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Folder Backup 2007 - :~-=_"_':~,:,:'"''<':::,,'~2<:-:it:;~-;~~:. . < -.~;~. tIr~';J]' .1f . ,,' . . \. {', ;/<<tlJfil I: I I r ! ii 9th Annunf Fhih'H!! TfjU~ tlonl~ni II 7 a.m. to 4 p.m. at Two Georges Marina , For information, call 561-736-2717 II 11 ;,1 If'll , ;" 1'1 '''''',1"". "."1' ! I,",.J; .tIP";... . \-,::;': OJ;. t! ~. ".' ..:, : ,f ~', '.'" ,:' _ Unique Shops, Uve Entertainment, Art Exhibits, Wine Tasting and Restaurants 1 p.m. to 8 p.m., 640 East Ocean Ave. (across from Marina) ~' ~!: '. I .. !; I ;. I Ui ! ' '" ;1 IJ j I .j ., Ii II fJ J "Avenue of the Arts" Walking Tour Fascinating works of art and the stories behind them 1 p.m. to 5 p.m. along Ocean Ave. I J:~""c- t'i!nf l If '[;,' \} I)hi, i'i;~ Schoolhouse Children's Museum is sponsoring kids crafts, face painting, entertainment, and food & drink vendors offered in conjunction with the Boynton Beach Police Department's "National Night Out" safety activities. Free give awaysf! For information: www.bbpd.org 1 p.m. to 6 p.m. at the Schoolhouse Children's Museum, 129 East Ocean Ave. Ii ~f Ii ; , f, {/ I 1 'I i. t.: ~ 1" \' L {! i: L 1 t 1,- i ~:. ~: \ r I I I n i f' i 1 ; t:;:, ~'i I' '~! \. Uve Entertainment, Arts & Crafts Booths, Refreshments, Tournament Awards Ceremony, and Announcement of Marina Name Change Contest Winner! 1 p.m. to 8 p.m. at Two Georges Marina FREE Trolley Shuttle! . www.bc-yntonbeachcra.com 561-742-6246 ~ ~ GRILLE -----=-.--. ~ ~~---- ~~~~e~ICRA Ii EmSl~SIdo-SouIdo__co ~ Palm Beach~ PalmBeachPost.com ."""'-'o/"~_"""'_"::.:::';':;"; _',,-~,;~'o" ~..:':"~"'-':';~.~';"';i~~-:--;:;;:;;;F~,:'-~~---:::- . ;YJ.;:\,,'''''''-'''"''( ~:<~~~:i~'2y-:;,:=-~;':::;_;;:=::-,77-:: _> Page 1 of 1 Kahn, Stephanie Sent: To: Kahn, Stephanie Friday, December 28, 2007 11: 13 AM Atwood, Barry; Bright, Lisa; Buckley, Ashley; Chamber of Commerce; Copley, Judith; Greene, Quintus; Harris, Susan; Sherrod, Octavia; Swanson, Lynn; Tucker, Patricia Subject: Minutes for the CRA Board Meeting of December 11, 2007 are attached Attachments: Minutes 12-11-07.pdf From: 12/28/2007 S'0 {f--1'l'}~ 3QYNTON C\--,.,.. 3 ~ A C -H'''~$~ (\~ .~ East Side-West Side-Seaside Renaissance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she 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. CRA Board Meeting Tuesday, July 10, 2007 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Jerry Taylor II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - June 12,2007 B. Approval of the Period-Ended June 30, 2007 Financial Report and Budget Amendments C. Approval of Funding up to $20,000 from the Residential Improvement Grant Program (Bond II 02-58300-474) to Nancy Schneider for the Property Located at 527 NW 10th Avenue D. Approval of Funding up to $20,000 from the Residential Improvement Grant Program (Bond II 02-58300-474) to Cornelius Jones for the Property Located at 557 NW lih Ave E. Approval of Funding up to $20,000 from the Residential Improvement Grant Program (Bond II 02-58300-474) to Gertrude Sullivan for the Property Located at 201 NE 6th Ave F. Approval of Funding up to $20,000 from the Residential Improvement Grant Program (Bond II 02-58300-474) to William Aikens for the Property Located at 126 NE 1 st Ave G. Approval of Funding up to $50,000 to Remy Thomas from the Homebuyers Assistance Program (Bond II 02-58300-473) H. Approval of Funding up to $16,000 to Myrtle Marshall from the Homebuyers Assistance Program (Bond II 02-58300-473) I. Five Towns College Update (Info. only) VI. Public Comments: (Note: comments are limited to 3 minutes in duration) VII. Public Hearing: Old Business: None New Business: A. NE 7th Avenue and NE 8th Avenue Allev Abandonment DESCRIPTION: City Initiated Abandonment - Alley between NE 7th Avenue / NE 8th Avenue (ABAN 07-003) City-initiated Alley between NE 7 TH Avenue and NE 8th Avenue, east of Federal Highway Request for abandonment of an alley between NE ih Avenue and NE 8th Avenue, along the boundary of the Lake Addition and Boynton Place Subdivisions. 1. PROJECT: AGENT: LOCATION: VIII. Pulled Consent Agenda Items IX. Old Business: A. Status of MLK Corridor RFP Negotiations with Intown Partners B. Presentations by Respondents to Ocean Breeze RFP in Alphabetical Order I. American Realty Development II. Auburn Development III. Pinnacle Housing Group C. Recommendation by Independent Selection Committee for Ocean Breeze RFP D. Selection of Proposer to Begin Development Agreement Negotiations for Ocean Breeze RFP X. New Business A. Discussion of CRA Legal Counsel XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment 7 Members - 4 Yr. Terms Ordinance No. 000-69 (Changed fr Commission to independent board) COMMUNITY REDEVELOPMENT AGENCY - 2007 LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCIATION Chaney Rev. Lance 6/20/10 238 Birch Street Pastor St. John Missionary Baptist Appt'd Boynton Beach, FL 33426 Church 7/18/06 547-7787 Heavilin Jeanne 1/10/09 PO BOX 243693 (734 NE Salefish Realty 9TH AVE) 640 E Ocean Avenue Appt'd BOYNTON BEACH 33424 Boynton Beach, FL 33435 (561) 731-4474 (561) 736-8300 12/5/00 Cell: (561)901-8714 Fax (561) 738-7911 ReAp 1/4/05 jheavilin@bellsouth.net Horenburger Marie 6/20/08 3020 PINE TREE LANE Business Consultant BOYNTON BEACH 33435 Fax (561) 733-0034 (561) 733-0041 nhorenburger@cs.com cell(561) 901-2583 Myott Steve 1/10/09 3012 FERNWOOD DR Vice President, Commercial Division BOYNTON BEACH FL Quincy Johnson Architects Appt'd 7/6/04 33436 949 Clint Moore Road (561) 736-3564 Boca Raton, FL 33487 ReAp 1/4/05 Cell (561) 436-5834 561-997-9339 X31 Norem Stormet 1/10/10 800 W. BOYNTON BEACH Licensed Funeral Director Vice Chair Appt'd 1/17/06 BLVD. Boynton Memorial Chapel BOYNTON BEACH 33426 800 W. Boynton Beach Blvd. (561) 734-5600 Boynton Beach, FL. 3021 South Sea crest Sims Guam 1/10/08 Blvd. Principal of Galaxy Elementary Appt'd 4-28-06 Boynton Beach, FL 33435 School (561) 734-7993 301 Galaxy Way Cell (561) 827-3051 Boynton Beach, FL 33435 561- 369-7090 Tillman Henderson 1/10/09 54 BENlWATER CIRCLE Spanish River High School Chair BOYNTON BEACH, FL 5100 Jog Road 33426 Boca Raton, FL 33496 (561) 965-6776 (561) 241-2200 Ext. 2540 Updated 12/04 06 / s:\CC\WP\BOARDS\USTS\CRA Board.doc 5 ~~~Y~T2~ eRA iii East Side-West Side- Seaside Renaissance If any person decides to appeal MlY decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she 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. CRA Board Meeting Tuesday, May 8, 2007 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Henderson Tillman II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - April 10, 2007 B. Approval of the Monthly Financial Report and Budget Amendment C. Sea Mist Acquisition Status (info. only) D. Review of Infill Site Plans & Home Designs (Parker Site & Habitat Site) E. Marketing and Communications Update (info. only) F. Residential Improvement Grant Program (info. only) VI. Public Comments: (Note: comments are limited to 3 minutes in duration.) VII. Public Hearing: Old Business: None New Business: A. Harbor Cay Site Plan Time Extension 1. PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: B. Boynton Beach Lofts Site Plan Time Extension 1. PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. Boynton Beach Lofts (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert! Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008. C. Land Development Regulations Rewrite Code Review 1. PROJECT: AGENT: DESCRIPTION: Land Development Regulations (LDR) Rewrite (CDRV 07-004) Use Matrix and Notes City-initiated Group 2 deliverable as indicated on the proposed LDR Rewrite Work Schedule, including the Zoning Use Matrix and corresponding Notes and restrictions to ultimately replace and enhance portions of the current LDR Part 3, Chapter 2. Zoning, Sections 5 through 8. VIII. Pulled Consent Agenda Items IX. Old Business: A. Approval of City/CRA ILA for the A venue of the Arts B. Approval of EDA W Contract C. Approval of Recommended Professional Services Providers per RFQ D. Approval of PBC Development Regions Grant Agreement for Village Homemade Ice Cream E. Presentation of Treasure Coast Regional Planning Council Market Update X. New Business A. Consideration to Purchase 127 NE 4th Avenue (Bailey) for Townhouse Project XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment ~qY~T2~ eRA East Side-West S',de-Seas'lde Rena',ssance If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a record of the proceedings, and that, for such purpose, he or she 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. CRA Board Special Meeting Tuesday, July 31, 2007 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Jerry Taylor II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval SCANNe City Clerk's Offj 0 ICe A. Additions, Deletions, Corrections to the Agenda B, Adoption of Agenda V. Old Business: A. Discussion and Approval of Re- Issuance of Ocean Breeze RFP VI. Adjournment ~<tY~T8~ eRA East Side-West S"lde-Seas',de Rena',ssance eRA Board Special Meeting - July 31, 2007 I Consent Agenda I x I Old Business New Business Public Hearing Other SUBJECT: Re-issuance of the Ocean Breeze Request for Proposal (RFP) SUMMARY: At the July 10th CRA Board meeting, CRA staffwas directed to reissue the RFP. After the meeting CRA staff was contacted by two members of the Commission requesting changes to the document prior to re-issuance. The attached document reflects the requested changes. Staff is recommending the following schedule upon approval of the document: August 1 st August 8th September 5th September 11 th September 19th September 21 st September 21 st October 9th Publish the RFP Preproposal Meeting at the CRA Offices Proposals Due at the CRA Offices CRA Staff distributes Proposals to the Selection Committee Selection Committee Responses due to CRA Staff CRA Staff completes Selection Committee Rankings CRA Staff Distributes Rankings & Proposals to CRA Board Presentation and Selection of Proposal to CRA Board FISCAL IMPACT: None. RECOMMENDA TIONS: Provide staff direction. ,. i(/- T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\CRA Board Special Meeting- July 31 20075\OCEAN BREEZE RFP.doc The Boynton Beach Community Redevelopment Agency Developer Qualification and Proposal Solicitation Heart of Boynton -Ocean Breeze Site City of Boynton Beach, Florida Proiect Description The Boynton Beach Community Redevelopment Agency (CRA) is issuing a request for qualifications and proposals for the redevelopment of an eight (8)(+1-) acre vacant site located in the Heart of Boynton community known as the "Ocean Breeze Site". Proposals must be consistent with recommendations made within the CRA' s Heart of Boynton Community Redevelopment Plan. The Plan's goals are to leverage the publicly owned real estate asset to support the redevelopment of the area, to increase the residential opportunities in the area, and to provide quality public enhancements that improve the recreational, economic, and cultural quality of life for residents. The central location, proximity to the coastal area, and significant public support creates a particularly attractive development opportunity. Community and Economic Settinl! The City of Boynton Beach, with a population of about 63,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri-county Miami-Dade/Broward/Palm Beach Metropolitan area. By virtue of its location, Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton is bounded to the west by 1-95, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. The Heart of Boynton Community Redevelopment Plan represents the second of the five- part CRA plan update. The area consists of approximately 338 acres located immediately north and west of the historic downtown core of the city. According to the 2000 census, the area contained 3,193 people, 89 percent of whom were African-American with a median household income of approximately $27,100. Given the location, history and demographic makeup of the community, there is a natural concern that redevelopment would mean "gentrification" and displacement of existing residents. Therefore, responses to the RFP should address this concern. Site and Stratel!ic Planninl! Considerations All development proposals must include the following: 1. Enhanced streetscapes to encourage pedestrian traffic and encourage additional private investment. 2. A covered trolley stop at Seacrest Blvd. 3. A site plan that conforms to accepted urban design principles. 4. An affordable housing component, a minimum of twenty percent (20%) of the proj ect. Architectural and Desil!n Considerations The project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. The Heart of Boynton Community Redevelopment Plan and the Heart of Boynton Master Plans & Schematic Design should be relied on for design guidance. Proposals that do not adhere to these plans will not be considered. Commitment to the Proiect The purpose of the CRA is to encourage redevelopment and civic improvements in its designated area. The Community Redevelopment Plan enables the area to generate tax increment revenue that can be used for a variety of activities associated with the redevelopment of the Heart of Boynton community. The CRA's Direct Incentive Programs may be available for developments that meet the program criteria. Proposals shall include a statement indicating to what extent the Proposal is contingent, if at all, on the receipt of incentives from the CRA, the City of Boynton Beach, or any other governmental entity. Documents Available For Review To better understand the CRA's objectives, as well as the opportunities and constraints for redeveloping the site, the following documents are available in electronic format and may be retrieved from the CRA at: http://www.boyntonbeachcra.com Heart of Boynton Community Redevelopment Plan Heart of Boynton Master Plans & Schematic Designs City of Boynton Beach Ordinance 07-008 (disclosure of lobbying) All proposals must include a certification by the Proposer that the Proposer has reviewed the foregoing listed documents and that the Proposal complies with the objective set forth in those documents. Submission Criteria Sealed developer qualifications and proposals must be received by the Boynton Beach Community Redevelopment Agency at 915 S. Federal Highway, Boynton Beach, Florida 33435, no later than 3:00 p.m. (E.S.T.) on . Faxed proposals will not be permitted. The failure to strictly meet this deadline will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the eRA office by the CRA's receptionist or other delegated representative for the receipt of the submittals. All of the following documents must be submitted or the proposal will not be considered (original plus twelve (12) copies of all documents and a disk containing the submission documents): 1. A written general statement of the qualifications of the proposing firm or entity, including examples of experience with similar projects, as well as background information on the principals. A copy of the most recent Federal Form 254 should be provided, if available. If the selected development entity is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. 2. A certificate of good standing from the Secretary of State in which the corporation does business. 3. A list of team members and their professional qualifications along with a list of projects on which they have actively participated. 4. A written list of projects developed by the entity including photographs, addresses, date the project was completed and general project description. 5. A detailed description of the proposed project, with text and graphics. This should include a schematic site layout plan, proposed density, parking locations, typical floor plans and elevations. If the project is to be phased, please describe the phasing plan and timing. 6. List of the number of units and types, including number of bedrooms, rental or for sale units, etc. Please estimate the number of units and type of units that will meet HUD's definition of "affordable". Such estimate should not be less than twenty percent of the total project. 7. A preliminary estimate of the total project cost, including any required infrastructure costs, along with the types and sources of financing including public subsidy or incentives (monetary or in kind), if any. 8. Proposer must demonstrate extensive experience with obtaining project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. 9. A signed written statement outlining the role a local non-profit Community Development Corporation would play in the proposed development project. 10. A signed written statement committing to using local residents in the development of the project. 11. A signed written statement to purchase the property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected as the qualified proposer. Any Purchase and Development Agreement ("Agreement") will contain performance criteria, agreements for time limitations for having funding in place and construction to commence, limitations on transferability or assignability of the Agreement without prior approval from the CRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. 12. A signed written statement indicating what percentage of the total units will be subject to a community land trust to be selected by CRA. 13. A preliminary commitment letter from a credible lending institution to fund the purchase of the property. 14. Proof of financial capability to complete a project of this scope. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential'. Financial information will be accepted only from the proposing entity. 15. A letter attesting that the respondent has read and understands all procedures of this RFP. 16. A promotional PowerPoint presentation, consisting of 10 to 15 slides. 17. A list of all individuals who have been engaged to lobby on behalf ofthe Proposer. Offerin2 The CRA is offering for sale an approximate eight acre vacant area (See Attached Site Map), located along the east and west side of Seacrest Avenue. This site has been selected for its high visibility and the opportunity to advance the redevelopment of the community. It is expected that the new development will compliment (not replicate) the existing physical characte; of the community. Accordingly, building heights should not exceed 35 feet and the style, color and building materials should reflect the sub-tropical characteristics of south Florida and the Caribbean (Floribbean). It is further expected that the development proposals will be consistent with the Heart of Boynton Community Redevelopment Plan, include additional amenities, as well as enhance or improve existing community assets. Overriding goals include quality design through the use of urban design principles, the use of alternative energy sources, encouragement of various modes of transportation and the provision of affordable housing. Respondents are encouraged to exercise creativity in defining a concept that satisfies the vision of the redevelopment plan, applicable zoning or entitlements, and sound real estate development practices. Additionally, the proposal shall include the enhancement of public spaces as indicated in the Heart of Boynton Redevelopment Plan and the Heart of Boynton Master Plans and Schematic Design. Zonin2 The current land use designation is High Density Residential and the zoning classification is Multi-Family (10.8 du/ac). Proposer may request that the property may be rezoned to Special High Density and Infill Planned Unit Development (20 du/ac). Process All proposals shall be preliminarily reviewed by the CRA staff for compliance with the requirements of submittal. All proposals which fail to meet the submission requirements shall be rejected by the Executive Director and the proposer notified by certified mail of the grounds for the rejection of the proposal. If there are five (5) or less proposals submitted in response to this RFP, the CRA staff shall evaluate the proposals using the following criteria and submit the staff evaluation to the Board. The Board will conduct a public hearing, consider the staff evaluation and the presentations by all Proposers, rank the proposals, and direct that negotiations with the top ranked Proposer commence. If there more than five (5) proposals, the CRA staff shall evaluate the proposals using the following criteria and submit the staff evaluation and a ranking to the Board. The Board will conduct a public hearing, consider the staff evaluation and the presentations by the top five (5) Proposers, rank the proposals, and direct that negotiations with the top ranked Proposer commence. Whether by committee or Board action, evaluation and ranking of proposals shall be based upon the following criteria: 1. Ex,Perience with development in markets similar to the project area. 2. Ability to proceed immediately from a financial and organizational perspective. 3. Adherence to the adopted Heart of Boynton Community Redevelopment Plan 4. Experience in obtaining project-based Florida housing subsidy funds. 5. Project design, amenities and public benefits. 6. Experience with working with local non-profits. 7. Commitment to use local residents in the construction of the project. 8. The percentage of units to be dedicated to the community land trust. 9. Cost of incentives to the CRA or the City of Boynton Beach. sought by the Proposer. Proposers will make their presentation before the Board of the CRA. PowerPoint presentations are required and twenty-five (25) printed copies of the presentation shall be made available. Following the public presentations, Proposers will be ranked by the CRA Board. The CRA and the successful proposer will commence negotiation of a Purchase and Development Agreement for the land. Should a Purchase and Development Agreement satisfactory to both parties not be able to be agreed upon within ninety (90) calendar days of the selection of the successful proposer, the negotiations shall be deemed unsuccessful and terminated. Upon termination, the CRA shall have the right to initiate negotiations with the second ranked Proposer or to resubmit the project for requests for proposals. There are two phases of the RFP process. Phase One commences with the announcement of the RFP and ends with the submission of proposals. Phase Two begins following submission of the proposals. During Phase One of the RFP process all communications from Proposers, whether direct or indirect, shall be through the CRA Executive Director or her designee. Proposers shall have no communication, directly or indirectly with members of the CRA Board during Phase One. Communications to the Executive Director or her designee are exclusively for clarification regarding procedures and objectives. During Phase Two Proposers may communicate with members of the CRA Board provided they do so in compliance with the City of Boynton Beach Lobbying Ordinance, Ordinance 07-008. Communication with any individuals in violation of the foregoing restrictions may result an individual or firm to be disqualified from participating in the development solicitation when such communication is determined by the Board of the CRA to have materially affected the RFP process. All questions or inquiries should be directed to Brightl@ci.boynton-beach.fl.us. Anticipated Schedule and Seauence of Events: All dates, with the exception of the Pre-submission and RFP submission dates are tentative. Pre-submission meeting: RFP submission deadline: Completion of Staff review for compliance with submission requirements: Submission of CRA staff report to Board: CRA Board meeting to hear presentations: Commencement of Negotiations: Contacts All correspondence and requests for information regarding the Heart of Boynton community, in general, and this project in particular, should be directed to: Lisa Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 brightl@ci.boynton-beach.fl.us N on- Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to this RFP on the part of any all proposers constitutes acceptance of this policy. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The contract documents shall include, but not be limited to, terms and conditions of this RFP, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. Permits. Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state, and federal laws, rules and regulations applicable to the business to be carried on under the contract. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, F.S., the Public Records Law. Information and materials received by the CRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether it is exempt from the Public Records Law. Otherwise, the CRA will treat all materials received as public records. Public Entity Crimes "A Person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact businesses with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list." DrU2 Free Workplace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We 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 that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy ofthe statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they 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 any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We 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 convicted. (6) We 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. Authorized Signature: Date Name & Title (typed) EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcell: A portion of Block C of the Plat of Boynton Hills, Boynton Beach, Palm Beach County, Florida, according to the plat thereof as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Northeast comer of Lot 147 of said Block C; thence South (assumed), along the East line of said Lot 147, a distance of 20.00 feet to the Point of Beginning; thence continue South, along the East line of said Block C, 228.36 feet to the Southeast comer of Lot 134 of said Block C; thence West, along the South line of said Lot 134, a distance of 100 feet to the East line of Lots 135 and 136 of said Block C; thence South along said East line and the Southerly prolongation thereof, 189.19 feet to the centerline of Grand Circle "N", being a curve concave Southwesterly having a radius of 591.65 feet, (a line radial to said curve bears North 410 04' 57" East); thence Northwesterly, along the arc of said curve 5.02 feet through a central angle of 00 29' 11" to the intersection with the Northerly prolongation of the East line of Lot 129 of said Block C, (a line radial to said curve at the said point of intersection bears North 400 35' 46" East); thence South along the said Northerly prolongation of the East line of Lot 129, a distance of 57.60 feet to the Southeast comer of said Lot 129; thence West along the South line of said Lot 129 and the South line of Lot 128, a distance of 150.00 feet to the West line of said Lot 128; thence North, along said West line, 15.00 feet to the South line of Lots 127 and 126 of said Block C; thence West, along the said South line of Lots 127 and 126, a distance of 100.00 feet to the West line of said Lot 126; thence North, along said West line, 45.00 feet to the South line of Lots 124 and 123 of said Block C; thence West along said South line, 100.00 feet to the West line of said Lot 123; thence North along said West line and the Northerly prolongation thereof, 193.23 feet to the intersection with the Westerly prolongation of the South line of Lot 141 of said Block C; thence North 760 46' 35" East, along said Westerly prolongation, 157.99 feet to the West line of said Lot 141; thence North, along said West line, 101.25 feet to the North line of said Lot 141; thence North 830 17' 55" East, along the North line of said Lots 141 and 142 of said Block C, a distance of 75.51 feet to a line 25 feet West of and parallel with the East line of Lot 150 of said Block C; thence North, along said parallel line, 92.44 feet to the North line of Lots 150,149,148 and 147 of said Block C; thence East along said North line, 205.00 feet to the beginning of a curve concave Southwesterly having a radius of 20.00 feet and a central angle of 900 00' 00"; thence Southeasterly, along the arc of said curve, 31.42 feet to the Point of Beginning aforedescribed. Parcel 2: Lots 1 through 12, inclusive, Block 1, Palm Beach Country Club Estates, according to the Plat thereof as recorded in Plat Book 11, Page 43, of the Public Records of Palm Beach County, Florida; and the South 1/2 of the East 1/2 of Lot 2, of Subdivision of the West 1/2 ofthe Southeast 1/4 of Section 21, Township 45 South, Range 43 East, according to the plat thereof, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, LESS the South 125 feet, thereof and LESS the right of way for "Seacrest Boulevard" as shown on Road Plat Book 5, Page 182, of the Public Records of Palm Beach County, Florida. Parcel 3: Lots 130, 131, 132 and 133, Block "C" "BOYNTON HILLS", according to the plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm beach County, Florida together with vacated portion of N.W. 7th Court, lying adjacent to and southerly of Lot 130, Block "C" recorded in Plat Book 4, Page 51.