4 Structure A key to achieving success is assembling a strong core team that can effectively manage all aspects of the scope of work in the project, efficiently motivate staff through proven management techniques and resolve project issues without undue efforts placed on City staff and administration. Our core group meets these criterion. A complement of staff experienced in real estate related services for governmental agencies, will surround this core staff. The members of the core team who will be dedicated to this project are: Supervising Project 14anager- Howard W. Steinholz (Contract Manager) Mr. Howard Steinholz has been a real estate broker for eighteen (18) years, but his twenty- two (22) year career has primarily been related to work involving real property. His background and experience is steeped in government related projects as an urban planner. As the principal of the firm he has been involved in community development projects for municipalities including the City of Hialeah, Broward, Palm Beach and Miami-Dade Counties, where he managed projects. He has extensive experience as an acquisition negotiator7 and facilitated settlements and closings on hundreds properties. His is recognized as a stong "hands on" project manager who knows the necessity of good communication between the government client and project staff, with reporting as a key element of achieving confidence. He will be the "Point of Contract" for City staff and administration. He will see that delivery dates are met and all assignments are timely and on schedule. ]:n this capacity, he has managed other right-of-way consultants, supervised acquisition agents and trainees, 'and coordinated project work. For the firm, he implemented Quality Assurance and Quality Control Programs. He had the project oversight responsibility for Right- of-Way projects to maintain compliance of acquisition activities on SR 80 and SR 710 (Palm Beach County), with over 250 parcels. He will attend closings. Project Administrator- 3ames Nardi (Program Management) Mr.' Nardi has been with The Urban Group since 1991. A licensed real estate salesperson, he is a certified Asbestos Surveyor/Planner. His career in government projects has been extensive. As a senior Acquisition Agent he negotiated,--easements, full and partial takes on the FDOT SR 805 Dixie Highway project in Lake Worth. He was the Project Manager for Property Management Services for the Broward County Aviation Department Land Acquisition Program. There he supervised demolition, asbestos removal, and environmental Phase One studies on structures in the project. For three (3) years he was responsible for oversight of all leased back properties. This project acquired over 800 parcels that included residential single family and multifamily, commercial, industrial, improved and unimproved property types. He managed a project to inventory FDOT surplus property and identify excess surplus property TUG Use or clisciasure of data contained on this s~eet Is subject to ~ restrict~n on the tJt~e page of this proposal District Four. Mr. Nardi will head up project scheduling and reporting data base development and maintenance. ]:n other projects he has created reporting programs that are tracked project activities through a Production Status Reports (PSR). Project Manager/Acquisition-- Kevin Liston (Title and Closing Facilitator) Mr. Liston has long history working in the real estate industry. ]:n his for over 27 years of experience he has worked in title underwriting, real estate sales, and government asset management. He is the Project Manager for TUG in the United States Marshals Service (USMS) Forfeited Real Estate Asset Disposal and Management contract. He has negotiated the sale of approximately $18 million dollars of government owned properties. He prepares all offers presented to the government, and negotiates for the USMS. He prepares settlement justifications to establish best and final offers. For this project Mr. Liston, will be assigned as project '~tie and Closing Facilitator. As the Project Manager for the United States Marshals Service contract, he worked closely with U.S. attorneys and private sector attorneys to close properties. Eady in the process, and before any tiUe searches are requested, Mr. Liston will access the Palm Beach County Property Appraisers office tax roll information to check on ]:RS tax status documentation, or if fines on subject properties are owned. He handled disposal of HUD REO properties for the Coral Gables HUD office, and worked to resolve code enforcement liens encumbering these properties. He supervised. HUD properties in Broward County, with an average yearly inventory of over 2000 homes. He reviewed ali HUD sales contracts. He will attend closings. Project Manager for Subconsultants- 3oseph Miller, ASA (Negotiations, Appraisal Review, Subconsultant Management) Mr. Miller's background includes 18 years of experience in real estate acquisiUon, appraisal and litigaUon for governmental and private sector projects. His primary focus has been related to Appraisal, ConsultaUon and Litigation Support for Eminent Domain and other types of acquisition projects during this time period. During his career Mr. Miller has prepared appraisals or provided significant professional assistance on over 1,000 parcels. Mr. Miller has been the Appraiser of Record on three (3) projects for the Florida Department of Transportation (District tV), and on another twenty-five major projects for a variety of clients including: County governments, Cities, and other condemning agencies such as South Florida Water Management District, and the Florida Department of Environmental Protection. He has been an expert witness on numerous property trials Senior Acquisition Specialist- Rosemary Monaco SR/WA (Negotiations and Property Management) Ms. Monaco started her career in the right-of-way field for FDOT in 1987. During the ensuing fourteen (14) years of experience she worked for FDOT in various capacities ranging from agent to Consultant Project Manager. Since joining TUG in 1996 she has worked as Project Manager on the Florida Turnpike SR 80 (Southern Boulevard) ]:nterchange, and SR 80 ROW project from Military Trail to the Turnpike. She has worked in various aspects of ROW TUG including relocation and property management. A highly skilled negotiator, she has demonstrated abilities to make settlements and has one of the company's highest acquisition settlement rates, over 70%. While at working for FDOT she worked on leasing surplus property for the department. Combined with her project management skills her involvement will be a valuable asset to the team. Senior Property Specialist Agent-Brian Gorham (Property Management, Negotiations) Mr. Gorham has eight (8) years of experience in acquisition, right-of way, and related real estate activities. He is a licensed real estate agent, and a state certified appraiser. Armed with this knowledge and experience of acquisition, he has prepared cost estimates for FDOT right- of-way acquisition projects. As an acquisition agent on the SR 80 project, he has made settlements on all the required easements he was assign to acquire. He is a certified Asbestos Surveyor/Management Planner, and is responsible for property management activities at the SR 710 acquisition, relocation and property management project for TUG. He is supervising property management to remove ninety-five mobile homes and four buildings at the Port Of Palm mobile home park in Riviera Beach. Classification Core TEAM Other staff: Right-of-Way Management QA/QC Property Management Acquisition and Negotiations Acquisition and Negotiations Leasing/Surplus Properties Property Management/Leasing Data Processing Production Reports Personnel listed above Bruce Bradley SR/WA Alan Kameron SR/WA Florence Green SR/WA Barry Lazarus Grant Epstein SR/WA Diane Mason SR/WA Magaly Pinares Fanny Ramirez Dianne Judge TOTAL Years Included in this *RF(~ Profe.~.~ional Prof/le.~ of Key Personnel. ( Staff Profiles~ Experience level 98 years 11years 12 years 18 years 10 years 13 years 8 years 9 years 3 Years 10 years 192 years TUG ORGANIZATION CHART REAL ESTATE ADMINISTRATOR FOR THE CITY OF BOYNTON BEACH ty of Boynton Beach/ HOWARD' 5'rE~NHOLZ Supervising Project Manager JIM NARDZ Project Administrator I JOE MILLER Project Manager-Sulx:onsu~nts BRUC~ BRAOLEY SR/WA C~uallt~ Control Team Mana~ler BRIAN GORHAM sr. erope~y ~nagement spe~ai~ I FLORENCE GREEN SR/WA Property Management J KEVIN LISTON ProJect ~lanager-NegoeaUons I sr. ~luaek,n sl~lm J I Leaslng/Surpha I.N..Md K/dqERCNq SR/WA IDIANNE JUDGE ProducUon Reports Leasln9 Accountant Real Estate ~Ymm FANNY RAM~REZ City of Boynton Beach Real Estate Administrator THE URBAN GROUP, [NC. TECHNTCAL APPROACH Aooroach / Methodoloav The Urban Group, Inc. (.TUG) using a team approach, will assist the City of Boynton Beach (City) by performing'in the capacity of its Real Estate Administrator. Our mission will be to help the City in it's goal to enhance the land acquisition, properW management, data management, and space facilities management capabilities, by contracting Real Estate Administration Services (Project). The objective of TUG is to facilitate the acquisition and management of properties under the City's jurisdiction and ownership. Since acquisition will be for public purpose and necessity, TUG will seek to find "willing sellers" for this acquisition program. It is our understanding frbm the RF--Q that the City will have citywide projects for these real estate consultant services. TUG has the prior experience, sufficient capable staff, and resources available for this project. In the event we are given a notice to proceed on multiple assignments, we have the ability to engage staff to handle the work. We have proposed highly regarded project managers, (Discussed in detail in the Profiles and Qualifications, and Experience Sections and Exhibits of this Statement of Qualifications), who have the experience to manage and coordinate the real estate related activities in this project. Each manager will oversee one of the projects, with a pool of agents to conduct negotiations, provide property management, and database services. We believe we can provide superior service .by not having to rely on finding available agents, or increasing workloads for agents that would jeopardize the quality of performance. To summarize the requirements of the consultant in the ,q~:~, we understand that the consultant will provide Real Estate Administration Services, which may include: · Provide consulting services to acquire through voluntary acquisition fee simple parcels, utility easements, right-of-way for City use, and public purposes and necessity. ;- upon identification by the City of an assignment or a property it desires to acquire, and prior to disclosure, seek out willingness of owner to sell property. · Presentation in person, or by certified mail (if owner is absent or out of town), of the City's offer to purchase properly and to conduct negotiations based on an approved appraisal provided by the City. · Ongoing negotiation for a settlement until impasse is reached, or if the City determines to proceed with involuntary acquisition. · Review titles, legal descriptions and closing statements TUG Use or disclosure of data co~tained on this sheet is subject to the rest:l~l:Jo~l cxl the UUe page o~ this propos~ · Availability to attend real estate closings. · Adherence to Flor/da Statutes, Chapter 475. and State and City's acquisition procedures and use of document forms in acquiring land for the City. · Prepare studies, do research, and analyses, and reports relating to real estate to be acquired. · Compile data and perform market analysis, identify market trends and make recommendations to the City regarding real estate opportunities. · Provide oversight management of consultant professional services for appraisers, surveyors, environmental engineers, title attorneys or underwriters, closing agents. · Providing a Product/on Status Report (PSRJthat monitors the acquisition activities of the project. (Please refer to the Supplemental !nformation Exhibit ]:I! reference section of this proposal for a sample of a PSR,) · Providing property management consultant services for City owned property when required, which may include preparing leases, collecting custodial fees, and reviewing balance sheets. Space planning of existing facilities. · Provide inventory and disposal services of surplus properties. · Provide data and information management services. Maintaining the City's Landfile through control and secured access. · Coordinate file updates, data input, data conversion with Palm Beach County Property Appraisers office and City's C!S Division. · Provide trained and qualified personnel to perform outsourced !nformation Technology Services. · Maintaining a detailed cost summary/invoicing system to account for ali expenditures. · Establishment of a City-approved format for record keeping, maintaining files and documents. · To service the public, TUG will provide bilingual staff and a toll-free telephone number. · Tf required, providing relocation assistance to any potential residential, business or Outdoor Advertising signs displaced as a result of acquisition. We also understand that the City will provide: · Appraisals, title searches and commitments, legal descriptions, and, any other available information regarding the project or property. · Assistance/consultation of City staff including its legal department for the purposes of acquiring lands for the City. · Sole responsibility for obtaining funds for the acquisition costs of the lands to be acquired for projects. · Responsibilities for acquisition when negotiations reach an impasse or require condemnation. TUG Use or disclosure ol' data contained on ~ls sl~eet is subject to the res~ on the ttUe page o~ this prol~ The following section illustrates our further understanding of the City's requirements for Real Estate Administration activities. AcquimHon Once the Notice to Proceed is issued, TUG will coordinate resources to ,begin the projects, assignment or task. Database programs will be assembled. A kick-off meeting will be scheduled as soon as possible for the purpose of introducing staff a.nd to establish guidelines, procedures and lines of communication. We will request that representatives from the City attend to discuss relevant information regarding the purpose of the projects and any other critical areas of concern. We will also invite the appraisers since they will be an important resource during negotiations with the landowners. We will discuss project schedules, milestones and specific tasks that will need to be coordinated in order to complete the projects. By proper planning and organization in the early stage of the projects, we will establish a good foundation for success, and a better likelihood of finding willing sellers. Prior to receiving the approved appraisals from the City, team Project Ha. nagers will establish assignments and responsibilities of the team members. Once an approved appraisal is received, the Project Manager will notify the agent.and support staff of the assignment. The parcel will be considered an active file and will be tracked thereafter Within our Product/on Status Repo~ a tract and project file will be set up, and the project information will be inputted into data systems, in accordance with procedures. Depending upon the volume of parcels, production meetings will be held monthly or bi- monthly between the Project Hanagers and City staff. The Project Managers will then provide a Product/on Status Reportto the City, in which the current status of acquisition activities, and the projection of future activities, will be identified. The main responsibility of the Project Manager is to oversee the project and staff; to assure that schedules and milestones are being achieved; and, to maintain communications with the City and its staff. Nevertheless, Project Hanagers will also have their share of parcels to negotiate. We have senior acquisition agents who will assist the Project Managers in the day-to- day activities of the project. Besides handling the acquisition of parcels, these individuals will provide support for the acquisition agents assigned to the project (e.g. reviewing any counteroffer from the property owner). ]:n order to ensure the quality of work and documentation, a senior acquisition agent will serve as a Quality Assurance/Quality Control examiner. This serves as a check and balance for the documentation that will be assembled throughout the acquisition process. ]:t also ensures that the appropriate documentation is being completed for each required task. TUG Use cx disclosure of dat~ cc~talned o~ t~ls sheet Is sc~ject t~ the n~crlcflon on b~e tJt~e page of this proposal Acquisition agents assigned to a project will make every reasonable effort to acquire property for the City through a negotiated acquisition and a closing by deed. Upon receiving a parcel assignment, the agent will undertake certain steps in conducting land acquisition negotiations: · Order the last deed of record · Deliver City's letter of information on the purpose of acquisition and .City's process of acquisition. · Request owners complete and return all applicable forms, including property inspection. · Review all title work, including last deed of record, maps, plans, and any other source material available so as to develop an understanding of the condition of title, the characteristics of the subject property, and the effect of the proposed acquisition on any remainder lands to be retained by its present owner. · ]:f possible, perform a field inspection of the subject, property to identify any errors or discrepancies in the source materials. · Request authorization to begin negotiations. · Determine the need for a City strategy meeting. Schedule an appointment with the owner at a time and place convenient to the owner; otherwise, the offer will be presented by certified mail. At the appointment or in a cover letter, the agent will explain the project to the · owner and present a written offer to purchase the parcel. The offer will contain an identification of the estate in land to be acquired, and a breakdown of the offer into its component parts (i.e., land improvements, severance damages and costs of cure). · Provide Data Systems update. The agent will secure the owner's signature on a purchase agreement or will thereafter maintain regular follow up with the owner in an ongoing negotiation until an agreement is reached or a decision is made by the City to end negotiations or that a condemnation action must be filed. When a reasonable settlement is reached, the agent will forward all required forms and documents (including a justification for administrative increase when the agreement is above appraised value) to the City for its review and approval. TUG Use o~ disclosure of data contained o~ Ibis s/nec"{ Is subject to the re~ ~ ~ U~ ~ ~ ~ ~ · in those cases in which a negotiated settlement cannot be reached, the agent will assemble and return the parcel file to the City. · Attend the real estate closing. Alter the closing, the agent will deliver all executed documents to the office of the Clerk of the Circuit Court for recording in the public records and that City number is given. Appraisal Reviews Study the approved appraisal report for an understanding of the City's opinion of market value and the basis upon which that opinion is derived, includ!ng, but not limited to, insuring that any reservations on any part of the property be appraised. Title and Closing Facilitation A project Title and Closing Facilitator will be assigned to this project to work with the City attorneys and private sector attorneys to assist in closing properties. Early in the process, and before any tiUe searches are requested, the Facilitator wilt access the Palm Beach County Property/ Appraisers office tax roll information to check on IRS tax exempt status documentation, or if taxes on subject properties are owned. He will identify liens and seek to resolve them. Core T£AM Structure A key to achieving success is assembling a strong TEAM that can effectively manage all aspects of the scope of work in the project, efficiently motivate staff through proven management techniques and resolve project issues without undue efforts placed on City staff and administration. We will utilize a Core Team of managers with deep experience in the work disciplines required for this project. A complement of staff experiences in real estate related services for governmental agencies, will surround this core staff. (Staffing is further discussed in the Staffing Section of this RFQ. Profiles of proposed staff are included in Exhibit ~V). Project hlanaoement The Urban Group clearly recognizes that the Project Hanager is crucial to the success of any project. For this reason, TUG will designate the Supervising Project Nanager as the firm's single point of contact, responsible for a project. Project Managers be designated to perform oversight in work areas of Acquisition, Property Management, Information Technology Services, Closing and Title Facilitation. Managers will follow through by TU6 closely monitoring the work effort. They will make sure that tasks are clearly identified, scheduled and assigned to qualified individuals such that all work is accomplished in a timely manner and with maximum efficiency of resources. Our Project Managers understand the importance of maintaining good communications with the client, staff and any of the project subconsultants. Senior acquisition agents will assist Project Managers in some of the administrative functions of the project. They will be committed to this project and will supervise day- to-day activities. They also have a support role in all areas of responsibilities in production control and acquisition. Specifically, they will be the first lines of review of administrative settlement recommendations and they will prepare for Produ~/on Status Reports (PSR), ~vnformation Technoioqy Services and Record~ I~aintenance To gather marketing and sales information TUG will use various sources to gain information. TUG is an associate member of the Greater West Palm Beach and Fort Lauderdale Board of Realtors, and has access to the Multiple Listing Services (MLS), and First American Real Estate Solutions Property Data Computer .Services. TUG specializes in providing real estate related services. TUG personnel will responsible for maintaining the City of Boynton Beach Landfile though controlled access to the City's Server.-A Property Management Specialists will be may be stationed at the City to input new address and parcel data obtain form the City Engineering Department and the Palm Beach County Appraisers office. After establishing authorization, and with sufficient "fire wall" protection, the system may be networked using CITRIX Remote Access capabilities. TUG currently uses CITRIX in their networking system. TUG places strong emphasis on generating timely, accurate records. Our records will be consistent with the City's policies. Parcel information, data and other records will be imputed and stored on a computer database system as authorized by the City. TUG will create hard disks and back up the system daily. Each task assignment will be separately coded with parcel information, data, contact sheets and other records reflective of that Task Assignment. Computer data will be stored on CD-ROM or computer disks. Back-ups are stored in a fireproof safe with copies placed in a bank security vault every two weeks. Agent files are color coded to distinguish between acquisition, relocation, and property management. All files will be kept current and available for the City's review at any time. All inquiries from the public for file review will be routed through the City's public information officer or designee. TUG will provide the City with valid and timely information. Staff will submit information on standard forms to input directly into the City's database, by password authorized staff. TUG recognizes the importance of valid and timely input for the City's TUG reporting, and commit to uphold the integrity of the system. A final input and quality check will be made of all applicable databases and hard copy files. ]:f the need arises, TUG has the technology to remotely access any City authorized software application from the field or home office, through Citrix, Metaframe. Prooertv Manaqement Property Management functions will be administered by the Project Manager. A Property Management Specialist will prepare lease recommendations, collect rent and management fees. All fees collected will be placed in an operating account jointly held with the City, in a FDTC insured local bank. Funds will be "swept" into the City's general account each month. Original bank statements will be directly sent to the City. A Property Specialist will directly handle general property management responsibilities of City-held properties. TUG staff will make monthly inspections of City-managed properties. Emergencies will be addressed 24 hours a day, 7 days a week. An "Emergency" call number will be available. All emergencies will be reported the next business day to the designated City staff person via a "Flash Report". Managing citywide space pla-nning will be coordinated through this office in conjunction with City staff. Public Information Information and discussions that are proprietary will be maintained as confidential. During negotiations, disclosures will be governed by TUG's fiduciary responsibilities to the City, and requirements of Florida Statutes 475. Regarding real estate practices and procedures. TUG will contact the City if any 'requests for information are received, and will follow the City's direction. TUG Use ~ disclosure ol' data contained on ~ls sheet is subject t~ bhe restrtcl~ o~ t~e t~e page of this proposal THE URBAN GROUP~ TNC. PRO3ECT PROFZLE AND REFERENCES Acquim'tion and Relocation Property Management and Condemned Properties Broward County Aviation Department Land Acquisition Program · 709 single-family vacant and occupied residences · August 1989 to 1997 · Average Yearly budget - $1.5 million · Reference Contact: 3ack Lee, Director of Business (954) 359-6145 Right of Way Florida Department of Transportation Turnpike District- State Road 80 (Southern Boulevard) Palm Beach County, Florida · 25 acquisition parcels · March 1997 to November 1998 --Contract Amount: $668,480 - Reference Contact: (Bob) Bush, District Right-of-Way Manager (407) 532- 3999 Right of Way Florida Department of Transportation - District Four State Road 60 (l~ndian River County, Florida) · 48 acquisition parcels · January 1997 to January 2002 · Contract Amount: $450,000 · Reference Contact: Van Neilly (954) 777-4287 Districtwide Relocation Consultant Contract Florida Department of Transportation District Four · Various Relocation Projects · January ~995 to January 2004 · Contract Amount: $750,000 · Reference Contact: Van Neilly (954) 777-4287 Districtwide Relocation Consultant Contract Florida Department of Transportation District Four · Various Relocation Projects · January 2001 to January 2006 · Contract Amount: $750,000 · Reference Contact: Van Neilly (954) 777-4287 TUG Use or disclosure of data contained on this sheet is subject to the restriction on the flue page of this proposal 10. 11. Right of Way Acquisition Florida Department of Transportation District Six Miami, Florida · Districtwide Acquisition Consultant · November 2000 to October 2002 · On-going contract to handle in-house acquisition · Contract Amount: $750,000 · Reference Contact: Alex Casals (305) 470-5473 Right of Way Acquisition, Relocation, Property Management Florida Department of Transportation -District Seven State Road 584 (Pasco County, Florida · 75 acquisition parcels, 24 relocation parcels · November 1993 to January 31, 1996 · Contract Amount: $435,408 · Reference Contact: Mary Arend (813) 975-6737 Right of Way Acquisition & Relocation Florida Department of Transportation - State Road 805 (Dixie_Highway, Lake Worth Flor!da). · 24 acquisition parcels, 8 relocation parcels · February 1995 to October 1997 · Contract Amount: $665,785 · Reference Contact: Andrew Wells (954) 777-4284 Ridgehaven Phase 11 Acquisition/Relocation Program St. Lucie County Port and Airport Authority · 102 parcels · October 15, 1993 to 3anuary 31, 1995 · Contract Amount: $222,000 · Reference Contact: Belinda Voss (561) 462-1725 Right of Way Acquisition, Relocation, Property Management Flodda Department of Transportation, District Seven State Road 580 ( Oldsmar. Florida). · 45 parcels to acquire/relocate · September 1993 to 3anuary 9, 1996 · Contract Amount: $182,000 · Reference Contact: Mary Arend (813) 975-6737 Right of Way Relocation Florida Department of Transportation, District Four Okeechobee Boulevard, West Palm Beach, Florida · 48 on-premise signs TUG Use or disclosure of data contained on this sheet is subject to the resV~lio~ on Ihe title page of this proposal 12. 13. 14. · .lanuary 1992 to December 1993 · Contract Amount: $125,000 · Reference Contact: Andrew Wells (954) 777-4284 Right of Way Acquisition & Relocation Florida Department of Transportation - District Two State Road 60 · 51 acquisition parcels, 2 relocation parcels , March 1995 to March 1997 · Contract Amount: $179,500 · Reference Contact: Cathy Gardyasz (941) 533-8161 Liberty Manor Housing The Urban League of Greater Miami HUD Redevelopment HUD 104(d) Program, Uniform Relocation ACt, Tenant Relocation and Real Property Acquisition Handbook 1378 99 Tenant relocations Contract Amount: $89,000Reference Contact: Reference Contact: Oliver Gross (305) 696-4450 City of LaUderdale-By-The-Sea Acquisition Consultant · Negotiate to purchase land needed to benefit the City · Contract Amount: On-going · Reference Contact: Robert Baldwin, Town Manager · (954) 776-0576 TUG Use or disclosure o~ dale contained on this sheet is subjecl to the restriction on the liUe page of this proposal THE URBAN GROUP~ INC. PRO3ECT PROFILE AND REFERENCES Appraisal J e Real Estate Appraisals Small Business Administration Due Diligence appraisals for collateral loans · 108 Appraisals for year 2000 · Contract Amount $268, 000 · Contact Reference: Eric Torano (703) 243-3608 Property Tax Appeal Personal and Real Property · Lennar Homes, Inc. · 1993 Tax Year - Reduced Assessments: $8,000,000 ' · Tax Savings First Year: $200,000 · Reference Contact: Angel M. Guiterriz - (954) 559-4000 Property Tax Appeal Personal and Real Property · Bertram Yacht, Inc. · 1993 Tax Year - Reduced Assessments: $2,000,000 · Tax Savings First Year: $30,000 · Reference Contact: Bertram Yacht, 1nc. (954) 633-8011 Real Estate Appraisal Sale and Disposition Appraisals · City of Hollywood · Various Projects Throughout City · Reference Contact: Fred Hopkins (954) 921-3452 Real Estate Appraisal Condemnation Appraisals · City of Ft. Lauderdale · City of Ft. Lauderdale A-i-A Road Project · Cost Estimate on Proposed Road Expansion · Dixie Water Plant · Performing Arts District · Reference Contact: Gust Hiller (954) 761-5055 TUG Use or disclosure of data contained o~ this sheet is subject to the restriction on the tilie page ~ this proix)sal Real Estate Appraisal Condemnation Appraisals · Department of Transportation District Four · 17th Street Bridge Project Fort Lauderdale, Florida · Include Hotels, Convention Center, Marina · Shopping center & Gas Station · Reference Contact: Steve Emberlin (954) 777-4237 Appraisals and Comparable Market Value (CMV) Real Estate Management and Sales of Forfeited Real Estate Assets · U.S. Marshals Service Middle District of Florida · 1995 to September, 2000 · Reference Contact: Robin Hill DUSMS, COTR (813) 225-7461 Appraisal and Comparable Market Value (CMV) · U.S. Department of HUD - Area Management Broker (AMB) · Central Broward County · Reference Contact: Al Cazzolli (305) 662-4500 TUG Use or disciosure o~ data contained o~ this sheet is subject to the restriction on fire flUe page of this proposal THE URBAN GROUP, INC. PRO3ECT PROFILE AND REFERENCES Hous/ng and Commun/ty Development Housing and Development Consultants Heritage Village · 101 units HUD Section 202 Housing For The Elderly, Boca Raton, Florida · Completed - April 1990 · Reference Contact: Stacey Kerr, South Palm Beach County 3ewish Federation (561) 852-3126 · Project Cost: $5.6 million Development and Construction Consultant Hialeah Housing Authority Viceroy Development Corporation, Developer · 50 public housing units for families - Hialeah, Florida. · Completed: November 1989 - · Reference Contact: Richard Fusaro, Deputy Director, Hialeah Housing Authority (305) 888 -9744 · Project Cost: $2.3 million Broward County Housing Authority Griffin Gardens · 100 units public housing - Davie, Florida · Completed: .lune 1990 · Reference Contact: Kevin Cregan, Executive Director (305) 739-1! 14 · Project Cost: $4,87 million Development and Management Consultants Dominium Group, :[nc. Minneapolis, Minnesota Housing Opportunity Action Grant (H.O.A.D.G.) · 235 units below market rentals- Hialeah, Florida · Completed April 1989 · Reference Contact: Armand Brachman, Projects Director and Vice President (612) 559-1711 · Project Cost: $11.2 million Housing Development and Construction Consultant Broward County Housing Authority A.M.A.S. Development Corporation, Developer · 50 units public housing for families TUG Use o~ disclosure of ;tala contained on this sheet is subject to the restriction on the title page of this proposal J gm 10. 11. Completed: August 1991 Project Cost: $2.9 million Reference Contact: Kevin Cregan, Executive Director (305) 739-1114 Housing Consultant, State Apartment Incentive Loan (SAIL) Program National Housing Development Corporation (NHDC) · 252 unit housing for the Elderly · Reference Contact: T. Edward Kinsey, Chairman, NHDC (407) 881-1667 · Project Cost: $14 million Housing Consultant (LIHTC) Naranja Affordable Housing, Ltd. · 90 unit housing for families · Reference Contact: Lewis Swezy, General Partner (305) 885-8397 · Completed: December 1996 · Project Cost: $4.8 million Housing Consultant (LIHTC) Vizcaya Housing, Ltd. · 172 unit housing for families · Reference Contact: Ruby Swezy, General Partner (305) 885-8397 · Completed: December 1996 · Project Cost: $9.5 million Housing Consultant Diocese of Palm Beach Villa Franciscan, Riviera Beach, Florida · 85 units HUD Section 202 Housing For The Elderly - Completed April 1996 · Reference Contact: Robin Tolar, Director of Housing · (561) 775-9571 · Project Cost: $4.5 million Housing Consultant AHEPA National Housing Corporation - AHEPA 18 Apartments · 98 units HUD Section 202 Housing for the Elderly - Under Construction · Reference Contact: .lohn Tsimekles, AHEPA 18 Secretary / Treasurer · (561) 683-7400 · Project Cost: $5.6 million Housing Consultant Dade Employment and Economic Development Corporation · 77 units HUD Section 202 Housing for the Elderly - Completed .lune 1997 · Reference Contact: Bernice Butler, Executive Director · (305) 577-8083 · Project Cost: $4.3 million TUG Use ¢ disclosure of data contained c~ Ibis sheet is subjec~ to the resbtction on the title page of this proposal 12. 13. 14. 15. 16. 17. Monitoring Agent - Multifamily Housing Bond Program Florida Housing Finance Agency · Monitor Property Managers for Compliance with State regulations · Various Multifamily housing developments 1995 - 97 · Reference Contact: Wilma Louder · (850) 488-4197 Housing Consultant The Miami Archdiocese · Villa Seton- Completion December 2001 · 96 Units HUD Section 202 Housing for the Elderly · Project Cost $6.8 Million · Reference Contact: Tere Spring (954) 677-8122 Housing Consultant Diocese of Palm Beach · Villa Madonna, Lake Worth, Florida - Completed August 1997 · 99 units HUD Section 202 Housing for the Elderly · Reference Contact: Robin Lunn, Director of Housing' · (561) 775-9571 · Project Cost $7.0 Million Housing Consultant South Palm Beach County Jewish Federation · Federation Housing, Boca Raton, Florida - Completed January 1999 · 101 units Section 202 Housing for the Elderly · Reference Contact: Dr. Stacy Kerr · (561) 852-3126 · Project Cost $7.1 Million Housing Consultant Wesley Group Home Ministries, Inc. · Wesley Group Home I (completed April 1998) · 6 bed Group Home - Section 811 Housing for the Disabled · Reference Contact: 3une 3ohns · (407) 452-8783 · Project Cost: $350,000 Lease Site Acquisition Agent (in conjunction with the Appraisal Division) Cellular Communication Towers · Site Location / Lease Acquisition · July 1994 to Present · Reference Contact: Tim Sivore · (954) 563-5601 TUG Use or disclosure o( data contained on this sheet is subject to the f~tdctJoft Ofl Ihe flue page of this proposal THE URBAN GROUP, TNC. PRO.1ECT PROFZLE AND REFERENCES Property Oispos/tion 1. North Broward County Real Estate Asset Manager (REAM) United States Department of HUD, Coral Gables Office · Monthly average of over 369 properties · Manage and maintain houses in the period between FHA foreclosure and purchase by new owner · Project start date: February 1994 · Reference Contact: Al Cozzolli, HUD Realty Specialist · (305) 662-4585 2. Orange, Seminole & Osceola County Real Estate Asset Manager (REAH) United States Department of HUD, Orlando Office · Monthly average of 231 properties · Manage and maintain houses in the period between FHA foreclosure and purchase by new owner · Project start date: September 1992 · Reference Contact: Patsy Corson, HUD Realty Specialist · (407) 648-6446 South Broward County Real Estate Asset Manager (REAM) United States Department of HUD, Coral Gables Office · Newly awarded contract - estimated 262 properties · Manage and maintain houses in the period between FHA foreclosure and purchase by new owner · Project start date: June 1, 1995 · Reference Contact: Al Cozzolli, HUD Realty Specialist · (305) 662-4585 North Dade County Real Estate Asset Manager (REAM) United States Department of HUD, Coral Gables Office · Newly awarded contract - 407 properties · Manage and maintain houses in the period between FHA foreclosure and purchase by new owner · Project start date: 3une 1, 1995 · Reference Contact: Rafael Portuondo, HUD Realty Specialist · (305) 662-4585 TUG Use or disclosure of d~ta con,mined on this sheet is subject to the restriction on the ti~ page of this Central and South Dade Real Estate Asset Management (REAM) United States Department of HUD, Coral Gables Office · Newly awarded contract - 452 properties · Manage and maintain houses in the period between FHA foreclosure and purchase by new owner · Project start date: June 8, 1998 · Reference Contact: Al Cozzolli, HUD Realty Specialist · (305) 662-4500 Seminole, Lake, Volusia Counties, Real Estate Asset Management United States Department of HUD, Orlando Office · Monthly average of 157 properties · Manage and maintain houses in the period between FHA foreclosure and purchase by new owner · Project start date: September 1992 · Reference Contact: Bobbi Thomas, HUD Realty Specialist · (407) 648-6446 United States Marshals Service - Southern District of Florida Real Estate Asset Management and Disposal · Property management and sales · Reference Contact: Burke Carsten, COTR · (305) 536-7575 United States Marshal Service - Middle District of Florida Real Estate Asset Management and Disposal · Property management and sales · Reference Contact: Robin Hill, Deputy US Marshal-COTR · (813) 225-7461 TUG Use o~ discto~,ure of data contained on Ibis sheet is subject to the restriction on the ~tle pa~e c~ Ibis proposal THE URBAN GROUP, [NC. PRO.1ECT PROFTLE AND REFERENCES Property hlanagemen~ & hlain~enance Property Management - Preservation & Protection Florida Department of TransportaUon-District Six · 20 commercial properties and buildings - Dade County/Bird Road · Reference Contact: Shannon Clark, Right-of-Way Administrator · (305) 470-5140 Property Management - Preservation & Protection Florida Department of Transportation-District Six · 60 commercial properties and buildings - Dade County/Biscayne Boulevard · Reference Contact: Shannon Clark, Right-of-Way Administrator · (305) 470-5140 Property Management - Preservation~ & Protection - Florida Department of Transportation-District Six · 3 commercial properties and buildings - Dade County/Opa Locka Boulevard · Reference Contact: Shannon Clark, Right-of-Way Administrator · (305) 470-5140 Property Management - Preservation & Protection Florida Department of Transportation-District Six · 3 commercial properties and buildings - Dade County/Biscayne River Drive · Reference Contact: Shannon Clark, Right-of-Way Administrator · (305) 470-5~40 Property Management - Preservation & Protection Ocean Hospitalities · Hodzon Hotel Property and Building · Reference Contact: Rob Green · (407) 364-8800 TUG Use or disclosure of data co~tained o¢'1 this sheet is subject to the restriction o~1 the title page of this I~'oposal Name: The Urban Group, Inc. DUNS No.: 14-854-4394 Past Experience Project: Real Estate Administrator RFQ#075- 2413-01 ! KR The Urban Group, Tn¢ PAST PERFORMANCE DATA SHEET Project: Real Estate Acquisition Consultant Contract No.: N/A 2' Client: Town of Lauderdale-By-the-Sea Service Date: Ongoing Project Manager: Name: Bob Baldwin, Town Manager Tel. No.: (954)776-0576 Total Contract Value: $100,000 List of Subcontractors: Real Estate Appraiser NUmber of Employees Assigned: 3 Sector: Government Description of work: Relevant Similarities to this Contract: The Urban Group provides real estate consulting services to the Town to acquire real property for public purpose use. A "Single Agent" Buyers Broker, This is pdmadly a "willing Seller Program". Town idenUfies property n~.cded for public purpose or necessity. TUG seeks to determine the willingness of the property owner to sell the property. TUG initiates negotiaUons for voluntary purchase of real properties within the jurisdiction of the Town. TUG balances the desire of the Town to maintain a "cone of silence" to protect the integrity of disclose that might cause sellers to inflate sale pdces, with the limits of F.S.475 disclosure law, pdor to entedng into an agreement. Prepare justifications and recommendations for settlements and submit to Town Manager for further handling. Conduct negotiations for acquisition of each property in accordance with policies and procedures. Thoroughly document all contacts with property owners and/or their representaUves. Upon receipt of Task Order by the Town Manager, TUG will act as the authorized agent for the Town to seek a contract to purchase on a TUG U~o o~ di~k~un~ of da~ oontainmi on this she~ is subject to Ihe festoon on the lille p~o of ~ propo~ PAGE 2 PAST PERFORMANCE The Urban Group, Inc. Designated parcel. TUG will identify the owner from public records and make a contact to establish the willingness of the property owner to sell. Discovery is done prior to TUG making a material contact, wherein the disclosure of the buyer would be necessary. TUG works with Town's independent appraiser to find comparable properties and works with Town attorney on title issues. 5. Complexity of Project: Owners were foreign nationals' relatives who were hard to track down. One was an attorney from Canada; the other lived in Ireland. They were difficult to find. Town is completely built out with large amount of income producing residences, and "mom and pop" motels, making establishing value difficult..Judging that there is reasonable assurance ~at there is a ready and willing seller, TUG will make an offer to purchase based on the -appraised value. Market-is so-volatile because sale prices were actively raising very quickly and outpacing counteroffers. Once an offer is made negotiations are furthered until a meeting of the minds is reached and the seller signs a contract. Contact must then be presented and approved by the Town Council. If negotiations result in an impasse, consultant will suggest a further course, of action. Town may consider condemnation, withdrawal of the offer, or seek an alternate site. TUG is currently negotiating to purchase an income producing four-unit residential property in order to build new Fire-Rescue facility. This is a voluntary acquisition that is at a stalemate. The property owner has emotionally ties to the property. The TUG acquisition agent has offered an exchange property. 7. Timeliness of Performance: Negotiations started within 5 days of receipt of the appraisal and conference with Town Manager to establish an offering pdce. Received Counteroffers from property owners or their representatives for consideration by the Town. Evidence of Successful Performance: Agent's persistence has kept negotiations on going. TUG Name: The Urban Group, :[nc. DUNS No.: 14-854-43~ Past Experience Project: Real Estate Administrator RFQ#075-2413-01! KR The Urban Group, Tnc PAST PERFORMANCE DATA SHEET project: Right-Of-Way Acquisition, Relocation, and Property Management Services Florida Turnpike Tnterchange, State Road 80 Palm Beach County, Flodda Contract No.: D-H 125 Client: Flodda Department of Transportation- Turnpike District Service Date: March 1997 to November 1999 Project Administrator: Name: Mr. Bob Bush, District Right of Way Manager ' Tel~' NO: (407) 532-3999 Total Contract Value: $668~ 480 List of Subcontractors: ENTEL Environmental Engineers Phase Studies, Sharpton & Brunson, CPA, Business Damage Reports Number of Employees Assigned: 6 Sector: Government DescripUon of work: Relevant Similarities to this Contract: Acquisition, relocation and property management services. Right-of-Way assignment was to purchase 23 fee simple parcels in order to accommodate the construction of a new :Interchange for the Florida Turnpike. Types of properties included, single family homes, free standing commercial properties, strip center, nursery, truss manufacturing plant, bar and restaurant. TUG LEe m dbek~ure of/~ on ~ i b subjeot to ~ re~aict~ on ~te ~Ue p~ge o£~ proposal PAGE 2. PAST PERFORMANCE The Urban Group, :[nc. Receive counteroffers from properly owners, or their representatives for consideration. Thoroughly document all contacts with. property owners or their representatives. Database reporting system and production schedule reporting. Review appraisals. Appraisals established offer. Agents negotiated settlements, and attended closings. Reviewed flues. Accounted for claims, and delivered checks at closing. Public access to all documents. Complexity of Project: This was the first Turnpike Districtproject to be funded with federal funds and a great amount of scrutiny was associated with the project from Federal Highway Department. Strict adherence to URA policies and procedures..lob had only 18 months to complete. Zoning restricted relocation of Truss Company. Comparable parcels were difficult to find because of land use restrictions. Environmental issues. m Timeliness of Performance: All parcels acquired, residents and business relocated within the 18-month timeframe to certify the clearing date. Evidence of Successful Performance: Negotiated settlement rate was 87%. Final performance rating from FDOT was 93.3 %. Road clearing date was on time. Complied with ].00% of DBE Goals. TUG Usc o~ disclosure of data ~o~tain~i on this sheet is subject t~ ~ha r~-~efion on the title p~e of this pmpo~ Name: The Urban Group~ ]:nc. DUNS No.: 14-854-4394 Past Experience Project: Real Estate Administrator RFQ#075-2413-01/KR 8 m The Urban Group, :[nc PAST PERFORMANCE DATA SHEET Project: ST. LUCIE COUNTY AIRPORT EXPANSION PRO.]ECT Ridgehaven II Acquisition, RelocaUon Contract No.: N/A Client: St. Lucie County Port and Airport Authority Service Date: Commencement of Services - Project Completion Project Manager: Mr. 3oe Malfait Chief Right-of-Way Agent Tel. No: (561) 468-1720 3une 1992 3anuary 1994 Total Contract Value: $222,000 Number of Employees Assigned: 5 Sector: County Govemment DescripUon of work: Relevant SimilariUes to this Project: The Urban Group, ThC. provided acquisition, relocation and environmental services for the St. Lucie County International Airport Expansion Project in St. Lucie County, Flodda. This was a voluntary acquisiUon project, which involved the purchase of 102 parcels, and the relocation of eighty-one residential and business displacees. This project was a noise abatement project done under state, local, and Federal Aviation AdministraUon guidelines. Maintained monthly Production Status Reports (PSR) submitted to County Acquisition Department. Property Management supervision of County acquired properties. Established a data base file on ali parcels. Delivered check warrants to owners for moving expenses and relocaUons expenses. Calculated replacement housing costs by establishing comparable housing database files from Redidata base of replacement housing for owners and tenants. TUG Use m- disclosure o f dit~ ~ont~ined oo this sheet is sub.~'ct ~° ~ I~s~ict~ ~ ~e ~ ~ °f ~ ~ PAGE 2 PAST PERFORMANCE The Urban Group~ Znc. 5. Complexity of Project: TUG staff nccded to negotiate and close this project in a one-year time frame, or unsettled parcels would not be purchased. Supervised property management subconsultants hired by St. Lucie County. Preservation and protection of purchased property was critical to avoid the neighborhood from deteriorating and property values for owners who did not want to sell. After homes were purchased, and relocation completed, staff n~ed to supervise demolition. 6. Timeliness of Performance: Completed the project on before the pedocl for voluntary purchase was over. Evidence of Successful Performance: TUG purchased 99 out of the 102 homes in the project. Name: The Urban Group, ]:nc. DUNS No.' 14-854-4394 Past Experience Project: Real Estate Administrator RFQ#075-2413-01/KR The Urban Group, ]:nc PAST PER~RMANCE DATA SHEET Project: Right-of-Way Services- Acquisition, Relocation, Property Management, Order of Taking Law Suits. State Road 80, Palm Beach County, Florida Contract No.: D-720 Client: Florida Department of Transportation, District Four Service Date: 3anuary 1999 to certification date October 2002 Project Manager Name: Mr. Fred Ackermann Tel. No: (954)777-4236 Total Contract Value: $1.6 million List of Subcontractors: (2) Environmental consultants to perform asbestos surveys, phase I studies, (4) CPA firms to Prepare business damage reports Number of Employees Assigned: 16 staff. Project Manager, Acquisition Administrator, Property Management Administrator, Relocation Administrator, 9 right-of-way specialists, and 3 administrative support. Sector: Government DescripUon of work: Perform Right of Way services for the Department of Transportation in MajorWork Groups 20.1(Appraisal), 21.0 (Acquisition~ Negotiations, Closing and Order of Taking), 24.0 (Acquisition Relocation Assistance), and 25.0 (Property Management, Clearing and Leasing). Right-of-Way project requires acquisition of 234 parcels including single family and multifamily residential, industrial, commercial, and improved and unimproved vacant land. TUG Use or disclosure of data contained on ~ sheet is subject to fl~e resbicfion on the lille I~e of this proposal PAGE 2 PAST PERFORMANCE The Urban Group, ]:nc. 5. Relevant Similarities to this Contract: Agents meet with property owners to make offers. Promulgated from an appraisal of value, TUG negotiates the purchase of fee simple parcel, and easements. Appraised value establishes the offedng price and staff seeks to make a settlement for the purchase. Tf there is an impasse TUG will prepare a suit package, but will continue to negotiate and recommend settlements through a settlement justification, or stipulated settlement. Receive counteroffers from property owners, or their representatives for consideration. Agents negotiated settlements, and attended closings. Reviewed rifles. Accounted for claims. If owners retain eminent domain attorneys, agents will negotiate with attorneys. Managed subconsultants in other real estate activities including environmental engineers, appraisers, rifle companies, asbestos surveyors, business damage CPA's, and closing agents. Complexity of Project: Federal funding evokes acquisition and relocation under federal Uniform Acquisition and Relocation guidelines and requirements. Environmental issues, costs cause right of way to be redesigned. Strict adherence to dates that road has to be certified cleared for construction. High visibility project with high dollar condemnation. Over 200 relocations, 5-business damage parcels calculated. Sign relocations. Project under rime constraint since Governor Bush designates this roadway as a Mobility 2000 priodty road. 7. Timeliness of Performance: Acquisirion schedule on this Mobility 2000 Road on schedule for certification. 8. Evidence of Successful Performance: Current settlement rate is over 50%. Statewide rate is 48%. TUG U~ o~ di.nclo~tre of data contained on this ~heet is subject to ~ restriction on Ihe titl= pa~ of this prOlx=al Name: m The Urban Group, Inc DUNS No.: 14-854-394 PAST PERFORMANCE DATA SHEET Past Experience Project: Real Estate Administrator RFQ#075-2413-01/KR Project: Seized/Forfeited Real Estate Asset Disposal and Management Contract No.: MS-97-D0017 Client: United States Marshals Service (USMS) Southern District of Florida, Miami Office Start Date: May 17, 1998 (four option years) on-going Geographic Area: From the Florida Keys (Monroe County) through the large metropolitan counties of Miami-Dade, Broward (Fort Lauderdale), Palm Beach (West Palm Beach, and St. Lucie County, (Fort Pierce). The District includes nine counties and approximately fourteen hundred miles of coastline. Project/Program Manager: Mr. Burke Carstens, COTR (305) 536-7575 Government Contract Officer: Name: Corlis M. Lawrence (Past) Tel. No.: (703) 416-8994 Carolyn Hendricks (Present) (202) 352-8350 Total Contract Value: $9,984,200 with yearly minimum guarantee years. Authority: Title 28, United States Code, Section 524 (Department of Justice Assets Forfeiture Fund. Public Law 98-473, Comprehensive Crime Control ACt of 1984 and Subsequent amendments. TiUe 28, Code of Federal Regulations, Part 0.11~I(USMS authority to manage seized and forfeited property). List of Subcontractors: Statewide network of: thirty Realtors to assist in establishing comparable market analysis (CMA), Marketing and sales feasibilities, and Disposal. Five environmental consultants, two structural engineers, two architects. Various plumbing, electrical, roof contractors. Title companies throughout south Florida, and five state certified real estate appraisers. Closing agents. Number of Employees Assigned: This contract is operated from office locations in Fort Lauderdale and West Palm Beach. Nine (9) staff persons are assigned to this project: (1) Contract Manager. (1) Project Manager. (1) Title and Closing Facilitator. (1) Property/REO Sales Manager. (2) Account Clerks. TUG PAGE 2 PAST PERFORMANCE The Urban Group, ]:nc. (1) Review aPpraiser. (2) Property ]:nspectors (2) Property Specialists. All perform in adjunct cooperation with other South Florida Real Property. Sales and Acquisition and Property Management staff and administrators, to service using economies of scale and cost efficiencies. Sector: Federal Government (U.S. Department of Justice). Description of work: Marketing and Management of REO properties taken in forfeiture proceedings by the United States .lustice Department (USMS). Agents to USMS to preserve and protect real property inventory and then dispose of all real estate assets which include residential, vacant, .industrial, commercial properties, and environmentally sensitive and critical lands. Historically, eighty percent of the property is residential single family buildings; many seizures are of property such as multi-family complexes, vacant land, ranches, and .commercial buildings. Secure property at seizure and inventory appliances and fixtures. Participate in pre-seizure activities and analysis. Preserve and protect properties and order repairs as necessary with approval required for all work ordered or_er $500.00. Work performed on properties in remote areas. Requires 24 hours response time under adverse conditions. Marketing and sales using national Toll Free telephone number, and web site www.theurbangroup.com. Relevant Similarities to City of Boynton Beach Project: Property Management duties included monthly inspections, rent collection, leasing government properties. Pay utility bills. Seek waivers of liens and fines by appealing to municipalities. Represent US government on tax apPeals. Seizure and Forfeiture policies and procedures from pre-seizure analysis through sale and disposal. Active Real Property Sales Activity. Have accompanied US Deputy Marshals (USDM) on seizure to make property inspections, during which time property is secured, locks are changed, property is posted, inventory is taken. TUG Title and Closing Facilitator, Facilitates all closings. Cure title issues. Review closing statements for USMS and direct changes or corrections to the closing agents. Electronically marketing properties on TUG Web Site. List properties in Multi-Listing Services (MIS) and in board services in 5 county contract geographic area. Disposed assets include real estate in DF.A, FBI as well as USMS cases. Open bids. Prepare "best and final offers" when directed by COTR. Answer all inquires from general public and real estate brokers. Prepare invoices. Pay fines and liens for the government to reduce holding costs and to facilitate closings. Tnitiate evictions and prepare leases. TUG PAGE 3 PAST PARFORMANCE The Urban Group, Inc. Conducts initial seizure planning, property inspections and ordered repairs. Solve title problems to facilitate closings. Property Management maintenance service are cost reimbursable using CLIN's. 5 Timeliness of Performance and Deliverables: Closed :[1% of properties in under 30 days. Thereby, reduced holding time to :[46 days from 194 days. 98% of all HIS listings are installed within 7 calendar days inclusive of all property information. No deficiency funding last 6 quarters. Harketing and Management plans delivered within five days of Disposal Task order, 100 % of the time during current option period. Listings on web page by next business day 92 % of the time. Earnest Honey deposits and rent collections placed into Escrow Account by the second banking day, :[00 % of time. Inventoried and warehoused fully stocked liquor store, restaurant and. lounge within 36 hours of seizure amongst adverse community response. Accompanies USHD on seizures with 4-hour notice on unscheduled seizure activity. Evidence of Successful Performance: Initiated cures to title problems reducing holding time resulting in cost savings. Average time to close properties was reduced from 194 days to45 days. Closed :[:[ % of sales within 30 days of getting an executed contract. Completed the first year of the contract under budget. Properties listed in HIS within 3 days of order to dispose property. Since starting this contract on Hay 17, :[997 sold over $:[5 million in assets. Collected $232, 455.93 in rent from 6/97 to :[/2000. Background security information for all employees submitted within two days of contract award. Reviewed files at takeover and initial inspections completed within 6 days of contract award. In 3 months average time to close properties was reduced from :[94 days to 45 days. Increased sales to 92% of the asking price. Within six months of starting contract sold hard to sell properties held in inventory for over two years. Completed first year of contract under budget. Project cost was 9:[% of dollars allotted in Task Order. Established Web Site to sell properties with average of 300 hits per week. Supervised subcontractors. All vendor invoices checked and approved upon receipt so payments are within 30 days of receipt. Cured title defects to make closing happen. Review all closing statements, four days prior to closing. Represent USHS at all closings. Delivers closing proceeds to USHS on day of closing, but not later than next business day assuring that funds are accounted for immediately by next banking day. Accounting and audit reports delivered by the 15th of each month. The 'Urban Group has a joint operating account with the USMS. Honey in this account gets "swept" to the government. Since the contract started, this account has balanced every month. A check covering the balance is hand delivered by the 15th of the month. TUG Name: The Urban Group, Inc. DUNS No.' 14-854-4394 Project: City of Boynton Beach Real Estate Administrator RFQ#O75-2413-O1/KR PAST PERFORMANCE DATA SHEET Project: Land Acquisition Program-Airport Expansion Contract No. BC-75357 Client: Broward County Aviation Department Date: -]uly 1989-May 1998 Contract Officer: Name: Mr..]ack Lee, Director Telephone No.: (954) 359-6145 Total Contract Value: $3.2 Million List of Subcontractors Supervised by TUG: CDM~ Inc. Environmental engineers performing asbestos surveys, Phase i Environmental Studies on all single family and multifamily residential properties, and commercial and industrial properties. Directed six appraisers and three review appraisers to establish value for purchase and disposal orders. Supervised six demolition contractors. Supervised six lawn crews. Supervised Auction contractor Fisher Auctioneers, ];nc. Number of Employees Assigned: There were 12 staff assigned to work on this project. Personnel included: Project Manager who supervised the project. Accounting and bookkeeping staff to handle rent collections. Property inspectors and Property Specialists. 3. Sector: County Government. Federal Funding Sources m DescripUon of work: Broward County purchased over 800 single-family residences for the expansion of the Fort Lauderdale/Hollywood ];nternational. TUG served as both Project Managers and Property Managers. This was a $127 Million federally financed project. Families were displaced through condemnation because noise levels from the airport exceeded acceptable residential environmental compliance levels. TUG managed properties. Collected rents. Supervised demolition. Sold properties as surplus homes. TUG Usc or disclosure of data contained on this sheet is subject to the restriction on the title paBe of this proposal Page 5. Two-Past Performance-The Urban Group Relevant Similarities To This Contract: Required close coordination with the government sponsor. Staff was responsible for coordinating and facilitating closings. Staff was required to meet strict deadlines and time frames. Project Manager was responsible for oversight and quality control. High level of accountability. 3oint banking account "swept" fund to government on monthly basis. Supervised multiple disciplines of subcontractors. Accountable for collecting rent and paying subcontractors which was a pass through cost to the government. Was responsible for disposition of all County REO assets purchased in this project. Prepared bids for sale through auction of all REO. Complexity of Project Broward County appointed TUG as the temporary Project Manager when the County's Project Manager retired. After two months of performing the services at a high level, the County appointed TUG as the contract manager and our contract was amended with the expanded contract management services. 3im Nardi, who will work on this project, became the Project Manager. Like the this contract, during the contract period, TUG devised a procedure that conveyed purchased homes as occupied, leased the homes and collected rent until the homes were disposed of. ]:t required maintaining the properties and getting reimbursed through a County voucher system. The County and TUG had established a joint operating account where funds collected by TUG would be swept on a monthly basis into the Countyl--Is general fund. This required a special security clearance. The county audited this account three times without any findings of concern. Over 3 million dollars in rent was held in this account during the term of the contact. A major part of the project management was supervising subcontractors, particularly appraisers and closing agents. TUG was commended for this. TUG also exceeded its contractual Affirmative Action goals to hire DBE, and WBE contractors. TUG exceeded the goal of 20 % and sustained a 22% dollar amount, highest on any contractor on this project. Timeliness of Performance: Prepared bid documents for REO disposal to meet advertising deadlines. Late rent collections and delinquency rates were under 3%. All TUG Use or disclosure of data contained on this sheet is subject w the restriction on the title page of this proposal Page Three-Past Performance-The Urban Group m Demolitions were completed within 24 hours. Worked with County to get condemnation court cases quickly filed and ordered. ,. Key discussions relative to City of Boynton Beach: Service deliveries items: REO disposal, supervising contractors, accounting and invoice approval, property protection and preservation, eliminate hazardous condition, title issues resolved, meet with appraisers, meet with review appraisers, meet with contracting officer. Coordinate with environmental consultants, surveyors, and attorneys. 9. Evidence of Successful Performance: Sold all 601 mobile homes in project acquisitiOn area. Thereby removing prospect of having to demolish the mobile homes at a cost averaging -$2;500 per unit. Rent delinquency rate of 3%. Real estate market average is 10%. Prepare Hurricane Preparedness Plan prior to. south Florida being hit by Hurricane Andrew in 1992 and boarded up all vacant structures. Prever~ted damage to-properties and no claims of liability were sustained. Sold all mobile homes at auction, eliminated need to demolish and remove mobile homes, which cost $1, 500 per mobile home to move, even though they sold for $125.00. Coordinated asbestos abatement of over 100 properties. Collected rent to off set project costs. 3% delinquency rate. TUG Use or disclosure of data contained on this sheet is subject to thc restriction on the title page of this proposal Name: The Urban Group~ Znc. DUNS No.: 14-854-4394 Project: City of Boynton Beach Real Estate Administrator RFQ#075-2413-01/KR PAST PERFORMANCE DATA SHEET 1. Project: State Road 710 Right-Of-Way Acquisition and Relocation Project Riviera Beach, Palm Beach County, Florida 2. Client: Flodda Department of TransportaUon. District Four Office Project Manager: Mr. Van Neilly Tel.no.' (954) 777-4287 List of Subcontractors: Cromartie's Real Estate, :[nc. (DBE), A[A Employment, and (DBE) ENTEL Environmental-Engineers Number of Employees Assigned: Seven full time employees. 1 Project Manager. I Relocation Administrator. 3 Property Specialists. I Suite Coordinator. 1 Administrative Assistant. 3. Sector: Government 4. Description of work: This project involves the acquisition of four fee parcels and 94 mobile homes. Parcel types include two vacant land parcels, one vacant commercial building and the Palms Mobile Home Park containing 94 leased mobile home lots and 94 individually owned mobile homes. Mobile home park and mobile home is acquired through condemnation proccc'Jings as part of the Port of Palm Beach Skyway Bridge project. Relocation activities consist of establishing relocation benefits for all occupants of the mobile home park and assisting them in their move. All acquisition activities will be conducted in accordance with CFR 49 Part 24, Uniform Relocation Assistance and Real Property Acquisition Act. 5. Relevant Similarities: Purchase 4 fee simple parcels, and 94 households being displaced and need to be moved to new homes. Make offers based on Department appraisal. Negotiate sales and recommend settlements using settlement TUG Usc or disclosure of data contained on this ahcct is subjcct to the resection on the title page of this proposal Page Two- Past Performance- The Urban Groupf Inc. 3ustifications. Comparable housing (minimum of three comparables) were identified and provided to each displaced family. One person to large family households is being moved. Needed to find one, two, three and six- bedroom replacement housing. Mobile homes will be leased back to FDOT. Collect rent. Preparation of a N~.cds Assessment Survey (report), which is updated as necessary. Receive counteroffers from owners for consideration by Department. Calculated relocation benefits. Relocation benefits will be provided to each eligible displacee. Relocation advisory services are on going. Replacement hOusing calculations' prepared. Payment claims delivered to displacees. Provide title work for Mobile Homes. Attend closings After the properties are purchased, demolition of the mobile homes will be conducted in accordance with Department procedures. 5. Complexity of Project: Tenants began moving out before notices were delivered. Some move expenses had to be calculated twice. Surveys n,.~--cded to be redone. Some displacees will n~--cd to be relocated twice because replacement housing is not suitable. Discovered multiple households living together. TUG had to determine eligibility. Opposition from residents was high. Park owner was difficult to work with and prevented staff to enter the park to meet with tenants and mobile home owners. Staff worked hard to gain the confidence of the owners. 6. Timeliness of Performance: Project that started in December 1999 and was expected to end in December 2003 is ahead of schedule and will be completed by 3une 2001. N~.cds Assessment Survey (NAS) completed within 60 days, as SOW required. Completed study of comparable replacement housing within 30 days of NAS. TUG Use or disclosure of data contained on this sheet is subject to the restriction on the title page of thls proposal Name:The Urban Group, ]:nc. DUNS No.' 14-854-4394 Past Experience Project: Real Estate Administrator RFC~#075-2413-01! KR m PAST PERFORMANCE DATA SHEET Project: Area Management Broker (AMB). Contract rebid as a Real Estate Asset Manager (REAM) :1/94. Broward County, Florida Contract No. (s): 066-90-775 and HO4C9407:15:14000 Client: U.S. Department of HUD. REO Division Coral Gables Office Date: May 1990- March :1998. Contract Officer(s) Name: Angeia L. Dougherty, (retired), Al Cazzoli, Chief REO Tel. No.' 305-536-4652 project/Program Manager: Al Cazzolli, State Coor~linator, (305) 536- 4652 Total Contract Value: $779,000 List of Subcontractors: Grounds Maintenance, HUD vendor list for defective paint repairs. Board-up and pool covering. Roof Repairs. Number of Employees Assigned: Five staff: 2 Property l~nspectors, 1 Property Manager. Property Specialist, and (1 Real Estate Appraiser). Sector: Government. Federal funding sources. DescripUon of Work: Property Manager of FHA Foreclosures. Property Protection and Preservation services for North Broward County, Flodda. Responsible to prepare appraisals of all FHA foreclosed property acquired and conveyed into inventory. Manage custody held properties. Prepared Comparable Market Analysis used by HUD GTR to establish listing prices of HUD homes for sale. Keep property in appealing and Ready to Show condition. Developed strong linkage to real estate industry. REAM services performed including debris removal, grounds cam, and roof inspections. Code violation compliance representation. Relevant SimilariUes to This Contract: [nteracted with active real estate industry to sell HUD homes. Required a State Certified staff appraiser to establish listing prices. Same staff is available to perform review appraisal services for U.S. Customs Service contract. Developed TUG Use or' disclosure of data conta/ned on this sheet is subject to Ihe restziction on the title page of this proposal PAGE 2 PAST PERFORMANCE The Urban Group, Znc. 111 11 liaisons with municipal officials to quell violations. Government agent to represent HUD in tax appeals, lien hearings. Complexity of Project: As an AMB, with strong appraisal background and experience, established E]. just" pricing for HUD homes which reduced hold time to average of 120 days. Established a subcontractor list with highly performing vendors. Purged old list that had poor performing subcontractors. Strong ties to the local real estate community, which assisted in strong HUD home sales. Timeliness of Performance: Inspected properties within 48 hours of noUce of conveyance. Answered emergencies within 24 hours. NoUced taxing authodUes, HOA within 48 hours of conveyance. Evidence of SuccessfulPerformance: ]:n_two consecutive re-compete solicitaUons, TUG was awarded additional contracts with geographical area that encompassed Central and North Broward. TUG was highly regarded by Coral Gables office for effort to reduce fines from code enforcement liens placed on property pdor t foreclosure. This resulted in savings of hundreds of b~ousands of dollars dudng the contract period. Lien removal permitted properties to close and reduced the number of failed closing because of liens in half.: Coral Gables HUD Office reached sales goal dudng the period that TUG was the (AMB) Area Management Broker. TUG Use mcUsc, loeum of dit~ oontained on this sheet is subject to lite restz~l~°~ °n the tilJe ~ °f ~ ~ Broward County Aviation Department 1~00 Lee Wagener Boulevard Fort Lauderdale, FL 33315 (954) 359-6100 April 1, 1997 Mr. Phil Menniti The Urban Group 1424 South Andrews Avenue, ~200 Ft. Lauderdale, FL 33316 Dear Mr. Menniti: Let me take this opportunity to thank you and the rest of the Urban Group staff for the tremendous job you did for Broward County, Florida in connection with the 1987 Land Acquisition Program at the Fort Lauderdale-Hollywood International Airport. Since 1989, when your firm was.selected to provide property management services for the Land Acquisition Program until last- year, I found your work exemplary. Managing' over 900 parcels could not have been achieved without the professional asSistance from your firm. Everyone that I came in contact with in your organization possessed the knowledge and professionalism we were seeking. Personally I found your firm's assistance to be invaluable in performing the services we could not handle in-house. It has been a pleasure working with each member of your organization. Business Director JL: ai t~: ~O. L02 BROWARD coUNIY BOARD OF coUNTY COMMISSIONERS -- An Equc~ Oppodunlty Employ..__~ and Provider of Sewlces Norman Abromowfl'z Scoff I. Cowan Suzanne N. Gunzburger Ilene Ueberman Lorl Nonce Parrlsh Sylvia Poltler John E. Rodstrom, Jr. World Wide Web: hltp://www.co.broward.fl.us/fll U.S. Department of Justice United States Marshals Service Middle District of Florida DON MO~ U.S. MARSHAL United States Courthouse - 4tn Floor 801 North Florida Avenue Tampa, Florida 33602-4519 September 21, 2000 Mr. Howard Steinholz The Urban Group, Inc. 1424 S. Andrews Avenue, Ste. 200 Ft. Lauderdale, FL 33316 Subject: Contract No. MS-95-D-0047 Real Property Management/Disposal for the Middle District of Florida Dear Mr. Steinholz: I wouldfike to than.you and your staff, most notably Project Manager Jim Nardi, for the._ firm's excellent performance while serving as Real Property Asset Management and Disposal contractor for the. United States Marshals Service, (USMS) Middle District of Florida, Asset Forfeiture Unit. This project covered a large geographic area on both the Atlantic Ocean and Gulf of Mexico,' comprising of 35 of the 67 Counties in Florida. Your staff managed the project's diverse real estate invtntory in a competent manner and, maintained these properties in very good condition, particularly in consideration of the diversity and location of properties; and they performed timely and efficiently. Your efforts sought cost effective measures to manage USMS properties in order to reduce costs to the government. The Urban Group's reports were timely and, its files were well kept and complete. During the term of this contract your staff was exceptionally responsive to the needs of the USMS. Your staff was highly professional in dealing with the public, real estate professionals and with USMS staff. It was a pleasure working with the Urban Group. Program Manager "An Accredited Law Enforcement Agency" 20OO June 29,2001 Subject: Mr. Kevin Liston, The Urban Group To Whom it may concern: I am retiring from the U.S. Marshals Service as the Realty Specialist for the Southern District of Florida, with my last working day as Friday, June 29, 2001. In my opinion, with The Urban Group as our property management firm, it has been a positive experience for me personally. Having many years experience in dealing with private contractors, I have always found The Urban Group staff to excel in the performance of their work. The staff have often gone above and beyond what is required by the contract, have always been informative, cooperative, and address any inquiries or issues within the same or following day, or within a timely manner. With respect to Mr. Kevin Liston, I can honestly say that his knowledge of title, title insurance and real estate have many times resulted in successful sales and closings of properties that might otherwise have fallen apart prior to closing. Mr. Liston, has often - been able to get title companies to remove or modify unneeded title requirements and has often been able to suggest and propose successful alternatives to title requirements to effect a closing. Mr. Liston has in some cases been able to secure releases of interest or deeds when others are unable, facilitating a closing. Mr. Liston, working with and for me has often been able to assist in getting the highest and best prices possible for our properties. Sales Prices with the assistance of Mr. Liston have averaged from 92% to 98% of the appraised market value. Mr. Liston has often been able to negotiate bills, liens, encumbrances on our properties and gotten penalties reduced or waived and the total balance owing on the debt reduced. In my personal opinion, Mr. Kevin Liston regularly performs his work above and beyond what I have come to learn as being normal or typical in the real' estate field. Respectfully, _ C. Burke Carstens ]POST, BUCKLEY, SCHUH & General Consultant Florida Department of TransportaUon. Turnpike District interoffioe MEMORANDUM frma: Rick l-Iurstl//' k~../ ~ subject: December 1'9~7 Field Rcview and Produ~-tion Meeting - SR 80 dat~: December 4, 1997 As you know, on December 2, 1997 Bob Bush, Paula Warmatb, T.A. Andt~on and I had the opporttmity to inspect the project with Kirby Wright of the Fedcral I-lighway Administration. Mt. Wright also attended o~r production meetin8 on Deccmb~ 3. Mr. Wright was very pleased with thc status of the project. He evon asked in conversation what thc level of production was in Turnpike Right of Way. When Bob told him, he stated the reason he asked was ho thought thnt maybe we had a small workload that enabled us to take the extra time to do such a prot'essional job on our reports and documcnts. To thc contrary, Bob assured him that it resulted from having an experienced staff. We appreciatc the professional job that you, Rosemary and the Urban Group's stall'arc doing on ih_is project. Congratulations,. and keep up the good work. c: B. Bush M. Crumit I Z I I C~w~rr, o~ $qu~e Y, oulev~rd. ~ 300. Tallaha~t~. lrlc~da 32..'10! · Tt4epl~mw: 904/94Z.4018 * fax: Al~nb~ Administrate ,Service C~nt~r PJchard B. Russell Federal Building 75 Spring SUeeL S.W. Atlanta, Georgia 30303-3388 May 5, 1997 Mr. Howard Steinholz The Urban Group 1424 South Andrews Avenue, Suite 101 Fort Lauderdale, FL 33316 Dear Mr. steinholz: Thanks to you and your team for agreeing tc manage our B-UD properties in the Brevard area from January i, 1997 through April 30, 1997. Ernie Bantos and crew did a fine job, especially given the needed travel and extra workload. We realize ~U ~eceived a fair price for your services, but that does not always cover the full impact on an organization. It is nice to be able to rely on short term assistance from a competentC0~PanY. Again, %hank you ~0r a job Well done: very sincere~yours, Michael L. Swan Chief, Operations Branch Contracting Division REcEWED 6¥ FTI,, JLN.-O4'981THUJ 18:41 US MARSHALS TEL:?03 603 0636 P. O0~ ~ F~ [3q~ - .l~riadRcport:'Fmm October 1, 1993 To ~31, 199g 1424 SO~ 4 1 3 Mean ~m JUN.-[I'9~!?HU} iS:S,? JUN~-O4'gB(THU~ 18:4' 'i$. MA~SHAb~ ~XY'S L~S NARSHAbS T£L,:~03 60~ 01636 P. O03 ~pioymcn~ Daces Co~,en=~/Kating ConZracto:'a Review. ~e c~en~s, r~Ctal~, or addi:io~l ~fomtion ~ provided? W No [] Yes. ~lease a~Cm~ C~~,,.~ ~.~ J. / ~2. Con~raCCOr ~ame 14. ~Lna~ ~cings. ~-aaeeee :he Block 7 rac~gs based on contractor co~enca ~d · rating, if a~ropttate a~ revxew Re.sc block 7 _. · ~ality -- Cost C~CrO1 ~ Timelines~ ~ Team ,, ~d User__ Me~ S~re (Add :he ratings ~ve ~d divid= by n~er of areas cared) 15. Contraccin~ Officer Name . Phone/F~/Zn~e~e~ ~dress .~ Dace .... [] Final X] Interim - Period Report: From 4/1/99 '=~~~m~~ 2. Contract Number: MS-97-D-0017 Address: (Identify Division) 'he Urban Group, Inc. 424 South Andrews Avenue ~t. I_~uderdale, Florida 33316 To 9/30/99 3. Contract Value (Base Plus Options): $5,070,200. 4. ConWact Award Date: 04/24/97 ' Contract Completion Date: 04/23/02 ~ ~ Type of Contract;: (Check all that.apply) - - [X ] FP [ ] FPI [ ] FP-EPA [ ] Award Fcc [ ] CPFF - Completion [ ] CPFF - Term [ ] CPIF [ ] CPAF [X] ID/IQ [ ] BOA [ ] Require- ments [ ] Labor Hour [ ]T&M [ ] SBSA 8(a) [ ] SBIR [ ] Sealed ;Bid tX ] Negotiated [ ] Description of Requirement: Real Property Disposal and Management Services for the Southera District of Florida. 7 Ratings. Summarize conlractor performance and circle in the column o~_.the fight thc nu. mber' · erformance rating for each rating category. VleaS~ see page tm~ which corresponds to the · l~ation ofratin scal Quality Cost Conirol Timeliness of Performance Business Relations Customer Satisfaction (End Users) Conunents Comments Comments Comments of areas rated' 4 4 0 1 2 4 N~ N~ (Only cvaluat~ lhos~ kc'~ p~ id~tifi~l in K~ P~i da~) 9. Would you seloot this flint again? pi~as¢ e. xpitin. NO YeS · ~ ' 4. ~'- CONTRAC-T~R PERFORMANCE ILEPORT [ ] Final IX ] Imcrtm - Period Report: [:rom ~Seplcmber_l_~, 1998 .To ..Septembe~r_14, 19~) Addr~s: ([aemify Di~sio~) 3. Contntct YaluC (Bas~ Plu~ Options): ~8,994,159.80 Thc Urbtn Group, luc. 1424 South Andrews Ave., 4. C~mtmct Award Dnt¢: St~, 300 September 15, 1995 IFf.. Llud~dal4, FL 33316 Contzac~ Comp[~ion Date: September Id, 2001 ....... 5. Type ofConwnct;: (Check nil thl~t.epply) - - [X ] FI) [ ] FPI [ ] FP-EPA. [ ] Awn,~d F~ { ] cP~ - co~p~iou [ ] cPrg - Tm [ l~n~ [ ] cP~,~ {Xln~Q [ ] nos { m~ts ! l ~ber ~o~ t ] T~ [ ] SSS^ ~(.) [ } sum { l s~l m= {x ] ~e~oti~ ~Xl ,6, Description of R~quinnn~nC l~al Property ~,rvi~e~ for the District of Middle Florida 7, Ratings, S~_m~nsr~ cont~ctm' pe, rt'ormanc~ and circle In t~ c~lumn an ~h~ filet the number whi~d~ corresponds tn thc pcrformsnce rnting for ~ rati~ cation, Pleas~ s~ I)a~ thr~ fo~ Q u o cost Comn~nts bill,'n , ova- T~nclin~ Commea~ ' 3 4 Mean $m![_~dd ~e m~ngs abo~ and divide by~u_~ber of areas ~ted) , 8. K~y persofln~! (O~ly c~eluat~ those ~ personnel identified in Kc~ Pcrsonfl~i Emptoyn~nt Dates Cm~meflts/Rmtin~ Employment Dates 9. Would you s~lcct tl~ firm again? Please Quality ~¢_?~s above and dlvi~ 15. Con~c~ng 0~ N~e: Silgo: D~: Phon~n~ct A~d,~: _ PROJECT RATINGS LIST DIVISION OF ACQUISITION AND RELOCATION -. ,.. :~ .... .: :E:~i~? ~!:: C~:]ENT ' 'P~ARCEL~s::: RE£O'CA'TI_Og,~i: CONTA'CT pERSON' PEREORMAi~E ~E~ON D ~ ~ SR. 80 No FDOT Jonathan Pesewich, NIA 17 13 Florida Depa~nt ef January 2002 District IV Transpo~atien (9~) 777-4242. SR 911Turnpike Yes FDOT 23 27 Bob Bush, Average Gra~ Florida Oepa~nt of 93.3 March 1999 Turnpike Transpo~ation District (850) 488-4671. SR 60 No FDOT Van Inter~ Gra~ Indian River 48 7 Rorida Oepa~nt of 90.8 District iV Tra~po~ation F~rua~ 1999 (9~) 7774242, SR 805 No FDOT A~&-~w W~, Av~-~e Gra~ 41 5 Florida D~a~t of 92.6 F~ruary 1998 D~tdct iV Transpo~ation (9~) 777-42~ Oi~rict. Wide Relocation y~ FDOT Andrew Welb, inte~ ~-a~ NIA Various Florida Depa~nt of 96 Janua~ 2001 District IV Transpo~ation (954) 7774284 ~hob~ Blvd. Yes- FDOT Andrew Wells, NIA Relocation 0 48 Florida Dep~t of *- D~er 1993 On~ District IV Transpo~ation (9~) 777~284 Prope~ Managem~t- No FOOT Shannon Clarke, NIA Pr~ation and District VI Sev~ NIA Florida Depa~nt of Protection Transpo~ation (306) 470-61~ July 1995 SR 710 Yes FDOT Van ~, Florida NIA O~trict IV 4 97 D~a~nt of July 12, 2004 Tr~spo~ation (9~) 7774242 Fo~ Lauder~l~ Yes Broward Jack L~, Director of NIA Holl~ood international County 1000 709 Busings, Brow~d County Aviation Depa~t, Ai~o~ (9~) 359-6145 8197 SR 80 y~ FDOT Fred Ack~, Florida NIA District VI 173 131 Depa~nt ef Dece~er 10, 2004 Transpo~ation (954) 7774242 Libe~y Housing Y~ HUD & Urban Oliver Gross, NIA Co~uniW League of 97 97 Urban League of Mia~ Development Mia~ (305) 696-~50 June 1998 TUG Use ~ disclmure of dala c~e~ned oa ~L~ s~ is subjec~ to ~e ~sttiction on t~e title pa&e of~is p~ t n United States Marshals Service Seized & Forfeited Properties Ordered Sold The Urban Group Services USMS Seized & Forfeited Properties Ordered Sold ~- Private Listings I- Right of Way Pro|ects 1Employment Opportunities Properties listed here are Real Estate Assets owned by the United States Government. The Urban Group, Inc. is the exclusive sales agent for the United States Marshals Service. All offers must be submitted through The Urban Group, Inc. All inquiries are welcome. Call for information on how to submit an offer: Toll Free in Florida (888) 522-6226. Outside of Florida call (954) 522-6226. Licensed Real Estate Brokers are protected. 7/18/01 http://www.theurbangroUp.com/usmshome.html VACANT LAND Big Pine Key (Long Beach Estates Section A) 23,750 SF of vacant unimproved land. Oceanfront rectangular shaped lot located on Big Pine Key in the subdivision of Long Beach Estates Section A. The property is located on Long Beach Drive just south of Mile Marker 33 off overseas highway. The site is zoned IS (Improved Subdivision) district as single family residential. Note: Monroe County and or State building restrictions, moratoriums, and environmental issues may affect the use of the subject property. Sold "AS IS" Condition. Asking Price $120,000 (Contract Pending) Contact Mr. Kevin J. Liston ~ 1-888-522-6226 X-116 Toll free in Florida or (954) 522- 6226 X-116 IMPROVED PROPERTIES Miami Beach 5601 Collins Avenue Unit 1724 THE PAVILION CONDOMINIUM One bedroom one and one half bath unit located in The Pavilion Condominium, an 18- story oceanfront building on Collins avenue. The unit faces west with an intracoastal and bay view. Size 930 SqFt. Sold "A$IS" condition. Asking Price $160,000(Contract Pending) Contact Mr. Kevin Liston ~ 1-888-522-6226 x-l16 Toll free in Florida or (954) 522-6226 x-116 http://www.theurbangroup.com/usmshome.html 7/18/01 Miami 8325 SW 24 Street (Coral Way) WESTCHESTER One story single family house zoned semi-professional for offices. Property faces busy Coral Way. Handicap accessible and designated parking on site. Shingle roof. Approximately 2062 adj. sqft. 75'x100' lot. Sold "ASIS" Condition. Asking Price $325,000 (Contract Pending) Contact Mr. Kevin Liston ~ 1-888-522-6226 x-l16 Toll free in Florida or (954) 522-6226 x-l16 Pembroke Pines, F1 17558 SW 13th Street Lakefront one story detached Single-Family CBS home located in Sunset Pointe at Silver Lakes. Five-bedroom three bathrooms with screened pool. Two car garage, tile and carpet throughout. Barrel tile roof. Central air. Alarm system. Built in 1999. Sold "~tS IS" Condition. Asking Price $318,000 (Contract Pending) Contact Mr. Kevin Liston ~ 1-888-522-6226, x-l16 Toll Free in Florida or (954) 522-6226, X-116 NORTH JUPITER RANCH COLONY North Jupiter Single-Family Residence. 1001 SE Ranch Road. Martin County, Florida.Year built: 1996. Tudor style, Two story, 2,695 Total Adj. Area, 5- bedroom 3-bathroom house. Shingle roof. Detached two-car garage. Split central air http://www.theurbangroup.com/usmshome.html 7/18/01 conditioning. Spacious kitchen with refrigerator & range. Second floor master bedroom with large master bath. Laundry room with washer & Dryer. Tile and carpeting throughout. Fireplace. Screened patio with Jacuzzi. This home is in Ranch Colony on approximately 20-acres +/-. Security guarded entrance gate to residences. Ranch Colony quarterly maintenance: $617.00. Sold "AS IS" condition. Asking Price $672,625 iReduced Offers being accepted ..... Contact Mr. Kevin Liston ~ 1-888-522-6226 x-l16 Toll free in Florida or (954) 522-6226 x-l16 .- KEY BISCAYNE, FLORIDA 15 Harbor Point Single-Family Residence (Lorido Estates). Year built 1998. Three-story, app. 7,611 Adj. Sq. Ft., 8-bedroom 6 1/2-bathroom house. Pool. Gazebo. Tile roof. Two & one car garage with electronic openers. Split Central Air system. This home is located on Biscayne Bay. The home features spacious dining and living room areas and oversize bedrooms. Large open fully equipped kitchen with granite countertops. Separate Laundry room. Carpet and Marble floors. Custom doors and windows throughout this luxury home. Bathrooms have custom vanities and Jacuzzi with top of the line plumbing fixtures. Many more extras. NOTE: Property has not been completed and a Certificate of Occupancy has not been issued. Sold "AS IS" Condition. Asking Price $3,550,000 (Contract Pending) Contact Mr. Kevin Liston ~ 1-888-522-6226, x-l16 Toll Free in Florida or (954) 522-6226, X-116 7/18/01 http://www.theurbangroup.com/usmsh°me.html FORT LA UDERDALE, FLORIDA 2402 SW 42nd Avenue The subject property is a one story 3-bedroom 2-bath CBS single family house with 2,233 Adj. Sq. Ft. Shingle roof. Built in 1957. Large irregular shape corner lot. Swimming pool. Zoned R-2/Duplex. The Subject is in fair condition and needs work. Sold ".4S IS" Condition. ASKING PRICE $80,000(Contract iPending) Contact Mr. Kevin J. Liston ~ 1-888-522-6226, x-l16 Toll Free in Florida or (954) 522- 6226, x 116 PALM CITY, FLORIDA 1320 S.W. 25th LANE One-Story Single-Family Residence (Fox Run Phase I), 4-Bedroom 2 baths with 3-car garage. 2,994 Adj, Sqft. Year built 1982. Shingle roof. Central Air. Screened Swimming Pool. Dock. On canal with ocean access. This home features spacious dining and living room areas. Double front doors. Large kitchen. Sliding glass doors to pool and patio area. Area Features: Martin County Airport, Crane Creek Country Club and Golf Course, Mid-Rivers Yacht and Country Club, St. Lucie Inlet State Park, and Ocean East Mall. Schools: Palm City Elementary, Martin County High School. Sold "A$IS" Condition. ASKING PRICE $215,000.00-(Contract Pending) Contact Mr. Kevin J. Liston ~ 1-888-522-6226, x-l16 Toll Free in Florida or (954) 522- 6226, X-116 For More Information Contact The Urban Group, Inc., Licensed Real Estate Broker, Exclusive Agents to the United States Marshals Service, 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316 http ://www.theurbangroup.com/usmshome.html 7/18/01 (954) 522-6226 or (888) 522-6226 Toll Free in Florida Special note to Real Estate Brokers: Ail Offers must be submitted on a U.S. Marshals Service form Contract, with accompanying addendums and disclosures. No representation or warrant is made as to the accuracy of the desired property information. This offer may be withdrawn without prior notice. E-mail: urbanmaster~theurbangroup.com http://www.theurbangroup.com/usmshome.html 7/18/01 INSURANCE POLICY AND D~Jc-~> r,v~ ,~-~ ................... --This is to Certify that -'E URBAN GROUP, INC. 1424 SOUTH ANDREWS AVENUE Name and address of Insured. LIBERTY F~. LAUDERDALE, FL 33316 1 · . · 'ficate insured by the Company under the policy(les) listed below. The insurance afforded by the listed, policy(les) is sub at the ~ssue date of this ce.rtl _..: ........ ~A.~,~ ~. ..... ,=nuirement term or condition of any contract or other document with respect to whi :heir terms, exclusions ana conal[ions an(3 [~ l,u~ a~=.=u ,~7 -";r rw.~ , TYPE OF POLICY EXP. DATE POLICY NUMBER LIMIT OF LIABILITY COVERAGE AFFORDED UNDER EMPLOYERS LIABILITY WORKERS [] CONTINUOUS WC LAW OF THE FOLLOWING COMPENSATION [] EXTENDED WC1-151-272365-031 STATES: Bodily Injury By Accident Each [] POLICY TERM $500,000 Accident 01/01/2002 Florida Bodily Injury By Disease $500,000 Limit Bodily Injury By Disease Each $50O°OOO Ge~ggregate - ~1 ~tio GENERAL LIABILITY 1/1/2002 yy2-151-272365-011 $2,000,000 =roducts/Completed Operations Aggregat Included in General Aggregate []OCCURRENCE Bodily Injury and Prope~'y Damage Liability Per $1,000,000 occurrence "]CLAIMS MADE Personal Injury Per_Person' $1,000,000 Organization RETR~ Other Fire Legal _ $100,000 ~ Other Med Pay-$5,000 ~ Each Accident - Single Limit ~,UTOMOBILE LIABILITh 111/2002 AS2-151-272365-041 $1,000,000 B,I. and P.D. Combined Each Person [] OWNED Each Accident or Occurrence [] NON-OWNED Each Accident or Occurrence [] HIRED OTHER )DITIONAL COMMENTS IAdditional Insured as respects General Liability: D I Y, Inc. -c'~f the certificate expiration date is continuous m' extended term, you wilt be notified ff coverage Is terminated ¢x reduced before the cedificate expiration date. 1 APPLICATION OR FILES A (;~,a~ ~ ............ lOUT THIS CERTIFICATE FOR M'[ ~ .... ~'~':: .., ce ,~==iC~= MAILING ADDRESS ~/~Y ALSO BE OBTAINED BY CALLING THIS NUMBER. cORNER OF THIS CERTIFICATE- THE APPROPRIATE L~r..a~. ~'~-~e .... NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS EHTEREO BEI.OW.) BEFORE ~E STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED qDER THE ABOVE pOLICIES UNTIL AT LEAST XX DAYS nOTICE OF SUCH CANCELLATION HAS SEEN MAILED TO:. 5off CERTIFICATE Ft. Laud; tOLDER ;E PHONE NUMBER DATE ISSUED -J -his certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Compan BS1501 A STOCK COMPA;~N~. ~ ~~~ \-'~'r~'r'J"~ - CH ICAGO. ILLIN~ ~ ~'"~ ~ ~ ~'~,i. ~.,~ ~ ~. '""' '~ ~ ~ ~ Carri~f~ d,, ~ ha~e~e ~o~ ~ the ~'l..,~. DECLARA~ONS pROFESSIONAL LIABILITY ERRORS & O~I~ION~ INSURANCE ~Hts IS A CLAIMS MADE POLICY Broker No.: 9991532 AGENCY MARKETING sERVIcEs, INC. Item 1. Named Insured: THE URBAN GROUP, INC. Item 2. Address: 1424 SOUTH ANDREWS AVENUE, FORT LAUDERDALE, FL 33316 Item 3. Item 4. Limit ot Liability: $ Named Insureds Profession: See Endorsement # 1, 250,000 Item 5. Deductible: $ 5,0 0 o Item 6. Notice of Claim to: No.: LM40958337 Renewal of No.: NEW SUITE 200 LMP E32 Each Claim and in the Aggregate induding Claim Expenses. Each Claim including Claim Expenses. Wilson, Elser, Moskowitz, Edelman & ~ 150 East 42nd Street New York, New York 10017 Item 7. Policy Period: Inception Date: 1/01/01 .Expiration Date: 1/01/02 12:01 A.M. Standard Time at the address of the Named Insured herein. Item 8. Retroactive Date: 12/15/92 Item 9. Date of Application: 1 / 01 / 01 Item 10. Item 11. Premium: $ 6,562.00 Extension Period: 12 MONTHS Item 12. Extension Percentage: 75.00% Attachments: (1) 461823, (2) 461835, (3) 461811, (4) 461812, (5) 461847, (6) 461917, (7) 462015. This Policy has been signed Dated_ki.O. JkLQ.3~ 410117 (1/98) ORIGINAL ~:0 >. I- Z 0 0 UJ I I I I .i I ~. ! t ! I ] '1- I- Z PERSONAL PROFILE The Urban Group~ Inc. HOWARD W. STEINHOLZ PRO3ECT: City of Boynton Beach, Real Estate Administrator Services PRO.1ECT ASSIGNMENT: Contract Manager, Community Liaison, Contract Negotiations, Quality Assurance and Quality Control. RELATED EXPERTENCE: In his career in Urban Planning and Community Development, Mr. Steinholz has worked chiefly in governmental projects, in either the private or public sector of service. His service has been with projects of a very diverse nature, but grounded in real estate services. He has gained a keen ability to work within in high visibility, and heavily scrutinizes, highly confidential government projects with elevated levels of accountability, quality assurance and cooperation expected when working with government procurement on federal, state or local levels. ._ While working for the City of Hialeah, Florida (Miami), he directed a $6 million Community Development Block Grant (CDBG) housing rehabilitation program, which 'fixed and repaired over 8oo' single-family homes. For the City of Niagara Falls, N.Y., he worked on the Love Canal Relocation Project. This was the naUons foremost toxic waste and environmental clean-up He expanded his program management experience working on various state and federal government real estate related (REO) projects. Loaded with his both project and contract management experience, he went on to privately develop and manage over 1,000 HUD multifamily units in Florida, as the founder of The Urban Group, ]:nc. Cl'UG), an owner/developer of governmentally funded housing, as well as private commercial development. ]:n 1982, Mr. Steinholz in joint venture partnership received a $11 million HUD Housing Opportunity Action Grant (HODAG) to construct a 234-unit housing projects in Miami. As a result the company's growing reputation, TUG established a consultancy to assist government and non-profit corporations to develop affordable housing. TUG's project and program management client base reaches to faith organizations, like the Archdiocese of Miami with over 1,800 housing units, to Community Development Corporation's like NOAH in rural Belle Glades, Florida. Under his direction, NOAH built 150 housing units with Section 202 Housing Program funding. From funding application through construction and rent-up, Mr. Steinholz was responsible for managing I~rograms and projects, while providing oversight of real estate development teams consisting of contractors, architects, attorneys, and property managers. The average development project cost was $7 million dollars. TUG Use or di~cionure of c~ta confined on ~hil sheet b sub~ to ~¢ resn'iction on t~¢ tide pn~e of ~his pro~sal Howard W. Steinholz Page Two In his administrative roll, as the head of The Urban Group, Inc., Mr.'.Steinholz supervises a staff of 28 persons with experience and backgrounds working various aspects of real estate. Work ranges from appraisal (A), to board-ups (B), to Construction (C). His project and contract management skills will be a great contribution to this project. EXPERIENCE SIMILAR TO THIS REAL ESTATE ADMINISTRATAION Project: As the Chief Operating Officer, Mr. Steinholz led the company into government REO related Property Management services. He is the Contract Manager for two Seizure/ Forfeiture Real Estate Asset Management Contracts for the United States Marshals Service. These include: USMS Southern District of Florida Real Estate Asset Management and Disposal contract with a total contract price for 2000 of $9,984,200 and the USMS Middle District of Florida Real Estate Asset Management and Disposal contract with a total value of $7, 159,327. He is technically familiar with real estate sales and negotiations in the acquisiUon process. currently leads the property acquisition team on a project to purcahse real estate for the City of Lauderdale-By- The- Sea. This experience will reduce any performance risks to the City of Boynton Beach. Security and accountability of files, rent collection, information controls, and physical protection and preservaUon of assets, is primary in his leadership of the contracts. He has His oversight of tiUe and closing issues and has reduced the length of time real estate closings occur in the US Marshals Service contract, by instituting title reviews upon Task Orders to sell assets. Marketing efforts using the TUG web site, and toll free telephone numbers has increase the number of offers make on assets and reduce the market time. He has accompanied Deputy U.S. Marshals on seizures, and has devised new procedures and revised record keeping, and filing systems to be more accountable to the USMS. A computer record or Activity Log tracks all contacts and calls relating to the asset. Staff training on forfeiture and understanding of the process is schedules on a quarterly basis. He prepares training meetings so that various staff members receive technical cross training on all aspects of seizure and forfeiture process. As the Program Manager for these two USMS projects, he has improved on deliverables, and performance time. Invoices and accounting reports have had no deficiencies in the last three-quarters of this year. His management as assured the quality and accuracy of accounting systems. The income "sweep" account has balanced every month since the start of the contract. He directed five HUD REAM contracts with combined revenue in 1998 of $2,624,900. He is responsible for recruiting, hiring and training all personnel in HUD REAM, USMS, and FDOT real estate service contracts. Performs over site management for all subcontractors and outsource staff. Oversaw over 300 vendors in remote offices TUG Usc or disclesute of data comained ea this sheet is subject to the rcstriclion on the title parc of this proposal Howard W. Steinholz Page Three throughout Florida. Works with Contracting Officers (CO) for HUD, USMS, and other state and local Government Technical Representatives (GTR's), as he managed various contracts worth over $20,000,000 in the last 7 years. Company REO services expanded to include condemnation appraisals. The first contract with FDOT was for $384,000. The appraisal contracts included Property Tax Appeals. For Lennar Homes, ]:nc. an $8 million reduced assessment effectuated a $200,000 tax savings. For the last three years, He has been the Contract Manager for right-of-way contracts worth $3,517,173 involving 547 fee parcels. He set up staff and subcontractor training seminars, organized company educational and professional development programs, and collateral materials and manuals. Established company's "Mentor" program for DBE firms. Prot~g~ firm Cromartie Realty Services, is now a sole source contractor. CREDENTXALS Florida Licensed Real Estate Broker # BK-0347024 since 1981. Vice Chairman, City of Lauderhill Zoning Board 1993-96. Director, State of Florida Housing Coalition, Tallahassee, 1991-97. Director, Florida Asset Managers Association (FAHA) 1995-97. Board of Realtors, Miami, and Ft. Lauderdale. Member ]:nternational Right of Way Association (IRWA). 1999 Recipient of Chapter 76 Outstanding Recognition Award. EDUCATXON Florida Atlantic University, MPA 1982 FSU Moran Institute of Global Entrepreneurship, 1996 Use or disclem~re of data contained on this shee~ is subjec~ to ~e t~'tric~on ~ the title p~e of this PERSONAL PROF]:LE The Urban Group, :[nc. .1AMES NARD! PRO3ECT: Real Estate Administrator For The City of Boynton Beach PRO.1ECT ASS:[GNMENT: Project Administrator RELATED EXPER[ENCE: Hr. Nardi is the Director of Real Estate Asset Operations for The Urban Group, Inc. He supervises a staff of eight government Real Estate Disposal and Property Hanagement Services personnel. His duties require that he provide quality assurance and control oversight on all subcontractors required for Acquisition and Preservation and Protection all Government REO project properties. InCluded in his management is oversight supervision of real estate brokers and agents, closing attorneys and a wide range of vendor services, i.e. roofers, plumbers, electricians and landscapers. Mr. Nardi's was the property management administrator for TUG, working in conjunction with the Broward County Aviation Department. His expertise includes inspections, inventory of acquired property, start-up of work identified in 'the scope of services for contracts under his supervision, implementation and management of contracts, and contract subcontractors. Additionally responsibilities included research for Federal Aviation Authority Grants, processing tax information and administering County invoicing procedures for subcontractors. Mr. Nardi stepped into the role Project Manager. as Project Manager for the -Broward County Aviation Department, Land Acquisition Program. This $127 million project was funded by the Federal Aviation Administration. At the time it was the largest federally funded airport project in the state. Mr. Nardi's Program Management skills included preparing and opening contractor bid, preparing legal notices for sale and removal of surplus property in the acquisition area, coordination of work between appraiser and agents, ordering, inspecting and approving the work of over 50 vendors. Oversight of demolitions and environmental Phase I surveys, asbestos removal and hazardous waste removal. Hr. Nardi assumed Operational Director duties, which encompassed the supervision and the performance of six, Real Estate Asset Management, (REAM) contracts. The REAM contracts inventory totaled 1,700 HUD owned REO properties conveyed to the government through foreclosure proceedings. He supervised a staff of twelve foreclosure specialists. TUG Us~ ~' disciosu~ of ~ coomncd on th~s shcct ~s subj.-ct to ~c r~mcnarl o~ ~h~ tntle Dnse of thts ~ 3ames Nardi Page Two EXPERIENCE SIMILAR TO THIS REAL ESTATE ACQUISITON PRO3ECT: From 1995 to present Mr. Nardi has been assigned as Director of Operations for two United States Marshals Service Real Property Disposal/Management Contracts covering most of the State of Florida. As a Single Point of Contact (SPOC) for both USMS contracts, Mr. Nardi has become well versed in the Comprehensive Crime Control Act of 1984 and Title 28, Code of Federal Regulations, Part 0.].:L:L, as well as several other Authorities for forfeiture. More particularly, Mr. Nardi has focused on the United States Department of Justice's, (DO.]) responsibility to manage and dispose of seized assets. This experience has assisted the United States Marshals Service reach their objective for efficient disposal and management. Mr. Nardi quickly realized that obtaining the best market, price for the USMS is important, however just as significant is closing the sale. This required Mr. Nardi to develop a statewide team of attorney's and closing agents who understand forfeiture proceedings. Mr. Nardi has placed himself in the role of liaison to the Assistant United States Attorneys and the Attorneys for the closing agent. This has created a superior work effort which results have proved effective. Mr. Nardi has embraced the tools of the DO.] as his own, to effect positive resolve. Under his tutelage the program has seen swift disposition with maximum returns. With the big picture in mind Mr. Nardi knows this production EDUCATION: Miramar High School, Miramar, Florida - High School Diploma; Broward County Community College - Pre-Law - Attending CREDENTZALS: ]:nternational Right-of-Way Association Member (TRWA); Florida Licensed Real Estate Salesperson # SL-0616505 TUG Use or disclosure of dat~ contained on this shee~ is subjec~ to thc rcsu-ic~ea on the title pqe of this pm~sa] PERSONAL PROF];LE The Urban Group~ ];nc. KEV];N .1. LISTON PRO3ECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASSIGNHENT: Real Property Title and Closing Facilitator, Suit Preparation, Title and Tax research, Review Legal Descriptions RELATED EXPEI~ENCE: Mr. Uston duties as Project Manager-Acquisition includes the initial contact and negotiation with the subject property owners for the ultimate conveyance to the city/municipality. Contract negotiation and execution begin the closing-conveyance task. Reviewing title commitments, surveys, appraisals, financing and document procurement are all included in the title and closing facilitation process. _ Mr. Liston is working on the Excess Surplus Property Inventory contract for FDOT in District 4. He is the Program Manager of The Urban Group's Real Estate Asset Management Division, and works in the Seized/Forfeited Real Estate Asset Contracts in both the Southern District and Middle District of Florida USMS projects. His responsibilities include rent collection, initial inspections and inventory of real estate and personal property, bi-monthly inspections, examinaUon of ownership and encumbrance reports for title work for the sale and closing of United States Marshals Service seized and forfeited properties. As a member of The Urban Group's Real Estate Management Team, Kevin's skills as a tiUe examiner serve to effect the sale and closings for the United States Marshals properties seized by the United States Marshals Service. He is the key disposal agent for all real estate assets in inventory and prepares marketing and management plans. He completes net equity assessments and equity analysis. He accompanies Deputy U.S. Marshals on seizures and prepares the all seizure reports. His has knowledge of the forfeiture process and procedures. Mr. Liston works with the US Marshals Service in negotiating sales prices with buyers. He prepares the sales Contracts and addendums as required. Mr. Liston works with all interested parties effectuate the closing. In instances when properties are seized by USMS with innocents tenants, Mr. Liston prepares the lease agreements per USMS terms. He reviews all closing documents and attends the closings While at CitiWest Properties, Inc., a HUD Real estate asset management firm, Mr. Liston was responsible for the Quality Assurance of appraisal reports for compliance with TUG Use or discl~ure of data contained on this sheet is ~ubjec! t~ the tcs~riclion on the title pa~e of ~hi~ ~ Kevin Liston Page Two Department of Housing and Urban Development (HUD) guidelines... Further responsibilities and duties included the monitoring of work performed by the Real Estate Asset Management section. This included review of title reports for the identification of title problems and encumbrances for resolution. While working at Mortgage Related Services, Inc., and Qualified Mortgage Services, Inc. from 1991 to 1998f Mr. Liston's responsibilities and duties included real estate and insurance inspections of properties in the company's North Dade and South Broward District. Further responsibilities included interaction with pre-foreclosure and post- foreclosure procedures in real estate disposition work. At Lawyers Title insurance Corporation from 1985 to 199! he started the direct closing operation for Lawyer Title Insurance Corp (LTl:C), which is now part of the.largest title underwriter in the USA. His duUes included managing the department responsible for closings for LTIC. While at LT[C, Mr. Liston was called upon. as an. expert witness in Court concerning the validity of title insured by the company. ._ At Title Insurance Company of Minnesota (TJCOM) from :L973 to1985, Mr. Liston began his career in the title business, starting out as an agency representative accounting for and reviewing insurance title commitments, owners and mortgagee policies issued by the company's corporate and attorney agents. EDUCATION AND TRAINING; Memphis State University, Memphis, Tennessee University of Miami, Miami, Florida Mortgage Banking Institute, Mortgage Law I, II and III Florida International University, Miami, Florida - Real Estate Law PROFESSIONAL ASSOCIATION; Licensed Real Estate Broker, State of Florida Florida Real Estate Appraisers Certification (CAI) TUG USe or disclostn'c o(data coutaJncd mt this sheet is su~ect to thc FeSt~CfiOO On the title pa~e of'this PERSONAL PROFILE The Urban Group, Inc. 30SEPH F. MILLER~ ASA PRO.1ECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASSIGNMENT: Review Appraisal Administrator PROPOSED RESPONSIBILI'I'[ES: Coordination of Appraisal Activities including selection of appraisers, review of appraisal reports, coordination with acquisition agents and assistance in settlement negotiations and lawsuits. RELATED EXPERIENCE: Mr. Miller's background includes 18 years of experience in real estate acquisition, appraisal and litigation for governmental and private sector projects. His primary focus has been related to Appraisal, Consultation and Litigation Support for Eminent Domain and other types of acquisition projects during this time period. During his career Hr. Hiller' h.a_s prepared appraisals or provided significant professional assistance on over 1,000 parcels. Since 1990, Hr. Hiller has been the Appraiser of Record on three (3) projects for the Florida Department of Transportation (District IV) and on approximately twenty-five major projects for a variety of clients including County governments, Cities and other condemning agencies such as South Florida Water Hanagement District and the Florida Department of Environmental Protection. A major focus of Hr. Hiller's career has been related to assisting municipalities in their acquisition projects primarily through preparation of appraisals including the following sample of cities: Hr. Hiller has provided Review Appraisal Services and General Real Estate Consultant Services to numerous public agencies and municipalities throughout South Florida. A sample of these projects included the following: Sawgrass Expressway: Hr. Hiller was the senior associate assigned to the project. The firm was responsible for Review Appraisal and right-of-way acquisition coordination involving a 30-mile corridor encompassing approximately 100 individual parcels. Two appraisal firms were assigned to the project and two acquisition agents. Hr. Hiller prepared review appraisals and coordinated the activities of the acquisition teams and advised the lead attorney for the Broward County Expressway Authority during the acquisition phase of the project. Reference: Samuel S. Goren, Esquire (954-771-4500) TUG U~ ~' di~lo~ur~ of d~ comained o~ this she~ i~ ~ubj~ to the r~icfio~ ca ~he tiflc I~8~ of ~hi~ pm~x~J 3oseph Hiller Page Two City of Fort Myers Community Development Block Grant (CDBG) Program - Velasco Village: Mr. Miller prepared dozens of review appraisals of individual appraisals utilized to purchase single family lots in a Community Redevelopment Area known as Velasco Village. The review appraisals were prepared according to Federal Guidelines under the Uniform Relocation Act. Reference: Mr. Steven Snee, Director, Community Redevelopment Agency (941-337-4111, ext 211) City of Coral Springs - Charter School: Review Appraisal(s) of a 300,000 square foot enclosed shopping mall being acquired for adaptive re-use as a Charter School. The assignment included the review of two (2) separate appraisals and a reconciliation of divergent opinions for the purpose of acquiring the property. Reference: Mr. Samuel S. Goren, Esquire (954-771-4500). Park Acquisition Site - City of North Miami Beach: Review Appraisal(s) of two (2) separate appraisals being utilized in the acquisition of an aging 100,000 square foot neighborhood shopping center being acquired for expansion of a neighborhood park. Reference: Mr. Gary Wohlfarth, Director of Economic Development, City of North Miami Beach (305-94§- 2963). Small Business Administration - 94 Properties: Mr. Miller was the Project Manager for this Urban Group project involving the appraisal of approximately 94 properties located in five (5) southeastern states including Florida covering approximately 20 separate counties. Mr. Miller was the Appraiser of Record on approximately 25 of the assignments and further, was responsible for review and coordination of a team of appraisers over this wide geographic area. The first phase of this project (88 parcels) was completed on time within two months of the notice to proceed. Further, as the sole Appraiser of Record, Mr. Miller completed the final phase in 30 days (7 appraisals covering six counties). Further, Mr. Miller has been involved in thousands of individual parcels involving hundreds of right-of-way and other public acquisition projects including assignments for condemnor and condemnee clients. Mr. Miller is a member of the Association of Eminent Domain Professionals and is conUnuously updating his knowledge of issues relating to the appraisal of property within Florida Condemnation law, policies and procedures through his experience and active work within the industry. Mr. Miller has testified in court as an expert witness in Broward, Palm Beach, Martin, Dade, Collier and Lee county courts and in Federal Bankruptcy Court. TUG Us~ ~ "l;scl~u~ of dlZt coflmlnecl o~ this sheet is subj~t to the r~s~ct/ofl off thc t/fie p~Q of this 3oseph Miller Page Three CREDENTIAI-~: State Certified General Real Estate Appraiser # RZ0001402 Accredited Senior Appraiser (ASA) - American Society of Appraisers Member of the Association of Eminent Domain Professionals (AEDP) EDUCATION: Southern Illinois University, Carbondale, Illinois Florida Atlantic University, Boca Raton, Florida Successfully completed the following appraisal and real estate related courses at FAU: * REE 4040 - Principles of Real Estate * REE 4103 - Principles of Real Estate Appraisal * REE 4104 - Income Property Appraisal * REE 4433 - Real Estate Law * REE 4204 - Real Estate Finance Completed the following courses/exams of the Appraisal Institute: * 1A-1 * 1A-2 * 1B-A * 1B-B * SPP * 2-1 Real Estate Principles Basic Valuation Procedures Capitalization Theory and Techniques, Part A Capitalization Theory and Techniques, Part B Standards of Professional Practice Case Studies of Real Estate Appraising Completed the following course at Edison Community College * REE 2401 Real Estate Broker Class Successfully completed the following exams given by the American Society of Appraisers: Open Group Examination - Comprehensive Principles of Appraisal Practice, Code of Ethics, and Uniform Standards of Professional Appraisal Practice Exam TUG Use or discl~tu~'e of ditJ c. omamed ~ this sheet ~J su~ec~ to t~he ms~nc~on on the t~fle p~c of th~s proposal 3oseph Hiller Page Four Speaker/Presentation Ream Conference (Sponsored by The Urban Group, ]:nc., Fort Lauderdale) Presentation of Real Estate Appraisal - introductory Basics Fort Lauderdale, FI (April, 1993) Presentation of Appraisal of Development Property in South Florida South Florida Water Management District Seminar, Key Largo (May 1997) Seminars - Miscellaneous Classes (Partial List) Mock Trial - Appraisal Institute (3uly 1993) USPAP Core Law Class - Gold Coast (November 1994) Environmental Site Assessment - Phase I Audit (December 1995) Commercial Construction - Appraisal Institute (May 1996) USPAP - Bi- Annual Update - ASA (.luly 1996) Loss Prevention Seminar - Appraisal Institute (May 1998) USPAP Continuing Education Class - 8J-Annual Update - ASA (August 1998) Eminent Domain/Condemnation ' ApPraisal Institul~i~. (september" :[998) USPAP Core Law Class - Appraisal Institute (september 1998, September 2000) Numerous Quarterly AEDP Seminars TUG Use or dilcloma'e of dat~ comalned o~ this sl~eet is subje~ Io ~e ~t~ction on ~e title pa~e of ROSEMARY MONACO PERSONAL PROF:[LE The Urban Group, :[nc. PRO.1ECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASS:[GNMENT: Senior Acquisition Specialist RELATED EXPERXENCE: The Urban Group, :[nc.: August 1996 to Present Ms. Monaco has completed her role as the Project Manager on the State Road 80 Interchange at Florida's Turnpike (SR 91). This project consists of the acquisition of twenty-five properties and twenty-three relocations. In August of 1996 she managed the Knight Manor Project, reviewing Replacement Housing Payment Claims. The Guidelines for this Relocation fell under the Uniform Relocation Assistance and Real Property Acquisition Act (49CFR) and Section 104(d). This assignment was completed in December 1996. '- Florida Department of Transportation, District :[V: November 1987 to August 1996 3uly 1995 to August 1996: R/W Consultant Operations Rosemary was promoted to Project Manager and was responsible for managing four consultant projects and the District's first IS'T-cA Project. She managed and coordinated the acquisition of the Lake Okeechobee Ridge Trail, a 200 acre site for the future hiking- biking trail. She also retained her duties as agent on the Powerline Road and 17th Street Causeway Projects. She was a member of the RWC Steering Committee and continued to utilize DOTNET (RWC & TSO) as a management tool. November 1988 to 3uly 1995: R/W Consultant Operations Rosemary transferred to the Consultant Section, where she began assisting the Project Managers with the activities of a R/W Consultant. The Projects she assisted on included 1- 595, and the !-95 HOV intersection improvements from Palm Beach to Broward County. Beginning in 1989, she was a member of the Technical Review Committee, selecting R/W consultants for contracted projects. She also performed the duties of an Acquisition and Relocation Agent on several projects. Rosemary also took on the responsibility of managing the RWC System for Consultant Operations. She developed a system and was highly recognized for her participation and training of consultants in this area. She graduated from the Specialist ! Training Program and was promoted to a Specialist !!, in TUG Use ~ discleaure of dali contained o~ thil shee~ is subject to d~e resection o~ the fide page of this proposal Rosemary Monaco Page Two August of 1990. In 1991, she participated in the Department's Value Engineering Workshop. She continued her duties and worked on the Sheridan Street 1-95 Interchange Project Which consisted of primarily of all whole take acquisitions, both residential and commercial. She was again promoted to a' Specialist III. During her year as a Specialist III, she assisted both Claire Tronel and Van Neilly on the Pembroke Road, Roosevelt Bridge, Griffin Road, and Okeechobee Road expansion Projects. She began the role of Project Manager on her own during the absence of a manager on maternity leave. She also was selected and began the Departments Certified Public Manager Program. November 1987 to November 1988: Property Management Rosemary began her Right of Way career as a Specialist ! in the Property Management Section. She was responsible for management, disposal, inspection and inventory of improvements, and' supervising the removal thereof, preparation of real property demolition estimates, and preparing cost estimates. She started the Dep.artment's I~ Specialist Training Program. _ EDUCATION: The Florida State University - B.S. Degree - August 1987 Broward Community College - A.A. Degree - August 1985 The Florida Department of Transportation R\W Specialist Training Program PROFESSIONAL AFFiLiATIONS \ L~CENSES: Florida Real Estate Salesman License # SL0549369 International Right of Way Association Member and Chairperson TUG Us~ or discl~ure of ~lnta contnined on dtb ~ is subje~ to the res~c~io~ on the due p~e of fl~is proposal PERSONAL PROFZLE The Urban Group, Znc. BR~AN GORHAM PROJECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASSIGNMENT: Senior Property Management Specialist RELATED EXPERZENCE: Mr. Gorham has worked on several right of way projects in the field of property management, acquisition and cost estimating. These projects include the Suncoast Parkway, Polk Parkway, Veteran's Expressway, Sawgrass Expressway, and the Florida's Turnpike for the Florida Department of Transportation (FDOT) Turnpike District. Other projects for FDOT District 4 include SR 809 (Military Trail), SR 80 (Southern Boulevard), and SR 615 (25th Street). He has monitored the abatement of asbestos and the demolition of improved parcels. The Urban Group, ]:nc., April 2000 to Present. Mr. Gorham is working in the Acquisition and Property Management segments of the SR 80 (Southern Boulevard) projects. His duties include: negotiations and order of taking suits, preparing settlement justifications, the preparation of bid packages, monitoring of asbestos abatement and demolition of improvements, field inspection of all parcels and documentation of all parcel files to meet the FDOT procedural requirements. Aucamp, 'Dellenback and Whitney, Appraisers and Consultants. November 1999 to April 2000. Mr. Gotham prepared real estate appraisals f~or a wide variety of commercial and industrial property types such as warehouses, office buildings, and motels. PBS&.1, Inc., October 1995 to November 1999. Mr. Gotham managed the surplus right of way for the Florida's Turnpike. 'Maintained inventory of over 300 surplus parcels. Prepared bid packages and conducted bid openings for sale of surplus parcels. Prepared documents for the sale or lease of Turnpike property. Monitored the abatement of asbestos and the demolition of improved parcels. Mr. Gorham also prepared cost estimates for the district work program and negotiated the acquisition of parcels to meet production schedules. TUG Use of disclo~Jre of data conlained on ~i$ sheet is subject to the restriction on the UUe pa~e of mis propo~ Brian Gorham Page Two Metcalfe Management, 3une 1990 to October 1995. Mr. Gorham assisted in the property management of several apartment properties.- DUties ittcluded supervision of personnel and property maintenance. Prepared vendor contracts and leases documents. Also assisted in all accounts payable and receivable. EDUCATION: BS Degree, College of Business, Florida State University Major: Real Estate IRWA Courses 101, 103, 214, 403 Appraisal Institute Courses 110, 120 CREDENTIALS: State of Florida Licensed Real Estate Salesperson, SL 0634184. State of Florida Registered Real Estate Appraiser, RI 0002521 IRWA Member, Chapter 76 (SR/WA Candidate) Certified Asbestos Building Inspector and Management Planner TUG Use o~ disclosure of d~l~ co~tained on His she~ is subject Io me restriction on the title page of this PERSONAL PROFILE The Urban Group, Inc. BRUCEH. BRADLEY, SR/WA PRO3ECT: Real Estate Administrator For The City of Boynton Beach PRO.1ECT ASSIGNMENT: Quality Control of Team Managers RELATED EXPERIENCE: Offering more than thirteen years of real estate experience, with ten years in the field of eminent domain as a project manager, acquisition/relocation supervisor, senior relocation agent, acquisition and contracts agent with increasing responsibilities in acquisition, relocation, property management and consultant contracting. Masters Degree in Business-Administration with concentration in Real Estate Management and Development. Effectively interact with all levels of management, technical skills, and problem solving expertise and courteous and tactful ability to deal with the public. Ability to effectively communicate verbally and in writing. History of outstanding job performance, computer skills and demonstrated record of achievements, leadership, discipline and hard work. Right of Way f4anager Dec.-2000-Present The Urban Group~ Znc., Ft. Lauderdale, Florida Acquisition/Relocation Supervisor 2000-Dec. 2000 Univ~rsal Field Service, Inc., Seattle, WA 98104 Responsible for the coordination of all Right of Way acquisition and relocation activities and the supervision of all R/W Acquisition and Relocation Agents and Technicians, in the Rainer Valley. Must maintain compliance with state laws, FTA regulations and Sound Transit's policies and procedures. Supervise and direct all Relocation Agents and Technicians performing Relocation Assistance activities and the review and approval of Relocation claims and benefits and for the training of staff. Responsible for the preparation of relocation work plans. Establish and maintain the highest standards of professionalism, ensuring that all persons or business displaced by the project are treated fairly and with compassion. Coordinate with the Appraisal Manger, Review Appraisal Manager, and Environmental Managers and Sound Transit staff to ensure that R/W Agents have all necessary information to prepare offer packages for each property to be acquired. TUG · · · ' o~ the tide pa~e of this peo~ Usc or disclosure of dam contain~:l o~ th~s sheet ~s subject to t~ ~=s*.nctto~ Bruce H. Bradley Page Two Review and approved all offer packages prior t presentation t property owner. Ensure the proper training and close supervision of R/W Technicians, Perform continuous quality control review of property files to ensure that all appropriate documentation is present. Monitor progress and milestone schedules and update the acquisition related activities for all regular reporting systems. Coordinate and review all files being prepared for condemnation. Prepare R/W cost estimates as required. Manage complex business and residential relocation under the guidelines of the Uniform Act. R/W Project Manager 1996-1999 Florida Department of Transportab'on District Four, Ft, Lauderdale, Florida Supervise, coordinate, and direct land acquisition, relocation, business damages, property management and project schedules activities. Interpret and communicate right-of-way policies and procedures to insure compliance with State and Federal regulation. Consult with planning, design, engineering, environmental and legal staff to re~Olve Problems at the early stages of the project. .- Land Acquisitionv Senior Relocation Agent and Contract Agent 6/90-6/96 F/or/da Department of Transportation D/st~ct S/~, Miami~ Florida Acquisition of eminent domain right-of-way by condemnation and relocation assistance for state governmental agency~ in Dade and Monroe counties in adherence to State and Federal procedures. Assist in managing, coordinating and monitoring contract administration activities. EDUCATION: Nova Southeastern Universi~ Ft. Lauderdale, Florida Master in Business Administration, 1996, Dean's List F/or/da lnternat/onal Univers/~ Miami, Florida Bachelor of Arts in Political Science. M/am/Dade Commun/ty Co//ege, Miami, Florida Associate of Arts in Paralegal Studies. TUG Use oc disclosure of data coa~n~ on this sheet is subje~ to ~ rest~ctioa on the til~e pale of~fis ptuge~l Bruce H. Bradley Page Three CREDENTZALS Appraisal Institute Courses: Real Estate Appraisal Principles, Residential Valuation and Basic Valuation Procedures. Internab'ona/Right of ~Va? Association Course~. Prin. Of Real Estate Acquisition, Ethics and R/W Profession, Interpersonal Relation, Relocation Assistance, Business Relocation, Mobile Home Relocation, Computing Replacement Housing Payments, Engineering Plans Development and Application, Bargaining Negotiations, Leadership Skills for R/W and Real Estate Professionals, Environmental Awareness and Expert Witness Testimony. LICENSE: Florida Real Estate Broker License, e.g. 0475982 Asbestos Inspection and Assessment, e.g. 2368 TUG Use oc alsclosu~e ofda~ ~oa~inccI oa ~hiz sheet is subject Io the eeseic~iee on the title p~e of~is Ixotcx~] PERSONAL PROFILE The Urban Group, Inc. ALAN KAHERON, SR/WA PRO.1ECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASSIGNMENT: Quality Assurance and Quality Control RELATED EXPERIENCE: The Urban Group, Inc., .luly 2000 - Present. Mr. Kameron is working on the Acquisition segment of the S.R. 80 (Southern Boulevard) project's. His duties include: negotiation, the preparation of suit information for order of taking lawsuits, the review of title search reports and legal descriptions, settlement justification preparation and the heading of the company's Quality Assurance and Quality Control on all phases of Acquisition for the companies agents. Florida Department of Transportation :L988-2000 - Senior Right of Way Ager~t Mr. Kameron's Right-of-Way Career began in :[988 with Florida Department of Transportation District Four. He Successfully completed the FDO'Fs Right-of-Way Specialist Training Program and is a licensed Florida Real Estate Salesperson. Mr. Kameron had a twelve-year career with the Florida Department of TransportaUon. He handled acquisition on over 500 parcels on a multitude of projects. He was involved in Relocation and was the District Suit Coordinator for over five years. Mr. Kameron spearheaded the Quality Assurance reviews for Acquisition Department in District Four in preparation of annual audits from Tallahassee and Washington D.C. EDUCATION: Mr. Kameron received his Bachelor of Arts Degree from the University of South Florida in 1978, and has earned the designation of Senior Right-of-Way Agent (SR/WA), awarded by the International Right-of-Way Association. University of South Florida - Bachelor of Arts, Criminology Florida Insurance School - Property and Casualty Florida Department of Transportation - Right of Way Specialist Training Program TUG U~e or disclosure of data comained mt thi~ ~hect is ~ubjcct to ~hc restriclioo oa the title pa~e of this Alan Kameron Page Two CREDENTIALS: Florida Real Estate Salesperson License Florida Property, Casualty, and Surety License Health, Life, and Disability License International Right of Way Association Courses Appraisal Institute Courses Florida Department of Transportation Courses TUG U~e ~ di~knure of data coa~ained on thia ~hee~ L~ ~ubje~:n to the re~'kaioe mn ~e title pa~e ofthi~ ~ PERSONAL PROF]:LE The Urban Group, ]:nc. FLORENCE GREEN, SR/WA PRO.1ECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASS]:GNMENT: Property Management RELATED EXPER]:ENCE: The Urban Group, ]:nc. - April :1.999 to Present: Ms. Florence Green is presently working with The Urban Group as Relocation Services Administrator for the Right of Way Department. IVls. Florence current duties include supervising and coordinating work efforts of staff agents and Manage Relocation projects. She also, provides Relocation Advisory services, computes Replacement Housing Payments, prepares Last Resort Planning Reports, Relocation Conceptual Stage Plans, and Relocation Needs Assessment Plans. -- Florida Department of Transportation - 1984-1999 I g93-2000 - O/~r/ct Relocat/on Adm/n/strator/Project ~fanager , Supervised and coordinate work efforts of staff agents. · Managed RelocaUon consulting projects · Directed Quality Assurance Program for Relocation · Developed and implemented training programs for Relocation Florida Department of Transportation - 1984-2000- l ggO-~ gg2 - R/gh t of way Acqu/s/t/on/l~elocat/on Agent · Negotiation of acquisition of real estate · Preparation of.lustification for Administrative settlements · Provided Relocation Advisory Services · Computation of Replacement Housing Payments · Preparation of Last Resort Planning reports · Preparation of Relocation Conceptual State Plans · Preparation of Rel.ocationNeedsAssessment Plans · Prepared closing acquisition parcels. Florida Department of Transportation - 1984-2000- ~ g84-~ggO - l~/ght of way A cqu/s/t/on/~elocat/on Agent · Supervision of EmplOyee Benefits division · Supervision and Training of Staff · Development of Orientation Program TUG Use or dlscl~um of dam contained on this shse~ is subjec~ to the restri~ioo on the title Ne of this IXOposal Florence Green Page Two , Management Counseling , Administration of employee records · Supervision of Classification and Pay Division · Employee Counseling · Staff Presentations · Recruitment and New Employment EDUCATXON: 1988 Broward Community College, Sociology, Fort Lauderdale, Florida 1979 Gupton-.lones College of Funeral Science, Funeral Direction and Law, Atlanta, Georgia · Florida Department of Transportation Right of Way Agent Training Program · 800 classroom hours of International Right of Way Association and Appraisal ]:nstitute_ courses · 150 classroom hours of Certified Public Manager Training CREDENTZALS: l:nternational Right of Way Association (]:RWA) SRWA Designation Asbestos Management Planner Asbestos Inspector Florida Notary Public 1999-2000 - IRWA Chapter 76 Education Chair 1998 - IRWA Assistant Chair TUG Use or dis~l~e of darn ~ont~ined on this sheet is subject to the res~-i~on on the title pa~e of ~his prol~=~nl PERSONAL PROFILE The Urban Group, Inc. BARRY S. LAZARUS PRO.1ECT: Real Estate Administrator For The City of Boynton Beach PRO.1ECT ASSIGNMENT: Acquisition and Negotiations Specialist Mr. Lazarus's primary responsibilities include negotiations, research of public records, preparation of recommendations for settlement and assisting with closings. RELATED EXPERXENCE: Mr. Lazarus has over ten years of real estate experience in commercial appraisal, dght of way acquisition, negotiations and lending. Since Mr. Lazarus began with the Urban Group, ]:nc. his current projects include right of way acquisition, negotiations, relocation, property management, and preparation of recommendations for settlement and assisting w!_th closings for the State Road 60 Project in ]:ndian River County, Florida. During Mr. Lazarus's tenure at Post, Buckley, Schuh & .lernigan, ]:nc., he was responsible for participating and facilitating all phases of FDOT Right of Way programs for the State Road 615 Project in Fort Pierce and State Road 80 Project in West Palm Beach, Florida. This position also included administering the demolition and removal contract for the State Road 615 Project in Fort Pierce, Florida. In addition, he was the Project Manager for the preparation of all District Four Right of Way cost estimates; Lead appraiser for the FEMA Federal Assistance Buyout Program in Gulf CountY, Florida and Lead appraiser for the East- West Multi-Modal corridor study cost estimate in Dade CountY, Florida. This project involved estimates for approximately 300 parcels and 800 relocations along an eight-mile corridor. The Florida Department of Transportation also employed Mr. Lazarus in Miami, Florida as a Review Appraiser. His responsibilities included preparation of full narrative appraisal reports, review statements, right-of-way cost estimates and feasibility consultation reports for all types of properties in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). He was also responsible for reviewing real estate appraisals prepared by contractual fee appraisers and in-house staff appraisers. Prior to joining the Department, Mr. Lazarus was employed as a Mortgage Loan Officer and Commercial Real Estate Appraiser. TUG Use or discl~urc of data coatained oe this sheet is subject to thc resection oe the title page of this Barry Lazarus Page Two EDUCATION: Florida International University Appraisal Institute and International Right of Way Association - Courses and seminars in valuation, 'ethics, acquisition, Relocation assistance and environmental issues B.B.A Degree, Finance/Accounting IRWA Member Certified Asbestos Inspector 'Certified Asbestos Management Planner CREDENTIALS: State Certified General Real Estate Appraiser - Florida Licensed Real Estate Salesman - Florida Licensed Mortgage Broker- Florida TUG Use m* clbclosm'e of* ~h~ com~fled off dtts shcc~ ss subject to thc rcg~c~o~ on the role pose of d~ts pFopos~ PERSONAL PROFILE The Urban Group, Xnc. GRANT N. EPSTEI~N, M.B.A., SR/WA PRO3ECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASSIGNMENT: Acquisition and Negotiations RELATED EXPERIENCE: State of Flor/da Department of TransportaUon D/strict $ix~ .~8 to .~anuary 200~; Acquisition Agent District Suit Coordinator Business Damage Coordinator 1988-2001 1997-2001 1999-2001 Negotiation/acquisition responsibilities include the interpretation of real estate appraisal reports and the application of valuation principles in negotiations for the acquisition of interests in real property and the settlement of property damage and relocation clams. Legal skills are required for the review of title instruments and the preparation of information for closing transactions and condemnation suits. Additionally engineering and surveying skills are required for the review of maps and construction plans. District suit coordinator responsibilities include the preparation of legal documents for eminent domain proceedings and the filing of condemnation suits for orders of taking. Includes project management of consultant contracts for suit preparation activities, as well. During my service with District Six, I have participated in the acquisition of some 500 parcels of real estate for transportation projects, including interstate, state and county roads, bridges and the Miami Inter Modal Center. Ten Year Service Award: 1999 I made a Difference Certificate: 1992, 1993, 1994, 1995, 1997 Value Engineering Award: 1996 Superior Proficiency Increase: 1995 Five.Year Service Award: 1995 You Made a Difference Award: 1992 Distinguished Service Award: 1992 Employee of the Month: 1991 Employee of the Month: 1989 TUG Use ~ di~cl~ure of data c~'~tained o~ ~h;, sh~e~ b subje~ 1o the r~ct~on m d~ u~e pale of t~s ~,. c,~ill Grant Epstein Page Two TRW Appraisal, Inc. Advance Research & Appraisal Framer Realty, Inc. · Real State Salesman / Appraiser ~.B. Hanauer & Co.. Sm/th, Barney, Harris Upham & Co. Registered Representative GAC Realty Trus~ Assistant Manager GAC ProperUes~ Xnc.. Financial Planning Analyst Miami, Florida Pembroke Pine~, FL M/ami Beach, Florida N. M/ami Beach, Flor/da Miami, Florida 1982-1984 Hollywood~ 1981 Coral'Gable~, Florida 1978-198! EDUCATION: University of Miami, Coral Gables, 1978 Finance Master of Business Administration American University, Washington, D.C., 1976 Urban Development Business Administration CONTINUING EDUCATION F.D.O.T. LR.W.A. FiD.O.T. A.I. LR.W.A. F.D.O.T. F.D.O.T. LR.W.A. LR.W.A. F.D.O.T. I.R.W.A. I.R.W.A. Advanced Land Title Seminar - 2000 The Appraisal of Partial Acquisitions - 2000 Land Title Panel Discussion - 1999 Appraisal Principles- 19.99 Eminent Domain Law Basics for ROW Professionals - 1998 3oint Statewide Meeting: Suit Preparation / Title Document Preparation Land Title Panel Discussion - 1998 Business Relocation - 1998 Environmental Awareness - 1997 Real Estate in the Eminent Domain Environment- 1997 Understanding Environmental Contamination in Real Estate- 1996 Bargaining Negotiations- 1995 TUG Use o~ di~cl~um of data comaJ~ed on ~his she~ ~s ~ubjec~ m d~e re~mcaoa on d~e ud¢ pa~ ol'thls pro~ Grant Epstein Page Three NCCE A.S.A. I.R.W.A. I.R.W.A. I.R.W.A. F.D.O.T. I.R.W.A. I.R.W.A. I.R,W.A. F.D.O.T. F.D.O.T. F.D.O.T. F.D.O.T. F.D.O.T. National Center for Continuing Education - Understanding and.Analyzing Financial Statement for Non-Financial Professionals- 1995 Introduction to Business Valuation - 1995 Relocation Assistance -,1994 Communications in Real Estate Acquisition - 1994 Land Titles - 1993 Lotus 1-2-3 Introduction- 1992 Engineering Plan Development and Application - 1992 Ethics and the Right of Way Professional Principles of Real Est_ate Acquisition - 1992 Preparing Recommendations for Administrative Settlement - 1991 Negotiations for Agents - 1991 QI Team Member Training - 1990 Legal Descriptions- 1989 Business Damage Seminar- 1989 CREDENTIALS: DESIGNATION: International Right of Way Association Senior Right of Way Associate (SR/WA) LICENSING: State of Florida Real Estate Broker TUG Use or disclosure of data contained ~n ~is shee~ is su~ect to the rest~on on ~e title p~e of this p~ PERSONAL PROF]:LE The Urban Group~ ]:nc. D1~ANE MASON~ SR/WA PRO3ECT: Real Estate Administrator For The City of Boynton Beach PRO.1ECT ASSTGN M ENT: Leasing/Surplus Properties RELATED EXPER]:ENCE: Ms. Mason's Right of Way career includes more than nine years of experience, primarily with the Florida Department of Transportation in the District 6 relocation and property management sections. While a Distdct 6 employee her most recent experience was as a Relocation Agent involved with the Miami ]:ntermodal Center, deemed a Project of National Significance by the US DOT. She has received two Team Achievement Awards in 1994-95 and 1997 and the Meritorious Service Award in 1999. Ms. Mason successfully completed the FDOT Right of Way Specialist ! Training Program in 1996 and has fulfilled all the requirements to earn the professional designation of Senior Right of Way Agent awarded by the l:nternational Right of Way Association. The Urban Group, ]:nc., May 2000 until present - Diane is currently working on the State Road 80 Project in Lake Worth, Palm Beach County as a Senior Right of Way Specialist Relocation Agent. District 6 Florida Department of Transportation, December 1993 to April 2000. -During her tenure at the Department, Diane served in the Property Management Section from December 1993 until 3anuary 1996. Her responsibilities included management, sale and leasing of surplus and excess property owned by the Department; the updating of Land Management Plans for properties leased by the Department; and the establishment of an inventory of surplus and excess land. Diane served asa Relocation Agent from .3anuary 1996 until April 2000. Her responsibilities included preparation of cost estimates, Conceptual Stage Relocation Plans, Needs Assessment Survey Reports, and Last Resort Housing Plans. She has conducted household and business surveys, provided advisory services to a diverse clientele, assisted residential and business relocatees in locating replacement sites, reviewed move cost estimates, prepared claims, composed market rent analyses, and computed relocation benefit payments. TUG Use oc d/sclc)sure of ~ ~ont~n~l on ~ sh~-~ ts subj c'ct to the resmcUon on thc nde p~e ol'Ch~s pn:qx~J Diane Mason Page Two Pederson &~ Trask, Xnc. and Florida Right of Way Associates, :Inc. (a division of Pederson & Trask, Inc.), November :[990 to December :[993 Diane provided technical and administrative support for this commercial real estate appraisal firm inCluding research, technical writing, and proofreading from December :[992 to December 1993. DUdng her tenure with Florida Right of Way Associates Diane was responsible for the maintenance of all records; the preparation of production status reports and right-of-way invoices; research and preparation of suit information. EDUCATION: BA Degree, Queens College of the City University of New York FDOT Right of Way Specialist Training Program CREDENTIALS: SR/WA, Senior Member, International Right of Way Association Florida Real Estate Salesperson Florida Notary Public TUG Use o~ discle~ure of data contained on d~b d~t b ~ubject to be rm~icdon on the title pale of ~b pmpe~l PERSONAL PROFILE The Urban Group, Inc. MAGALY PINARES PRO.1ECT: Real Estate Administrator For The City of Boynton Beach PRO3ECT ASSIGNMENT: Property Management/Leasing RELATED EXPERIENCE: Ms. Pinares is a Florida licensed Real Estate Agent. She has worked on The Urban Group Property Management Division accounting department and has been responsible for rent collection, leasing and tenant/owner relations. She handled preparation of HUD sales contracts and .was an active sales agent for HUD properties. On Right of Way Projects, as Bilingual Translator, Mrs. Pinares' was responsible for translating on behalf of the property owner and agents. Her knowledge and expertise in not only in the acquisition of right of way procedures, but also that of other governmental real prope._r~y asset management will greatly assist all phases of the project. Her duties are to convey to the property owners, displacees and others, the Florida Department of Transportation's need to acquire the property, and to assist them in the transition of the relocation process. Her polite manner has helped us to achieve our high level of excellence in community interaction. EXPERIENCE SIMILAR TO THIS REAL ESTATE ACQUISTrON PRO3ECT: The Urban Group, Inc., .lanuary 1997 until present. Mrs. Pinares is experienced in all areas of accounting, with an emphasis on Property Management Accounting and compiling financial reports, and files information management, reports on FDOT contracts. Mrs. Pinares has also processed accounting reports for the United States Marshals Service (USMS) project according to contractual agreements. Fully responsible for the USMS accounting reports, including, invoicing, accounts payable and receivables using Yardi System. She prepares monthly on USMS contracts, and she is familiar with Housing and Urban Development (HUD) required reporting systems for Public Housing, Assisted Housing, and Comprehensive Grant Programs, including RFP preparation, and opening bids. Mrs. pinares is actively involved in the disposition part of the Real Estate, which includes market analysis and advertising of both government and private owned assets. For Southeast Bank, N.A., .lanuary 0000 to December 1996, Richard A. Fusaro, (305) 822-4864, Mrs. Pinares served as Finance Officer responsible for all financial reports, including, cash projections, budgets, net income/losses statements for various clients. TUG Use or di~clo~ur~ of d~a cont~;nexi o~ thzS sheet ti ~ubject to the restnctzon on the title page of ~hls pfop~ai Maggie Pinares Page Two EDUCATION Miami -Dade Community College Gold Coast School of Real Estate CREDENTIALS Business Administration Florida Real Estate Salesperson License Florida Notary Public TUG Use o~' dlselo~re of dala cooiained mt ~b ~tset is sub~e~ tO the re.fiction oo the tide pa&e of thil plx)po~] PERSONAL PROFI~LE The Urban Group~ Znc. FANNY RAM]~REZ PRO3ECT: Real Estate Administrator For The City of Boynton Beach PRO.1ECT ASSIGNMENT: Data Processing-Production Schedules RELATED EXPERZENCE: On The Urban Group's right of way projects for the Florida Department of Transportation, on State Road' 80 and 710, Mrs. Ramirez' was responsible for administrative services relating file management and computer data input. She translated documents into Spanish on behalf of the property owners and agents. Her knowledge and expertise in nol~ Only right of way procedures, but also that of other governmental real property asset management will greatly .assist all phases of the project. Her duties are to convey to the property owners, displacees and others, me Florida Department of Transp0~i(~n~s'nee~d t° acquire the property, and to assist them in 'the transition of the relocation process. Her polite manner has helped us to achieve our high level of excellence in community interaction. Mrs. Ramirez's responsibilities are to make sure that all the files are kept organized and up to date. This includes all general filing systems, electronic as well as physical. She assists the agents in typing letters and memorandums, thus saving time for more important tasks. Mailing letters and making the appropriate copies of documents are just some of her responsibilities. Mrs. Ramirez's ability to communicate with the public in various areas greatly adds to the flexibility of our company and the ability to effectively work well within the community. She also assists agents in the field while visiting the project area, by taking pictures, and translating in Spanish when needed. She has assisted in the Florida Department of Transportation's DI:STR~CT ~V's, SR 60 project in preparing offer packages and SR 710 by translating for the agents and property owners. Mrs. Ramirez not only greatly assists our company through document preparation, but can also, prepare additional documentation needed in another lanc~uage for the community at large. Mrs. Ramirez has a strong knowledge with computer programs, which have helped, develop better correspondence, documents, tables, and charts. She is also very familiar with, Access a database program that keeps the company records, clients, vendors, and reports up to date and organized. AnOther program Mrs. Ramirez is very familiar with is Power Point, which the company is now using for all presentation documents. With her knowledge of computers and data entry, she has keep the files for United State Marshals Services real estate transaction organized. She has also assisted with The United States Marshals Department translate TUG Fanny Ramirez Page Two phone calls with contractors and clients that do not speak English very well, Mrs. Ramirez is also in the process of getting her Real Estate License. EDUCATXON: Miami Norland Senior High School North Miami Dade Community College Sheridan Vocational Technical Institute CREDENTIALS: Florida Real Estate License (Pending completion of course work). High School Diploma and Scholarship College Requirement Courses Administrative Information Processing TUG PERSONAL PROF]:LE The Urban Group, ]:nc. D[ANNE 3UDGE PRO3ECT: Real Estate Administrator For The City of Boynton Beach PROJECT A$S]:GNMENT: Project Production Reports, Business Damage Claims. RELATED EXPER/ENCE: Ms..ludge has ten years of experience in property management with The Urban Group, ]:nc. Currently working on several FDOT Right of Way projects she previously served as property manager on the Real Estate Asset Hanagement (REAM) contract with HUD and as property specialist with the Broward County Aviation Land Acquisition Program (BCADLP). She is also a Florida licensed Real Estate Agent. Ms. Judge is experienced in property management from acquisition through disposition, accounting procedures, cost estimating, reconciliation and closing files, coordinaUng and supervising contractors and office personnel, with an emphasis on generating status reports and file information management. Along with extensive computer skills, Ms. Judge is highly experienced as a liaison with city officials and management firms. Present: FDOT State Project 93210-2542, State Road 80, Palm Beach County Responsibilities and duties include preparation of negotiation and relocation documents, pre and post closing tasks, preparation of move cost claim packages for personal property and sign moves, properly inspections, inventories, suit package preparation, project tracking and mail courier service. Prepared house bill (599) le[ters', offer packages', merged, reconciled and retired files for FDOT District Seven contracts on State Roads 580, 584 and 60 in Tampa, Florida. April 1991 - August 1999: Property Manager · Contract Administration Responsibilities included overseeing the protection and preservation of approximately 1,200 homes under the Real Estate Asset Management (REAM) contract for The United States Department of Housing and Urban Development (HUD). Supervision of area offices, field inspectors and vendors. Soliciting bids and assignment of vendor repair work. Scheduling home inspections and completed work assignments. TUG Use ~ disclmure of dn~ confined on ~is sheet ~s s~bje~t to thc rcsmcuo~ o~ the t~fl¢ p~e of tht$ ~ Dianne 3udge Page Two · Records Management Created and maintained files for all properties in inventory from the point of acquisition to disposal of property through closing. Daily computer input of property activities. Prepared weekly, monthly and quarterly spreadsheets and reports of office activities and property status. Notification to proper authorities including police, utility companies condominium/HOA associations of-HUD's interest and documentation of real estate tax information. Prepared bid specifications for specialized work. Coordinate routing and assigned inspections. Notified utility and condo associations of closed properties to ensure proper billing. · Accounts Payable Administered the Receipt, verification, invoicing and recording of all vendor, utility, and condominium/HOA payments. · Liaison and Negotiations Designated company liaison to HUD. Coordinated telephone contact and scheduled meetings with Code Enforcement to correct building and property violationS. Negotiated cost settlements and/or amounts of liens with various municipaliUes. Assisted closing agents in providing information for scheduled closings. Broward County Aviation Department's Land Acquisition Program (BCADLAP) Responsibilities as Property Specialist include tenant liaison, rent collection, scheduling safety and vacate inspections, coordinating termination of utility services and removal of equipment, file and data base maintenance for over 600 properties from acquisition to demolition. CREDENTIALS · Florida Real Estate Licensed Salesperson No. #0662916 · Member of [nternational Right of Way Association Chapter 76 · Proficiency in computer Database Systems, Word Perfect, Microsoft Office, Excel, FDOT Informs, development and maintenance of multi-use spreadsheets. · Contract Administration and Office Management · Over 8 years experience in Real Estate Asset Management TUG Use or disclosure of ~ contained ~ this shee~ is subjeot to the restriction o~ thc title pa~e of this QUALIFIER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Mailing Date (City): R.FQ Title: June 13, 2001 REAL ESTATE ADMINISTRATOR FOR THE CITY OF BOYNTON BEACH, FLORIDA RFQ Number: 075-2413-01/1431 RFQ Received By: JULY 19, 2001, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFQ submittals will be opened in Procurement Services unless specified otherwise. The receiving date and time for RFQresponses is ~¢heduled for: JULY 19, 2001, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: The Ur 59-2442945 A Corporation of the State of: ~ Area Code: 954 Telephone Number: 522-6226 Mailing Ad.ess: 142 ows Avenue Suite 200- City/State/Zip: Vendor Mailing Date: 7-19-01 Authorized Sigxtatnlre Howard W..qt-~ r,l-,c,'{ Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 12 ADDENDA CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: REAL ESTATE ADMINISTRATOR QUALIFIER: The Url~__n C~o~, Inc. DATE SUBMITTED: JUly. 19, 2001 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: (Name of Project Manager/Architect/Consultant) ._ and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED ALONG NVITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 STATEMENT OF QUALIFICATIONS Each qualifier proposing on wOrk included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each submittal document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ response. * attach additional sheets giving the information Name of Qualifier: Business Address: TI~ TT,~I~~ ~r~-a~; Trot'~_ 1424 South ADclrews Avenuet Suite 200 Fort_ l~vt~flal~_: Flnw~rla 23316 When Organized: 1984 Where Incorporated: F~ ,-,1-~ ~ How many years have you been engaged in business under the present firm name? 17 General character of work performed by your company, po~l Estate Management, sa!e~ a~ di~o~_] o~ 9overpm~- t re.~ properS. 8. 9. 10. Number of employees. _ 26 Background and experience of principal members of your personnel, including officers. * Bonding capacity. Have you ever defaulted on a contract? If so, where and why?* * 8 Attached THIS PAGE MUST BE SUBMII'TED ALONG WITH RESPONSE 14 STATEMENT OF QUALIFICATIONS continued ...... 11. Project Experience in performance of work similar in importance to this project. Brow-ard County - ~- x~d._v .Management U,S. Marshals Service Property Disposition Lauderd_._~ le-By-The- Sea $ Value $500~ 000 ~100,000 Contact Name Sh~.rvl pzt~ Bob Baldwin. Phone # (954) 359-6145 ~305) 536-7575 (954) 776-0576 12. 13. 14. Contracts on hand. * Largest completed projects (include final cost). 1) Br-~rard County AViation De~r~,~-nt 2) ~ state Bead 80 3) 3~DOT Turn.~ike. District 1.5 Million 1.3 Million 668,000 List all lawsuits (related to similar projects) to which you have been a party and which: * 1) 2) 3) arose fi.om performance: * occurred within the last 4 years: * provide case number and style: * Dated at: this 19 .day°f J.uly - (written signature) Name: Hcnord W. steint-olz 20 01 Title: (printed or typed) President/C~O THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE 15 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my finn or by an officer of the corporation. By: NAIVIE - SI~ Sworn and subscribed before me this 19 day of July ,20 01 Printed Information: NOTAR~ P~[BLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP Howard W. Steinh~l z NAME President/CED TITLE The Urban Group_; Inc. COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER State of Florida County of_ Bro~ How~ W. Ste~nholz _, being first duly sworn, deposes and says that: of The Ur~_n Group, Inc. , the qualifier that 1) He is President/C~O (Title) (Name of Corporation or Firm) has submitted the attached response: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said submittal is genuine and is not a collusive or sham submittal; 4) Further, the said qualifier nor any of its officers, partners, owners', agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired,_ connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham submittal in connection with the Contract for which the attached response has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached submittal or of any other qualifier, or to fix any overhead, profit or cost element of the submittal price' or the submittal price of any other qualifier, or to secure through any collusion, conspiracy, eoImivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Title) ]?res~ doxxt/Cl~ Subscribed and sworn to before me 19 da of July _~oO~ - This .- Y i - ~5;;. ovvr~J_.oy_.__t~.__s~. ! · :~ ~ CC~25142 I - C., C,/ TI~$ PAGE TO BE SUBMITTF, D ALONG WIT~ RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COI~,[PLETE AND ACCEFI'ABLE I7 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your submittal sheet making it an official part of your RFQ response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) mSPAN~C ( ) WOM~N ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? NO YES _ If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 18 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by anY political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employes for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contnictual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's comm!mity by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~~6~,~~ Vendor's Signature__~ THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 JIM NARDI INVOICE AN D EXPLAINATION The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 SUMMARY REPORT STAFF TIME FOR CRA-02 CRA-02 Parcel 101 Parcel 102 Parcel 103 J. Nardi 18.25 hrs/min J. Nardi 10:45 hrs/min F. Ramirez 01:45 hrs/min J. Nardi 18:25 hrs/min F. Ramirez 01:45 hrs/min J. Nardi 10:50 hrs/min F. Ramirez 01:45 hrs/min TOTAL: J. Nardi F. Ramirez 53:15 hrs/min 05:15 hrs/min The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 May 09, 2002 May 10, 2002 STATUS REPORT ON STAFF ADMINISTRATION TIME FOR CRA-02 02:45 hrs/min J. Nardi met with Q. Greene to discuss Seacrest Boulevard and NE 10t~ Avenue project, (CRA- 02). The project consisted of the acquisition of three parcels. Parcels identified were Jesus House of Worship, Robert's Restaurant and the EZ Mart. Q. Greene asked that TUG provide a Scope and Price proposal, so it may be presented to the CRA Board at the next meeting. 00:30 hrs/min J. Nardi telephoned Q. Greene to discuss the format and delivery of documents to the CRA Board. Delivery needed by May 13, 2002. J. Nardi telephoned D. Sugarman to discuss TUG/CITY contract and approvals for work with CRA. May 10, 2002 01:15 hrs/min J. Nardi briefly researched parcels to be acquired. Prepared a scope of work and a price proposal. May 13, 2002 May 14, 2002 May 27, 2002 May 31, 2002 June 03,2002 02:00 hrs/min J. Nardi hand delivered to Q. Greene Proposed Scope of Work with Price Proposal for CRA-02 task. Items delivered for CRA Board meeting May 14, 2002. 03:15 hrs/min J. Nardi attendance CRA Board Meeting, discussion over Scope and Price Proposal. CRA requested TUG to obtain three quotes for appraisal reports for next meeting. 00:45 hrs/min J. Nardi prepared scope of work to be quoted by Appraisers. 02:15 hrs/min J. Nardi telephoned appraisers Anderson and Carr, Inc., Callaway & Price, Inc. and Real Property Analysts. Later, all appraisers were faxed the scope to provide quote. 00:15 hrs/min J. Nardi received and reviewed faxed quotes from Callaway & Price, Inc. and Real Property Analysts June 04, 2002 June 05, 2002 June 11, 2002 00:45 hrs/min J. Nardi received and reviewed faxed quote from Anderson and Carr, Inc. J. Nardi prepares letter with recommendation to Q. Greene regarding appraisal quotes. J. Nardi revised TUG price proposal, (2) to incorporate low appraisal quote. Documents faxed to Q. Greene. 00:30 hrs/min J. Nardi delivers documents to Q. Greene regarding CRA-02 for insertion into Board Agenda. 03: 55 hrs/min J. Nardi CRA Board Meeting. TUG received approval from the Board for assignment CRA 02. July 17,2002 00:15 hrs/min J. Nardi discusses assignment with D. Hutchinson. Hutchinson cites what the Board approved was not what was presented and asked that a revised proposal be forwarded. Later J. Nardi faxes and mails revised price proposal, (3) matching the Board approval. TOTAL: J. Nardi 18:25 hrs/min The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 STATUS REPORT ON STAFF ACQUISITION TIME FOR CRA-02 101 i Robert's Restaurant 1002 NE 10th Avenue I N/A ~ i Johnny L. and Betty J. Roberts 08-43-45-21-10-005-0010 i 74.5?9 O0 Task I June 17, 2002 01:00 hrs/min F. Ramirez File set up: Create an electronic and hard copy file, obtain Palm Beach County records on ownership, Obtain Corporate information and research contact information. June 17, 2002 July 17, 2002 Task II 03:15 hrs/min J. Nardi File set up and review: Review hard copy file and review sales history, assessed value. Review Palm Beach County records regarding the subject owner, verify records on corporate held property, (Division of Corporations, ISC, TRW) and note any encumbrances found in preliminary title review. 01:10 hrs/min J. Nardi Collect data to determine value: Research subject sales status (listed or available for sale, Multiple Listing Service) July 05, 2002 July 08, 2002 July 09, 2002 July 17, 2002 July 18, 2002 July 23,2002 July 26, 2002 July 25, 2003 00:10 hrs/min J. Nardi Left message for Johnny or Betty Roberts, (561) 742-3908 00:10 hrs/min J. Nardi Left message for Johnny or Betty Roberts, (561) 742-3908 00:35 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi CRA Board Meeting. Report to the Board the status of CRA 02 assignment. 01: 55 hrs/min J. Nardi Valuation review Establish value estimate for subject parcel Review neighborhood for other current listings and sales Contact property owner of record and set a meeting to discuss acquisition 00:10 hrs/min J. Nardi Left message for Johnny or Betty Roberts, (561) 742-3908. Searched Division of Corporations and found additional number (561) 734-7127, no answer. 00:10 hrs/min J. Nardi Left message for Johnny or Betty Roberts, (561) 742-3908 and (561) 734-7127 00:25 hrs/min J. Nardi Prepared and mailed letter to owner and address of record. 00:35 hrs/min J. Nardi received and replied to email from D. Hutchinson and CRA Chair regarding presentation at August 3, 2002 CRA Workshop. August 01, 2003 August 01, 2002 August 01, 2002 August02,2002 August03,2002 TOTAL: The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 00:15 hrs/min J. Nardi received a call from D. Hutchinson confu-ming TUG's presentation at August 3, 2002 CRA Workshop. 00:45 hrs/min F. Ramirez Prepare stares report for CRA Workshop Produce map and table identifying target parcels. 00:35 hrs/min J. Nardi Prepare status report for CRA Workshop: Review and finalize map and table, and add acquisition comments. 00:45 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi Prepare report for CRA Workshop: Summarize and outline procedure for Eminent Domain for CRA acquisition targets. Prepare report for differences in Statutory slow take vs. regular condemnation take. 00:35 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi CRA workshop attendance. Report on status of CRA-02. J. Nardi 10:45 hrs/min F. Ramirez 01:45 hrs/min The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 STATUS REPORT ON STAFF ACQUISITION TIME FOR CRA-02 Marwan Ghali 08-43-45-21-07-004-1300 i 95,868.00 Task I June 17, 2002 01:00 hrs/min F. Ramirez File set up: Create an electronic and hard copy file, obtain Palm Beach County records on ownership, Obtain Corporate information and research contact information. June 18, 2002 03:15 hrs/min J. Nardi File set up and review: Review hard copy file and review sales history, assessed value. Review Palm Beach County records regarding the subject owner, verify records on corporate held property, (Division of Corporations, ISC, TRW) and note any encumbrances found in preliminary title review. July 1, 2002 Task II 01:10 hrs/min J. Nardi Collect data to determine value: Research subject sales status (listed or available for sale, Multiple LiSting Service) July 05, 2002 July 08, 2002 00:10 hrs/min J. Nardi Left message for Marwan Ghali, (561) 738-6123 00:25 hrs/min J. Nardi Spoke with Marwan Ghali, (561) 738-6123, set meeting to discuss the sale of property. July 08, 2002 July 09, 2002 July 11, 2002 July 12, 2002 July 25, 2003 01:55 hrs/min J. Nardi Valuation review Establish value estimate for subject parcel Review neighborhood for other current listings and sales Contact property owner of record and set a meeting to discuss acquisition 00:35 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi CRA Board Meeting. Report to the Board the status of CRA 02 assignment. 00:10 hrs/min J. Nardi Spoke with Marwan Ghali, (561) 738-6123, confn-m meeting for July 12, 2002. 02:50 hfs/rain J. Nardi, met with Marwan Ghali, on site to discuss acquisition. After discussing the Option Agreement and other terms, M. Ghali stated the purchase would have to include the business, as M. Ghali is not interested in relocating. 00:35 hrs/min J. Nardi received and rephed to email from D. Hutchinson and CRA Chair regarding presentation at August 3, 2002 CRA Workshop. August 01, 2003 The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 00:15 hrs/min J. Nardi received a call from D. Hutchinson corrffmning TUG's presentation at August 3, 2002 CRA Workshop. August 01, 2002 00:45 hrs/min F. Ramirez Prepare stares report for CRA Workshop Produce map and table identifying target parcels. August 01, 2002 August 02, 2002 August 03, 2002 00:35 hrs/min J. Nardi Prepare status report for CRA Workshop: Review and finalize map and table, and add acquisition comments. 00:45 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi Prepare report for CRA Workshop: Summarize and outline procedure for Eminent Domain for CRA acquisition targets. Prepare report for differences in Statutory slow take vs. regular condemnation take. 00:35 hfs/rain (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi CRA workshop attendance. Report on status of CRA-02. TOTAL: J. Nardi 13:15 hrs/min F. Ramirez 01:45 hrs/min The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 STATUS REPORT ON STAFF ACQUISITION TIME FOR CRA-02 103 ! Jesus House of Worship i 1000 N Seacrest Boulevard i N/A I i Jesus House of Worship i 08-43-45-21-10-004-0010 ii 78,614.00 Task I June 17, 2002 01:00 b_rs/rain F. Ramirez File set up: Create an electronic and hard copy file, obtain Palm Beach County records on ownership, Obtain Corporate information and research contact information. June 17, 2002 June 18, 2002 July 17, 2002 Task II 03:15 hrs/min J. Nardi File set up and review: Review hard copy file and review sales history, assessed value. Review Palm Beach County records regarding the subject owner, verify records on corporate held property, (Division of Corporations, ISC, TRW) and note any encumbrances found in preliminary title review. 01:10 hrs/min J. Nardi Collect data to determine value: Research subject sales status (listed or available for sale, Multiple Listing Service) July 05, 2002 00:15 hrs/min J. Nardi called for Portia and Eddie Evans, (561) 369-1242, no answer. Corporate Registered Agent, Director and President. J. Nardi left message for Diane and Lawrence Green (561) 276-7582. Corporate Secretary and Treasurer July 08, 2002 July 15, 2002 July 18, 2002 July 18, 2002 00:30 hrs/min J. Nardi, spoke with Diane and Lawrence Green. D. Green stated she did not believe the Church has any interest in selling. She stated that she would discuss the issue with the Board. J. Nardi stated he would follow up with D. Green. 00:35 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi CRA Board Meeting. Report to the Board the status of CRA 02 assignment. 01:55 hrs/min J. Nardi Valuation review Establish value estimate for subject parcel Review neighborhood for other current listings and sales Contact property owner of record and set a meeting to discuss acquisition 00:10 hrs/min J. Nardi left message for Diane and Lawrence Green (561) 276-7582. Corporate Secretary. July 18, 2002 00:15 hrs/min J. Nardi, spoke with Diane and Lawrence Green. D. Green stated the Church was not interested in selling the property. July 25, 2003 The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 (954) 522-6226 00:35 hrs/min J. Nardi received and replied to email from D. Hutchinson and CRA Chair regarding presentation at August 3, 2002 CRA Workshop. August 01, 2003 00:15 hrs/min J. Nardi received a call from D. Hutchinson confmuing TUG's presentation at August 3, 2002 CRA Workshop. August 01, 2002 00:45 hrs/min F. Ramirez Prepare status report for CRA Workshop Produce map and table identifying target parcels. August 01, 2002 00:35 hfs/rain J. Nardi Prepare status report for CRA Workshop: Review and finalize map and table, and add acquisition comments. August 02, 2002 00:45 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi Prepare report for CRA Workshop: Summarize and outline procedure for Eminent Domain for CRA acquisition targets. Prepare report for differences in Statutory slow take vs. regular condemnation take. August 03, 2002 00:35 hrs/min (time shown is equally split with CRA 01, and three parcels of CRA 02) J. Nardi CRA workshop attendance. Report on stares of CRA-02. TOTAL: J. Nardi 10:50 hrs/min F. Ramirez 01:45 hrs/min ~o 0 0 0 CRA TASK AUTHORIZATION NO. TWO PROPERTY ACQUISITION Jesus House of Worshi Roberts, Johnny and Betty Ghali, Marwan -TOTALS 12,750.00 850.00 850.00 850.00 2,550.00 5,100.00 Page 1 Memo Date: To: From: Subject: April 3, 2003 CRA Board Douglas Hutchinson Director's Report Due to the Dynamic nature of each of the items for the update, I will give a short verbal presentation on each. 1354 Memo To: From: Date: Subject: CRA Board Douglas Hutchinson March 3, 2003 Facade Grant Applicant Boynton Boundless, L.L.C. The Fa(;ade Grant Application submitted by Boynton Boundless, L.L.C was tabled at the March 11th Board Meeting due to insufficient documentation, visual depiction, generalized scope of work not specific to the Fa(;ade of the building and the CRA Fa(;ade Grant requirements. The applicant to this date has not provided sufficient revised documentation; as a result, Staff is recommending that this item is once again tabled to the May Board meeting. 1356 VIII. Old Business Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1355 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 Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson CRA Executive Director April 1, 2003 Next Step for Savage Creatures of Ancient Seas Project Competition It is Staffs suggestion to call for a "Project Competition" as the next step to move forward with the Project Development. The Competition's goal would be to generate a pool of local, regional and national team submittals. From this pool three finalists would be selected who would then develop a full Design Presentation and present a proposed Project Team. Program Package for Competition The process would start with Staff developing additional elements defining foot print, site location conditions, operation flow paths, etc. These elements further enhance this Study to create a Project Program Package for the Competition. Staff estimates that this would take 30 days. Advertising Due to publishing cycles, it will take up to 45 days to place the advertisement(s). It is proposed that the Competition be advertised for 60 days nationally with a 90 day submittal deadline after the advertising period. Selection Process An appointed Selection Committee would score the initial responses on design concepts and team profiles. It is suggested that this Committee include Advisory Team Members who had input in this Study plus other specialists and disciplines as seen necessary by the CRA Board. The review process would be estimated to take 30 days. The top three firms would be forwarded to the CRA Board for an invitation to compete 1359 IX. New Business Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1358 The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabihty an equal opporttmity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Douglas Hutchinson at 561-737-3256 at least tWenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. MEMO DATE: April 2, 2003 TO: CRA Board FROM: SUBJECT: Douglas Hutchinsonl~..~ Consideration of Southern Homes' Murano Bay temporary sales office. request for Banners at the Staff is requesting that the consideration of Southern Homes' Banners at the Murano Bay's temporary sales office be tabled to the May 13, 2003 CRA Board Meeting. 1357 construction. It is not productive to apply for grants prior to selection of the team. The Project then is able to provide a Scope of Work and phasing costs to grant sources. In summary, the suggested next step would be to call for a Competition on a national level, select three finalists to compete and award the finalists fees based on their finish order. Total budget is $70,000 for award funds and $5,000 for advertising for a total of $75,0OO. 1361 for the Project. These three finalists would then have 120 days to prepare for the presentation to the Selection Committee and CRA Board. The three finalists would be awarded fees as follows: First Place $40,000, Second Place $20,000 and Third Place $10,000. The Selection Committee would make a final recommendation to the CRA Board no later than 30 days after the presentations. The Board would then decide to "Go" or "No Go" on the Project. If decided to move forward, the CRA Board would instruct Staff to negotiate a contract and bring it back to the Board for approval. This would take approximately 30 days. Upon approval, the Work would begin with the ability for the CRA Board to assess the Project Feasibility at any time during the process. Scope of Work The Scope of Work for the selected team is proposed to take the elements of this Feasibility Study and bring the Project into a reality. Critical is the linkage of Feasibility Forecasts, Architectural Design, Exhibit Design and Construction. Many museum projects suffer greatly from disjointed efforts from these disciplines; i.e., the Feasibility Study is completed early in the Project sequence, but sometimes does not have significant architectural, exhibit design and construction inputs to represent the actual Project that is built. The results are projects that routinely run over budget and have delayed openings and a high failure rate. Linking the Scope of Work to one team will help assure that the end project is feasible with outstanding designs, practical construction and opened within budget. Public Projects require this Plan of Work to move forward to approach funding sources and raise funds in capital campaigns. Both efforts require visual presentation materials, firm feasibility analysis, initial architectural and exhibit designs with solid budgets. Various funding sources then are brought into the Project based on their particular program focus. In fact, there is a potential for several planning and development grants for this first step. The grant sources generally require a matching amount for grants and usually fund planning grants upon completion of the study and beginning of 1360 TIMEFRAME FOR PROJECT COMPLETION Note that with streamlined processes by the CRA and the chosen Team, it is expected to reduce the opening date by 6 to 9 months. Item CRA Board Consideration for Next Step Staff Development of "Program Package" Advertising Placement Advertising Period Submittal Deadline Review Process by Selection Committee & CRA Board, Selection of Finalists Finalists Develop Presentations Final Recommendations and Selection Contract Negotiations & Approval by CRA Initial Materials Completed "Go" or "No Go" Final Fund Raising Starts Grants/Capital Campaign Building Permit Submittal Construction/Exhibits Design Begins Solicit Bond Counsel Secure Bond Counsel Building / Exhibits Construction Design completed Final Plan Review & Approval Construction Begins Bonds Placed by Construction Completion Grand Opening No. of Days Date Completed 30+ April 8th, 2003 30 May 13th, 2003 45 July 1st, 2003 60 Sept. 1st, 2003 90 Dec. 1st, 2003 30 Jan. 11th, 2004 120 May 11th, 2004 30 June 8th, 2004 30 July 13th, 2004 90 Oct. 12th, 2004 Nov. 9th, 2004 30 (months) 180 180 60 Jan. 11th, 2005 Aug. 9th, 2005 Sept. 13~, 2005 20 (months) Oct. 1"t, 2005 Dec. 1st, 2005 Jun. 1st, 2007 July 1~t, 2007 1362 Memo Date: To: From: Subject: April 1,2003 CRA Board Douglas Hutchinson Urban Group Contract The legal representative of the CRA has developed a contract which has established the CRA as the "Primary Contract Client" with the Urban Group for Real-estate Services. Attachments A, B, and C were present to at the March 27th workshop for your review. 1363 CONSULTANT AGREEMENT FOR REAL ESTATE ADMINISTRATOR SERVICES This is an Agreement entered into on the day of between: , 2003, by and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a local governmental agency (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435, and THE URBAN GROUP, INC., a Florida corporation, (hereinafter referred to as ("Consultant"), with a business address of 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316, WHEREAS, the CITY OF BOYNTON BEACH pursuant to RFQ No. 075-2413-01/KR sought proposals for real estate consulting services; and WHEREAS, the CITY OF BOYNTON BEACH entered into an Agreement dated November 6, 2001, with Consultant as a result of said RFQ; and WHEREAS, the CITY OF BOYNTON BEACH CRA pursuant to its purchasing policy wishes to utilize the Agreement entered into between the CITY OF BOYNTON BEACH and Consultant; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties hereto as follows: Section 1. Scope of Services. The scope of services shall be as outlined in the Agreement between the CITY OF BOYNTON BEACH and Consultant dated November 6, 2001 (copy attached hereto, incorporated into and made a part of this Agreement and marked as Exhibit "A"), and the services identified in the City's RFQ No. 075-2413-01/KR (copy attached hereto, incorporated into and made a part of this Agreement and marked as Exhibit "B"), and Consultant's response thereto, (co,p,~,,~ttached hereto, incorporated into and made a part of this Agreement and marked as Exhibit . Section 2. Terms. All the terms of the three documents identified above as Exhibit "A", "B", and "C" are hereby incorporated herein and made a part hereof except when the words "City Commission" are used, CRA Board shall be substituted therefor, when the words "CITY OF BOYNTON BEACH" are used, CRA shall be substituted, therefor, when the word "City" is used, CRA shall be substituted therefor. 1364 Section 3. Notice· Notice to CRA shall be provided to: Douglas C. Hutchinson COMMUNITY REDEVELOPMENT AGENCY 639 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Notice to Consultant shall remain the same as in Section 16 of the CITY OF BOYNTON BEACH Agreement. Section 4. Agreement. This Agreement may be executed in two (2) completely signed copies, each of which shall be deemed to be an original. /N WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this . day of ,2003. CRA THE URBAN GROUP, INC. By: By: CRA Chairman President CRA Director (Corporate Seal) STATE OF · · COUNTY OF · BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of THE URBAN GROUP, INC. and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of THE URBAN GROUP, INC. for the use and purposes mentioned herein and that the instrument is the act and deed of THE URBAN GROUP, INC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2003. My Commission Expires: Notary Public, State of Florida at Large 1365 -2- C:kDocuments and Sctfings\vielhauers.000~Local Settings\Temporary Interact Files~OLK3C\Consultant Agreement for Real Estate Administrator Services3.doc Memo Date: To: F rom: Subject: April 3, 2003 CRA Board Douglas Hutchinson Contract Acquisition Task in the Heart of Boynton The Urban Group has proposed a "Work Task" for the Heart of Boynton property acquisition project. The work is for up to 30 properties with willing sellers in the target area. Total cost is up to $5,048.68. The "Work Task" covers the properties identified by the City for CRA assembly. The work does not commit the CRA to purchase or other obligation unless and until approved by the Board. 1366 Apr-03-03 09:22A P.0I April 3, 2003 Mr. Douglas Hutchinson Director, Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 RE: Acquisition, Relocation, and Property Management Services Dear Mr. Hutchinson: We are pleased to hear that the City of Boynton Beach, (City) and the Community Redevelopment Agency, (CRA) are pursuing the goals of the "Heart of Boynton" Project. The Urban Group, (TUG) is eager to assist the City and the CRA in developing a successful strategy. At this time, I believe TUG can provide vital information, with respect to a Cost Estimate for this assignment. Cost Estimates that TUG has completed in the past were very detailed, and included contact with each property owner and tenant. Based on our conversation, this degree of detail may not be necessary at this time. TUG proposes a cost conscience approach, where historical factors may be used in place of personal contacts. For instance, TUG could make some assumptions as to the number of displacees of the project's residential neighborhood, based On our relocation experience. This assumption, or factor, could then be used on all single-family residences to determine an estimated number of overall relocation units. Another example, TUG could prepare appraisal reports to determine the fair market value, or we could look at all recent sales and determine what percentage they sold at over assessed value. That factor would then be used on every property in the project to estimate a market price. Using this approach for each property will greatly reduce the CPA's expense for the Cost Estimate. The line item expenses that are to be included in the proposed Cost Estimate are listed on the following page. 1367 The Llrb#n Gr~)up~ Inc, · 1424 ,.%mb A~sdrcws Avcnue, Suite 200 · Forl I,auderdalc, Florida .33316 TELEPHON£ .054-512-6226 · FAX .054-522-6422 Ap~-03-03 09:22A P.O2 April 3, 2003 Mr. Hutchinson Page 2, continued Willing Se!!..er Program Exr)ense* Acquisition Land and Improvements Appraisal Fees Due Diligence Costs, (Asbestos and Phase I Environmental Surveys) Closing Expenses, (Title work, boundary survey and closing agent) Relocation Replacement Housing Move Costs Property Management Demolition Costs Asbestos Abatement Costs Hazardous Waste/Clean up Consultant Fees and Costs * Please note that Eminent Domain action would introduce several additional expenses. Attached is TUG's price proposal for the completion of the Cost Estimate. Please note this assignment has been pdced based on the work effort to provide one report for both the City and CRA's parcels. Furthermore if the City and CRA intend to authorize said work, it would be necessary to receive a notice to proceed simultaneously. Should you wish to discuss this correspondence further you may reach me at (888) 522- 6226, extension 127. Sincerely, ii~m~~dc~iBAN GROU.~INC. Vice President CC: Howard Steinholz, The Urban Group, Inc. 1368 The Llrl)a. (;roup, Inc. · [424 fi, uth Artdrcws Avcrmc · Suite 200 · Fort I,~ttKtc~dalc. FIc~fidu 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Distribution of CRA Minutes March 28, 2003 Attached you will find the distribution list of the CRA minutes by the City Clerks Office. Staff is also putting the minutes into the 21 packages they distribute for CRA Board meetings. The 21 packages are distributed to the City Manager, Assistant City Managers, City Attorney, CRA Members, City Clerk, Development Director, Planning and Zoning Director, Sun Sentinel and the Palm Beach Post. Staff is seeking direction as to whether the City Clerk's Office should distribute CRA Minutes or only to the CRA Director who will then distribute the minutes to all other parties. 1370 Hutchinson, Douglas From: Sent: To: Subject: Collins, Sue Wednesday, March 12, 2003 4:02 PM Hutchinson, Douglas CRA Corrected Minutes I spoke to Janet Prainito about the corrected minutes and e-mailing them to you. She requested that I send you signed copies of the corrected minutes instead which I have done for the 3 meetings that had changes that were mentioned at last night's meeting. They are in the internal mail on their way to you. However, I didn't change the January 16 meeting from a special meeting to a workshop because action was taken at that meeting by way of a motion - thought you'd want to keep it as a special meeting. Please let me know if you have any questions or concerns. Thanks. Susan Collins City Clerk's Office 1372 X. Other Items Xl. Adjournment. Any person who decides to appeal any decision of the Community Redevelopment Advisory Board with respect to any matter considered at this meeting will need a recOrd of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1373 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 Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. 03/24/2003 09:25 6090 CITY:CLERK PAGE 01/01 ..... cOI MUNiTY REDEyELOPt4ENT AGENCY C~i~ Commission L5) comm~ Improvem'~nt Dir (if" City Manager (1) Rnance Dir,ector (1) City Attor .n:ey (].) P&D Chair - (1) ~CRA Members (7) Deputy City Oe~k (1) 0R Clerk, (1) Dale Sugerman, , (1) Development: Dir, (1) CRA Director* ,.Chamber of Comme ,rce* *e-mail minutes to CRA Director ~); Hutchinson~)d.bovnton-beach.fl.us *e-mall minutes to Chamber of Commerce enidL~bovntonbeach,.,om_ Photocopy of minutes to be placed in advisory board folder, Original set of minutes is placed in ~ in closet 1371 *FORM 8B_ MEMORANDUM OF VOTING CONFLICT FOR -COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I A~'I NAMI: I'IR~1%AMI ,Mil)Iff F NAMF MAll.IN(; AI)I)R I:.~.~ i)~1'1[ ON WHICH VOl F (I~.'CURRF. I) NAME OF' #OARD, COUNCIl.. ¢~M M I~.~ION. AU'l HORITY. OR C~MMI]'I'EE I'HF 80,~RI). COUNCn., ('OM MI.%~ION. AIJTHORITY OR COMMIll'EE ON ,,.,c., A ,,N,,' CITY ri COUNTY ri O'1 HER LOCAl. AGENCY NAME OF POI,ITICAI, ,~ttl~OiVlSION: MY POSITION I~ I:l ELECTIVE ~'~A PPOI NTIV E WHO MUST FILE FORM 8B This form is for use byany person serving at the county, city, or other local level of governmem on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office .MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agent.) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; ontt WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appoimive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. £'E FORM ~B- I-~1 P-~SE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participatins. · You ,should complele the~'~rm and file it within 1~ days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DI$CLOSUIIE OF LOOAL OFFICEIP$ INTIlII[I' (a) A measure came or will come before my agency which (check one) __ inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM I~B - PAGE FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IASI NAMI IIRSl %~MI MIDI)II' NAME ' NAMEOF HOARI),COIIN('II..('OMMI.N.%ION, AUIIIORI1Y. ORCOMMII']EE MAIIIN(i M)I)RIS~ ('IIY I)AI F OS WHICH ~,()11- IFil: I~(I&RI). ('OUN('II. COMMINSI()N, Alii HORI1Y ()R COMMII'] EE ON WHIClt I SI:RyE IS A UNI1 OF: Q CIIY O .COUNTY. Q OILIER I~AI. AGENCY NAME OF POlITICAl. SUBDlYlSION: MY PO~ ITION (3 El. ECl'lYE (3 APPOINTIVE' WHO MUST FILE FORM 8B This form is for use by all)' person serving al thc count)', city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are pre. sented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR OOMPUANOE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective count)', municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special pri,~ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government ageno') by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an.,,' attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with tile person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. P .xG E C'E FORM gB- I~1 COMMUNI TY REDEVELOPMENT AGENCY- ROLL CALL VOTES ~i ~n~el- · - ~ YES NO I-- YES NO Alexander DeMarco I ~ I I Don Fenton ~ '~/- ~ ~ Vice Chair Heavilin · ~ I I Michele Hoyland ~ ~ ~ ~ Henderson Tillman ~ -~ c~, YES YES NO YES NO Vice Chair Heavilin __ Alexander DeMarco Jose Aguila · ~// / · · Don Fenton Chairman Finkelstein Michele Hoyland Henderson Tillman YES __ YES NO YES NO Michele Hoyland ~ Alexander DeMarco ~ .lose Aguila Henderson Tillman I ~/ ~ ~ Chairman Finkelstein ~~// ~ I Vice Chair Heavilin I J// Henderson Tillman Chairman Finkelstein Jose Aguila Michele Ho¥1and Alexander DeMarco Vice Chair Heavilin Don Fenton YES NO YES NO s:\cc\wp\minutes\cra\roll call sheets.doc