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Agenda 07-13-10 CRA Board Meeting Tuesday, July 13, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jose Rodriguez 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. Informational Items by Board Members & CRA Attorney: VI. Announcements & Awards: A. Eastside Business to Business Expo – Wed., July 28, 2010 at Benvenuto Caterestaurant VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting June 8, 2010 B. Approval of Period Ended June 30, 2010 Financial Report C. Approval of Commercial Façade Grant to FSB-Fashion Shoppe Boutique, Inc. D. Approval of Business Signage Grant to SGVK, Inc. d/b/a Boynton Realty E. Approval of Commercial Rent Subsidy Grant to Modernizing Medicine, Inc. F. Approval of Commercial Interior Build-out Grant to Modernizing Medicine, Inc. G. Approval of Annual Back to School Community Health & Resource Fair H. Approval of Agreement with Gadson & Ravitz for the Amphitheatre Public Art Element I. Approval of Six-month Lease for CRA Office J. Approval of Budget Workshop Date K. Procurement Purchase Orders L. Approval of Community Meeting Grant to Timothy FL202 Chapter of the International Masons and Eastern Star M. Approval of Funding the Community Family Reunion in the Park N. Approval of Legal Bills Related to CRA Staff Investigations VIII.Pulled Consent Agenda Items : IX. Information Only: A. CRA Policing Activity Report for the Months of March, April, May & June 2010 and District Statistics for the Months of February/March, March/April, April/May and May/June 2010 B. Public Comment Log Update C. Letters to Federal Highway Businesses for Commercial Façade Grants X. Public Comments : (Note: comments are limited to 3 minutes in duration) XI. Legal: XII. Old Business: A. Presentation & Consideration of Responses for the RFP on 4-Lots in HOB B. Consideration of Letter of Intent for 710 N. Federal Highway as CRA Office C. Discussion of ULI Sustainability Pilot Project CRA GreenCentives XIII. Executive Director’s Report: A. Results of CRA Business Survey B. Status Report on Ocean Avenue Projects i. Marina Entry Feature ii. Amphitheatre iii. Jones Cottage iv. 211 E. Ocean Ave. nd C. Presentation of Small Business Development Program Graduation (2 Quarter) D. Discussion of Public Records Policies and Procedures E. Outcome of RFP for Land on MLK Blvd. F. Outcome of Staff Investigation Relating to Political Activities XIV. New Business: A. Consideration of Issuing an RFP for Site Development of Ocean Breeze West (21 Single-Family Homes) B. Consideration of Issuing an RFP for Fuel Dock Replacement Project XV.Future Agenda Items: A. History & Analysis of Local Businesses at CRA Events B. Downtown Interactive Google Map First Year Analytics C. Small Business Incubator Concept Project at MLK & Seacrest D. Marina Signage Entryway Feature at Boynton Beach Blvd. & Federal Hwy. E. Report on Mandatory Vacation Requirements XVI.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY ,/ MATTER CONSIDERED AT THIS MEETING HESHE WILL NEED A RECORD OF THE PROCEEDINGS ,,/ AND FOR SUCH PURPOSE HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE , PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH .(..286.0105) THE APPEAL IS TO BE BASED FS THE CRA 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 (561)737-3256-M CONTACT THE CRA AT AT LEAST TWENTYFOUR HOURS PRIOR TO THE EETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR . REQUEST -i I" lI!~gqY~Te~ eRA iii East Side-West Side-Seas.,de Rena',ssance CRA Board Meeting Tuesday, July 13, 2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 REVISED AGENDA I. Call to Order - Chairman Jose Rodriguez 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. Informational Items by Board Members & CRA Attorney: VI. Announcements & Awards: A. Eastside Business to Business Expo - Wed., July 28, 2010 at Benvenuto Caterestaurant VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting June 8, 2010 B. Approval of Period Ended June 30, 2010 Financial Report C. Approval of Commercial Fa9ade Grant to FSB-Fashion Shoppe Boutique, Inc. D. Approval of Business Signage Grant to SGVK, Inc. d/b/a Boynton Realty E. Approval of Commercial Rent Subsidy Grant to Modernizing Medicine, Inc. F. Approval of Commercial Interior Build-out Grant to Modernizing Medicine, Inc. G. Approval of Annual Back to School Community Health & Resource Fair H. Approval of Agreement with Gadson & Ravitz for the Amphitheatre Public Art .;jj. Element I. Approval of Six-month Lease for CRA Office J. Approval of Budget Workshop Date K. Procurement Purchase Orders L. Approval of Community Meeting Grant to Timothy FL202 Chapter of the International Masons and Eastern Star M. Approval of Funding the Community Family Reunion in the Park N. Approval of Legal Bills Related to CRA Staff Investigations VIII. Pulled Consent Agenda Items: IX. Information Only: A. CRA Policing Activity Report for the Months of March, April, May & June 2010 and District Statistics for the Months of February /March, March/April, April/Mayand May/June 2010 B. Public Comment Log Update C. Letters to Federal Highway Businesses for Commercial Fa9ade Grants X. Public Comments: (Note: comments are limited to 3 minutes in duration) XI. Legal: XII. Old Business: A. Presentation & Consideration of Responses for the RFP on 4-Lots in HOB B. Consideration of Letter of Intent for 710 N. Federal Highway as CRA Office C. Discussion ofULI Sustainability Pilot Project CRA GreenCentives D. Rescission ofCity/CRA Human Resources Interlocal Agreement XIII. Executive Director's Report: A. Results ofCRA Business Survey B. Status Report on Ocean Avenue Projects ~;7 1. Marina Entry Feature 11. Amphitheatre 111. Jones Cottage iv. 211 E. Ocean Ave. C. Presentation of Small Business Development Program Graduation (2nd Quarter) D. Discussion of Public Records Policies and Procedures E. Outcome ofRFP for Land on MLK Blvd. F. Outcome of Staff Investigation Relating to Political Activities XIV. New Business: A. Consideration ofIssuing an RFP for Site Development of Ocean Breeze West (21 Single-Family Homes) B. Consideration ofIssuing an RFP for Fuel Dock Replacement Project XV. Future Agenda Items: A. History & Analysis of Local Businesses at CRA Events B. Downtown Interactive Google Map First Year Analytics C. Small Business Incubator Concept Project at MLK & Seacrest D. Marina Signage Entryway Feature at Boynton Beach Blvd. & Federal Hwy. E. Report on Mandatory Vacation Requirements XVI. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CRA 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 CRA Board Meeting Tuesday, July 13,2010 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order - Chairman Jose Rodriguez 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. Informational Items by Board Members & CRA Attorney: VI. Announcements & Awards: A. Eastside Business to Business Expo - Wed., July 28, 2010 at Benvenuto Caterestaurant VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting June 8, 2010 B. Approval of Period Ended June 30, 2010 Financial Report C. Approval of Commercial Fa9ade Grant to FSB-Fashion Shoppe Boutique, Inc. D. Approval of Business Signage Grant to SGVK, Inc. d/b/a Boynton Realty E. Approval of Commercial Rent Subsidy Grant to Modernizing Medicine, Inc. F. Approval of Commercial Interior Build-out Grant to Modernizing Medicine, Inc. G. Approval of Annual Back to School Community Health & Resource Fair H. Approval of Agreement with Gadson & RavJtl i,'1' tilt' Amphitheatre Public :\rr Elemcut I. Approval of Six-month Lease for CRA Officc J. Approval of Budget Workshop Date K. Procurement Purchase Orders L. Approval of Community Meeting Grant to Timothy FL202 Chapter oflhe International Masons and Eastern Star M. Approval of Funding the Community Family Rcunion in the Park N. Approval of Legal Bills Related to CRA Staff Investigations VIII. Pulled Consent Agenda Items: IX. Information Only: A. CRA Policing Activity Report for the Months of March, April, May & June 201 0 and District Statistics for the Months of February/March, March/April, April/May and May/June 2010 B. Public Comment Log Updatc C. Letters to Federal Highway Businesses for Commercial Fa<;ade Grants X. Public Comments: (Note: comments arc limited to 3 minutcs in duration) XI. Legal: XII. Old Business: A. Presentation & Consideration of Responses for the RFP on 4-Lots in HOB B. Consideration of Letter of Intent for 710 N. Federal Highway as CRA Oflicc C. Discussion ofULl Sustainability Pilot Project CRA GreenCentives XIII. Executive Director's Report: A. Results of CRA Business Survey B. Status Report on Ocean Avenue Projects i. Marina Entry Feature I!. Amphitheatre 111. Jones Cottage IV. 211 E. Ocean Ave. C. Presentation of Small Business Development Program Graduation (2nd Quarter) D. Discussion of Public Records Policies and Procedures E. Outcome ofRFP for Land on MLK Blvd. F. Outcome ofStaffInvestigation Relating to Political Activities XIV. New Business: A. Consideration ofIssuing an RFP for Site Development of Ocean Breeze West (21 Single-Family Homes) B. Consideration of Issuing an RFP for Fuel Dock Replacement Proj ect XV. Future Agenda Items: A. History & Analysis of Local Businesses at CRA Events B. Downtown Interactive Google Map First Year Analytics C. Small Business Incubator Concept Project at MLK & Seacrest D. Marina Signage Entryway Feature at Boynton Beach Blvd. & Federal Hwy. E. Report on Mandatory Vacation Requirements XVI. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECIStON MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICtPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ~~~~Y~Te~ eRA . East Side-West Side-Seas'lde Rena'lssance eRA BOARD MEETING OF: July 13,2010 I I Consent Agenda I Old Business New Business Public Hearing I X I Otber SUBJECT: Eastside Business to Business Expo SUMMARY: . Eastside Business to Business Expo Wednesday July 28, 2010,5:30 p.m. -7:30 p.m. . Joint CRA, Chamber and City event . Benvenuto Caterestaurant, 1730 North Federal Highway, Boynton Beach, FL 33435 . Sending invitation to CRA district . Expo tables available to Chamber members for $100.00 . Attendees pay $10.00 which includes: One drink and a variety of Hors d'oeuvres from various restaurants . Complimentary valet parking provided FISCAL IMPACT: $1,000.00 from line item 01-51010-203 RECOMMENDATIONS: None ~ Kathy Biscu tl Special Events Director Eastside Business to Business EXPO ilil-m-----.....-.-- ---.~.-~-,-._--~.-.~.------.-.-.--------.--,.-'-~.----.~-'-.~-._---_._------~-------..-~-" .m---' .... -- ---l~ If 1'-: Ii fi' ~ ~. ifi I h-' I" I~ I I 1\ I II II, I~~: II. Ir.~, ff~ ; rr---- --~ - "'" fa, \' k' Ii I.' 11 ~! l 1[:/ I r Join us for an opportunity to promote your business and network with fellow entrepreneurs... Wednesday, July 28, 2010 5:30 p.m. - 7:30 p.m. Benvenuto Caterestaurant 1010 South Federal Highway Boynton Beach i< ii; 1+ w I;:, I RSVP by July 26 Kathy Biscuiti, 737-3256, ext. 212 www~bQyntonbeach.c;ra ',j I;}, i# If{ i' !t i~\ i~\ Ii' !~ 14i I~ '," I; i Free valet parking and complimentary appetizers included Business owners are invited to participate in this information forum to promote their services and learn about discounted Chamber of Commerce memberships, Palm Beach Post advertising, and funding opportunities available to assist our local merchants during this economic slowdown. Joint networking, partnership event sponsored by: ~ BOV,..;.:rc:;N.........&ACH OH............. 0.. C10.............01F' . ~~fly~2~CRA _E.,., s;<!~-w~" S,d(,~~~,':,,,,,.Il",,',,,,",,:, ~ Doc~~,~c~~~C Ii', .J MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, JUNE 8, 2010 AT 6:30 PM IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FL 33435 PRESENT: Jose Rodriguez, Chair Marlene Ross, Vice Chair Bill Orlove Woodrow Hay Steve Holzman Lisa Bright, Executive Director James Cherof, Board Attorney I. Call to Order - Chairman Jose Rodriguez The meeting Wl;\S called to order at 6:28 p.m. Chair Rodriguez commented a Special City Commission meeting would be held. Accordingly, the Community Redevelopment Agency Board would approve the agenda, recess for the City Commission meeting and reconvene the regular Community Redevelopment Agency meeting. II. Pledge to the Flag and Invocation Chair Rodriguez gave invocation. Mr. Orlove led the Pledge of Allegiance to the Flag. III. RollCall The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chair Rodriguez pulled Consent Agenda Items VilA and VII.D. B. Adoption of Agenda Motion Mr. Hay moved to approve the agenda. Vice Chair Ross seconded the motion. The motion passed. Chair Rodriguez requested a motion to recess the meeting to accommodate the business of the City Commission. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Motion Vice Chair Ross moved to recess for the City Item. Ms. Ross recused herself from the meeting due to her being an employee of the subject item. Mr. Orlove seconded the motion. The motion passed. The Community Redevelopment Agency Board meeting recessed at 6:32 p.m. The City Commission meeting was called to order at 6:32 p.rn. The City Commission meeting adjourned at 7:10 p.rn. The Community Redevelopment Agency Board meeting reconvened at 7:12 p.m. V. Informational Items by Board Members & CRA Attorney: Mr. Hay commented for the second month, the Community Redevelopment Agency Board staff was not present. He explained the City has a great Executive Director, and he thought it would behoove the Board to have the entire staff available for comments and input. There was a brief discussion of this item and there was agreement the topic would be addressed under the Executive Director's Report as Item 12.0, Adopted Rules of Governance. VI. Announcements & Awards: A. Cops & Rodders - Police Dept. 90th Anniversary Kathy Biscuiti, Special Events Director, announced on Saturday, the City would celebrate the Police Department's 90th Anniversary with a car show. Over 100 cars, and fire and police equipment would be on display. There would be live music from 10 a.m. to 4 p.m. on Ocean Avenue from Seacrest Boulevard to NE 1st. There would be children's activities, such as a rock-climbing wall, a dunk tank, airbrush tattoos, and food and drink vendors on site The Youth Violence Prevention Program restored a 1953 police car, which would be unveiled at 12 noon. It would be a great family event. Chair Rodriguez requested, as a future agenda item, including local downtown vendors in these events. It was critical that the businesses participate to help sustain the downtown. The current process for the concessions was to use local vendors for the smaller events. For the events attracting over 500 people, staff used a professional concession company because local businesses could not accommodate the larger sized crowd. Ms. Biscuiti worked with one, and the CRA received a percentage of the proceeds. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Mr. Orlove agreed with Chair Rodriguez's comments and inquired if local businesses could provide items other than meals. He commented if they were involved, it provided them with an opportunity to participate and advertise their establishments at the same time. B. 4th of July - Salute to Independence The Fourth of July event would be held on a Sunday at Intracoastal Park. The band would start at 6:30 p.m., the Patriotic Salute would commence at 7:30 p.m., and at 9 p.m., fireworks by Grucoi would begin. There was a question about the cost of the fireworks. Ms. Biscuiti responded they were paying the contracted price this year. She acknowledged, however, they had received a credit from Grucci in the past. C. 2G10 American Advertising Federation Award Lisa Bright, Executive Director explained last summer, CRA staff created a downtown business Google Map interactive project and launched the project on a shoestring budget. She commended Margee Walsh, April Majoy and Kathy Biscuiti for their efforts on the project. As a result, the project received the 2010 Local Addie Award as the best interactive media online project for 2010. The members congratulated staff on the accomplishment. Chair Rodriguez requested a status report on the effectiveness of the project, and there was agreement the information would be added as a future agenda item. VII. Consent Agenda: A. Approval of Minutes - CRA Board Meeting May 11, 2010 This item was pulled by Chair Rodriguez. B. Approval of Changes to April 13, 2010 CRA Board Meeting Minutes C. Approval of Period Ended May 31,2010 Financial Report D. Approval of Budget Reallocation for Economic Development Programs This item was pulled by Chair Rodriguez E. Approval of Business Signage Grant to Flamingo Plaza F. Approval of Rent Subsidy Grant to SGVK, Inc. d/b/a Boynton Realty 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 G. Approval of Commercial Interior Build-out Grant to SGVK, Inc. d/b/a Boynton Realty VIII. Pulled Consent Agenda Items: A Approval of Minutes - CRA Board Meeting May 11, 2010 Mr. Hay made the following corrections: . Page 4, sixth paragraph, "Chair Rodriguez ~ meets with. . . Page 8, on the second motion, "Vice Chair Ross moved to f*III aoorove Item F." Chair Rodriguez referenced page 17, Item XI, Executive Director's Report, Small Business Development Program Survey and Testimonials from Students (1st Quarter Classes). He commented he signs the checks for the CRA expenses and inquired about a $30,000 check he signed for police activity at the Sims Center. Ms. Bright explained she made an error. The amount was $3,670, which included the Police Officers' salaries. He explained he was told the CRA was spending $30,000 for security at the Sims Center for individuals to take Business Development classes, and the total price of the program was now $60,000. He requested an alternate location for the program be found so they would not have to spend double the cost of the program on security. Ms. Bright clarified it was the Community Redevelopment Agency Police Officers' salary and overtime. Since the Business Development program was an evening program, security was needed. Based on the explanation given, Chair Rodriguez was unsure the expenditure warranted securing another location, but he suggested it be considered when reviewing the next program class. Ms. Bright explained she met with the Technology Economic Development Center, and the expense would be included in the budget analysis. They would try to find another location that would not need security. Motion Mr. Hay moved to approve the minutes as read and corrected. Vice Chair Ross seconded the motion that passed. D. Approval of Budget Reallocation for Economic Development Programs Mr. Holzman requested a snapshot of the program be given. Ms. Bright explained the CRA was responsible for a Tax Increment Financing (TlF) agreement with the Preserve, and staff set aside $50,000 in case the developer needed to draw down the funds this year. She confirmed with the Preserve's representative that they did not meet the criteria in order to request the draw down, and the money would 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 remain unused. Staff's recommendation was to reallocate the funds. Based on the four months usage of the Economic Development program, the unused TIF funds would be sufficient to fund the program through the end of the year. Ms Bright pointed out the items on the Consent Agenda would deplete those funds. Next year, $50,000 would be needed if the required percentage of units reached the tax rolls. It was noted that while the developer constructed the additional units, they were rental units and not affordable-housing units. The Direct Incentive Finance Agreement was tied to two items: the percentage of affordable housing units built within the project and the developer making a request to draw down the funds. The monies were budgeted and she confirmed the developer would not be drawing down the money this year. Accordingly, those funds could fund the Economic Development program. She also confirmed for this fiscal year, the CRA would not be offering any First-time Homebuyer Assistance grants in the Preserves. Motion Mr. Hay moved to approve. Mr. Orlove seconded the motion. The motion passed. IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Herb Suss, 1711 Woodfern Drive, explained he received a call from the Galaxy Elementary School Principal about a meeting at the School Board tomorrow at 2:30. He was unsure what the meeting was about, but a second meeting about Galaxy Elementary School was scheduled for July 23rd. He requested every Board member try to attend. Mr. Suss commented that rules and regulations should be obeyed. He contended the Executive Director put her staff in harms way during the last election supporting another candidate for Mayor. Mr. Suss had a copy of the Florida Statute and asserted a policy was broken and the Director should be held accountable. He read from the Community Redevelopment Agency Human Resources document: "Community Redevelopment Agency employees shall not take any active part in political campaigns or other political activities during duty hours in accordance with Florida Statutes as amended." He contended the staff, individuals in the audience and others on the dais witnessed the staff assisting another candidate. Mr. Orlove announced he was going to discuss this matter because he had been approached to review it on a few occasions. There was agreement that further discussion would take place under that item. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Brian Edwards, 629 NE 9th Avenue, expressed his concern that there was more misinformation and misstatements about the facts regarding the Community Redevelopment Agency, and he thought it was embarrassing when the Board was supposed to be a team. The Board had previously voted on having a full Board in place, and the public was still hearing comments from two of the Board members preferring to seat only two new Board members now and the other five later. He thought the concept was ridiculous and asserted the comments were made by the Mayor. Mr. Edwards expressed in order for the team effort to work, the members had to work together. He noted the staff trained the current Community Redevelopment Agency Board and they were doing the job. The current Board was no smarter than the seven-member Board they would be appointing. He felt the faster the Board moved the matter on, the better. Mark Karageorge, 240A Main Boulevard, explained the Preserve was holding a pet friendly event on Saturday; however, after a brief discussion, it was learned the event was cancelled Chair Rodriguez explained the event would be rescheduled when it was cooler in order to accommodate the animals. Additionally, the "Cops and Rodders" event was scheduled the same day. On a different matter, Mr. Karageorge announced he spoke with the management at Las Ventanas, who reported they recently reached the 60% residential occupancy rate. He advised it was a step forward for the Community Redevelopment Agency district. Ron Washam, 127 S. Atlantic Drive West, requested the Board install an independent Community Redevelopment Agency. There were residents in the community who had the leadership experience, knowledge and the contacts needed for the position. He requested the Board remain steadfast in moving ahead with the independent Board Individuals were willing to serve. He urged the Board to approve the applications, move forward and note that there were individuals willing to serve. Joyce Pickel, 9 Colonial Club Drive, expressed a Palm Beach Post article indicated there were no applicants for the new Board. She inquired who would sign the checks and would have oversight of the expenses, where the applicants would come from and who would appoint them. She thought the action should be deferred or be put to a referendum to let the public decide. Chair Rodriguez explained it had been two years since the independent Board was removed due to excessive spending. He agreed there were well-trained citizens who were skilled and good intentioned, but he pointed out he had a fiduciary responsibility to the City The individuals appointed to a voluntary Board would have no accountability, nor would the City Commission have the authority to intervene in any decision they made, except to remove the entire Board for actions they felt were detrimental to the City. He expressed he had an obligation to protect the taxpayers The item was voted on, and they were moving forward 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Mr. Hay announced he was receiving calls from constituents in his district about comments the Chair was making to them in an effort to gain support of putting two new members on the Board. Mr. Hay responded the matter was voted on and was being moved forward. He explained the Community Redevelopment Agency spends TIF funds, and he explained the methodology of how the funds were earned. As to the Board, there were many capable individuals in Boynton Beach. He commented when the City Commission assumed its role as the Community Redevelopment Agency Board, they did not have experience. He pointed out there were two new Commissioners who did not have experience. The Chair had no Mayoral experience as well, but because of their abilities and skills set, they were elected. The same was true for the Community Redevelopment Agency Board. Florida Statute 163 outlined how CRA Boards operate, and most municipalities have independent Boards. He expressed caution should be given when speaking with constituents from other districts. He does not like to be blindsided. The Rules of Governance should be discussed regarding how to deal with this. Chair Rodriguez' understanding of the TlF funds differed from Mr. Hay's; however, Ms. Bright explained the topic would be discussed under her presentation later in the meeting. The Community Redevelopment Agency was not a taxing authority; they are a taxing district. Vice Chair Ross commented she was aware of several individuals who contacted her indicating they were working on the application. She reviewed the deadline to submit the application was July 6, 2010. X. Legal: A Implementation of Revised Dockage Agreement for Boynton Harbor Marina Attorney Cherof explained the revised agreement was prepared by staff with Legal's assistance and given to the current dock lessees. The document would also be used by all new lessees. Ms. Bright announced all the lessees signed the agreement except for Hammertime. Attorney Cherof advised Splashdown Divers filed a lawsuit against the Community Redevelopment Agency with multiple allegations and counts of wrongdoing, including interfering with the re-adoption of a new extended-term lease. The CRA filed a motion to dismiss. Due to the complexity of the issue, a special hearing date would be set in a month or two. Staff also contacted the Community Redevelopment Agency's insurance carrier to determine if they could pay for the defense of the case. Unfortunately, defense expenses were not covered under the current policy. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 XI. Old Business: A Consideration of Issuing an RFP for Development of Parcels on Martin Luther King, Jr. Blvd. (NE 10th Avenue and NE 9th Avenue) Ms. Bright explained the Board had previously discussed this item. The City owned lots between Seacrest and Federal Highway, and the CRA had lots on NE 9th on the south side. With the land transfer, staff issued an RFP for a 1.56 acre, multi-family dwelling, and staff anticipated they would receive responses for a combination of townhomes or villas, or other uses allowed in residential areas. Ms. Bright advised she was aware there were people interested in knowing when the RFP would be issued and felt it would be well received Motion Mr. Orlove moved to approve consideration of issuing an RFP for development of parcels on Martin Luther King, Jr. Boulevard. Mr. Hay seconded the motion There was discussion of the property having a multi-family zoning designation The maximum density the land could accommodate would be up to 20 dwelling units per acre under the IPUD zoning classification. Vivian Brooks, Assistant Director, noted the HOB development plan had a conflict between the land use map and the zoning map, which would come back to the Board She also commented it was unlikely a developer would fit 20 units per acre on the property, due to constraints such as height limitations and parking. There were uses that would be appropriate for the property, and a Community Redevelopment Agency/City Commission public meeting to receive input on the land use change would be held. Then it would come back to the Board. Vice Chair Ross questioned the privately-owned square footage of the property contained in the RFP. Ms. Brooks explained the wording in the RFP strongly urged the successful developer to acquire that land because the CRA would not acquire it. It was noted there was 11,400 square feet of privately-owned land included in the 1.560 acres Without it, the parcel size was 1.29 acres. Ms. Brooks explained RFPs could be issued for land CRAs did not own. Staff had done so with Intown Development and she noted it was a common industry practice Chair Rodriguez felt it was misleading. At the request of the Chair, Attorney Cherof agreed to re-review the language. Vote There was a vote on the motion. The motion passed. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8,2010 B. Consideration of Land Lease with the City of Boynton Beach for Property Located at Ocean Avenue and SE 4th Street Ms. Bright explained the item pertained to the potential relocation of the Ruth Jones cottage. The CRA Board was required to approve the conditions of the land lease before it was forwarded to the City Commission. Staff worked with Attorney Cherof on the item, which was strictly a legal matter. If the item was approved by the City Commission, staff would bring back the interested parties. She clarified most of the interest was for a restaurant option and in moving the building to the future train stop abutting Ocean Avenue. A kitchen would be added because the parties wanted outdoor seating and a casual-style restaurant. A report would be prepared next month on both the 211 East Ocean home and this item, indicating whom the interested parties were, what incentives would be given, etc. Motion Mr. Holzman moved to approve the land lease agreement. Mr. Hay seconded the motion. The motion passed. C. CRA Office Options Last month the Board reviewed its options for a new CRA office location. Staff and the CRA's architect met with the owner of Holiday House. The building was gutted, needed a roof, a truss, heating and air conditioning and many other items. The cost to renovate the building was a minimum of $100,000 to $200,000, and the owner was amenable to considering sharing some of the costs with the Board. If the Board wanted to move in this direction, the cost would be about $150,000. The amount listed was for the entire building and for the interior and exterior improvements. The owner, who was a major landowner, was also interested in the CRA purchasing the structure. He preferred to spend his funds on his other properties elsewhere in the City and wanted the CRA subsidy. Ms. Bright explained the management at Las Ventanas and Styles agreed to make the interior improvements. Ms. Bright explained the reason the item was back on the agenda instead of having a negotiated lease was because the property owner of the current office location was unsuccessful in his bid to sell the property. Staff could remain another year under the reduced rate staff negotiated in 2009. She wanted to apprise the Board of the new option before proceeding further. Chair Rodriguez expressed he felt the estimate for the Holiday House was grossly exaggerated and he hoped more accurate numbers would be presented in the future. He wanted to continue to pursue the Holiday House as the renovation was a significant opportunity for the CRA to redevelop the area. In regard to the option of staying in the same location, Chair Rodriguez wanted to re-approach the owner to see if the Board could obtain a six-month lease at a reduced rate. This would provide the opportunity to 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 continue to work with Holiday House. He recommended staying on course. It was noted renovating Holiday House could be accomplished in 45 days. Mr. Hay wanted staff to remain at the current location, which would provide additional time for the economy to turn around and the CRA would not have to pay to relocate in addition to paying the renovation fees. He supported remaining at the current location for another year Mr. Holzman disagreed on the basis that the economy was down and the Board should not wait for a turnaround. He expressed this was the time to take advantage of the reduced rate and it could be an opportune time for the CRA to make an investment, lease the space and give staff the space they needed with the owner willing to bear the cost of the roof repairs and the interior improvements. The staff could customize the interior to meet their needs He suggested continuing negotiating with Holiday House. As to the alternative option, Mr Holzman proposed staff could negotiate a better rate. Entering into a six-month lease at the current location and then moving forward with Holiday House was the best option. It was noted the owner was not present. Ms. Bright explained one of the reasons staff did not renovate the building was when Palermo's bakery needed a home, Ms. Brooks vigorously pursued Mr D'Almeida to accommodate a wholesale bakery with retail option and he would not make the improvements for them. The building deteriorated. The architect provided the estimates for the repairs at $20,000 for the roof; $20,000 for the truss; $20,000 for the HVAC, and the building had no plumbing or electrical. Ms Bright requested further direction and reiterated she needed to provide the current landlord with proper notice of whether they would remain. If it was on a month-to-month basis, it would be a higher amount. It was requested the landlord write an offer and bring it back to the Board. Motion Mr. Holzman moved to allow the Chair to negotiate with Holiday House and to continue negotiations with the Holiday House with the Executive Director and the Chair to determine a potential lease or buy option. Mr. Orlove seconded the motion The motion passed 4-1 (Mr. Hay dissenting.) Motion Mr. Holzman moved to enter into negotiations with the current owner for a six-month lease. Mr. Orlove seconded the motion. The motion passed 4-1 (Mr. Hay dissenting) XII. Executive Director's Report Mr. Holzman left the dais at 8:23 p.m. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 A. Status of Ocean Breeze Ms. Bright reviewed the information as contained on the agenda item. Staff recommended pursuing the development of the project and was working diligently to ensure the project would move forward. Mr. Hay noted a discrepancy on the agenda item overview. Two corrections were made to the last two bullet points of the project overview, which were: . "The total acreage of the Ocean Breeze site is 8.6 acres with 4.3 on the west side and 4.3 on the west east side." . "In the Heart of Boynton Redevelopment Plan the east side is proposed as multi- family and the east west side is proposed as single family." The project was a senior rental, multi-family complex. There would be no children at the development because it was required to be 80% comprised of seniors. Mr. Holzman returned at 8:26 p.m. Motion Vice Chair Ross moved to approve. Mr. Hay seconded the motion. The motion passed. B. Approval of CRA Staff Leave Report Ms. Bright explained this item, pertaining to vacation leave, was discussed at the last meeting. In response to the discussion held, a report showing the leaves and the cost of the leave for each employee was presented. As a point of record, Ms. Bright explained government employees accrue time per pay period and it would not max out until the established limit was reached. Staff members could accrue a maximum of 480 hours or 60 days of sick time and 320 hours or a total of 40 days for vacation. The amount was carried in the fund balance, recorded on the balance sheet as an account payable item, and was audited each year. Chair Rodriguez explained there was $104,000 that the CRA was responsible to have and he noted it did not appear that staff was required to take vacation. Ms. Harris was not certain, but commented to her knowledge only individuals working in Finance were required to take a vacation. This aspect was of concern to Chair Rodriguez because when the time accrued, it accrued at a higher rate. He also pointed out he had a concern about the lack of a policy requiring employees to take two weeks a year. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Ms. Bright commented when the review of the administrative policy was discussed last year, leave did not come up. Chair Rodriguez requested the item be placed on the agenda Mr. Hay explained an employee was required to take vacation time when they reached the maximum accrual allowed. Most people wanted to accrue what the law allowed, and he preferred to accrue his hours in case he got sick and needed to use them. Vice Chair Ross also inquired if the policy was similar to the City's policy. Chair Rodriguez explained the item was on the agenda because a question was posed about how much vacation time the Executive Director received and how much was used. He commented he still had not received a response. The Executive Director sent a report indicating she took eight days this year, and Chair Rodriguez contended she missed a date, which he vividly recalled. A meeting was scheduled and Ms. Brooks attended the meeting with him in Ms Bright's stead He felt there was a constant battle to receive basic information. Vice Chair Ross expressed she was uncomfortable with the questioning, and she thought it was unacceptable She explained the staff members were decent and hardworking employees. Chair Rodriguez read the following from the Boynton Beach CRA Rules of Governance "Nothing in the foregoing is to be construed to prohibit the Community Redevelopment Agency Board from closely scrutinizing, by questions and personal observations, all aspects of CRA operations so as to obtain independent information to assist them in the formation of sound policies to be considered by the CRA Board" Ms. Bright explained while Chair Rodriguez was a Commissioner before the election, he refused to meet with her. She responded to Chair Rodriguez's comments regarding the meeting he alluded to earlier. She expressed she had great confidence in Ms. Brooks and in her ability to attend the meeting. Ms. Bright had intended to be on vacation but cancelled and was at another meeting with Attorney Cherof and Vice Chair Ross. She explained the constant badgering and insinuations of malfeasance or of her not doing her job have not been proven in five years. She tries to be cooperative and she gives items to the Assistant Director, which was within her authority under the Rules of Governance Chair Rodriguez commented he still did not know how much vacation time she took from June 2009 until April 2010 Mr. Hay inquired about the comp time and extra hours Ms. Bright puts in the job. Chair Rodriguez explained the Executive Director does not get comp time nor was it in her contract. Mr. Hay suggested the two work it out between themselves and Legal. He 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 was unsure what Chair Rodriguez was attempting to do. In response to an inquiry about the matter, Attorney Cherof advised the Executive Director should provide information to the Board when requested. Ms. Bright sought clarification and indicated one request was for how much time she took between June 2009 and April 10. She explained the request was different from what Mr. Holzman requested which was for a rolling log. There was agreement that all that was wanted was the amount of days taken from June 2009 to the present day. Ms. Bright agreed to provide the information by Friday. Tracking the leave time was an audit function. Ms. Bright distributed correspondence regarding the Clydesdale event. She explained Mr. Therien approached the City Manager about holding an event and approached the Mayor about holding a processional because the Clydesdales were coming into town. Mr. Therien sent an email to Mr. Bressner January 21, 2010 indicating there was a time change. A copy of the email is attached to the meeting minutes. Kathy Biscuiti, in her responsibility as the City/CRA Special Events Manager, coordinated in front of the Children's Schoolhouse Museum, set-up a table for the Community Redevelopment Agency materials and was there to assist with the photography, children and the entire event, as was Ms. Majoy. Ms. Biscuiti and Ms. Majoy were responsible for following the horses, which left the Children's Schoolhouse staging area at approximately 4:30 p.m. to head back down to the Banana Boat. This was on the CRA website and YouTube. The processional proceeded all the way to the back of Banana Boat area, which was the horses' staging area until 7 p.m. Ms. Biscuiti and Ms. Majoy were finished with their workday and were off duty. Ms. Bright advised that they were seen setting up tables at a political event, but she was not present and could not comment. She offered Ms. Biscuiti spent the entire day until after 5 p.m. handling the event on behalf of the City. Ms. Bright clarified she was responding to a specific statement that was read to Ms. Bright and Chair Rodriguez at a meeting yesterday and information Mr. Orlove provided her with regarding what she was to respond to publicly. Chair Rodriguez explained the public input he received was there were accusations of Community Redevelopment Agency staff supporting political activity. He witnessed CRA staff during the day assisting the fundraiser taking place that day being assembled on Ocean Avenue. Ms. Bright was unaware of that occurring and requested he be specific. She witnessed Mr. Brake, when she was lunching with Mr. Weiland and his family at Hurricane Alley. Mr. Orlove explained he brought the matter up since he was told to look into the matter and he wanted to address the matter and put it to rest because it was circulating for a few months. Ms. Biscuiti and Ms. Majoy were working the event. When they finished, they were then seen at another political event for Ron Weiland. He inquired if those 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 employees were off the clock and read the guidelines for the CRA Employee handbook into the record as follows: "No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof." Mr. Holzman explained he saw staff assist former Commissioner Weiland with his tent when he was having lunch at Hurricane Alley He had no problem with staff helping anyone on off-duty hours, but it was an election event at 1 p.rn. and it was not on off duty hours. It was noted staff could have been on their lunch hour Chair Rodriguez explained there were violations taking place. On February 3 or 4th there was a meeting called by the former Mayor with Chair Rodriguez's campaign consultant and at which Ms. Bright was present and took part in. The gist of it was to not support Mr. Rodriguez. Chair Rodriguez read the following emall into the record: "Jerry, Lisa Bright and I met at Prime Catch during working hours It was February 3rd or 4th. The purpose of the meeting which was arranged by Jerry was for me to hear the reasons why you are no good (speaking of me) and to convince me (her) not to help you with your campaign. It was basically that you had no support In the community, you are rude to citizens, mean to the staff, arrogant to everyone else. Your relationship with Sarah, my fiance at the time, now my wife, was a show You'll never get married once the campaign is over. You really don't care I really don't care about Boynton Beach, you are using this as stepping stones to go to bigger things. You don't understand the Police Station issue. The station was never going anywhere but to the west. It would never be downtown. Incidents named were police issues, conflict with Lisa, not listening to anyone who comes before the Commission to name a few. You would be lucky, (I would be lucky) to come in third in the Mayor's race. Their candidate was Ron Weiland He would be the winner over Brian Edwards You wouldn't make the run-off. She also says she wouldn't go to the Commission meetings anymore because there was no reason to. It wasn't necessary. They were both, Jerry Taylor and Lisa Bright, trying to convince me, my campaign consultant, not to work with me" 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8,2010 Chair Rodriguez's campaign consultant was not present. He felt this was a serious matter, not only in this campaign but for future campaigns and staff needed to be scrutinized as their behavior was inappropriate. State Statute spoke to it and he thought an investigation should be launched. Chair Rodriguez sought legal counsel in the matter. Attorney Cherof explained any member of the Board with a complaint has the authority to pursue it with the State Commission on Ethics or the State Attorney. This could be done individually or done collectively. The Board could hire someone to conduct an investigation to advise the Board what recourse was available. When asked if, in lieu of going through those agencies, or through his directive whether he would handle the investigation and report the findings to the Board, Attorney Cherof responded he would not be comfortable conducting an investigation of the Executive Director. He works for the Board, but with the Executive Director. He suggested in these circumstances, the Board could retain an individual who could report directly to the Board. His role was limited, which was to ensure proper procedure was followed, and to ensure due process was afforded the Executive Director in the process of that investigation. Chair Rodriguez requested a member move for the CRA Board Attorney to initiate an investigation of possible violations of the CRA policies and State Statute regarding political activities. Mr. Orlove was very clear he was interested in clearing up the matter of whether two staff members violated the policy during their lunch hour or not on that issue. He requested the City Attorney give direction on how to proceed with the Clydesdale event and whether two members of the Community Redevelopment Agency staff violated policy on that issue. Motion Mr. Orlove so moved. Mr. Holzman seconded. The motion passed 3-2 (Vice Chair Ross and Mr. Hay dissenting.) Chair Rodriguez requested a motion to call for an investigation relating to the policy and procedures of the Community Redevelopment Agency Board and the State Statute regarding the meeting that took place with the Executive Director, the former Mayor/Chair and his campaign consultant during his campaign in an attempt to undermine him. Vice Chair Ross explained the information was based on hearsay and she cautioned all the members to be reasonable. Mr. Holzman inquired if having an opinion on a race was a violation of a staff member's position and whether an opinion on a potential candidate was a violation of one's duty. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Chair Rodriguez explained he wanted the matter cleared up and finalized as there were things stated related to political activity. Mr. Hay explained Chair Rodriguez would have to be included in this investigation because numerous times he went into District II and made derogatory statements about him to his constituents, and he was trying to undermine him Chair Rodriguez explained the item pertained to the policy at the political activity at the CRA level and State level. There was discussion the Chair was alleging through a third party that the Executive Director was electioneering against the current Chair and Mr. Holzman inquired if simply stating one's opinion was an actual violation of State Statute. Attorney Cherof responded he did not think it was a violation The handouts were specific. The provisions relating to interference were more specific than just having an opinion. The laws were on the books. The cost of an investigation was $5,136. Ms. Bright explained the campaign consultant, Kathy Daley, was from Delray Beach. She knew her and she was asked to have lunch with her to find out whether she was a threat to Mr. Rodriguez' campaign. She offered to subject herself to any investigation. Motion Chair Rodriguez passed the gavel to Vice Chair Ross and offered a motion in regard for transparency and policy and accountability that the Board also, in addition to the investigation being done on the employees that this investigation also include the incident by which the Executive Director engaged in interfering in his campaign with his campaign manager. Mr. Holzman seconded the motion. Attorney Cherof explained the Board could go to an agency that previously dealt with an issue like this, and inquire and speak to someone who prosecuted a violation of this nature, the manner they approached it and their success in that endeavor. This could help define the line and if there was case or administrative law in which to make a judgment. Motion Mr. Holzman offered a substitute motion, that instead of just entering into an investigation, that there be clarity on what Legal mentioned. He wanted due diligence prior to launching an investigation. Attorney Cherof clariflEld the motion would be for the Board Attorney to do some legal research regarding the viability of even conducting an investigation and what the 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 potential outcome and remedies would be. Mr. Holzman so moved. Chair Rodriguez seconded. Vote The motion failed 2-3 (Vice Chair Ross and Messrs. Or/ove and Hay dissenting.) C. Revoke the CRA Board Policy Requirement for the Public Comment Log to be presented on the Monthly CRA Board Agenda Ms. Bright explained in 2009, when the Board reviewed the Administrative Policy and Procedures Manual, she learned the public comment log had been a recommendation made by the attorney and the log was brought forward every month as an informational item. In April, during her weekly meetings with the Chair, he recommended the item be removed from the agenda. There were other logs in place such as the CRA Police log, Arts Commission minutes, Planning and Zoning and other general information. Mr. Or/ove left the dais at 9:30 p.m. Mr. Hay preferred the public comments remain on the agenda. Chair Rodriguez explained it was a lot of information that did not have to be included with the agenda but it still could be made available. The Police Log would be provided quarterly or every other month and he pointed out the suggestion was agreed to by the Executive Director. Mr. Hay contended those decisions should be made by the Board. Chair Rodriguez explained the items take up the staff's time and resources to put it together. The members meet with the Executive Director more regularly and the information could be obtained then. It was noted the information was removed from the last few agendas, but the policy was before the Board. Mr. Hay contended the Board could have easily made the decision if the Executive Director felt it was taking too much time, they could have addressed it. He felt the Chair had a habit of changing things and it blind-sided other members. Mr. Hay had been plotting the information and then it was removed. Mr. Or/ove returned at 9:34 p.m. He felt it was a matter of teamwork. We have to communicate and work with each other. Chair Rodriguez contended Mr. Hay was constantly fighting and challenging him and the Chair's job was to make things better. Mr. Hay pointed it was not a one-man job; rather it was something that should be decided on as a Board. The Board decided to put those items on the agenda. If they were removed, then it should be done by the Board. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Motion Mr. Holzman moved to approve (the revocation). The motion died for lack of a second The reports would appear on the agenda. D. Review of CRA and 2006 Board Adopted Rules of Governance Ms. Bright explained the item was presented at the request of Mr. Hay and Attorney Cherof. She and Mr. Hay met and he requested mini-Board training mainly for the newer Board members. There were many comments made about the Executive Director and staff not promoting or supporting the downtown. She wanted to ensure all parties who believe staff or the Board did not bring forth items prior to the recent discussion that the Historic House and Gardens, 211 Ocean, and Ruth Jones Cottage, were part of the approved projects budget. She also indicated she made a full presentation of progress from 2006 to 2009. The PowerPoint presentation, which is available for public inspection at the Office of the City Clerk, was reviewed. Highlights of the presentation were: ~ How Community Redevelopment Agencies are created ~ The Community Redevelopment Agency plans ~ Florida Statute 163.360 ~ The Mission Statement ~ What CRAs could and could not do ~ The Redevelopment Trust Fund ~ Financial Reporting requirements ~ Tax Increment Financing ~ Community Redevelopment Agency project funding history ~ Challenges to redevelopment Mr. Hay commented on staff not being present at the meetings. He noted in the past Community Redevelopment Agency staff members and the Executive Director had comments, as contained in Item 7 of the procedures. He reported he researched the matter and ascertained staff was asked not to be present due to their body language influencing the Board's decisions. Mr. Hay was offended and explained he sees it occur on the Board and with the public. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Mr. Hay noted the CRA had an award-winning staff and staff needed to be present. Ms. Bright explained she had no objection to having the staff present and offered that when it was discussed, the staff was upset and she felt it was appropriate that they no longer attend. She agreed to discuss it with the staff and noted they try to be cooperative. If the staff was offensive to anyone, she addressed it. Mr. Hay read Item 7C of the procedures as follows: "The CRA staff members offer their comments and recommendations (The CRA generally limits CRA staff presentation to 15 minutes.)" Mr. Hay emphasized staff could not offer their comments if they were not present. XIII. New Business: None. XIV. Future Agenda Items A. Children's Schoolhouse Amphitheatre B. Ocean Avenue Marina Signage Entryway Feature C. Small Business Incubator for Heart of Boynton Redevelopment Plan D. Boynton Beach Boulevard Signage Entryway Feature XV. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:57 p.m. f2a:ti.vJ./;Q ())JJvUJ Catherine Cherry Y Recording Secretary U 061010 19 ~1~qY~Te~ C iIIIi East Side -West Si de - Seaside Rena; ssance eRA BOARD MEETING OF: July 13, 2010 I x I Consent Agenda I Old Bnsiness New Business Pnblic Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending June 30, 201 O. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve June financials. ~, a right Executive Director T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTSICompteted Agenda ttem Request Forms by MeetinglFY 2009 - 2010 Board Meetings\07 -13-10 Meeting\Financiar Reportdoc o @ ~ ~ o 0. ~ gj ~ '" m M ~ : ~ o 0. 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" ~ '" i': " " 0 '" '" ~ '" OJ M 1': H ro ro '" '" > ~ ~ ~ H , ~ H " Z U " n 0 H 0< ~ @ '" 0 p, "' '" " 0 ro '" H en 0 ~ M, ~ 0< '" '" @ ~ ~ i 0 '" H ~ '" " gj " c '" 0 ;;l ~ H '" H " " " @ H H C, " '" 0 en '" is ~ H @ '" OJ " 0< '" " " is Ii: ~ ,., Oi ~ H OJ >: '" @ ~I '" p, OJ OJ ~ ~ OJ '" '" ~ 0< P, is M " ~I "' '" ~ M H " 0 OJ !; '" Ul @ ~ ~ ~ ~ 0 U 0 '" H '" " 0 '0 " '" H " "l N 0 '" >: "' '" ~ , " ~ ~ &11 ro P, "l " N , ~ El '" , " 1':: > '" " " !oJ ~!lNY~T2~ eRA III East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 I x I Consent Agenda I Old Bnsiness New Business Pnblic Hearing Other SUBJECT: Commercial Facade Improvement Grant application to FSB-Fashion Shoppe Boutique, Inc. SUMMARY: FSB-Fashion Shoppe Boutique, Inc., as tenant of the property located at 515-517 East Ocean Avenue, has submitted an application for the CRA's Commercial Facade Improvement Grant Program. Eligible items under grant program guidelines include exterior painting and structural repairs, awnings, signage, lighting, paving and landscaping. The applicant is proposing a scope of work that includes painting and replacement of awnings. The Commercial Fa<;ade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $15,000.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Facade Improvement Grant application for up to $15,000.00 to FSB-Fashion Shoppe Boutique, Inc. for program eligible items for the property located at 515-517 East Ocean Avenue, Boynton Beach, FL. di2i~ ~&-1- Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeelinglFY 2009 - 2010 Board MeetingsI07-13-1Q MeetinglComm Facade Grant- FSB-Fashion Shoppe Boutique, Inc, ,doc ._~~Y~Te~ eRA Ii East Side-West S',de-Seas',de Renaissance 2009/2010 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM . ~E!C~ Boynton Beach Commumty Redevelopment Agency , ......-::: I \IF n MaXimum Grant Amount IS $15,000 -. (Please Print Or Type Only - Use Additional Sheets If Necessary) B(JyNTnN APPLICANT INFORMATION . BEACH (;'i'(,,~ Name of Property Owner: Harvey Oyer Jr (lessor: F':3Bi Address of Property Owner: 515 F Qr:ean Averl~E City/State: Boynton Beach, FL Zip Code 43 Phone # Day: 061.736.997'7 Evening: i . ~?, '-,I (, " j;; i Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): Men's Clothing & Footwear Retailer, atrached licenses If Different from Property Owner Name of Business: FSB Fashi 0;1 Shoppe5:-::~,out '-jUP Address of Business: same a,s ;jlJO\lP City/State: Zip Code. Phone # Day Evening. Type of Business: Years of Operation: Mens Clothing & Footwear Retailer, attached licenses Boynton Beach location, since 1985 Number of Employees: 10 Annual Payroll: 200k Number of Employees residing in Boynton Beach: 5 List of improvements proposed: Re-paint the exterior (same color), new awnlng In tront ot store, replace valance In rear at store. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible improvements for this program include: . Painting . Shutters · Signage (located on the building or the property) . Awnings/canopies · Decorative exterior fac;:ade improvements · Exterior Doors/windows . Landscaping around the building . Irrigation · Parking lot re-paving, re-sealing, re-striping . Exterior Lighting . Patio or decks connected to the building · Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) . Fencing where visible from public right-of-ways (no chain link or barbed wire) . ADA improvements Initials 2 ~~RY~T2~!IC iIi East Side-West Side-Seaside Renaissance 2009/2010 COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fai(ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for exterior improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered 3. A minimum of three (3) inspections by the CRA may be required. Those CRA inspections are (1) before starting work, (2) during work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA. These inspections in no way are substitutes for required City Building Code inspections and compliances. 4. The property owner, or tenant if applicable, must complete the fai(ade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fai(ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. 2. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien' signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills relc.__d to the Project are paid in full incl~~mg, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit fa9ade work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Fa9ade Grant program will only honor new expenditures that have not been submitted under other grant programs. The Fa9ade Grant program may only be used one time in any five year period for any CRA Board approved applicant. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. 5. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. ::::f~!~/t;, Wit ss 4.- IJ--/ 0 (Date) 1I~~it~b.. J FL Prope y wner ~-1 )-:\ O' ( ate) ./ <1- /' ",I 0 (Date) .-\1,.. it- Tenant/Business Owner fv1~~ t{-l}--tO (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~Oh n /) (YJ t+rz C}UC? , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNES~ O} THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 1) of (I / , 20 / U. -.- -----~ ..........~I!I!!!..I.........I........DII....n. : U1ERYL MACOVIAK ! !. Comm#DDos533:2! ! \Ii . EJcpIres 4/1912011 ~ ! "ioiil FioIIda Notary Az~1" 1'0 , 1II.........._...I.I......IIII....I...:e.~a"mu NOTARY PUBLIC My Commission Expires: 2 4 All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible fagade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Example: Total project costs: $18,000.00 Applicant funds expended: $18,000.00 CRA reimbursement: $ 9,000.00 6. The Fagade Grant program may only be used one time in any five year period for anyone CRA Board approved applicant. Properties may re-apply for additional grants any time after five (5) years from previous grant approval. Project phasing of up to two years can be requested. 7. The property owner, or tenant if applicable, must complete the fagade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the fagade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions 8. Disbursement of grant funds shall only occur if the following conditions are met: a. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City Building Department (if applicable). b. CRA has received copies of final "paid in full" vendor/contractor invoices. c. CRA has received copies of final inspection approvals for all permit required work. c. Entire scope of work for eligible items is completed. d. Applicant provides "After" photos i APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach. 561-737-3256. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City building inspections, the CRA will inspect the work to determine the satisfactory completion of the work. 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Applicant shall obtain, read and understand all aspects of the Fa9ade Grant Program Agreement, including Program and Reimbursement Regulations. 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, . Site plan and plant list for landscape projects, · Third-party cost estimates from three (3) licensed contractors, · Estimated time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", · Signage design with colors & materials proposed if applicable, · Project color chips I material samples if applicable, · And material specifications. ~ & Applicable documents must be attached for the Application to be processed. 4 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content ~~ ---, ~I).'J 0 Witness ate) , IIftAv.e-y c?'1 ~ J 1'( Property Owner L.(-1)-'''' (Date) (Property owner's signature must be notarized) -13./0 ; (Date) .1L A- M8~ Tenant/Business Owner '1--\ ~- I () (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , J ()f I (\ " I F! f-) . ! !jt~l{ t( t, who is personally known to me or as identification, and acknowledged he/she produced executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed_ IN WITNESS OF THE FOREGOING. I have set my hand and official seal in the State and County , /-~--l/ aforesaid on this /cY:-; day of (/~/ , / r. /( /.)" NOTARY PUBLI~k~:'; /~.//;;IH., 0,1) /\ 20~ My Commission Expires: 'll ;"? /e;; () / f .t..."..'.!!'.!!!!!~n"'H'I"'''I'II'''''I'' ; I;t1I:KTL MACOVIAK ! i. CommllDDOO5S392 f ;: f. . Exp:res 411C',~1:::~,,-: ': : ... E ~n F~oiic:J h!:':::,;-;;' r..............n..n....I=~.O, . FAS...ION SHOPPES BOUT..jUE FSB by Giovanni Marquez June 29, 2010 ItEce",,:o Theresa Utterback Administrative Services Manager Boynton Beach eRA BOYN'" 'ON BEACH C.R. .,.,. Dear Theresa, Thank you for your assistance in your letter dated April 22, 2010. We have re-submitted our application and included all the items you specified in your note. We are no longer doing signage or landscape. We're simply re-painting our building the same color, replacing one valance in the rear of the store, and adding an awning in the front of the building. As far as "evidence offmancial ability to pay" this will be paid for by our company's business checking account through Wachovia, or be paid for by our landlord Harvey Oyer, Jr. (who has been in Boynton Beach since it begans) Harvey Oyer Insurance (511 East Ocean) will be submitting their own application. Estimated time line for completion will be by the end of September 20 I 0, as we would like to be ready for the season. Sincerely, .",,--,..--:,,-,::-:"'--~u-- GiovalmiMiirq'1rez-- '7 ~/ 561.736.9977 Gio@FSBmens.com 515 E. Ocean Ave. Boynton Beach, FL 33435 PH: 561.736.9977 FX: 561.736.0408 Fsbmens.com .- AFTER ... .. .. .. .. g . ~ BEFORE :) ') ') ~ - ., \\\ \ ffl .\~:f1 ~~~~Y~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: SGVK, Inc. d/b/a Boynton Realty application for signage (up to $1,500) on the property located at Las Ventanas, 319 Woolbright Road, Boynton Beach, FL. SUMMARY: The Business Signage Improvement Grant reimburses 50% of the applicant's expenditures for eligible signage improvements up to a total of $1,500.00. Any unused grant funds will be released back into the program. FISCAL IMPACT: Project Fund line item: 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 eRA Economic Development Plan RECOMMENDATIONS: Approve the Business Signage Improvement Grant for up to $1,500.00 to SGVK, Inc. d/b/a Boynton Realty. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-1O Meeting\Business Signage-Boynton Reatly.doc ( I..,l ~.. :/' ~) ljJY' '1' /i East: Side ,,,,West Side"~Seas'lde Rena'lssanu~) 2009-2010 Boynton Beach Community Redevelopment Agency Business Signage Irnpl'ovement Grant Program Guidelines & Agreement Pr02ram Re2ulatiolls 1. The Applicant agrees not to alter, renovate, or demolish the new sign for three yeElrs, commencing at the time final inspection by the eRA is completed. If violated bv the applicant, the CRA may choose to require grant fund repayment 2. The property ovvner, or tenant if applicable, must complete the signage improvement project and submit for reimbul'semem within 90 days of the grant a\vard. Failure to complete the project in a timely manner \vill result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 3, Maximum Grant amount: The CRA will provide, a 50% matching grant for eligible signage improvements up to a total of one thousand Eve hundred dollars ($1,500) of eRA funds Reimbursement Regulations 1. This program is designed as a reimbursement grant. That is, all work must be clone and paid for by the Applicant, prior to the eRA's funds being released. The CR,i\ will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request 2. Reimbll1'sement Request shall be summarized in a report and accompanied proper documentation. Proper docUlm;ntation \vlll consist of; (L) Project accollnting includIng invoices, receipts or other acceptable evidence of payment the licensed cOlltractor(s) that bave been marked "paid" signed by each. Proposals for "work to be completed" or "bids"' are no:. considered propel' documentation. Each item wil! be slIppOlied by a canceled check slJow.ing the face of the check, as well as the back of the canceled check; or credit card receipt (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but 110t lim.ited to, all contractors, subcontractors, labor, materials, related fees and permits, and (3) the Application for re~imbursement shall provide a minimum of f('fur Y'x5" color'clming' photos and a minimum of four 3"x5" color "after" photos the ProJect. Photos~houkl he from approximately [he S8me position as the "before" photos submitted in the 3. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been perfonned after the grantee has received notification that the Grant Application has been approved by the CRA. 4. Grantees may not submit signage improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City, Palm Beach County or the State of Florida. The Business Signage Improvement Grant program will only honor new expenditures that have not been submitted under other grant programs. The Business Signage Improvement program may only be used one time in any three year period for anyone business entity or applicant. Property Owner(s) or Tenant (if applicable) may re- apply for additional grants any time after three (3) years from previous grant approval. 5. Grantees shall grant the CRA andlor the City of Boynton Beach the rights and use of photos and project application materials in promoting the program. . 0 ~\j -)b" d.cIo APPIi'antffen~~ Date Sh a ~o",1 ~<. -/.v."c f?rch1"-"J ,,~ Printed Name Title -~ App]ican~e Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer du~ authorized by law to administer oaths and take acknowledgements, personally appeared S't... A (L. 0 I--' ~ c.Q.... v I -- , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and pm-poses mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _1.... ;) day of A p fL, \ ' 20-J-!-. PUBLIC ~ ~...... ~h, /~ ~7J;~re" i-""YPiJ~ LINDA FAZIO ~ V '" MY COMMISSION {t, OD560003 ~ "~OFf\."'~ EXl'lRiiS: Ju"~ 4, 2010 } (407) 396-(1153 Aor.d. Not",y S'i'ViOil.<:om 2 /~ ---------- Pm""rty Own~', Sii4 L 1), R \,If "- Printed Name ..__, ___ . \...... / .I.~ - jL(:)'.1 ~ U tel- ~ftl ,~+ Title qjU' Date @ f1 ~ lJ'1' {1;ti\. Propeliy Owner's Signature Title Printed Name STATE OF FLORIDA COUNTY OF P-.~.1 ]jft,lCH O~c:.- BEFORE ME, an appeared produced foregoing Agreement rizeQ by law to administer oaths and take acknowledgements, personally c;,...... , who is personally known to me or as identification, and acknowledged he/she executed the or the use and purposes mentioned in it and that the instrument is his/her act and deed_ IN WITNESS ~E FOREGOING, I have set my handand official seal in the State and County aforesaid on this \ '6 ~ day of I~ .. ... ,20 ({) ....,\,\,U 1111 ifli1fl;: _---- - J'~\ \~~~_~'!~G;II/,7,> . //' ! ~ .,~~~S~ON2 4";;-.. "\ NOTARY P .::- .~ ()" ~ \VI 0 T.? ~~ &. '";."lC" : :::~ <' Q'\~~ ~ ::'S ..... :<(~~': .... " J. 0-' ~ +; \ ~tltl1'O~'0'3 t? i fi:;. ~ ~ .;t :'l .;S!.ie a..... ~ b -_ lib Ilonde6~;'~c.*-:.' (;::'.}~~ '~/-:1,^'-/8'YPubliC\)~:",. ~ ~.'. .~ ?'y ....ot:-e,e, ~"v ~~ ~lll PUBLIC. S\l\\~~" Ilflllllll l~~\.\'\'\''' --- ------7 J i i 3()YN. "{'ON.,- ~~ If) 1\ :3 E A C },I ~b,r(JAj East Side~West S'lde""Seaside Rena',ssance 2009-2010 Boynton Beach Community Redevelopment Agency BUSINESS SIGNAGE IMPROVEMENT GRANT PROGRAM APPLlCA TfON FORM Maximum Grant Amount is $1,500.00 (Please Print or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION ~0\'\nV\ll' - '4e-~1\~{} - ..flU p(~. ~~~:;sofProperty % t:~ N\0J\(X,~-C-3S9 CarohVlll..Av-e-, City/State: ~o..y- K- rt- Zip Code: 3 d./ r 9 Name of Property Owner: Phone # Day: Sc. /~ ,),5,':A > d-.SJ.:1-_ Evening: Legal description and PCN# of the property to be improved (please attach copy of warranty deed and lease, if applicable): Name of Business: (If DiHerent from Property Owner) 'is C"'1.rtoJ 1;,>(;' '" <:~ Address of Business: --=f-e A City/State:g 6,-/ r1toJ ~~ c~ Phone# Day: S0)~,-"~'J..' (~S/g Evening: Type of Business: A..CC:: :l\L E '&il\T E ~-e"^Cr Zip Code: :3 ~ ~.~s- Years of Operation: q'-; ;:3 Number of Employees: .iD__1...::l Annual Payroll: Number of Employees residing in Boynton Beach: PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The following guidelines are applicable to this program: 1. The program is available only for licensed businesses located within the Boynton Beach Community Redevelopment Agency (CRA) district boundaries, Note: See attached CRA Area Map. 2, The program is for commercial properties and businesses only, The property Owner or Tenant may be the applicant. However, jf the applicant is the Tenant, then the Application and Agreement must be jointly executed by both the property Owner and the Tenant. 3. Applicants may not have any outstanding City of Boynton Beach liens against their property and their business license in good and current status with the City of Boynton Beach. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property. the grant will not be awarded until the complete satisfaction of the lien. 4. Eligible signage improvements for this program include: Ii: Signage for a new business (located on the building or the property) , New or replacement signage for an existing business (located on the building or the property) " Signage on Awnings/canopies ( Associated lighting 5. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach/Palm Beach County, Signage must be in accordance with City Ordinance No. 98-43 and the CRA Design Guidelines (attached). 6. Proposed signage and applicable improvements must be approved by the eRA Board. 7. Maximum Grant amounts: The CRA will provide, on a reimbursement basis. a 50% matching grant for eligible signage improvements up to a total of one thousand five hundred dollars ($1,500) of eRA funds, 2 Example: Total sign costs: Applicant funds expended: eRA reimbursement: $1,800.00 $1,800.00 $ 900.00 8. The Signage Improvement Grant program may only be used one time in any three (3) year period for anyone property owner, business entity or applicant. Businesses may re-apply for additional grants any time after three (3) years from previous grant approval. 9. The approved applicant must complete the signage project and submit for reimbursement within 90 days of the grant award. Failure to complete the signage improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. 10. Disbursement of grant funds shall only occur if the following conditions are met: · CRA has received an applicant reimbursement request letter. e CRA has received copies of executed sign contracts, canceled checks (front and back); or credit card receipts as proof of payment. fl CRA has received copies of final "paid in full" vendor/contractor invoices. · CRA has received copies of final inspection approvals for all permit required work. .. Applicant provides four 3"x5" color "After" photos. 3 APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 915 S. Federal Highway, Boynton Beach, 561-737-3256. or online at www.boyntonbeachcra.com. 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first-come, first served basis, 3. Appropriate grant program documents will be prepared and submitted by the applicant. CRA staff will then present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month and the applicant will be notified of grant approval by regular mail. 4. The CRA will administer the Business Signage Improvement program and funding. In addition to the appropriate City building inspections, the eRA will inspect the work to determine the satisfactory completion of the work, 5. Applicant shall obtain, read and understand all aspects of the Business Signage Improvement Grant Program Agreement, including Program and Reimbursement Regulations, 6. Proposed signage must be designed in accordance with the Urban Design Guidelines (attached). 7. Application to this Program is no guarantee of funding. Funding is at the sole discretion of the CRA Board. REQUIRED PROJECT INFORMATION Submit the following required items along with the Application: (' Project work write-up(s) describing in detail the scope of the project, () Plans or sketches of proposed signage and location including color samples and material specifications, (' Third-party cost estimates from a minimum of two (2) licensed contractors, (' Estimated project time line, Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc,), < A minimum of four 3" x 5" color "before" photos of the project which must include all "public views", 4 By signing this Application, I acknowledge that the information provide is true and accurate. I acknowledge that I have received, read and executed a copy of the Program Agreement and I agree to comply with its content. .~~ ApplicantlTenant's S. ture -----. S h ~,.. ..., d r:;.\,<~ ~ \)'iC' Printed Name . lj" )1 . ) I) Date R f' ob", } auJ tJ .-{/'- . Title I ApplicantfTenant's Signature Date -- Printed Name Title STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized ~ by law to administer oaths and take acknowledgements, personally appeared S ~ >1 () ~ c... R. L- <- (.) i '- , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official sea! in the State and County aforesaid on this 1..-.,) day of 11-,,0 A t 1 I 20~ ~t\..r...~ "'- LiNDA . a~~ MYCO/WA' FAZIO . OF na"" ..dSSION ;If (40~) 398-0 eXPIRes. J DD560003 e. 153 'une42 .~: F1arlcla N ' 010 ~ atsry SE1Vice,corn 5 C-.-._co q, -._, -,"..,,~,,_. )xd{~~ Property Owner's Signature ~ LLi:" i:J. ?)':.A- Printed Name I s;- / I s /10 D~te I V'{UL\)~SI.~C~,t- Title Property Owner's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF PALM DCACH o \~ c..- BEFORE ME, an officer duly authoriz ilJister oaths and take acknowledgements, personally appeared 1/ C/o- ___________ who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed, IN WITNESS OF THE FOREGQOl<;, I have set my hand and official seal in the State and County aforesaid on thi\~II" ( S ,;;"- day of fl\a j , 20 10. !l.\\\\\\ 11""11. ~~~ Ct>.N K. He/" "i'~ ~ ~ .........Ff.l)~ ~ _ s." . "ISB .'1/A...,. --- ~ .'cP\1II'II 104".''e;l ~ I /~ ':I~~a 13,<o~", % TARY PUBU =*: ?~~ :: ~z: "It,.. en: E ~ <3 ~ '" IIDD 7830-.7" : * ::: ~~..~~ e UiJ .. ~ ~ 7- '. :rA~<tedthl\l ~.':s:,::. ~ "<>,,;'.,,/,Ic Und6~;~~~~" ~,azll' -"00" . ~";---.;: ..ij<l~ C', STAlE Or ~"". !.lh!lmlll\\i\"" -----~ ) . "" ,_ 'd .~,4f Commission Expires: 6 r 1 r r Page 1 of 1 Utterback, Theresa From: BoyntonRealty@aol.com Sent: Tuesday, June 29, 2010 10:24 AM To: Utterback, Theresa Subject: Hi Theresa RE: Sign assistance application for Las Ventanas The estimated installation of sign for Boynton Beach Realty is approximately August 15, 2010. Thank you, SHARON L GRCEVIC BROKER/OWNER BOYNTON BEACH REALTY 210 NE 3RD ST. B. B. FL 33435 561-252-2519 CELL 561-731-0037 OFFICE 561-731-4622 FAX 6/29/2010 Third Street Signs 561.374.9111 Date: Job Number: June 28, 2010 10546R2 A TO: Boynton Beach Realty QTY . 1.00 $ingle sided 'Nail c:abinet ......H. .:ium,niJrr,GxlRsbiidlofi:.. . - ................................................... Routed faces to reveal acrylic irit$rri~IiY iii~rn.iriate(jAs'ngHq tUbe~.......... . Flush concealed mount Dilis@~g( colbr$t6m~tclfexl$tlii!'1......::". .. UL Labeled lElecldClWH>Witl'1hi&of$lgi)byoihers..: . Size: 2'-6" x 10' .".1.@ COi;~PfPerri'lit@g(A"jl'1Gl\Ji;j,,@::.: .. > 350.00 ..............,.. :. ...' :..' ..: .350:00. . ................ erms: c:o.stof pedilitting. upori. cOl1tral)i. ($$$D)......:.. 50% Upon issuance of permit ($1522.50) Bal~ncel.lpoRdeljvery . Tax rate: 6.5 % Subtotal Tax Total 3,395.00 231.73 3,626.73 r.... ;?;r~~f I^ 0 ~ n =r ~ " in" -I;).Q.~ ;r,fi<03 c == II~ (j) ~ ~ 'j' c: fl s- q r~, E ~ ,. . t1l ~kU. c U) '3 ...... 5- 11 ~ ~ ,,9: Q ~ 2 ...... ""Ul "'If)- ~ " 11l\~ HI c t1l (I) ('\ U\ 0 _, U i'i!:Jin" ;l 5- \1 :l: 2LD~!!~ (j)~~6 , , -- ~ o f'I :J g.~~ ._- t1l ~:l> U. E'Ul '3 '. :r11 c ~ 3 n dI ~~ f'I I1l m -+ :;::::~ --,$') ~:J r'" I ,- V1 I. (5 (.>> 6 -i TDIRE S~R~El " 216 N.E. THIRD STREET, BOYNTON BEACH, FI33435 PHONE: 561-374-9111 FAX: 561-374-8605 H 0_ a l~, o ~ rI ,',. !{ i O. ~. , OJ '- 0 . ~ ~~ t'!iO ~Z ~Oj m > n ~ ~ I. _ ,/ .......- {JI I) " H. Icl ~-~n I tt R- -. tt:i c;, ...j fl. ~I~ .; "-1 i!~ :i -- ~I~ D s. ~ l~ ~l~ :r~~ ii !3 'I'" I- II 'f- II II u " f" ld 6 -~ ,I --j I i I I -..:::::;=r-- ! I I.$ 6 a: c; 1 I I : i I IJ ~ i ! i - -- ~r= ~===--~T W -J, :I> c Jl C C VI 'tI Jl 'tI Jl m Jl ~ (') . 0 'tI ~ < ~ :I> Jl in !!1 r- ... = m 0 Z m z !!1 ~ < !? m C) O:J C Z ~ m )> O:J c: I -.. ~ 3: en ~ U) O:J 1:0 m () ~ z :9 0 0 5: -I ~ m 0 Q k ~ CP Z (~~ I f.. ~ ~ ;3 Ii " '05 '3 .., 11'1 ti~ '1. II} \fl' ~ \ ", NATIONAL. l:)eGIONAL · INTERNATIONAL SIGN PROGRAMS ; SIGN COMPANY~ INC. BUSINESS IDENTIFICATION SYSTEMS SINCE 1947 State Certified #ES-0000387 DATE 6/24/2010 835 N.W. 6 Ave., Ft. Lauderdale, FL 33311 · Phone (954)763-4410. Fax (954)763-2736 CUSTOMER NAME Boynton Beach Realty ST~Efo N~E~~rd Street NAME Boynton Beach Realty BIll ~() \..lr~ I ()c.n~v'r" CITY STATE Boynton Beach, Florida 33435 ZIP STREET ADDRESS 319 East Boynton Beach Boulevard CITY STA1E Boynton Beach, Florida 33435 PHONE 561731-0037 FAX PHONE 561731-0037 ORDERED BY: Sharon Grcevic S>.LES PERSON Michael Sidello I ::l ! Fabricate one(1) internally-illuminated sign cabinet for the front(South) building elevation with "Push-thru" graphics and decorative Sintra mouldings/embellishments per Art Sign Company drawing #10-05-05-272, Sheet #1. Sign cabinets fabricated from heliarc-welded aluminum angle frames with external .125 aluminum face and sides. All internal aluminum surfaces painted bright white for optimum dispersion of illumination resulting in maximum brightness, even illumination and longevity of brightness. All external aluminum surfaces sanded, chemically-degreased, properly primed and finished in texturized, stucco-like coating. All graphics computer-routed into aluminum face with matching computer-routed W' thick clear acrylic inserted into the routed aluminum voids in the face, creating a "Push-thru" appearance. 3M brand transluscent vinyl graphic film to be applied to the faces of the %" acrylic "Push-thru" graphics. Sintra brand PVC mouldings/embellishments to be in texturized stucco-like finish. Internal illumination from High Output fluorescent lamps and ballasts with all wiring in "U.L." ( Underwriter's Laboratories )-compliant conduit and raceways concealed within the sign cabinet, All fabrication, installation and wiring to meet or exceed all applicable building and electrical codes and all U.L. requirements and specifications. PRICE - Front sign - $3874.00 NOTE - Art Sign Company will connect these signs to existing sign circuits or circuits provided by others if circuits are existing at time of sign installation and within five(5) unobstructed feet of the sign locations. A timeclock is required by code and should be installed by the customer's electrician at the same time as the circuits are installed. NOTE - Prices are plus engineering(required by the Building Dept.)-$285.00 per sign, permit processing, acquisition, staff time and inspections-$250.00 per sign, actual cost of permits and sales tax. NOTE - Permit charges for the signs for TSUNAMI SUBS at Las Ventanas from the City of Boynton Beach were $205.63. Please factor in that the city may change their permit fees at any time without notice. Therefore, please do not assume that the permit charges will be exactly the same. Subject to warranty and conditions on back side of this agreement. A deposit of 50% required on aM jobs. Oeposits are not relundable. Balance due upon completion of job. Permits, engineering, statl time, and time clock (If required) will be billed as el<tras and subject 10 sales tax. An orders delivered or installed in Florida are subject to Florida slate sales tax. These prices are valid for 90 days. ACCEPTANCE OF THE ABOVE CONTRACT The above contract, schedule and terms are satisfactory, and hereby accepted and agreed upon. A lease agreement untn balance paid in full. CUSTOMER SlGNA11JRE SUB-TOTAL PERMIT SALES TAX TOTAL DEPOSIT BALANCE iOA-rE DATE (;ONlllll0NAT. SAJ .RS ..\(;RRRMRNT "1 $3~:_4.00 ""___.) I I See NOTE above : ..----~ Additional \' See NOTE above $19~;;;;;----] I See NOTE a~:~~--J ! i 1 c ~ l\l 0 'I ~ ~ in n~ I 0 ~ i"~...~ i. !ii~ ~ ~ , · · J Q a:,,~'7 lono l5" %.-l i -g.. 11 it ~.o( !~-ku- "8 i c ~ ~ i;!1l ~....._.._. -,. I ~ () [ -......-- .... , 3 g. ~ 0 I 11 __ ,8'> ~ i offi e:'~ ........~col 2-+ a "'":;j ~ rr ~t: -;. ~ l';i ~ ~ ~ ~ g.~ i :i 'g g.7;i)il".r=o~ti"O\! :r- ... CI a :"""-:"'>> ~ iicelEJr-~ I :;;. ::I = N :t~;:I I ~ ";: ~ ~ ~; .g a3C\ ; ~ _.-- \ ~ --_.;;;_.~ ~ ~ I ~ :l::~~~~ ! ~ ~~"';'5~ II ~ :.:. :i@Q\ 1ii z0'C,9 I ~ ~ 'f' a : ~ ~ ij i [% I ~ ~ ! ~ i ;. ~ --..--.--.. i ~ "-'--- ~ ~ I ~ ~ I:l :}. g ~ ~ !., ~ :iQ~ i ~ 6o;jg . ;] z '" !. ~ g ~ ~ ( e-i 19 ;f . ~ ~ ~ g w e; ~ ~- ~. ~ ~ --~-_.__. ! ,. ~ ~ Ii S' ~ -;; -!l! ~ 15 o o 3 " ! III ~ li :s El ~ -- ! Xi .- -- .... T' ':::0 i Ii \1\1 II I! ! og I I ii, I i ~ I f ! i I! II i Iii ~ I! 'III I! I i B I \ I 1111.\ \ I, I I I, I II i! ! 'II!! I III ! I i I Iii' II.; i '\ 1'1: 11 ! ! I i I ., I ! I I _. --- ~ .. i Ql ~. ! ..... i )>j :g I ~ I 9:!..i I I i ! ! o ~ il ~ .u i I ! a 'C ~ o :; ~ )> '0 ~ !!<. \J1l~~ 'J c l\l I1l 0 ~ ~ 3 m ~:lQ..;r {t5~~ c = () G\ ~ ~_ . , ~ ::J ~ o I1l 0 -g..u-it Ii l,! oku- ffi U\ \Jl [:n l,! ~ () 0 3 0 1lQ: o J () ~ !\1 \Jl ~\Q ~ J Cd ~ ~ , <3 ~~ trio ~ ~ >z ,",:, Sgr J > n ~ (.ll 6 \ --It:.! ~I Xi n ') . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: eommercial Rent Subsidy Program Grant award for Modernizing Medicine, Inc. SUMMARY: The eommercial Rent Subsidy Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi-year lease. The eommercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi-year lease. The maximum total subsidy per business is $7,200.00. Modernizing Medicine, Inc. is a new business specializing in software design for the health care industry. The corporation will be opening an office at 3330 South Federal Highway, Suite 303, Boynton Beach, FL. Modernizing Medicine, Inc. meets the eligibility requirements and all standards for financial risk assessment under program guidelines (see attached analysis). FISCAL IMP ACT: Project Fund Budget Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 eRA Economic Development Plan RECOMMENDATIONS: Approve a eommercial Rent Subsidy Program Grant award to Modernizing Medicine, Inc., not to exceed $7,200.00. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\Rent Subsidy - Modernizing Medicine.doc I' i ~qY~T2~(~ R ,\ l"e.O 6 East Side- West Side-Seaside Renaissance ~ @;:J'\<~ 2009-2010 1 , ,JJoynton Beach Community Redevelopment Agency 1l_~C~C~ Commercial Rent Subsidy Program Application ~Q" . tJ'lease Type or Pdnt Only -- Use Additional Sheets if Necessary) ReceivED ....._~c.R.A. ~~i .,~, II: ?J-r-(1ft\ I' Applicant Name: Daniel Cane Applicant Mailing Address: 8688 Thornbrook Terrace p()_~I1~.._______.. Boynton Beach, FL 33473________ Business Name (D/B/A ifapplieable): Modernizing Medicine ,_.Inc. ___ . Business Address: 333 0 South Federa~ Highway SY.l~e ~ '3 cG .I3<?Y!:!:ton Beach, FL 33435 ___________ Phone: 866 - 799 -- 214 6 x2 01 --~-_._- 561-423-5912 Email: daniel.cane@modernizingmedicine.com Fed ID# 2 '7 2 0 7 0 9 0 5 Time at Location: .() month~_ Monthly Rent: ~, 2~ :3 tO~') Do you have an executed lease agreement: Yes~__... No Landlord Name: Nigelp~yelopment Landlord SSNfEIN: 56 - 2458783 Landlord's Mailing Address: 3330 South Federal Highway - ----- Boynton I3c<lch,-PL JJ4J5 Was this business previously located at another site:Yes No x Dates: -- Suite__~__ Previous Business Address (if applicable k__.___ New Business: Yes~ No Existing Business: No Type of Business: Software Design for.. the health c.are industry Number of Employees:.-1_ Hours ofOperation:__9 - 5 __ Are you applying for grant assistance under any other program ofTered by the eRA. Yes~_ No If yes, what additional programs are you applying for interior build out and signage improv~m~nt Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561.737-3258 Page lof2 Are you receiving grant assistance from any other governmental agencies: Yes_ No~ If yes, list any aditionai grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Buiid- out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. ~'''f/ l- A Jicant's;8igna re Daniel Cane Pdnted Name -S-,htt ;'l.... Date President and CEO Title Applicant's Signature Date Printed Name Title Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737.3258 Page 2 of2 eERTIFleATION AND WAIVER OF PRIVACY" I, the undersigned, applicant(s) ceriify thai all infornlation presented in this applicatlOn, and all of the infornlation furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach eommunity Redevelopment Agency Commercial Rent Subsidy Program, and It is true and complete to the best of the applicant(s) knowledge and belief The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment fcn making false statements or presenting false infornlation. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the eRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the eRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach eommunity Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the eRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the infoD11ation furnished in suppOJi of the application are found to be incomplete, it will not be processed. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING ,y!z~ It..:;:) Date CGo Title . ---~~.._~.__."--_._._.__.- t's Signature Applicant/Tenant's Signature Date _..._"_.__._-------------~_._- -----~_.- -----".~------_._._._-- Printed Name Title STATE OF FLORIDA eOUNTY OF PALM BEAeH 01 duly, authled .by la~ to admiuister oatbs aud take acknowledgements, ersonallya ~\~ JU~ ~ ' who 18 personally known to produce L: 5 - \ ( 5'- - 3 D as identification, and acknowledged he/she exec e foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. NOTARYPUBLI ave set my hand and ofticial ,2olli. S~~~ . .., eo.n. ... Jan 11, 2014 CIII.I..I,n # DO 151135 ...................., .. IN WITNESS OF T aforesaid on this mmission Expires: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-325x Page 2 of3 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Rent Subsidy Program Application SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Property Owner's Signature Date Printed Name Title STATE OF FLORIDA eOUNTY OF PALM BEAeH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, ersonally appeared -lAo" HoE- '^'~'-C'V ' who is persona y own to me or produced as identification, an acknow edged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and eounty aforesaid on this 'Z 1.i"-- day of \J\A..~ ,20 \0 ~ftP~ My eommission Expires: . ;.~..!'~ ~~~9.Y Pfl1" NO.I;~ry Public State 01 Florida , ': Bruce A Ca rison ~ ,.; My Comrnlssion 00678884 ~OFf'.O<l' EXPires OS/28i2011 Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page3of3 ~~~qY~T2~ICRA ill East Side-West S.,de-Seas.,de Renaissance Boynton Beach Community Redevelopment Agency FY 2009-2010 Commercial Rent Subsidy Program Guidelines The eommercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the eRA District. The program is designed to provide financial assistance to new and existing businesses in the fonn of a rent subsidy intended to help businesses during the critical first year of operation. Pr01!:ram The eommercial Rent Subsidy Program offers financial assistance in the form of rent payment subsidy of for up to half of the business's monthly rent or $600.00 per month (whichever is less) for the first twelve months of a multi-year lease. The maximum total subsidy per business is $7,200.00. eommercial Rent Subsidy Program funding may be budgeted annually and awarded on a first- come, first-served basis. All applications are subject to eRA Board approval. Making application to the program is not a guarantee of funding. EIi1!:ibilitv Reauirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the eommercial Rent Subsidy Program: 1. The business location must be within the eRA District's eentral Business eore, Federal Highway Corridor or Heart of Boynton areas (see attached map). 2, The business must be properly licensed to operate within the eity of Boynton Beach and Palm Beach eounty. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than fifty percent (50%) of its CUITent square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have an executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent \V-2 or ]099 contracted employees whose wages are reported to the state and federal government: (l position occupied by the business owner may count toward one of the required .lob positions. Page 1 of5 T:\PROGRAMS & GRANTS\COImnercial Rent Subsidy Program\Complete Guidelines and Application\Revised 5-4-10 COlmnercial Rent Subsidy Guidelines.doc Initials ~ The following businesses will be considered automatically ineligible for assistance under the eommercial Rent Subsidy Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must define the landlord-tenant relationship and at minimum provide the following information: . A description of the space being rented including square footage and a drawing of the space. . Description of utilities that the tenant is responsible for. . Rental rate and deposits along with terms of lease and methodology for future rent increases. . Responsible party for interior and exterior repairs and/or improvements. . Insurance requirements. . eonditions of Lease termination. . eonsequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. The eRA will issue reimbursement to the applicant directly for the monthly rent payment made to the Landlord upon receipt and verification that the payment as been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the eRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The eommercial Rent Subsidy program may only be used one time by anyone specific business entity or business owner The eRA reserves the right to approve or deny any eommercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the eRA District. The receipt of past payments is not a guarantee of future subsidy payments. Page 2 of 5 T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Complete Guidelines and Application\Revised 5-4-10 COlmnercial Rent Subsidy Guidelines.doc lnitials_ ..r){~: Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to detern1ine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the eRA office. Application packets must include the following documentation: . eompleted and signed application. . Copy of all business and occupational licenses. . Copy of the corporate documents for the applying business entity. . Copy of executed or proposed multi-year commercial lease agreement. . Landlord SSN or Tax ill. . Business plan, including executive summary and three-year financial projections of revenues and expenses. . Two (2) years of audited financials and corporate tax returns (for existing businesses only). . Two (2) years of tax returns for the owners of a new business. . Qualifications, experience and track records of business owners. . List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, eRA staff will present the funding request to the eRA Board for approval. The eRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Proposed leases must be executed within thirty (30) days of eRA Board approval or the grant award is tenninated. Rent Subsidy Payments - Rent Subsidy payments will begin at the beginning of the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant Site Visits _ eRA staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Reporting _ By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the eRA with proof of employee wage reporting dming the time period that the subsidy payments are being made. Failure to provide the reports to the CRA within two Page 3 of5 T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Complete Guidelines and Application\Revised 5-4.] 0 Commercial Rent Subsidy Guidelines.doc weeks of the date they are submitted to the FIOlida Depaliment of Revenue and/or the IRS will result in immediate disqualification from the program. Initials \) L- For W-2 eligible employees, timely FIOlida. Department of Revenue Employers Quarterly Report (VeT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s-corporations, or any other entity that elect to pass through taxable income to business owners and the business owner(s) are one or more of the listed employees for application purposes, an 1040ES payment voucher or proof of electronic payment is required. Quarterly payments must be made before the due dates or any penalties for late filings must show as paid. If the business owner elects to file the 1040-ES annually, the eRA must receive a copy of the filing no later than two weeks after the IRS deadline. If the business owner does not qualify for estimated tax reporting, an Estimated Tax Worksheet from IRS form 1040-ES must be submitted along with the prior year's tax return (if not already submitted). For 1099-MISe eligible employees, IRS Miscellaneous Income form (l099-MISe) must be submitted annually to the eRA before February 28 of the following year. Proof of cleared checks showing employee payments along with a statement of service provided by the employee must be submitted no later than two weeks after the end of each quarter (April 30, June 30, September 30, and December 31). Discontinuation of Payment - The receipt of past payments is no guarantee of future payments. The eRA retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA eOUNTY OF PALM BEAeH BEFORE ME, an officer duly au orized aCknOWledgements~sOnallY apP.9"ed - who is personally own to me or produce c..<a identification, and acknowledged he/she ed the foregoing Agreement purposes mentioned in it and that the instrument is his/her act and deed. and take , ....Das for the use and IN WITNESS OF THE FO~OING, I have set my hand and official seal in the State and eounty aforesaid on this ~ day of ~, 2011)- Page 4 of5 J '-~O . T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Complete Guidelines and Application\Revised 5-4-10 Commercial Rent Subsidy Guidelines.doc NOT AR Y PlJBLlC' 11111_ .-I11.H_ ...., NIle . ... of ...... · .., c-. ....... .... 11, 1114 COlJlJlI.... # 00 151131 2009-2010 .......lInIIIt....... .. Boynton Beach Community Redevelopment Agency Business Signage Improvement Grant Program Guidelines & Agreement SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING Prop tolD 05 Z/t Date Ow rJ E...P-.. Title Printed Name Property Owner's Signature Date Title Printed Name STATE OF FLORIDA eOUNTY OF PALM BEAeH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared =:J.A.~M. E- \.J\..Ll..'<~ ---------- who i~ '\Personally known to me 1 or produced _________ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this -z.,q-rk.- day of tv\~ ____._---' 20 lQ. NOT ~ Y PUB LlC'~ ~,".'""'"'''..r'...'''''''\,;f.'''''''',,.f'....~''~.....''..< ./-:'S.7- /I. .. . c"...v.o.';it :,',~llacvFJbiicStateofFlorl!"' ..'" / II>, It ~ \....,~..-/ I _ ~ J '~: [3ruce I~ Carlson ~H, ,.>' (.'./. c;- .i.--J' I ~ (jv-v... ~,;,:"f).i;.. My COrnrlllSsl0n DD6788.84 . j~'. ~- ~ -t:;,"i'o;,eo Expires OS/28/2011 - My Commission Expires: ~,r',-,~'."'V"O'~.,A,/"+I"'"I'Vv,...,.v.,,,......... Page 5 of5 T:\PROGRAMS & GRANTS\Commercial Rent Subsidy Program\Complete Guidelines and Application\Reviscd 5-4-1 (J COlwnercial Ren1 Subsidy Guidelines.doc Includes Non-Operating Income Pro-Forma Income Statement Modemlzlng Medicine Inc For 2010 through 2013 (all numbers in $000) REVENUE 2010 2011 2012 2013 Gross sales $600 $900 $1 ,350 $2, 700 Non-Operating Income $1 ,000 $1,000 $1 ,000 $1,000 Less sales returns and allowances 60 90 135 270 Net Sales $1,540 $1,810 $2,215 $3,430 COST OF SALES Beginning inventory $114 $252 $244 $237 Plus goods purchased I manufactured 500 512 524 537 Total Goods Available $614 $764 $769 $774 Less ending inventory 252 244 237 230 Total Cost of Goods Sold $362 $520 $532 $544 Gross Profit (Loss) $1,178 $1,290 $1,683 $2,886 OPERATING EXPENSES Selling Salaries and wages $451 $462 $473 $484 Commissions 154 181 222 343 Advertising 1,638 1,556 1,478 1 ,404 Depreciation 0 0 0 0 R&D 655 622 591 562 Total Selling Expenses $2,898 $2,821 $2,764 $2,793 General/Admin istrative Legal & Accounting $25 $26 $27 $28 Employee benefits 4 5 5 6 Payroll taxes 2 3 3 4 Insurance 30 31 32 33 Rent 36 37 38 39 Utilities 5 5 5 5 Depreciation & amortization 5 5 5 5 Office supplies 1 1 1 1 Travel & entertainment 3 3 3 3 Postage 1 1 1 1 Equipment maintenance & rental 0 0 0 0 Interest 0 0 0 0 Furniture & equipment 3 0 0 0 Total General/Administrative Expenses $115 $117 $120 $125 Total Operating Expenses $3,013 $2,938 $2,884 $2,919 Net Income Before Taxes ($1,835) ($1,648) ($1,201 ) ($33) Taxes on income 0 0 0 0 Net Income After Taxes ($1,835) ($1,648) ($1.201 ) ($33) Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) ($1,835) ($1,648) ($1,201) ($33) Modernizing Medicine Inc Net Income: 4 year average ($940,500) Profit Margin: 4 year average -39.39% Debt Ratio 4 year average 1.17 Degree of Operating Leverage: 4 year average -18.88% What are Revenues after all costs, liabilites and taxes? What are revenues after all costs? How much revenues are profit? How well do profits cover total liabilities? How large are liabilites compared to assets? J How much to fixed costs effect earnings? Return on Assets: How efficient are assets? 4 year average J -0.39 Current Ratio: 4 year average 0.84 Accounts Payable Turnover: 4 year average NA Workin Capital: 4 year average ($451,000) Breakeven Units: 4 year average 4.97 Can all short-term assets cover short-term costs? J How often are suppliers paid off? \ How much is left after short-term costs are paid? How much must be sold to cover operation costs? Risk Analysis for Modernizing Medicine Inc 60 40 24 40 38 15.2 Business Plan Score (50% of Total Score) 95 34 32.3 143.7 out of 200 possible 85 32 27.2 71.85% 90 29 26.1 70 27 18.9 25 20 5 25 25 6.25 25 23 5.75 25 15 3.75 Financials Score (50% of Total Score) 50 15 7.5 97.75 out of 200 possible 80 20 16 48.88% 50 17 8.5 80 10 8 85 20 17 90 10 9 20 15 3 80 10 8 Total Score I 60.360,'0 I Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69.99% = Stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% - 19.99% = Weakness 0% - 9.99% = Fault Risk Analysis,Rent Subsidy, New Business, Service, 2010 ~!I~ctY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 I x I Consent Agenda I I Old Business I I New Business Legal Other SUBJECT: eommercial Interior Build-out Grant for Modernizing Medicine, Inc. SUMMARY: Modernizing Medicine, Inc. is a new business specializing in software design for the health care industry. The corporation will be opening an office at 3330 South Federal Highway, Suite 303, Boynton Beach, FL. Modernizing Medicine, Inc. is eligible for $15,000 in commercial interior construction/renovation grant assistance due to the fact they meet the requirements of creating three full-time employee (FTE) positions. Each FTE job created is worth $5,000 in funding assistance with a maximum grant award of $15,000. Modernizing Medicine, Inc. has the ability to be successful over the next five years. This is a new business in a new industry. The biggest opportunity for this industry is that the federal government is offering a stimulus to doctors that buy products like those offered by Modernizing Medicine, Inc. Modernizing Medicine, Inc. has met all standards for financial risk assessment; therefore, has an average chance of success (see attached analysis). FISCAL IMP ACT: Project Fund Line Item 02-58400 CRA PLAN, PROGRAM OR PROJECT: 2008 eRA Economic Development Plan RECOMMENDATIONS: Approve a eommercial Interior Build-out Grant for SGVK, Inc. not to exceed $15,000. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-1O Meeting\Interior Build-out - Modernizing Medecine.doc 30YNTON f')~ ..31: A CHC _ East Side~West Side~Seas\de Ren.issa nee RECEIVED BOYNTON lEACH C.RA IteCIi'''I:O Applicant Name' Daniel cane-.:=_==~_ = :---- ----'IEAC/f ;.~ S- Applicant Mailing Address: 8688 Thornbrook Terrae e: Point =~===-_~==:=- C" .A. 4t, Boynton Beach, FL 33473 2009-2010 Boynton Beach Community Redevelopment Agency Commercial Interior Build-out Program Application (Please Type or Pl'int Only -Use Additiollal Sheets if Necessary) Business Name (D/B/A if applicable): Modernizinq Medicine, Inc-,__ Business Address: 3330 South Federal Highway Sui te ~ '303 Boynton Beach, FL 33435________________. Phone: 866-799-2146 x201 Fax:__~J:::_1:2 3 - 5912 Email: daniel. cane@modernizingmedicine. com Fed ID# 27- 207090 S Time at LocatiOli: Dmonths Monthly Rent: ._. ~_~<::::L)O Do you have an executed lease agreement: Yes~_ No Landlord Name: Nigel Development Landlord SSN/EIN: S 6 - 2458783 Landlord's Mailing Address: 3330 South Federal Highway---SUlt~~_~?.:QI ______._ Boynton Beach, FL 33135 --------------------- Was this business previously located at another site:Yes_______ X Dates: Previous Business Address (if applicable): Ne\v Business: Yes...1L_ No Existing Business: Yes~ No Type of Business: Software Design for__ the_ heal th care industry Number ofEmployees:~_______M_ Hours of Operation:____ 9am - Spm Are you applying for grant assistance under any other program offered by the eRA: Yes~_ No If yes, what additional programs are you applying for: commercial rent subsidy and signage.improvement Boynton Beach Community Redevelopment Agency 9]5 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561" 737-3258 Page I Gf :2 Are you receiving grant assistance from any other governmental agencies: Yes_ No_ If yes, list any adjtional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certity that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build- out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. . I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the eRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in suPPOtt of the application are found to be incomplete, it will not be processed. ~~~ Daniel Cane Printed Name 5"/20/ 110 Date President and CEO Title Applicant's Signature Date Printed Name Title Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beacb, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 2 of2 \ "~~ .~." .",,> 1!.~qY~T8~lCRA iI East Side-West Side-Seaside Renaissance 2009-2010 Boynt<m Beach CoIill'llllnity lledevelopment Agency Commercial Interior Build-out Pl"ogram Application (please Typ~ or Print Only- Use Additional sileCts if Necessary) -~---,----_.,--,~_.._._.~._------~-,.~-.-..__._---- Applicant Mailing A --~"-_.._----~.,-_.__..._-----------_..- . -_.----- - ,~--_._-------_._'_.._.- ~_..._._--,-_.._._---_.,--'_.__._. Phone: '\ \ \ \ \\ \ \ Bu:;iness Address: Fax: Email: \ , \ Time at Location: \ Monthly Rent:_ Do you have an executed lease agreement:\s_ No..._ Landlord Name: '\ Landlord SS'NIEIN: .- \ Landlord's Mailing Address: \ " \ \ Was tbis business previously located at another site:Ye~.. No Previous Business Address (if applicable ): Fed ID# . -_.._----,..._.-_._".._,------_._~....._--_.- -. Dates: .m_'_. _~ ._.=.=-~=.=~ --.. New Business: Yes No Existing Business: Yes~ No_..._ Type of Business: -_.,~._,~,._----- "'\ Number of Employees: Hours ofOperation:__...\ -----..---- ~~ yOU a1r~ing for frr;~:,":~~::::= ~;~~::a~~~~e ORA \. - .---..........--.-..-.-.--.. ... --.-' \ --..--.---.-.-.-.,-.- Are you receiving grant assistance from anY other governmental agencies: veL No__ If yes, list any aditional grant sources and amounts: .--..--..- Boynton Beach Community Redevelopment Agency 915 S. Fed~alHighway.Boynton 'Beach. FL33435 Office: 561-7j7-j256 Fax: 561~'737.3258 Page I of4 CE:R.tIFICATION AND WAIVER OF PlUVACY: ~, the Ull?ersi~ne.d. al'~Ucant(s)certify that ~~oi'I?at~Of1 pre~nted itl this applic~ti?n, and ~U of the inf911n8,tlon filWlshed 1ll support. of the ~pplicati,~ 18 gIven for fb:~ purpose of obtairiing a grant 1.11lPel~ the BoypJol). Be~ch Commt11i!ty Re4~yelopm~p.t A&ew;y Commercialllltedor .lluild-out Pro~am" and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the factthathelshe can be ~ali7ed by :tIDe and/or impr1.s~fin1ent for mflking false statements o.t presenting false infQrmation- I further atbDwledge fl1~ J have r~ alid understand the terms anQ conditions set forth .~ described in the Boynton Beach Community Redevelopment Agency Commercial Interior Bulld-out ProgtBDl Guidelines. I understand that this app1icatibn is not aguartUitee or griant assistance. Should my appHcatiohbe approved, I understand that the eRA m~y at its sole disCretion cU$cdntililte subsidy payments. at any thne if in it$ sole and ~b.s"Qlute determination it fee}ssucb. aS$i$~i!ce no longer meets the program cl'iteria or is p.o longer benefiting the furtherance offhe ORA mission. I herepy waive my l'ig4ts \mder the priv~cy and c()l1fj.delltiality pNvision act, and give my consent to the Boynton Beach Commumty Redevelopment Agency, its agents and contractors to examine any confidential information given herein. 1 fmther grant petmissi~ and ~njthorize arty bank, efiiPloyer or other pubHcoi' private agency to disclose infutrMtion deemed necessary to complete this application. I give PermissiOli to the eRA or its Ilg~nts to take photos of nlYself and business to be \lsed to promote the prograun. I l.lnc}~'$ta,p.d t4ilt iftl1i~ application and (he infonn~tiQn furnished in sQPport of the appUcation is fotllJd to be incomplete, it will not be processed. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING ~~~ ~~~i~l C~ Printed Name Ip-G(?A:> I 0 Date ~ Title i\pplicantlT ertant's Signatul'e Date Printed Name Title BO>'llton Beach Community Redevelopment Aaency 9158. EederalH\&hwl% 13oyrtton Beach, FL33435 Office: 561-737-~256 Fax: 551-137-3238 Page 2 of4 STATE OF FLORIDA COUNTY OF PALM BEACH ized by law to administer oaths and take acknowledgements, , , who is personally known or roduc 0 - - 3 identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is hislher act and deed. IN WI~ESS ,OF TW~OING~Y hand and o{ticial seal in the State and County aforesaId on this ay of .r- _, 20 lQ. ~ ....., P1IIIIc . .... of FIoriltI · My ClIIIIIl. Extirtt ..... 11, 2014 COIIIIIIuion . DO 951135 .....lIIrotIIIt 1IIIonaI....., Awl. Boynton Beach Community Redevelopment Agency 915 S. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 Page 3 of4 2009..2010 BQynton Beach Community Redevelopment Agency C~ntmefcial Interior Build-out Progrl\m Applicatlon SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING :P Title Printed Name Properly. Owner's Signature Date Printed "Name Title !STAtE o.FFLQR!DA COUNTY OF PALM BEACH -BEFORE ME~ an officer duly authotized by law to administer oaths $d t~e aek.r1QWledgemenJs, peJ:fiQl1aUy appeared ~ ~ ~ ~ 1.1\ ~ rI (P . .., wb,o is[PerS1>nallv knoWi]. ~ or produced .. . .... as ~clel1tification, ~nd p,okn?wledged he/she executed the foregoib,g Agreement for the use arid purposes mentioned In it and that the insttlllnent is hisfher act and deed. IN WrniESS QF THE FOREGOING, I h.ave set my hand and officiaJ seal i1j. the Stateaud County aforesaiq on this ;J.. '1 day of If\, rT 'f. , 20112. N..orARYPUBkt9.~G .- ~ ~~ My Ooffirhissiol't Expires: ~ Nota'y Public StaliO 01 Florida BruGe A Canson My Commiss'on OD678884 Expires D5/;,SI2Vi 1 B6ynJon Beac'hConunUl'lity Redevelopment Agency 915 S. Fedetal I-li~h\Va1, Boynton Be~h, iL 33435 Office: 561-737-3256 F~: 561-737-3258 Page 4 of4 IJI~Y~8~lCRA II East Slde~West Side~Seaslde RenaIssance 2009-2010 Boynto~ Beach C()I}tmunity RedeV'el9pment Agency COIumercial Interior Bund-out Assistance Program Guidelines The Commercial Interior Build-out Assistance Program is deslgned to help facilitate tbe establishment of new businesses a.n.d aide in the expansion of existing businesses within the eRA district. The program is desigJ,led to p,1:ovide fina.qcial assist~nce to new and existing businesses in the fOlm of a subsidy intended to reduce a business's initial costs associated with the constrnction and interior finishing of a new or expanding location, Applicants may be eligible for up to $15~OOO to assist with the cost of commercial interior constni.ction or renovations. The amoUnt of funding is determined by the number of jobs cteated by the applicant. Each f\H1-tilll~ eq\uvaJ.eht job created is worth $5,000.00 in funding f,l.ssistance from the eRA with a ma.ximum grant award of $15,000, Businesses applying for fmancial assistance witb the cost of interior build out must receive City of Boynton Beach Development Department and Building Depaltment building pennit approval. PrOf:!ram The Commel'ci~ Inte.riol' HuUd-out Pi'Qgram Qff~rs [mancial assistance in the form of a reimbursable grant tc) the langlord or business owner for eligible ~xpenses associated with the construction or renovation of the interior elements of the operating space. Items eligible for funding under the .t:n:ogram Eire limited to: 1. Interior walls 2, Interior pl\lmbing 3. Interior electrical system hicluding lighting 4. HV AC system 5. Flooring The Commercial InteriQr Build-out P~ogram fqp.ding may be budgeted annually and awarded on a first- come, first-served basis. All applications a.re subject to CRA Board approval. Making application to the program is not a guarantee offtmding. Eli2ibilitv Reauirements Applicants must meet all of the folJ..pwmg requiterJiel1tS in otder to be considered eligible to receive grant funding under the Cornrtlercial1nterior Build-out Program: 1. The business must be located within the eRA District's Central Business Core, Federal Highway Oorridor or Read of Boynton areas (see attached map), Initials~ P~ge I of~ T:\PROGRAMS & GRANTS\Cdl11mercial Interior Build-out AsSistiiric-Ct>rognifi1\\Veb fomtatl'rogram Guidelines & Appli~ati(jn\Revised 5-4-10 Interior Buil4.(jut Assi~iiln~e Pl'oiiftinGuiclelines.doc 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defmed as being in operation for a minimum of three years at the time of application. S. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W-2 employees or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. The following businesses will be considered automatically ineligible for assistance under the Commercial Interior Build-out Program: a. Businesses that employ less than two full-time equivalent W-2 employees or 1099 contracted employees. b. Businesses who do not report employee's wages to the State of Florida Department of Revenue. c. New businesses identified as a "convenience store" or "adult entertainment" use. d. New businesses using a D/B/A that has been used by another business within the past twelve (12) months. Grant Terms and Conditions A commercial lease must defme the landlord-tenant relationship and at minimum provide the following information: . A description of the space being rented including square footage and a drawing of the space. . Description of utilities that the tenant is responsible for. . Rental rate and deposits along with terms of lease and methodology for future rent increases. . Responsible party for interior and exterior repairs and/or improvements. . Insurance requirements. . Ability to telminate. . Consequences of default on the lease. Initial~ Page 2 of5 T:\PROGRAMS & GRANTS\Commercial Interior Build.out Assistance Program\Web format Program Guidelines & Application\Revised 5.4.10 Interior Build.out Assistance Program Guidelines.doc The CRA reserves the right to approve or deny any Commercial Interior Build-out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the CRA District. Procedures for AIDDlication and ApD:rOV~ Application Process - All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: o Completed and signed application. o Copy of all business and occupational licenses. o Copy of the corporate documents for the applying business entity. o Copy of executed multi-year commercial lease agreement. o Landlord SSN or Tax rD. o Business plan, including executive summary and three-year financial projections of revenues and expenses. o Two (2) years of audited financials and corporate tax returns (for existing businesses only). o Two (2) years oftax returns for the owners of a new business. o Qualifications, experience and track records of business owners, o Copy of design and construction plans associated with the proposed improvements. o List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. Approval of Funding Request - Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the eRA Board for approval. The eRA Board meets on the second Tuesday of each month and staff will notify the applicant and landlord of approval or denial in writing. Site Visits - CRA staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation, Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms ofthe grant agreement. Page 3 of 5 T:\PROGRAMS & GRANTS\Coml11ercial Interior Build-out Assistance Program\ Web fonnat Program Guidelines & Application\Revised 5-4.10 Interior Build.out Assistance Program Guidelines.doc Initials1jL Expense Reimbursement - This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request package. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within 180 days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) Application for reimbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum offour 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for !!!'!H the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed Drior to receiving grant approval is ineligible for reimbursement. . Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the eRA, City, Palm Beach eounty or the State of Florida. The Commercial Interior Build-out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build-out Assistance program may only be used one time in any five year period for anyone specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build-out Assistance Program award. Page 4 of5 T:\PROGRAMS & GRANTS\Commercial Interior Build-out Assistance Program\Web format Program Guidelines & Application\Revised 5-4.10 Interior Build-out Assistance Program Guidelines,doc Initials (\~,e Grantees shall allow the CRA the rights and use of photos and project application materials. ReJ.lol'tirlg - By a9Cepting th~ want, fue ~plicant agrees to cOlIlJ>ly with the repQrtjng reqt~~yment of providing the eRA ,vith proof of employee wage reporting during the two years followingCompleti011 bfthe project to verify that the tequiredjbb positions ate properly fulfilled arid maintained. Fat W-2. eligible employees, timely Florida Depa11ment of Revenue Employers Qual'te.t1y Report (UCT -6) for' each consecutive qu~er lUllst be submitted. For sole ptoprietOl'$mj>S, partnershi~, s-corpol'ati(m~, or any other ent;,ty that elect to pass tQrough taxal;>1e in~()me to business owners~nd the busil1ess owner(s) are one q~ more of the listed employees forapplicationpurpoges" anl040ES payment voucher or ptoof of electronic payment is required. Qtraiietly payments must he made before the due dates or any penalties for late filings must show as paid. Irthebu$iness ownei' elects to file the i040-ES annually, the CRA must receive a copy of the fiUng nC) later than two we~s 2lfter the IRS dea<;lline. If the buSiness owner does not qualifY for estimated tax reporting, an Estimated Tax Worksheetfi'om IRS form 1040-ES must be submitted along \Vith the prior year's faX return (d' not already submitted). For 1099-MISC eligihle eIilployees, IRS Miscellaneous Income form (1099-MISe) must be suhmitted annually to the eRA before FOOrual'Y 28 of the following year. SUBMISSION OF AN APPLICATION IS NOT A GUARNTEE OF FUNDING I ackno\vledge that I have read and understand the Connnerciallnterior Build-out Assistance Program Guidelines as set forth aoove and agree to comply With its content. ~vI~ ~;e( CcAi'L Pi:hited Name 'rb-c../2-otJIV Date C~?V Title APplicant/Tenant's Signature Date Printed Name Title Page 5 of 5 T;\PROGRA:MS& GRAN'fS\Cp~ilhl~rciaJ Interior B\lild-911t AS$islance PrograDl\Web ~ormat PrOll'llffi Gu'idelines & Application\Revised 5-4-10 Interior BuDd.out AsslslaDce Program Guidelines.doc Includes Non-Operating Income Pro-Forma Income Statement Modemizing Medicine Inc For 2010 through 2013 (all numbers in $000) REVENUE 2010 2011 2012 2013 Gross sales $600 $900 $1,350 $2,700 Non-Operating Income $1 ,000 $1 ,000 $1,000 $1,000 Less sales returns and allowances 60 90 135 270 Net Sales $1,540 $1,810 $2,215 $3,430 COST OF SALES Beginning inventory $114 $252 $244 $237 Plus goods purchased / manufactured 500 512 524 537 Total Goods Available $614 $764 $769 $774 Less ending inventory 252 244 237 230 Total Cost of Goods Sold $362 $520 $532 $544 Gross Profit (Loss) $1,178 $1,290 $1,683 $2,886 OPERATING EXPENSES Selling Salaries and wages $451 $462 $473 $484 Commissions 154 181 222 343 Advertising 1,638 1,556 1,478 1,404 Depreciation 0 0 0 0 R&D 655 622 591 562 Total Selling Expenses $2,898 $2,821 $2,764 $2,793 General! Administrative Legal & Accounting $25 $26 $27 $28 Employee benefits 4 5 5 6 Payroll taxes 2 3 3 4 Insurance 30 31 32 33 Rent 36 37 38 39 Utilities 5 5 5 5 Depreciation & amortization 5 5 5 5 Office supplies 1 1 1 1 Travel & entertainment 3 3 3 3 Postage 1 1 1 1 Equipment maintenance & rental 0 0 0 0 Interest 0 0 0 0 Furniture & equipment 3 0 0 0 Total General/Administrative Expenses $115 $117 $120 $125 Total Operating Expenses $3,013 $2,938 $2,884 $2,919 Net Income Before Taxes ($1,835) ($1,648) ($1.201) ($33) Taxes on income 0 0 0 0 Net Income After Taxes ($1,835) ($1,648) ($1,201) ($33) Extraordinary gain or loss $0 $0 $0 $0 Income tax on extraordinary gain 0 0 0 0 NET INCOME (LOSS) ($1,835) ($ '1,648) ($1,201) ($33) Modernizing Medicine Inc Debt Ratio 4 year average 1.17 Return on Assets: 4 year average -0.39 Current Ratio: 4 year average 0.84 Accounts Payable Turnover: 4 year average NA What are Revenues after all costs. liabilites and taxes? What are revenues after all costs? How much revenues are profit? : How well do profits cover total liabilities? How large are liabilites compared to assets? I How much to fixed costs effect earnings? How efficient are assets? I Can all short-term assets cover short-term costs? I How often are suppliers paid off? I How much is left after short-term costs are paid? Breakeven Units: How much must be sold to cover operation costs? 4 year average I 4.97 ] Risk Analysis for Scale: 90% - 100% = Exceptionally Well 80% - 89.99% = Better than expected 70% - 79.99% = Strong Stability 60% - 69.99% = Stability 50% - 59.99% = Passing 40% - 49.99% = Some Uncertainty 30% - 39.99% = Uncertainty 20% - 29.99% = Problematic 10% - 19.99% = Weakness 0% - 9.99% = Fault Modernizing Medicine Inc Giijj. "":''''';1, '.'<' 60 40 24 40 38 15.2 95 34 32.3 85 32 27.2 90 29 26.1 70 27 18.9 25 20 5 25 25 6.25 25 23 5.75 25 15 3.75 50 15 7.5 80 20 16 50 17 8.5 80 10 8 85 20 17 90 10 9 20 15 3 80 10 8 Total Score I 60.36% I Business Plan Score (50% of Total Score) 143.7 out of 200 possible 71.85% Financials Score (50% of Total Score) 97.75 out of 200 possible 48.88% Risk Analysis,Rent Subsidy, New Business, Service, 2010 I )~ ,'<" "' r~ 1IIJ~~'tY~T8~,CRA Ii East Side-West S',de- Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 I x I Consent Agenda I Old Business New Business I I Public Hearing I I Other SUBJECT: Approval of eontribution to St. John Missionary Baptist ehurch for their 2nd Annual "Back to School eommunity Health/Resource Fair" in the amount of $1 ,000. SUMMARY: St. John Missionary Baptist ehurch has requested that the eRA contribute $1,000 to their 2nd Annual "Back to School eommunity HealthlResource Fair" (see attached letter). The funds will be used for purchasing backpacks, school supplies and food. FISCAL IMPACT: $1,000 from General Fund 01-51010-203 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and Heart of Boynton Redevelopment Plan RECOMMENDATIONS: Approve $1,000 contribution to St. John Missionary Baptist ehurch for their 2nd Annual "Back to School eommunity Health/Resource Fair". ~:;;t ~~f Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-1O Meeting\Contribution to St. John Missionary Baptist Church for 2nd Annual Back to School.doc Missionary Baptist Church June 3, 2010 Ms. Lisa Bright eity of Boynton Beach eRA Boynton Beach, FI 33435 Dear Ms. Bright: The St. John Missionary Baptist ehurch Evangelism Ministry will be hosting its 2nd Annual "Back to School eommunity Health/Resource Fair" on Saturday, August 7, 2010 from lOam to 2pm. In order to make this event a success, we need your support. Last year we were able to service 900 youth. This year we plan to reach over 1200 youth. There will be music, food, and activities for the youth. Community providers will be present to give information to the families. The event will be held at 900 North Seacrest Boulevard, Boynton Beach, FI 33435. It is our goal to give each school age child a backpack filled with school supplies. We are requesting that you assist us in this endeavor by donating $1000.00 toward the purchase of backpacks, school supplies and food, It takes all of us together to strengthen communities and make a difference in the lives of our youth. Let's show them that we care about their success. If you have any questions, please contact me at (561) 732-2377 x270 by email atkbush@stiohnmbc.net. Thank you, in advance, for your support. Sincerely, Kemberly Bush Executive Director Family Resource eenter ~~~~Y~T2~ie RA . East Side-West Side-Seas'lde Renaissance eRA BOARD MEETING OF: July 13,2010 I x I Consent Agenda I I Old Business I I New Business Legal I Executive Director's Report SUBJECT: Approval of Agreement between the Boynton Beach eRA and Gadsen & Ravitz for the Design and Fabrication of Public Art Element at the Amphitheatre SUMMARY: Although the amphitheatre project is not subject to the Public Art Ordinance, staff felt it was important to include public art elements in the project as this would reinforce Ocean Avenue as the cultural corridor recommended by the Downtown Vision and Master Plan. The budget for the public art element is $13,000, The design ofthe public art will tie into the Ocean Avenue bridge and the Boynton Harbor Marina design elements creating an identity for downtown Boynton Beach. FISCAL IMPACT: $13,000 to come from the amphitheatre budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS/OPTIONS: Approve the agreement between the Boynton Beach eRA and Gadson & Ravitz in the amount of $13,000. ViVIan L. Brooks Assistant Director , T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\Art for Amphitheatre.doc \i , "~:~ (fF":;.... ~.~ .,~. ~ \' I' ~Iol..."< ~\ ~ ~.... _ :--:;;,~ ~,' . W"~ L .d~~ ili.. ", ~< .~. ;'.:'..1 ' , lj;jix,;. <~ ~ c' "\ ~ i "".~~... I ~ t2 gY.i:;:": :;, to' -S:\ t, ...~:~ LJ ~H2:~; ~ F~:~- I i ~ \. . I, ~ l' ;.. , t ~ , i ,<" ~ ~ I I' ~ ~ ~r~ ! ! , 0 ~Iia ~.h!~ , ~ ~ ~~. tL.~, , Ii 8~ i.t~ ~~~i~~ I~ ~li~d~ u~~:~~ ~~~~~I~;8Ud!~ ~ 8f~h~lh~.m ! I ~ ~~ ~~ ~() <ffi ::r= ~ V u ::r= <c ..~~z~ o~~~ ~ ~. ~::r= ~ "'~o ~~~~O~3~ ~ Z . ~ <C t.r-.~-2. ~ ~ r.Ll ~tJ <r:: O. ~ > g~~ > ~ ~ ~~@ O~ O~aO< ffiZ~~ ~ !~~~>-< CO I o~t::: ~~~ ~Q::E d~ ::r=8 Ucid o ~ I, t5:J: ~~~ s~ I' ~u. <ooE::J.. 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(j~~~2~~2~~i2~t!~8 ~ :~It~t ~.'~~'~~. o~-~oho1" I, ~"nn. o ~ ~ 3 ~ li .. ~ ~~ .. ~ ~ ~ ~ p ~ Ii: ~ ~. ~~s~i8hwHd8[; ~ 8~m i i g g g ~ g ~ g ! ~ ~ g g g 0 g : g ~~ S ~ ~ 8 ! E ~ ~ ~ E ~ ~! ~ ~ ~ ~ ~ ~~ ~~ ~~ ~ ~~ ,;;j8Q:;~~~tlgc~ . {: ~ ~ ::0. il. ,; '" 8>6 ~ I ~ 5 ..j:::...~ ~ ~ ~ "" 7' C> ~:~.:.~ ~ ,~ ~ " ;:;; ~ ~ :>0> r.=1~n o:l zZ;:.;;:t; txlO ~~;::jbn~~ ~i:is:;:>o~n...., ~i5i:i~ ::x:::~ Zm'" "':0<:> ~I~ I,." '.'.. ., iJ; i ~~ ~U~ 8--- ~> ;::" '" )>;; ...:;~- :-< --- . . :;;!!1 ~ ~ ....~g ~> ~R!;! ~;: ~~~~~ ~ ~~~...., ~~b:I:~m. ~~~'"I ~~e~G) ..:U"","I blllf'l~ n :,-:; .- About Us Page 1 of2 Gadson Ravitz Home Gallery CV/Bio Contact Purchase Info Artist Statement Links ) CV/Bio ') George Gadson and Beth Ravitz After many years seeking advice from each other on their individual Public Art projects, George Gadson and Beth Ravitz formed Gadson & Ravitz, LLC, a Public Art and Design Consulting firm. Gadson being male and African American, and Ravitz, being female and Jewish, both felt they were not only a part of the face of south Florida's diverse community, but together they equipped to address the diverse needs of the greater community. With combined careers of nearly 50 years, these two artists work in a variety of materials and range of styles. From small to large budgets, their projects are site specific, enhance the environment, excite and engage the community where the artwork is placed and is recognizable as unique and belonging to that specific neighborhood. Additionally, the team works in a variety of durable materials including ceramics, concrete, stone, glass, metals (bronze, copper, ) and aluminum), earthworks, installations, found objects and http://www.gadsonravitz.comlmbr_bio.php 7/612010 About Us Page 2 of2 acid staining. All materials require little or no maintenance and are adaptable to harsh weather conditions. The Gadson & Ravitz team shares a fearless approach to creating new works of art, transforming the ordinary into the extraordinary. By making a place into a work of art instead of just placing art in public locations, a sense of meaning and place is created , changing the public's view of environments that were once unnoticed. The team of Gadson & Ravitz takes meaningful spaces and makes them functional and aesthetically beautiful. For example, one of their most recent projects, The Ilene Lieberman Botanical Garden in Lauderhill, Florida, speaks to their ability to integrate design elements using part of an existing construction budget and adding aesthetic value to a project through the following artistic expressions: 1. Mosaic imaginary flowers and leaves adorn three acid stained concrete walls of the new dumpster. 2. Acid stained concrete sidewalks bearing the shapes of the actual palm fronds, leaves and flowers that are founded in the park. 3. A large leaf mosaic created from rocks culled form the local rock quarry brings to life a once uninteresting concrete wall. 4. Antique concrete artifacts fragments found at a salvage yard provocatively placed around key plantings with small attached plaques identifying the plant species. . From conception to reality, the Gadson & Ravitz team provides so much more than a completed Public Art Project. They are true collaborators with the commissioning agency, conduct thorough research to gain an understating of the community's history, the site's past and current use, and make every effort to reach out and engage the community in order to gain insight into their true desires and needs. Notify me of new art by this artist Powered by artspan.com artspan is contemporary art http://www.gadsonravitz.comlmbr_bio.php 7/6/2010 AGREEMENT THIS AGREEMENT. dated the between: day oj 201 U. is :.lnc! Boynton Beach Community Redevelopment Agency, a public body corporate and politic. dul) created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "('RA". and Gadson & Ravitz with an address ofP. O. Box 771802, Coral Springs, FL 33077-1802 in hereinafter referred to as "ARTIST." eRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions. promIses. covenants and payments hereinafter set forth, eRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landfoffil elements as described in the eity of Boynton Beach Public Art Ordinance 07-002; and WHEREAS, eRA desires to obtain professional services from ARTIST for the creation of public art element(s) for the ehildren's Schoolhouse Amphitheater hereinafter referred to as Amphitheater public art project; and WHEREAS, ARTIST possesses specific skills, talent expertise, experience and knowledge to provide the eRA with the services related to the public art in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design phase 1 and proposal to implement the Amphitheater public art project; and WHEREAS, the eRA desires to commission the ARTIST to create public art element(s); and 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: ARTICLE 1 1.1. REeIT ALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. Pagelof7 ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. ARTIST hereby agrees to create public art element(s) described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The Amphitheater public art project shall be located at such location within the eRA as designated by the eRA. 2.3. ARTIST shall furnish all servIces and labor necessary and as may be required III the performance of this Agreement. 2.4. ARTIST hereby represents to eRA, with full knowledge that eRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The eRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "V ARA". The eRA will not intentionally distort and/or modify the public art element(s), where the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The eRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the public art element(s), in any manner the eRA sees fit. The eRA agrees not to sell the public art element(s) to a third-party for monetary gain. The eRA may transfer ownership of the public art element(s) to another governmental entity or to a not for profit corporation. 2.8. The eRA agrees to give the ARTIST full acknowledgement and credit as the creator of the public art element(s). 2.9. The eRA agrees to provide the ARTIST access to eRA property, as a work site to prepare the public art element(s) for installation. 2.10. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the eRA. Page 2 of7 ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with eRA as follows: 3. I. All work performed under this Agreement shall he done IJ1 a professional manner 3.2. The public art design phase I shall be produced to the CRA's satisfaction and in conformitv with the appropriate moral and ethical standards for the community in which the CRA is located. The eRA shall have the right to approve and/or reject the public art design phase 1 or any portion thereof. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Amphitheater public art project dated July I, 2010, a copy of which is attached hereto as Exhibit "/\" 3.4 The eity of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the public art element(s) process. Project is estimate to begin July 14, 2010 with a completion date estimation of November 2010. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. This Agreement may be terminated by the eRA for cause or convenience, upon ten (10) days written notice by the eRA to ARTIST. In the event that this agreement is terminated by the eRA for convenience, the eRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the eRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the eRA will be furnished to the eRA upon completion and/or termination of the Agreement, whichever occurs first. 4.3 The eRA's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The eRA shall provide compensation and/or payments to the ARTIST at a deposit of$3,500.00 to begin the project with the balance upon completion of a public art element(s) as set forth in the Proposal for the Amphitheater public art project dated July I. 2010. a copy of which is attached hereto as Exhibit "A", Page 3 of7 ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK eRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the eode of Ordinances of the eRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's eompensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to provide Worker's eompensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of$I,OOO,OOO (all professional contract services). B. Said general liability policy shall name the eRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the eRA. e. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. D. ARTIST shall furnish the eRA with a certificate of insurance after award has been made prior to the start of any work for the eRA. Said insurance companies must be authorized to do business in the State of Florida and the eRA will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The eRA reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide eRA proof of such exemption along with a written request for eRA to exempt ARTIST, written on ARTIST's letterhead. Page 4 of7 7.2. Independent Contractor. This Agreement does not create an employee/emplu\ et relatlOnsl1q' between the Parties. It is the intent of the Parties that the ART]ST is an independent contractor under this Agreement and not the eRA's employee for an~ purposes. l11cluding but 11(;1. imited the application of the Fair Labor Standards Act minimum wage and uvertime payments Federal Insurance eontribution Act, the Social Security Act. the Federal (inemployment Tax Act. lhe provisions the Internal Revenue Code, the State Worker's Compensation Act. and the State t !nemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ART]ST' activities and responsibilities hereunder provided. further that administrative procedures applicable to services rendered under this Agreement shall he those of ARTIST. \vhich policies of ARTIST shall not conflict with CRA State. or {inited States policies. rules or regulations relating to the use of ARTIST' funds provided for herein The ARTIST agrees that It 15 a separate and independent enterprise from the CRA, that it had full opportunitv tCI find other business. that II has made its own investment in its business. and that it will utilize a high level ,,j skill necessan to perform the work. This Agreement shall not be construed as creating al1\ loint employment relationship between the ARTIST and the CRA and the eRA will not be liable It)!' any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ART1ST without the prior written consent of eRA. However, this Agreement shall run to the eRA and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the tenns or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage. gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the eRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price. or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party. at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CRA designate the following as the respective places for giving of notice: eRA: Lisa Bright, CRA Director Boynton Beach eommunity Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 Telephone No, (561) 747-3256 Facsimile No. (561) 747-3258 Page 5 of7 eopy To: James A. eherof, eRA Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East eommercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 ARTIST: Gadson & Ravitz P.O. Box 771802 eoral Springs, FL 33077-1802 Telephone No. 954-822-5425 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach eounty, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the eRA and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights. After final acceptance of the artwork by the eRA, the following ARTIST' rights shall be guaranteed: Page 6 of7 . Maintenance of public artworks shall be the respcHlslbility 111 the ~ j{ property association and not the ARTIST fhe responsible pany shal I efforts to maintain the artwork in good repair I'hc responsible consult the ARTIST on major repairs Copyright of the artwork shall belong to the creator(s), but the eRA or developer or property association shall be granted the right to make two-dimensional reproductJOlls 1{)r non-commercial purposes. ur.Jeveloper make reasonable shall alten,p! l( . IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: WITNESSES: BY: Lisa A. Bright Executive Director By :__~~_~_________ _ Print Name: By: ____~___~______ Print Name: COMPANY/ARTIST NAME By: Print Name: George Gadson By:__ By: Print Name: Beth Ravitz By: ST ATE OF FLORIDA : ss: COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments. personally appeared as_______________ of ________________ who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and eounty aforesaid on this day of_______ ________ . .2010. --,----~------,.__.._._----~_.__.._---_._.- -~,----------~-~_..._._._--_. (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commission Name of Notary Public l Page 70f7 Gadson & Ravitz P.O. Box 771802 Coral Springs, Florida 33077-1802 954-822- 5425 954-701-2118 ggadson@gadsonravitz.com bethravitz@aol.com EXHIBIT "A" Boynton Beach CRA Schoolhouse Children's Amphitheater Public Art Design Project July 1, 2010 PROJECT DESCRIPTION The goal of the Schoolhouse Children's Amphitheater public art project is to collaborate with REG Architects to enhance the Amphitheater structural design and tie it into the CRA's plans for the downtown master plan activating East Ocean Avenue from the Intracoastal waterway to the City Cultural Campus at Seacrest Boulevard. The Schoolhouse Children's Amphitheater is being renovated into a more efficient usable space for the community. Its intended use is an outdoor venue to host such events as concerts, performances and movie showings. The design should also be mindful of the historical 1913 Schoolhouse Children's Museum that shares the Amphitheater grounds. The public art feature will be fabricated for a set budget while additional enhancements will be considered in the build costs for the total project. DESIGN CONCEPT The City of Boynton Beach enjoys a dynamic mangrove preserve, beginning with Mangrove Park and continuing to the Promenade Walkway neighboring the Boynton Harbor Marina at the Intracoastal Waterway. With both the park and the surrounding marina playing an important role in the economic and ecological vitality of Boynton Beach the team decided to incorporate the mangrove tree as the prominent design element for the Amphitheater. This design element connects the marina to the downtown city/cultural district and establishes a 'sense of place.' Other design elements, fabricated in mosaic tiles, include a shimmering sun, wave shaped designs, representing the slow water flow found amongst the mangroves, and 3-D sculpted mangrove leaves. Also included are mangrove root designs fabricated from cutout powder coated aluminum that will be located at the bottom of the tree flanking the two adjoining Amphitheater walls. All design elements will be researched and fabricated to insure safety and wind load compliance. Mangrove tree concept: The mangrove tree trunk will be fabricated with metal that , ;:;~o~a~elo~~ ct~cl: d~~;dh~~~nd~~w::t~oa~:~l i;e I".'.' a flat brown color. The metal tree trunk will be attached ~J .... to the stage in front of the support beam for the stage Ro~ concept of Mangrove tree public art enhancement. canopy. Tree canopy may be branches as shown or simplified to a lower mangrove leafy canopy allowing shade structure to represent sky above mngrove canopy. ARTIST CONCEPT The mangrove tree public art concept incorporated into the ~' Amphitheater will enhance the structure and connect to Boynton Beach's waterfront and marina areas while complimenting the 1913 . Schoolhouse Children's Museum. Mangrove roots will be designed using powder-coated metal tubmg. shaped and bent to look ilk<; tree [oots. rh( roots will extend from the base of the tree trunk along each side wall. The Mangrove canopy may extend up into and attach to the amphitheater shade structure O[ be a separate more leafy structure that is an extension of the tree trunk. A two foot metal plate extending from the wall will mechanically attach the roots to the stage. Background wall scene: The background wall will be acid-stained. Mosaic leaf appliques will be applied to the acid-stained wall depicting the dense mangrove eco system. Ceramic mosaic tiles will be placed at the top edge of the walls simulating waves to represent water and sky. Additional shimmering yellow mosaics will depict the ever present Florida SUll. The mosaics will provide the brilliant colors contrasting to the Mangrove's texture during the daytime. Lighting will be strategically placed to dramatically light these elements at night. Example of Mosaic leaf applique on Acid-Stained Wall ALTERNATE CONCEPT Mangrove tree: . The mangrove tree can be fabricated by using metal that will be rolled to a curved form to simulate a tree trunk with a canopy above it. Additional metal r cut forms can be perforated with circle design holes and powder coated in a flat brown color. The tree trunk will be attached to the stage in front of the support beam for the stage canopy. Cut out Panels Back Existing Wall: Mangrove leaf and root designs will be fabricated as cut outs from metal panels. During the day the cut outs will appear dark, and at night the back lit panels will glow showcasing the intricate cutout design patterns. Each panel starting from the mangrove trunk will be a few inches closer to the wall than the other, making them appear 10 have dimension, not just flat against the wall. Panels on both walls will be of equal distance. Maintenance The only maintenance required is the use of mild soap and water on surfaces for cleaning both ceramic work and power coated metal on an as needed basis. Additional Suggested Design Elements . Powder coated Aluminum cutouts on the front storage doors panels under the amphitheater stage floor with images such as: Sea grass (varying purple colors). · Silhouette designs of: birds, shells, flowers, leaves . Stage Canopy with artistic elements. Gadson & Ravitz P.O. Box 771802 Coral Springs, Florida 33077-1802 954-822- 5425 954-701-2118 ggadson@gadsonravitz.com bethravitz@aol.com Boynton Beach Children's Amphitheater Budget Artist/Collaboration and Design Fee $ 3,500 Construction/F abricationlInstallation Trunk fabrication with perforated and rolled metal Design Mosaic tiles- Mangrove Leaves Design and Installation Oversight $10,000 Total Public Art Budget ConstructionlFabricationlInstallation $13,500 The preceding budget is based upon real cost for materials and labor as of June 30, 201 O. Project Payment Timeline Task Completion Date Payment Artist Provided Signed Contract with Deposit July 14 $3,500 Finalize Design Concept July 30 Fabrication of Design August through $8,500 . Tiles October . Leaves . Roots . Tree Trunk Upon Approval of Completion and Installation $1,500 3 " ",.. ~~~~Y~T8~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13, 2010 I x I Consent Agenda I I Old Business I I New Business Legal I I Other SUBJECT: Six-Month Lease Agreement for CRA offices SUMMARY: At the June 8,2010, CRA staff was directed to negotiate a six-month lease for the current office location of 915 S. Federal Highway, Boynton Beach, Florida. FISCAL IMPACT: Budget Line Item 01-51620-205, $22,200 until January 31,2011. CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the six-month lease between Sundowner Motor Inn, LLC and the Boynton Beach Community Redevelopment Agency for 915 S. Federal Highway for the period July 1,2010 through January 31,2011. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-1O Meeting\6-month lease for 915 S. Fed Hwy.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 continue to work with Holiday House. He recommended staying on course. It was noted renovating Holiday House could be accomplished in 45 days. Mr. Hay wanted staff to remain at the current location, which would provide additional time for the economy to turn around and the CRA would not have to pay to relocate in addition to paying the renovation fees. He supported remaining at the current location for another year. Mr. Holzman disagreed on the basis that the economy was down and the Board should not wait for a turnaround. He expressed this was the time to take advantage of the reduced rate and it could be an opportune time for the CRA to make an investment, lease the space and give staff the space they needed with the owner willing to bear the cost of the roof repairs and the interior improvements The staff could customize the interior to meet their needs. He suggested continuing negotiating with Holiday House. As to the alternative option, Mr. Holzman proposed staff could negotiate a better rate. Entering into a six-month lease at the current location and then moving forward with Holiday House was the best option It was noted the owner was not present. Ms. Bright explained one of the reasons staff did not renovate the building was when Palermo's bakery needed a home, Ms. Brooks vigorously pursued Mr. D'Almeida to accommodate a wholesale bakery with retail option and he would not make the improvements for them. The building deteriorated. The architect provided the estimates for the repairs at $20,000 for the roof; $20,000 for the truss; $20,000 for the HVAC, and the building had no plumbing or electrical. Ms. Bright requested further direction and reiterated she needed to provide the current landlord with proper notice of whether they would remain. If it was on a month-to-month basis, it would be a higher amount. It was requested the landlord write an offer and bring it back to the Board. Motion Mr. Holzman moved to allow the Chair to negotiate with Holiday House and to continue negotiations with the Holiday House with the Executive Director and the Chair to determine a potential lease or buy option. Mr. Orlove seconded the motion The motion passed 4-1 (Mr. Hay dissenting.) Motion Mr. Holzman moved to enter into negotiations with the current owner for a six-month lease. Mr. Orlove seconded the motion. The motion passed 4-1 (Mr. Hay dissenting.) XII. Executive Director's Report Mr. Holzman left the dais at 8:23 p.m. 10 Page 1 of 6 COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 11 day of r ~ 2010, by and between Sundowner Motor Inn, LlC (hereinafter referred to as "Landlord") and the Boynton Beach Community Redevelopment Agency a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, its agents, servants, employees, or contractors,(hereinafter referred to as "Tenant"), for the property located at 915 South Federal Highway, Boynton Beach, Florida 33435. ARTICLE I - GRANT OR LEASE Landlord, in consideration of Three Thousand and Seven Hundred Dollars ($3,700.00) per month (receipt of which is hereby acknowledged) and the covenants and agreements to be performed and observed by the Tenant, does hereby ease to the tenant and the tenant does hereby lease and take from landlord the property located at 915 South Federal Highway, Boynton Beach, Florida (the "Leased Premises"), together with, as part ofthe parcel, all improvements located thereon. ARTICLE 11- DEPOSIT Landlord acknowledges receipt of a fully-refundable security deposit in the amount of Four Thousand Dollars ($4,000.00). landlord agrees to refund to Tenant the security deposit plus three (3) percent interest at the end of the lease term. However, if the Tenant terminates the lease prior to the agree- upon term as stated herein, Tenant will forfeit the deposit amount in its entirety unless an agreed-upon refund amount can be negotiated between Landlord and Tenant. ARTICLE III - LEASE TERM The term of this lease shall begin on the 1st of July, 2010, and shall terminate on January, 31, 2011, unless otherwise extended in writing by both parties at least 30 days prior to termination date. Tenant shall have the option of renewing for one-year terms with the consent of Landlord. ARTICLE IV - RENT Rent payment shall be due and payable to landlord and checks shall be made out to Sundowner Motor Inn, LLC and delivered to landlord on the tenth of each month, thereafter, unless the tenth falls on a Saturday or Sunday or holiday, and in the event, rent would be due the next busness day immediately following. Rent payment shall be mailed, delivered by overnight delivery, wired or hand delivered to landlord at address set forth below. A late fee of $100 shall be applied to any rent payments which are five (5) business days late or more. Page 2 of6 ARTICLE V - IMPROVEMENTS AND FURNITURE Landlord hereby grants Tenant the unrestricted right to construct improvements within the Leased Premises so long as Tenant informs Landlord in writing (via electronic correspondence or letter) prior to such improvements taking place. Any and all furniture remaining on the Leased Premises upon the beginning of the Term of this Lease shall become the property of the Tenant. ARTICLE VI - UTILITIES Tenant shall pay for all water, sanitation, sewer, electricity, light, heat, gas, power, fuel, janitorial, internet and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. Landlord shall pay for extermination services. ARTICLE VII - OBLIGATIONS FOR REP AIRS Landlord shall make any and all necessary repairs, the value of which exceeds Seventy- Five Dollars ($75.00), to any pOltion of the Leased Premises upon notice from Tenant. Repairs that concem health and safety issues shall be completed within five (5) business days of notice of such need for repair. Non-essential repairs shall be completed within fOUl1een (14) business days. ARTICLE VIII - TENANT'S COVENANTS Tenant covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only structural repairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; b. To pennit Landlord and its agents to examine the Leased Premises at reasonable times and to provide Landlord, if not already available, with a set of keys for the purpose of said exanlination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To maintain the Leased premises in safe condition and repair and at its sole cost and expense. correct or remove any matter that would violate applicable law or constitute a dangerous or objectionable condition, ARTICLE IX - INDEMNITY BY TENANT Except for the limits ofliabiIity set forth in Section 768,28, Florida Statutes, the Tenant shall save Landlord harnl1ess and indemnify Landlord from all injury, loss, claims, T:\OPERA TIONS\Office Infonnalion - Lease Contracl\COMMERCIAL l.EASE AGREEMENT 915 S. Federal HW 4.2009.doc Page 3 of6 actions or damage to any person or property while on the Leased Premises and any related expense, including attorney's fees~ unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than one million dollars for injury or death from one accident and $500,000.00 property damage insurance, illSUl'ing Landlord and Tenant against injury to persons or damage to propeliy on or about the Leased Premises. A copy of the policy 01' a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancelable without ten (10) days prior written notice to Landlord. ARTICLE X- USE OF PROPERTY BY TENANT The Leased Pl'emises may be occupied and used by Tenant exclusively as an office for the Boynton Beach Community Redevelopment Agency and those uses incidental thereto. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign~ or license the use of the property to any sub-Tenant, assignee~ or licensee, which or who shall use the propeliy for any other use. ARTICLE XI - DEFAULT In the event that Tenant shall be in default of this Lease, Landlord may pursue all remedies available at law or equity. In the event of default by Landlord, Tenant may temlinate this Lease or seek specific performance or pursue all remedies available at law 01' equity. ARTICLE XII - HAZARDOUS MATERIALS Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state 01' fedel'allaws or regulations, or as those tenns are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous matedals on the propelty is prohibited.. Tenant shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Landlord, within the propelty. If any contanlination either spread to or was released onto adjoining propeliy as a result of Tenant's use of the property, the Tenant shall be held similarly responsible. The Tenant shall indemnify~ defend, and hold harmless the Landlord from any claim, loss, damage, costs~ charge, or expense arising out of any such contamination. ARTICLE XIII · MISCELLANEOUS Section 1. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant observing and perfonning all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, T:\OPERATIONS\Office Information. Lease Contract\COMMERCIAL LEASE AGREEMENT 9\ 5 S. Federal HW 4.2009.doc Page 4 of6 occupy and enjoy the Leased Premises in accordance with the telms ofth1s Lease without hindrance or molestation from Landlord or any persons lawfully claiming tlU'ough Landlord. Section 2. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 3. Waivers. Failure of either patty to complain of any act or omission on the pali of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said patty of any of its rights hereunder. No waiver by either pal1y at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver ofa breach of any other provision of this Lease or a consent to any subsequent breach ofthe same or any other provision. Section 4, Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. If sent to the CRA, notices shall be addressed to: Lisa Br!ght, Executive Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 BrightL@ci.boynton-beach.fl.us With a copy to: Janles Cherof Goren, Cherof, Doody & Ezrol, P A 3099 East Commercial Blvd, Suite 200 FOlt Lauderdale, FL 33308 T:\OPERA TlONS\Office Information. Lease Conlract\COMMERCIAL LEASE AGREEMENT 91 5 S. Federal HW 4.2009.doc .Page 5 of 6 If sent to the Landlord notices shall be sent to: Craig Pfeifer Sundowner Motor Inn, LLC 1112 Westwicke Lane Lutherville, Maryland 21093 cwp@mdscreen.com Section 5. Assignment. Tenant shall not assign this Lease without first obtaining the written consent of the Landlord. Section 6. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person 01' circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such telm or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enfOl'ced to the fullest extent permitted by law. Section 7. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the m0l1gagee in possession at any time, of the land and building comprising the Leased Premises. AllY pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions ofthis Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained herein shall be deemed or construed by the pal1ies hereto nor by any third palty as creating the relationship of principal and agent or of pa11nership or of a joint venture between the palties hereto, it being understood arid agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 8. Brokerage. No palty has acted as, by or through a broker in the effectuation of this Agreement. Section 9. Entire Agreement. This instrument contains the entire and only agreement between the patties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect This Lease shall not be modified in any way except by a writing executed by both patties. Section 10. Waste. Tenant shall occupy the leased premises in a careful and proper manner and not commit any waste thereon. T:\OPERATIONS\Office Infomlalion - Lease Conlracl\COMMERCIAL LEASE AGREEMENT 915 S. Federal HW 4.2009.doc Pagelof6 COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of ..,2009, by and between SUlldowner Motor Inn, LLC (hereinafter refel:r~d to as ';Landl~~') and the Boynton Beach eommunity Redevelopment Agency a public agency created pursuant to Chapter 163, Patt III, of the Florida Statutes, its agents, servants, employees, or contractors, (hereinafter referred to as Tenant"), for the property located at 915 South Federal Highivay, Boynton Beach, Florida 33435 ARTICLE I - GRANT OF LEASE Landlord, in consideration of Three Thousand and Three Hundred Dollars ($3,300,00) per month (receipt ofwhich is hereby acknowledged) and the covenants and agreements to beperfol1ned and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property located at 915 South Federal Highway, Boynton Beach, Florida (the "Leased Premisestl), together with, as part of the parcel, all hllpl'Ovements located thereon, ARTICLE II - DEPOSIT Landlord acknowledges receipt of a fully-refundable security deposit in the amollnt of Four Thous.and Dollars ($4000.00), Landlord agrees to refnnd to Tenant the security depositplustlu'ce (3) pere.ent interest at the end of the Lease tenn, However, if Tenant terminates the lease prior to the agreed-upon term as stated herein, Tenant will forfeit the deposit amount in its enti1'et)' unless an agreed-upon refund amount can be negotiated between Landlord and Tenant. ARTICLE III ~ LEASE TERM The term ofthis Lease shall begill on the I st of June, 2009, and shall terminate on May 31,2010, unless otherwiseextellcled in writing by both parties at least 30 days prior to the termination date. Tenant shall have the option of renewing for one-year te.rms with the consent of Landlord. ARTICLE IV - RENT Rent payment shall be due and payable to Landlord and checks shall be made out to Sl.mdowner Motor Inn, LLC aIld delivered to Landlord on the tenth of each month thereafter, unless the tenth falls on a Saturday or Sunday or holiday, and in that event, rent would be due the next business day immediately following. Rent payment shall be mailed, delivered by overnight delivery, wired 01' hand delivered to Landlord at the address set forth below. A late fee of$100 shall be applied to any rent payments which are five (5) business days late or more. T:\OPERA TIONS\Office Information _ Lease Contracl\COMMERCIAL LEASE AGREEMENT 915 S. Federal J IW 4 2009 doc Page 2 of6 ARTICLE V - IMPROVEMENTS AND FURNITURE Landlord hereby grants Tenant the unrestricted right to constlUct improvements within the Leased Premises so long as Tenant infomls Landlord in writing (via electronic con'espondence or lettel') prior to such improvements taking place. Any and all furniture remaining on the Leased Premises upon the beginning ofthe Term of this Lease shall become the property of the Tenant. ARTICLE VI - UTILITIES Tenant shall pay for all water, sanitation, sewer, electricity, light, heat, gas, power, fuel, janitorial, internet and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. Landlord shall pay for extermination services. ARTICLE VII ~ OBLIGATIONS FOR REP AIRS Landlord shall make any and all necessary repairs, the value of which exceeds Seventy- Five Dollars ($75.00). to any portion of the Leased Premises upon notice from Tenant. Repairs that concern health and safety issues shall be completed within five (5) business days of notice of such need for repair. Non-essential repairs shall be completed within foulteen (14) business days. ARTICLE VIII ~ TENANT'S COVENANTS Tenant covenants and agrees as follows: a. To procure any licenses and pel1nits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only structW'al repairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; b. To permit Landlord and its agents to examine the Leased Premises at reasonable times and to provide Landlord, if not already available, with a set of keys for the purpose of said examination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To maintain the Leased premises in safe condition and repair and at its sole cost and expense, correct or remove any matter that would violate applicable law 01' constitute a dangerous or objectionable condition. ARTICLE IX - INDEMNITY BY TENANT Except for the limits of liability set forth in Section 768.28, Florida Statutes. the Tenant shall save Landlord h81mless and indemnify Landlord fl.'om all injury. loss, claims, T:\OPERATIONS\Office Information. Lease Contraet\COMMERCIAL LEASE AGREEMENT 915 S. Federal HW 4.2009.doc Page 6 of 6 SECTION 11. Governing Law. All matters pertaining to this Lease (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida, The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this lease or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees ,Court costs and all other expenses, whether or not taxable by the court s costs, in addition to any other relief to which the prevailing party may be entitled, In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause{s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. IN WITNESS WHEREOF, the parties hereto have executed this lease the day and year first above written or have caused this lease to be executed by their respective officers thereunto duly authorized. ~ \ fu I f rumc... ~~l,{J\ Printed Name -~~, ~d~ Signed, sealed and delivered in the presence of: dl~ Sundowner Motor Inn, LLC Craig Pfeifer, Managing Member Printed Name -m~~//S4 Signature WITNESS TENANT Printed Name CRA Board Chair Signature Date Executed: Printed Name Signature 1IJ~~<tY~T8~ eRA . East Side- West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13, 2010 I x I Consent Agenda I I Old Business New Business Legal Other SUBJECT: Approval of eRA Budget Workshop Date SUMMARY: . The FY 2010-2011 eRA Budget Workshop is tentatively planned for Monday, August 16, 2010 at the eity Library's Program Room from 6:00-9:00 pm. . Draft notice is attached subject to Board approval. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDA TIONS: . Approve August 16th for Budget Workshop. . Approve an alternative date. &~ Executive Director 0-,~ T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07 -13-10 Meeting\Budget Workshop Date.doc ~~~~Y~T2~ C . East Side-West S.lde-Seas.lde Rena.lssance NOTICE OF CRA BUDGET WORKSHOP Please be advised that the Boynton Beach eRA will hold our Fiscal Year 2010-2011 Budget Workshop as follows: Monday, August 16, 2010 6:00-9:00 pm at Boynton Beach City Library Library Program Room 208 S. Seacrest Boulevard Boynton Beach, FL 33435 561-737-3256 Jose Rodriguez, Chairperson Lisa Bright, Executive Director 915 S. Federal Highway Boynton Beach, j.J, 33435 !5(1) 73 7~25() www.boyntonbeachcra.com eRA BOARD MEETING OF: July 13,2010 I x I Consent Agenda I Old Business I I New Business Public Hearing Other SUBJECT: Procurement Purchase Orders SUMMARY: Attached procurement purchase order report for July, 2010. FISCAL IMPACT: $5,000.00 - PO#822 - Budget Line Item: 02-58500-480 CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Approve the procurement purchase order report for July, 2010. ~, T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 - 2010 Board Meetingsl07 -13-10 MeetinglPurchases Less Than $25,000. doc '~~qY~T8~ICRA iIIIi Ea't Side-West S,de-Seaslde Reni,mr.,e Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Be ach FL 33435-5612 PURCHASE ORDER PO Number: Date: Request # : Vendor # ISSUED TO: SOUTH FLORIDA P 0 BOX 3 660 9 BUS I N E S S J () URN A SHIP TO: " 1 N B E A ': H SOU T H FED E ? CHARLOTTE, NC 2823 q A F ' ;-1 IlEM UNITS o .00 DESCRIPllON PRICE AMOUNT EVENT 02 -58500--480 n 'JOG.or. EVENT FOR THE SOUTH FL RIOA BUSINE S J RUA TOTAL DIRECTOR OF FINANCE DATE TOTAL TAX TOTAL n I ! U , I 8/20"U EXECUTIVE DIRECTOR DATE 1. Original invoice plus one copy must be sent to BO)f'lton Beach CRA AccOunts PlI)llble Dept, 916 South Fed_ High~ BO)f'lton Beach. FL 33435-5612- 2. paynent maybeexpacted wthin 30 days of receipt of goods, unless otherWsestated- 3. C.OD. shipment..1I not be accepted. 4. Purchase Order numbers must appear on all shipping containers, packing slips and invoices_ Failure to complywth the above request maydelayp3)f'l1ent. 5. All goodS we to be shipped F .0.8. Destination unless otherWse stated. 6. All materials mid services we subj act to approval based on the description on the face of the purchase order or appendages thereof. Substitutions...e not permitted wthoul approval of the Requesting Deperiment. Material not approved ..II be returned at no cost to the City. 7. All goods mid equipment must meet or exceed all necessarydty; state mid federal stondwds lI1d regulations- 8. Vendor or mmlufecturer bllll'S risk of loss or damage untU property received lI1dlor installed. 9. Seller ackno..edges that bU)9" is an equal opportunityemplo)9". Seller..1I comply..th all equal oppertunitylaw; and regulations that ...e applicable to it as a supplier of the bu}<'f- Finance Dept. (561) 737-3256 Fax (561) 737-3258 East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 I x I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Approval of funding the Community Family Reunion in the Park. SUMMARY: On September 26,2010, St. John's Missionary Baptist Church is hosting a "Celebrating Community, Family & Unity" event within the Heart of Boynton Community. The event is expected to attract more than 2,500 attendees including residents and business owners. This community based event is part of 1 02nd year anniversary celebration. FISCAL IMPACT: $12,000-Project Fund-02-58200-406 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and HOB Community Redevelopment Plan RECOMMENDATIONS: Approval of the Community Family Reunion in the Park Event. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\St. Johns Missionary Baptist Churc.doc Sainl ,John Missionary Baptist Church -600 Missionary BaRtist Cliurch 900 North Seacrest Boulevard Boynton Beach, Florida 334 Office # 561- 732.2377 Fax # 561-732-3270 .qeverend Lance Chaney, Pastol July 7, 20 I 0 Lisa Bright, CRA Director City of Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Dear Lisa: For over 100 years St. John Missionary Baptist Church has been a pillar in the city of Boynton Beach, Palm Beach County, and the general south Florida area. Thousands of families and individuals have been touched by our ministry and outreach. As our congregation approaches nearly 3000 members, we look forward to doing even more in the future. On September 26, 2010, we will be culminating our 102nd anniversary celebration with the "Community Family Reunion in the Park". This community-based annual event has taken place for the last eight years with tremendous success. In 2009 we had over 1300 attendees that traveled to the City of Lake Worth to join in. This year's event will take place directly in the heart of the community we serve. With major support from our congregation combined with our comprehensive marketing efforts, we are expecting and preparing for more than 2500 attendees. The focus of this event is to bring together families throughout the city of Boynton Beach, and the surrounding areas. Our theme for 2010 is, "Celebrating Community, Family, and Unity." This year we would like to partner with the CRA to host this event. We are requesting $12,000 to help with the cost of this event. This spectacular event will have live entertainment, food, games and activities for all ages and will be absolutely free. In addition to your support we are requesting sponsorship from several businesses and organizations to help make this event a memorable one for the citizens of Boynton Beach. We look forward to partnering with you for the phenomenal event that will reach thousands in the heart of Boynton Beach. ;:,1:::; Rev. Lance Chaney Senior Pastor Reachi11iJ The Redeemable In Him WIt haYII ~ throuQh His blood. 1tHJ~ ofslns, wx:onItlQ 10 !he riches of His grace. - Eph. 1:7 From: Amy Allen [mailto:aallen@bizjournals.com] Sent: Wednesday, June 16, 2010 3:40 PM To: Walsh, Margee Subject: sponsorship of Amendment 4 Forum presented by South Florida Business Journal Hi Margee I just realized I had not yet send you a contract for sponsorship of the Amendment 4 Forum. Sorry! I have aached it to this email. Please sign and fax or email back to me. In case you need it, I have also broken down the event and sponsorship a little more. Let me know if you need it in a more formal presentation for your Board and I would be happy to do it for you. All the best Amy Amendment 4 Forum presented by the South Florida Business Journal Amendment 4 is emerging as one of the most controversial measures to hit a statewide ballot in years. Developers and many business leaders fear it will hurt future projects and create economic harm, including loss of jobs. Supporters of the measure point to urban sprawl and indictments of politicians as reasons to give voters a say in changes to comprehensive development plans. The South Florida Business Journal is planning a public forum on Amendment 4, also known as Hometown Democracy, as part of its monthly Critical Conversations discussions to be held on July 22. Attendees will b~ able to hear balanced multiple viewpoints on whether the amendment would create an economic train wreck or foster more orderly development. There have been many one-sided events on Amendment 4, but the Business Journal sees this as an opportunity to fully educate the public before voting. A special report will publish in the South Florida Business Journal on Aug 6, reporting on the forum and reaching the business community across the tri-county area. The Business Journal has discounted our rates for sponsorship and advertising for this important issue. ''1onsorship rate: $5,000 Benefits include: · Logo on all promotional materials related to the event in print, email & online (min $25,000 event promotional campaign) Logo and recognition at event Opportunity to distribute company information to attendees · Table of 10 at event (value $350) · Logo on cover of special report published in the South Florida Business Journal Aug 6 . Half page full color ad within report (value $7,290) Amy Allen I Manager, Key Accounts South Florida Business Journal 6400 N. Andrews Avenue, #200 Fort Lauderdale, FL 33309 954.949.7561 direct I 954.949.7599 fax 561.714.8691 cell I aallen@bizjournals.com email www.southflorida.biziournals.com For more information about this commercial email, either reply to this email or write to: Customer Service, South Florida Business Journal, 6400 N Andrews Ave Ste 200, Ft. lauderdale, Fl33309 To notify us that you do not want to receive emails like this in the future, please advise us by replying to this email with the word "Remove" in the sub'ect line. . ~ ~ Please consider the environment before printing this e-mail. r- ~!I~<tY~T8~ eRA iiII1 East Side-West Side -Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 x I Consent Agenda I Old Business New Business I I Public Hearing Other SUBJECT: Approval of Funding up to $1,500 from the eommunity Meeting Grant Program to the Timothy FL202 ehapter of the International Masons and Eastern Star for their monthly community meetings. SUMMARY: On November 10, 2009 the Board approved the eommunity Meeting Grant Program. This program provides up to $1,500, on an annual basis, for eommunity Groups and HOAs, in the eRA District, to hold their meetings at a city facility. The Timothy FL202 ehapter of the International Masons and Eastern Star has submitted an application for funding for their monthly meetings, held the first and third Wednesday of each month (see attached Field Rental Form). They hold two meetings per month beginning in August and ending in November. The cost per meeting is $60.00 ($40 per hour x 1.5 hours). The total cost for the eight (8) meetings is $480.00 plus a $300.00 refundable "damage deposit". FISCAL IMPACT: $780.00 from Project Fund 02-58500-470 CRA PLAN, PROGRAM OR PROJECT: eommunity Meeting Grant Program (RE OMME~~IONS: Approve the application. 'vL 9 r isa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\Timothy FL 202 Chapter International Masons Community Meeting Grant.doc 4tece",@ .. l..30YNTONI1C. .RA.... ~ .3 F A C -H f\ .. .. --IfACH 5 _ East Side-West Side-Seas'lde Rena"lssance C"Lt BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMUNITY MEETING GRANT PROGRAM APPLICATION Date: !:""/-c 0cr/ (j Applicant lnformation Name of Community Group or HOA: :z;. -f3..rn.~ +Ion lY\~h5 T ~J 'd- lO z. Name and Title of Group Contact: -Yi (' jo J- 0, N 0 r(? v 5 - AddressofCommunityGrouporHOA 1!d.~*a~~C i 2(i:-~~~LDr, Address of Group Contact: n9.. Co ( AI. __ _ __~ ~ -" I ^ _b~ - - - ~1 <; .!J Phone Number: ,re" / - ~ 01- (fIe; 0 E-mail: j/r(krrJ.:>(P2~Yo.A.0..C.cr/A4 Location of Meeting: CCc.~ / 'J ^ ~.kd" /Yl_IL,,;>-;/;n:J Date Of Meeting: -tp; ; 15' f- if- 51- d {;J ~ j !>.:<. .svdo. 'J- .t6<""P ~ J u lyP -e CfM.,.b.. Hours of Meeting: /p/Yl ~ .~ ,( fCJ 'f1V\ . The applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Homeowners Association Grant Program, and it is true and complete to the best of the applicant(s) knowledge and belief. Applicant(s) understand that damages to any City facility cannot be reimbursed by the CRA and will be the sole responsibility of the applying community group or HOA APP~~ #2 ~~~~ Signature j(lJd~ /), !f~rf~ Print Name: Date: r/zt.t It.o/(JJ f r Applicant: ~~=-"""~-"~<-~'-~_._---- . Signature -----._--_.,._--,-~--"- Print Name' Date: -----"'..._-------_.,_.__._.,-._~'~~-~.._'~... Boynton Beach Community Redevelopment Agency Community Meeling Grant Application Reinstated November 10. 2009 /"" If- ~tII~<tY~T8~ eRA iIIi East Side-West Side-Seaside Renaissance 2009/2010 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMUNITY MEETING GRANT PROGRAM CUIDELINES AND APPLICATION PROCESS The following guidelines are Intended to define the extent and scope of the program. The purpose of the program Is to. provide financial .ssistance to comrrtunltygroups and homeowners associations (HOA's) located In the eRA District to pay the fees associated with utilizing City facilities for meetings. The following guidelines are applicable to this program: 1. The program is available only for community groups and HOA's located within the Community Redevelopment Area (see attached map). 2. In order to qualify, the community group or HOA must exist as an official legal entity via one or more of the following requirements: A. Registered with the State of Florida B. Official designation such as "incorporated" C. Non-profit status 3. Each group may select a preferred meeting space from the attached list of public facilities within the CRA District. Once Individual groups have selected a location they must complete the following process: A. Contact the preferred facility and confirm availability for meeting date and space. Ask for a Facility Use Application Form. B. Complete and return to the facility the Facility Use Application Form to hold meeting space. C. Submit the following materials to the Boynton Beach CRA by the 25th of the month prior to the CRA Board Meeting for review and approval by the CRA: a. Completed Community Meeting Grant Application b. Proof of official leg.I entity status with State of Florida c. Copy of completed Facility Use Application Form Boynton I.ach Cofnrtl\rily ~opmenI Agency Comnlunitv ~ Orenl.wa.uon RetnNled November 10; ioo9 D. Applications can be submitted to: Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 (561) 737-3256 Office Hours: Monday-Friday 8:30 AM to 5:00 PM E. Applications must be submitted and properly time stamped to document receipt by the CRA. F. Upon approval, appropriate grant program documents will be prepared in the CRA office and the applicant will be notified of approval. G. The CRA will pay the city directly for any associated facility use rental fees. 4. The maximum grant amount is $1,500 per community group or HOA annually. The total amount is to Include the cost of meeting space rental, as well as additional costs to cover a security deposit, staffing fee and janitorial fee (see attached facility use/rental priority and policies), 5. Applicants must be aware that damages to any city facility cannot be reimbursed by the eRA and will be the sole responsibility of the applying community group or HOA. 6. Applicants must be aware that this grant is not eligible for social events. Therefore, food and drinks cannot be served during funded meetings. 7. limited funding is available and will be provided on a first come. first approved basis. 8. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE eRA BOARD. Boynton INCh Commu'llIy R~ Agency ComIlU\lly M...... .....1 AppIIc:aIlon Reinstated NovemlMr 10, 2009 Boynton Beach eRA !!!!! ~) J/ "CI/.! "::!I Yoynton lMacn (;onvnundy I<tdeVtIOpmenI Agency Community Meeling GrMl~on Reinllllted NoWmbe< to, !009 I ... ... 1 I . . . . . .. I ~1 Ai' ), $1, ~~ ~ ;:1 I ~i ,'. fI>>. I .':' " 'CD ."" CD d '1'liO'o :::I m . 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M ! .. ! .". = = = I:z I>> N ..a. ..a. ~ ..a. ..a. en Co>> Co>> G) ..... ~ m:;;o ::s 0 0 UI 0 0 0 0 UI 0 ~ D. f ); .w r- FIELD RENTALF()RM ()NL'V ~I:CI:'''I::O CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT Facility/Field Use Application Form B ORG ANIZATIO N/INDIVIDUAL'. J/, _'//'!,J'.j"..'.',i,':li,fl,'...":'. ,'.', ,.' i.~rNTO~~AC~" j tf ' (~ '. '.' __" ,~:) .0.:ll.,j, l.", ,-1<..C j /1 Li) 7)1 \'"1 :~~ _.__"____ ' :"" -" .__) . - _ i t"/. . ~, -. Type: _Individual _ Bu~i~ess :----:- ~~~~~rofit_~, Other -----. .----..-"--- CONTACT PERSON (if organization) (Sr, 1/( c..j(j-;~ /V6.~:!.~~:~___._.___,________.-,_._ ADDRESS:2 4\ 1lY.1 fpc., JJv-\ L) J-I lie !<~ \-IJ) J 0/\ J\~i-) ic 'S(;y\\' City f Zip Code PHONE #'S: (HOME) C'Cr.:~1 t., (,;I'~\\//'-) 0 (WORK) ') f("; "(L/i \;;{ (CELL) C,;. () I'-()/~~() , 1. FACILITY/FIELD: G\h? let' ~;#)l tl,,~, (rv'l}..u-l' fZ.j'l" &-J\ ROOM:~_. ..---.-- -- , 2. REQUESTED DATE & TIME (please indicate a.m. oe 1/ OF PEOPLE' ~~ ::~:yUse ~:::s Iff ~ /)'~/"'~--_ ::~:: :::~~.~::-- '1~; Monthly: Day of Week . Start Date: I 0 End Date: OHours:. 3. SPECIAL INSTRUCTIONS (please use the "FACILlTY!i IELD PREPARATION REQUEST' form to detail special set up or maintenance requirements two weeks prior to event date) 4. PROGRAM INFORMATION (please chEJckall appropriate categories)' J/'~ Educational __. political..1LY::_ Religious .___ _.. Recreational ___ Private Function ~_ Meeting Other (please describe below) Fund-raising* Admission Fee*.__.__ Food/Drink Being Served ____ Food or Items Being Sold (list below) Please briefly describe type and purpose of, meeting and if the meeting is a fundraiser, list for 't'hom the funds are being raised: /}7..e ~ ,In Q...Q...l-~17 -n- .:..,./(:.-/.-.,4, LU ,....:1< Ul'l r"(J {'/{/I' --1"1, *? )?OC./Cj/Ool'lrJ Fo,n<ll /~ (//If'l;J' VJ/rA Cft-/e IceSLYO/lf.;j),/tfj -in '1-'-'R (oJ",J"'lUf'f,hA' I c., (7 *If your function involves fund-raising or an entry/admission fee, please list information requested below Projected Attendance: Gross Revenue: .______ Entry Fee/Team ..__ Entry Fee/Person I agree to comply with all "special considerations" listed on the facility/field use information form. SIGNATURE OF APPLICANT ,~~W~~:, Il#fro - /111-ljJ O' . FOR OFFIC : .?NP(1~1.1 /4I',.p:J/J Ji. ,Of) . .()o Approved FacIlity Fee: ..:IU--hrs x $dLL!hr = $ .... . 'tJ. '- Bill Code: NR_____ R__; NP __ Prv___ omm Field Use__ hrs x $__ .. /hr;: $__.__.______ Sub-Total Above ~ Sales Tax (6.5% of sub-total) $---.-, Staffing Fee:__ ilrs )( $35/hr s)."".____ r:ield Preparalion ($35/hr per person) Custodial ($50.$150 per event). Field Lights ilrs x $_ 11)[ Rejected (reason) Authorized by: Date: (Recreation Supervisor) Deposit Payment (Y> fees) $ _ Check # __ Date ---" Balance Payment $_ Check # _ Date_ (including Damage Deposit) Proof of Insurance Rec'd Or TULIP application & check forwarded to Risk _,,_ Date:_. Revised 7/24/08 Date: No tax charged for non-profit groups. MUST attach copy of tax exempt certificate for non.proflts TOTAL FEE $ ,.; ~:"~LH'__" RECEIVED . CITY OF BOYNTON BEACH JuN 0 4 ~~'" . . STANDARD HOLD HARMLESS AND INDEMNITY CLAUSE BOYNTON BEACH C.R.A. U d~i- V, JV~ r~s (Name of Lessee), Its Officers and Members shall, through the signing of this document by an authorized party or agent, indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit. loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or any act(s) or omissions of Lessee. ~~1?#e -. 1&_~#1Q,;~./- S-kr~a(o Signature of Representative Title Dc{te ~-Ior~~Q;'JOt / f. q- Ii M ~OJ\_ Ti/VVJllf 1 n!2 Name of Organizat~()ri Recreation & Parks Department Title Date ~a4~cc> DAMAGE DEPOSIT AGREEMENT _ (Name of Lessee), shall, through the signing of this document, agree to submit a "damage deposit" for use of a Boyn1on Beach Recreation and Parks Department facility ("facility") in the amount of $300. I understand that by signing this document and taking possession of the facility, I agree that the facility was in good, sanitary order, condition and repair, and with no defects of any sort, upon receipt. I understand that, as the Lessee, I am responsible that the facility will be returned to the City in the same good, sanitary order, condition and repair as delivered to the Lessee. I understand that if, for any reason, there is damage to the facility upon completion of the Lessee's use of the facility, and a City inspection of the facility is conducted, the damage deposit will not be refunded. I understand that should the City incur any costs or expenses for the clean-up of the facility following its use by the Lessee, these expenses will be deducted from the damage deposit and any additional charges will be the responsibility of the Lessee. As the Lessee, I also agree to complete any necessary clean up after the event, including the removal of any trash from the facility and its surrounding area, and removai of all personal items, including linens, chair covers, catering equipment, all left over food products, and/or disc jockey and band equipment prior to the Lessee's departure, as part of our fee waiver. I understand that no equipment or items of any kind brought into the facility can be left at the end of the event or stored at the facility either before or after the event per City of Boynton Beach Recreation and Parks Department Administrative Policy number 07-001. tt:~R.oa- ignature 0 Representative &-.f~~/'1o.J/OP1 ~cI-/J fr7 /J'1qfO/iS' Name of Organization &.r;-/Ylrql ~ Title 7; /Y'.ofA7 ~ e -0~% ate Lrx/3;JR- Recreation & Parks Department Tit!e Date Copies to: Lessee/Risk Management Revised 7/24108 W ~I Cl 0 0 ..J J: J: .... U 0 2 <! 0 w ::;: 0 I ~I >- :~u 0 W ",,1i >- -, l'~ iii w J: >- <! 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'I- e: o z .',: " \vww.sunbiz.org - Department of State Home Contact Us E-Filing Services Document Searches Forms Help Previous on Lis~ ti~&9J) List 8~tllmJ9J..,jst Entity Name Search i Submit i L ' No Events No Name History Detail by Entity Name Florida Non Profit Corporation THE INTERNATIONAL MASONS AND ORDER OF EASTERN STARS BUILDING AND CHARITABLE ASSOCIATION OF ST. PETERSBURG, INC Filing Information Document Number N96000000114 FEIIEIN Number 583136728 Date Filed 01/08/1996 State FL Status ACTIVE Principal Address 855 13TH AVENUE SOUTH ST. PETERSBURG FL 33701 Mailing Address 3500 28TH AVENUE S. ST.PETERSBURG FL 33711 Registered Agent Name & Address HAYES, CHRISTINE W 3500 28TH AVENUE S. ST. PETERSBURG FL 33711 US Name Changed: 11/12/1997 Address Changed: 11/12/1997 Officer/Director Detail Name & Address Title D KELLY, JAMES E 850 NEWTON AVENUE S. ST. PETERSBURG FL 33701 Title T HAYES, CHRISTINE W 3500 28TH AVENUE S. ST. PETERSBURG FL 33711 Title T DAVIS, THELMA 2425 HIGHLAND STREET S. ST. PETERSBURG FL 33701 Title T httn' / J'mn hiz.onr/scrints/cordet.exe?action=DETFIL&inq doc number=N96000000 114&i.. 7/8/2010 www.sunbiz.org - Department of State KITTLES, WILLIE T 2487 LYNN LAKE CIRCLE SO. SAINT PETERSBURG FL 33712 Annual Reports Report Year Filed Date 2008 08/25/2008 2009 04/27/2009 2010 03/14/2010 Document Images [ r [ [ [ I [ r [ [ [ [ 07/16/1998 -- ANNUAL REPORT [ 11/12/1997 -ANNUAL REPORT [ 01/08/1996 -- DOCUMENTS PRIOR TO 1997 [ 03/14/2010 - ANNUAL REPORT 04/27/2009 - ANNUAL REPORT 08/25/2008 - ANNUAL REPORT 09/06/2007 - ANNUAL REPORT 07/27/2006 - ANNUAL REPORT 04/13/2005 - ANNUAL REPORT 08/18/2004 - ANNUAL REPORT 09/11/2003 - ANNUAL REPORT OS/28/2002 - ANNUAL REPORT 05/18/2001 - ANNUAL REPORT 06/08/2000 -- ANNUAL REPORT 05/10/1999 -- ANNUAL REPORT View image in PDF fonnat View image in PDFfonnat View image in.PDF fonnat View ima98 in PDF fonnat View image in PDF tonnat View image. in PDF fonnat View image in PDF format View image in PDF fonnat View image in PDF tonnat View image in PDF fonnat View image in PDF fonnat View image in PDF fonnat View Image in PDF fonnat View image in PDF fonnat View image in PDF fonnat I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List Return To List No Events No Name History ] ] 1 ] ] 1 1 1 1 1 ] 1 1 ] 1 I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright@ and Privacy Policies State of Florida, Department of State Page 2 of2 Entity Name Search ". """"" """""""" I Submit I http://sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=N96000000 114&i... 7/8/2010 2010 NOT-FOR-PROFIT CORPORATIOI\I ANNUAL REPOR"' t7:ilED Malr 14" 2010 DOCUMENT# N96000000114 Secretar~1' of State Entity Name: THE INTERNATIONAL MASONS AND ORDER OF EASTERN STARS BUILDING AND CHARITABLE ASSOCIATION OF S1. PETERSBURG. INC Current Principal Place of Business: New Principal Place of Business: 855 13TH AVENUE SOUTH ST. PETERSBURG, FL 33701 Current Mailing Address: New Mailing Address: 3500 28TH AVENUE S. ST. PETERSBURG, FL 33711 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired (X) FEI Number: 58-3136728 Name and Address of New Registered Agent: Name and Address of Current Registered Agent: HAYES, CHRISTINE W 3500 28TH AVENUE S. ST. PETERSBURG, FL 33711 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: Date Tille: Name: Address: Clty-St-Zip: Tille: Name: Address: City-St-Zip: Tille: Name: Address: City-St-Zip: Title: Name: Address: City-st-Zip: D KELLY, JAMES E 850 NCWTON AVENUE S. ST. PETERSBURG, FL 33701 T HAYES, CHRISTINE W 3500 28TH AVENUE S. ST. PETERSBURG, FL 33711 T DAVIS, THELMA 2425 HIGHLAND STREET S. ST. PETERSBURG, FL 33701 T KITTLES, WILLIE T 2487 LYNN LAKE CIRCLE SO. SAINT PETERSBURG, FL 33712 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: WILLIE T. KITTLES Electronic Signature of Signing Officer or Director T 03/14/2010 Date IJtII~ctY~T2~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: July 13, 2010 I x I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Legal Bills related to CRA Staff Investigations SUMMARY: Attached legal bills relate to extra ordinary charges not under the purview of the CRA Director. CRA Counsel conferred directly with Board members on these activities. FISCAL IMPACT: $5,831.20 - Budget Line Item - 01-51420-201 CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Approve the attached legal bills. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\CRA Legal Bills related to investigations..doc (30REN. CHEROF DOODY & EZROI Attorneys at Lav\ 3099 East Commercial BoulevarG Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 BOYNTON BEACH CRA Att: Lisa Bright, Exe. Oir. 915 South Federal Hwy Boynton Beach FL 33435 General Matters 06/02/2010 AB JAC 06/03/2010 JAC 06/04/2010 JAC 06/07/2010 JAC 06/08/201 0 JAC 06/10/2010 JAC 06/11/2010 JAC 06/14/2010 JAC Review matter with JAC; Telephone call to Brent Taylor and Karen Kameron re: corrective deed. Review with A. Barboza status of transaction cases; review land swap cost issues; review Luchey per VB inquiry. Telephone call with Board member re: agenda and pending information request. Review agenda notice issue; telephone call to Chair re: meeting process. Weekly Meeting with Chair and Bright; follow up on business issue with Chair; research incentive options; review notice of swaped land; review agenda and prepare for meeting. Prepare for and attendance at Board meeting; review real estate issues with AB & Rachel Leach; telephone call with Mayor re agenda itemlWXEL. .L--- Telephone calls and review re: Suss records request: miscellaneous review of records issue and policies. Conference with Herb Suss and Chair re: 119 request; miscellaneous follow-up and research CRA/records issue; telephone call to Board Members re: same. Follow up email with Bright re: Suss 119 request; email Board and prepare. Page: 1 07/01/2010 ACCOUNT NO 70473R STATEMENT NO 48 HOURS o 30 ./ 070..... 0.40 0.20 210 ~ ~~~' / 520 120 1.90 120 'BOYNTON BEACH CRA General Matters 06/15/2010 JAC 06/16/2010 JAC AB 06/17/2010 JAC 06/18/2010 JAC 06/21/2010 JAC DJD Telephone call with Board member re: investigation; outline investigation issues; prepare and emails re: public records. Follow up calls with Chair and Board member re: records and land transfer issue. Revise corrective quit claim deed; Communications with FOOT re: execution of corrective deed. Review Bright emails re: Green and reply to Chair; review special meeting notice from TU; calls and email re: Suss records. Follow up calls and emails re: Suss records production; telephone call to AG's office re: Monday mediation call; follow up with Board Member; review demand email from Suss. Follow up re: records request; review Auburn sale/development agreement status; review NSP Agreement re: CRA obligations. Conference with Jim Cherof relative Purchase and Sale Agreement with Auburn Development. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF D.J. DOODY ANNABELLA BARBOZA RECAPITULATION HOURS 18.20 0.20 0.60 HOURLY RATE $195.00 195.00 195.00 COPYING COST TOTAL EXPENSES TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE. Page: 2 07/01/2010 ACCOUNT NO: 70473R STATEMENT NO: 48 HOURS 0.20 19.00 1.20 0.40 0.30 1.20 1.40 1.10 3,705.00 TOTAL $3,549.00 39.00 117.00 0.70 0.70 3,705.70 $3,705.70 GOREN CHEROF DOODY & FZROL Attorneys at Law 3099 East Commercial Boulevarc Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 BOYNTON BEACH CRA Att: Lisa Bright, Exe. Director 915 South Federal Highway Boynton Beach FL 33435 1Ft( t:. ._~".1 ~ J A1Y\ Bi h'NYOf\! '\ Electioneering Investigation 06/22/2010 SHB 06/23/2010 SHB JAC 06/25/2010 SHB JAC 06/29/2010 SHB 06/30/2010 SHB JAC Discuss investigative review matters with JAC; reviewed 6-8-10 CRA board meeting minutes re: direction to conduct investigation as to electioneering matters; telephone conference with attorney Quinn Johnson re: investigation; correspondence to Johnson re investigation. Follow up re: investigation as to electro nee ring matters. Review Holiday House issue and email; review 119 request (Suss) AG letter. Receipt and reviewed correspondence from JAC and Lisa Bright re: public records request; went to CRA office and reviewed documents complied in response to public records request Review Suss records; draft email re: same; review grievance/records issue and package from LB; call with Board members Correspondence to and from Lisa Bright re: investigation to be conducted by attorney Quinn Johnson; Discuss with JAC; Correspondence to and from Quinn Johnson re: backup materials; Sent signed retainer letter to Johnson. Follow up correspondence from and to Quinn Johnson re: investigation; telephone conference with Quinn Johnson re: contact with Commissioners for interviews; discuss with JAC; follow-up with Johnson; received fully executed retainer agreement from Johnson; correspondence to Commissioners advising of possible interviews with Johnson. Review pending issues; review Real Estate - Auburn - continued issues; calls re: IT/CRA backup improvements; follow-up re: Board transition and representation. ACCOUNT NO STATEMENT NO HOURS 2.50 0.30 0.30 2.30 1.60 160 1.20 1 10 Page: 1 07/01/2010 100466R 1 BOYNTON BEACH CRA Electioneering Investigation FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS 3.00 7.90 Page: 2 07/01/2010 ACCOUNT NO: 100466R STATEMENT NO: 1 HOURLY RATE $195.00 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE. HOURS 10.90 2,125.50 TOTAL $585.00 1,540.50 2,125.50 $2,125.50 ~~~'tY~T2~C RA iIIIi East Side-West S.,de-Seaside Renaissance eRA BOARD MEETING OF: July 13,2010 I Consent Agenda I Old Business I I New Business I I Public Hearing I X I Other SUBJECT: CRA Policing Activity Report for the Months of March, April, May and June, 2010 and District Stats for Months of February/March, March/April, April/May and May/June 2010. (Info. Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: February 2010: Crimes - 56 Arrests - 9 Calls for Service - 1318 March 2010: Crimes - 48 Arrests - 8 Calls for Service - 1499 March 2010: Crimes - 48 Arrests - 8 Calls for Service - 1499 April 2010: Crimes - 79 Arrests - 13 Calls for Service - 1530 April 2010: Crimes - 79 Arrests - 13 Calls for Service - 1530 Mav 2010: Crimes - 53 Arrests - 9 Calls for Service - 1240 Mav 2010: Crimes - 53 Arrests - 9 Calls for Service - 1240 June 2010: Crimes - 62 Arrests - 10 Calls for Service - 1445 FISCAL IMPACT: Cost budgeted in FY 2009-2010 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only MONTH: MARCH 2010 eRA Police Team MONTHLY ACTIVITY REPORT 03/02/2010 Hi ::-PtO~ded ~ty for the Small Bus1n~$ DevelOpm~nt .Program ro!tdpatT61With ~Us for'semce. }~ ~~Ued the ~k~CR.A District in velPcles. ; ... SijrVeillance at a ..get location along OCean Ave '; ~ RroVided secUrity at the eRA Movie Night Event along Ocean Ave F,'p Fin8:Dcial Plaza, and all , TN 1st Ave and Ocean Ave with our on going oporati()n Widt theCA T Team. 03/09/2010 ~,.1 gram of a aIT(lst ,:p.>~'" '- 'I' '::.,::y for forfeiture rijullna as well as .~~:I..ibt Finanoial Plaza, 300 NW 03/15/2010 03/22/10 03/29/2010 - Continued with our on going operation with the CAT Team - Surveillance at a target locations within the SE sector of the CRA District - Patrolled the HOB and the North Federal Highway Corridor in vehicles. _ Conducted traffic enforcement within the HOB and along the Federal Highway Corridor - Provided security for the Small Business Development Program - Assisted road patrol with calls for service. - Patrolled the entire CRA District in vehicles. - Surveillance at a target location along Ocean Ave - Provided security at the CRA Concert Night Event along Ocean Ave - Extra patrols at Boat Club Park, Intracoastal Park, Jaycee Park, Marina Village, First Financial Plaza, 300 NW I st Ave and Ocean Ave - Continued with our on going operation with the CAT Team - Surveillance at a target locations within the SE sector of the CRA District . Arrested W 1M for possession of drug paraphernalia . -Arrested W IF at 400 SE 21 st Ave for DWLS - Patrolled the HOB and the North Federal Highway Corridor in vehicles. - Conducted traffic enforcement within the HOB and along the Federal Highway Corridor - Provided security for the Small Business Development Program - Assisted road patrol with calls for service. - Patrolled the entire CRA District in vehicles. . Arrested BIM at 100 NW 4th Ave for fleeing and eluding, possession of 12 30MG Oxycodone pills with intent to sell, within 1000' of a church, and resisting arrest without violence. . Involved in a felony fleeing and eluding I accident with a black Jeep Cherokee. The driver is still at large. Recovered 5.9 grams of marijuana. One vehicle was seized for forfeiture . Arrested WIM at 500 N. Federal Highway for having an outstanding warrant - Surveillance at a target location within the SE sector - Extra patrols at Boat Club Park, Intracoastal Park, Jaycee Park, Marina Village, First Financial Plaza, 300 NW I st Ave and Ocean Ave - Continued with our on going operation with the CAT Team -Patrolled the HOB and the North Federal Highway Corridor in vehicles. - Conducted traffic enforcement within the HOB and along the Federal Highway Corridor - Provided security for the Small Business Development Program - Assisted road patrol with calls for service. - Patrolled the entire CRA District in vehicles . Arrested BIM at 130 NE 10th Ave for possession of an opened container of alcohol . Arrested BIM for possession of 3 ecstasy pills . Arrested W IF for having an outstanding warrant -Conducted undercover drug buys within the HOB . Recovered.4 ms of crack cocaine -Extra patrols at Boat Club Park, Intracoastal Park, Jaycee Park, Marina Village, First Financial Plaza, 300 NW I st Ave, 100 NW 10th Ave, and Ocean Ave - Provided security at the CRA Movie Night Event along Ocean Ave Misdemeanor Felony Citations Warrant Arrests Charges Filed Warrants Executed I TOTAL ARRESTS I~_- If2 -'1 ~7_ T--- [I[] Cocaine U~ Methamphetamines r~-- Marijuana ______~____ Heroin -[ . i Schedule II I 12__ Schedule 1Il I Schedule IV ______J _.~. Guns I Cash Vehicles ~ MONTH: APRIL 2010 eRA Police Team MONTHLY ACTIVITY REPORT 04/05/2010 intent to sell the scene of r!~ua~a ~d!5 g~ms of crack-cocaine. 04/12/2010 04/19/2010 04/25/2010 -Extra Patrols at Marina Village, 200blk NW IS1 Ave, KFC, 100 NE 4th Ave, 100NW 10th Ave -Provided security at the Carolyn Sims Center in ref to the Small Business Development Program . '.. Traffic enforcement within the CRA District. - Heavy patrol within the Heart of Boynton . Arrested individual at 400 NE 1 Oth Ave for resisting arrest without violence. . Arrested individual at 200 NE 11 th Ave for possession of a firearm by a convicted felon, possession of ammunition by a convicted felon, and driving while license suspended. . Arrested individual at 100 Ocean Parkway for obstruction. . Arrested individual for possession of drug paraphernalia at EZ Mart . Arrested individual at 100 NE 4th Ave for possession of an opened container of alcohol . Arrested individual at 800 NW 4th St for possession of 3 xanax pills. His car was taken for forfeiture. -Trafficerlforcement within the entire CRADistrict. ) - Assisted road patrol with calls for service + Controlled drug buys in the HOB (-(\s~isted Delray ~each Fplice Repartment with a narcotic buy bust. Location originated along the S. Federal . }Iighway Corridor. Recovered 20 baggies of heroin -Had narcotic search warrants signed by a judge at the WPB Court House - Executed a narcotics search warrant within the Heart of Boynton. . Arrested individual for possession of under 20 grams of marijuana, possession of.1 gram of crack- cocaine, possession of drug paraphernalia, resisting arrest without violence, two counts of sale of cocaine.2 grams, two counts of sale of cocaine within 1000' of a church, two counts of sale of cocaine within 1000' of a school -Extra PatroJs at Marina Village, 200blk NW 1 sl Ave, KFC, 100 NE 4th Ave, 100 NW 1 Oth Ave, all city parks in the CRA District, 100 NE 10th Ave, and Habitat for Humanity job sites - Patrolled the entire CRA District in vehicles. - Extra patrol at 200 NW 1 st Ave. - Traffic enforcement within the CRA District. . Arrested individual at 100 NE 11 th Ave for possession of a stolen handgun by a convicted felon, possession of ammunition by a convicted felon, and possession ofless than 20 grams of (.I gram) marijuana. One stolen gun recovered. . Arrested individual at 100 NE 11th Ave for DWLS - Assisted road patrol with calls for service. - Controlled drugs buy in the NE SectorfHeart of Boynton. . Recovered 11 grams of marijuana. . Recovered .4 grams of crack-cocaine - Filed arrest warrants for two individuals for two counts of sale of cocaine each. 4CF - Numerous extra patrols throughout the day at 200 SW 1 sl Ave -More narcotic search warrants signed by a judge at the WPB Court House -Executed a narcotic search warrant on East MIk. . Recovered.4 gr~ms ()fmarijuana and 2.2 grams of crack-cocaine. . Arrest warrants will be soon to follow ..Wi~pt~~~i~tance ofBBPD SWAT, PBSO Viqlent Crimes Task Force,. and ATF, executed a search warrant in ~theNES~ot.of~e City. .R.ecPVeredtwo uns, ammunition, 152. roms oflDari'uana,.3 rams of crack-'cocaine, and one car. . Arrested individual at the above address for possession of the marijuana with intent . Arrest warrants will be filed on another for possession with intent and CCF -Extra patrols at Marina Village, Boat Club Park, Intracoastal Park, Jaycee Park, and Sara Sims Park. -Provided security at the "Movies on the Ave" Event j,., ('.1/1 ('OI1/ra/JUI/(( I- orlcl/lIrCI Misdemeanor Felony Citations Warrant Arrests Charges Filed Warrants Executed I TOTAL ARRESTS \24 20 ~- 9 3 OIJ Cocaine ~ Methamphetamines i-- Marijuana 1172.8 Heroin Schedule II Schedule III Schedule IV Guns Cash Vehicles I ~,210 17 I~ eRA Police Team MONTHLY ACTIVITY REPORT I-~------- MONTH: MAY 2010 05/03/2010 1 It Ave,KFc, 100 NE 4th Ave, ve $itU~ Q~~er In ref to the Sm~llB~$ipeS$ beve~pmeQ.t Program r J\s$~wtthm~*~jgb~ ~nOcean Ave. - Worj~dattheMayor'sChl1lqe on Ocean Ave. 05/10/2010 - Traffic enforcement within the CRA District. ~ lJeavy patrol within the Heart of Boynton ~ Traffic .nforcet)ieM withintlte entire eRA District. - Assisted road J>>itrol with calls for service ~ Otijeers ~sed out ~1llD)"ity concern cards ;. Officers s1000by duting the eRA Board meeting i .. ~9 ajWJ. ~$!).~~ :_eb,~ mre(ere~ to our oontf()n~ drug buys north ofthe CRA District l~~lD widUo.the HOD as well as S; F~ Higbway , , X "IR'~l.t,,"iII'"'. 'V~,H~;"...~' .,' ~~t@:"f,~~,~.: .,.,,,,,~~~.~, Ist:Ave,~FC, 'lQtt~!!Iot4 Ave, l00Nw IOtIl Ave ~ProV4ted sec,,~1,8ti'.~:;CWOl . 'SilQs ~;.. . ,ref to thesmatl8~ {)eve. . ment ~ . . .'" .... .~,~~.:r ....1.,....." "I' .~ .. ,"" "." III . '.'" ,,' ,,' .1.,' ',' P. +...~l:>"-.. ~PtO\1j4fd~~W~...I~~~S on_~W~Bvmt 05/17/2010 :.; Traftic enfor",,'Q1~ ~:lhe etltiItii~ Pistflct. L.,;,..:....Ji,dil.li~';.~l :...:i.... "1i:0~ ..~;tJi.- '!;":~"~~!~'M~. ~!~~~~v.~~we OS/24/2010 05/31/2010 - Controlled drug buys in the HOB -Passed out Community Concern Cards to businesses along Federal Highway south of Woolbright Road -Provided security for the Ocean Ave Concert series -Provided security at the Carolyn Sims Center in refto the Small Business Development Program -Extra Patrols at Marina Village, 200blk NW 1st Ave, KFC, 100 NE 4th Ave, 100 NW lOth Ave, all city parks in the CRA District, 100 NE 10th Ave, and Habitat for Humanity job sites - Patrolled the entire CRA District in vehicles. - Extra patrol at 200 NW I st Ave. - Traffic enforcement within the CRA District. - Assisted road patrol with calls for service. - Controlled drugs buy in the NE Sector/Heart of Boynton. - Conducted two buy busts, one within the Heart of Boynton and one along East Ocean Avenue. -Provided security at the Carolyn Sims Center in ref to the Small Business Development Program -Extra patrols at Marina Village, Boat Club and Intracoastal Parks, Jaycee Park, Isles, Boat Club Park, Ocean Ave. Bridge, Seacrest Villas, 100 NE 3'd and 4th Ave, 100 NW 10th Ave, Pence Park, the CRA - Patrolled the entire CRA District in vehicles. - Surveillance at two target locations along the S. Federal Highway Corridor - Traffic enforcement within the CRA District. - Assisted road patrol with apprehending a burglar as well as other calls for service -Provided security at the Carolyn Sims Center in refto the Small Business Development Program - Extra patrols at Seacrest Villas, Marina Village, Boat Club Park, Seacrest Villas, 100 NE 3'd and 4th Ave, 100 NW 10th Ave, Pence Park, the CRA Office, and Intracoastal Park. -All CRA Officers attended mandatory driver training at the PBSO facility -Provided security for "Movies on the Ave" JII ('.\1\ ('()II'ruhulld I (ilIL'11/11 L'I Mis'tneanor Feloi)y CitatiQns Wariint Arrests Chatges Filed Wamnts Executed I TOTAL ARRESTS L1L.. r~ ~ I IJU Cocaine ~~__ Methamphetamines r--- Marijuana /169.9 Heroin Schedule II 56 Schedule 111 Schedule IV Guns Cash 11,519.00 Vehicles 3 12 MONTH: JUNE 2010 ~------~--~------l eRA Police Team MONTHLY ACTIVITY REPORT L 06/06/2010 ;~!AVe~'KFC::. I OONEi4\b Ave, e 't!<etogram or fdad, Stahlp fr,juld and '\,Stlii!tp fta'ud and scheme to ,'for'foOd stlmiphud, .grandtheft~ and scHeme to 06/14/2010 - tareelilemlwittmIitl'le~-GRj~J:)iJtrict. . ~ AS~iSted: rolidttpa'i0M\~itb!iClillS1fdt!serYice:to:~ loca:tmgaJiotd~i-UivasiotU~1.lrglary suspect . .-- ',-'- ,-':":"") :-', ',','" , . " ' -' -: '. '-,' - ., .'- -"':'" '()ut eo1Dri\m\ity!e:orlcijM 'cams IF~' Officers stood by duritlg the eRA Board meeting ,. ~: b.dtd a Crime Prevention meetmg,'atLas.Verltatms .' '. 'Uimc~ at bas VentattllS'ID: ref to. ames " 06/22/20 J 0 06/29/20 J 0 -Extra Patrols at Marina Village, 200blk NW 1st Ave, KFC, 100 NE4th Ave, 100NW 10th Ave -Provided security at the Carolyn Sims Center in ref to the Small Business Development Program - Conducted a reverse prostitution operation along the S. Federal Highway Corridor. -Arrested 8 people for solicitation of prostitution, one for possession of.l gram of marijuana, and two for sale of schedule 11 narcotic (3 Oxycodone pills) during a Prostitution Reversal Operation - Traffic enforcement within the CRA District. - Heavy patrol within the Heart of Boynton - Assisted road patrol with calls for service - Controlled drug buys in the HOB -Saturation along the South Federal Highway Corridor . Arrested WIM for COV x 2 . Arrested WIM for COV x 2 -Assisted D-Bureau in identifying a burglary suspect who is responsible for numerous burglaries along the South Federal Highway Corridor -Congucted surveillance on two target locations in the SE Sector of the City ref to narcotics complaints -Assisted D-Bureau in locating a person involved in an Agg Batt w/ Deadly weapon against a pregnant person -Conducted 2 Drug Buy-Busts · Arrested for Poss w/intent to sell cocaine and tampering · Arrested for Sale of Cocaine w/i 1000' of park, poss of cocaine and poss ofmj -Provided security at the Carolyn Sims Center in ref to the Small Business Development Program -Extra Patrols at Marina Village, 200blk NW I st Ave, KFC, 100 NE 4th Ave, 100 NW lOth Ave, all city parks in the CRA District, 100 NE 10th Ave, and Habitat for Humanity job sites - Patrolled the entire CRA District in vehicles - Traffic enforcement within the CRA District. - Assisted road patrol with calls for service. - Controlled drugs buy in the NE Sector/Heart of Boynton. - Conducted a buy bust with the use of a CI at Pelican Point. · Arrested for trafficking 40 oxycodone pills. 1 F I C · Arrested for trafficking 40 oxycodone pills. I F I C - Conducted two buy busts, one within the Heart of Boynton and one along East Ocean Avenue. - Undercover surveillance at Jaycee Park. · Arrested W/F atJaycee Park for sale of.3 grams of cocaine. IF IC - Conducted a controlled drug buy at 1300 N. Federal Highway. · Arrested BIM Jeremy Kirkwood for sale of .3 grams of crack-cocaine, tampering with evidence, resisting arrest with violence and resisting arrest without violence. . -Provided security at the Carolyn Sims Center in ref to the Small Business Development Program -Extra atrols at Marina Villa e, Boat Club and Intracoastal Parks, Ja cee Park, Isles, Boat Club Park, Ocean Boynton Beach Police Department Year-to-Date Crime Comparison Report 2009 1 2010 CRA District MARCH 2010 CRIMES Mar-10 Mar-09 + 1- Feb-10 + 1- Y-T-D Y-T-D + 1- 2010 2009 Criminal Homicide 0 0 0 0 0 0 0 0 Sexual Offense 0 0 0 0 0 0 1 -1 Robbery 7 3 4 4 3 15 11 4 Aaaravated Assault 6 5 1 4 2 13 20 -7 Buralarv 12 10 2 11 1 34 36 -2 Larcenv 23 46 -23 35 -12 91 104 -13 Auto theft ' 0 6 -6 2 -2 2 8 -6 TOTAL 48 70 -22 56 -8 155 180 -25 CLEARED BV ARREST Mar-10 Mar-09 + 1- Feb-10 + 1- Y-T-D Y-T-D + 1- 2010 2009 Crimln.' Homicide 0 0 0 0 0 0 0 0 SeKualOffense 0 0 0 0 0 0 1 -1 Robbery 1 1 0 2 -1 4 4 0 A....v.... Aleault 1 1 0 2 -1 5 8 -3 1 1 0 0 1 4 6 -2 Larceny 5 8 -3 4 1 14 21 -7 A.:.... 0 1 -1 1 -1 1 1 0 TOTAL 8 12 -4 9 -1 28 41 -13 Mar-10 Mar-09 + 1- Feb-10 + 1- 1499 1594 -95 1318 181 4483 -291 7/7/2010 Boynton Beach Police Department Year-To-Date Crime Comparison Report 2009 , 2010 CRA District APRIL 2010 CRIMES Apr-10 Apr-09 +, - Mar-10 + ,- Y-T-D Y-T-D + I - 2010 2009 Criminal Homicide 0 0 0 0 0 0 0 0 Sexual Offense 0 0 0 0 0 0 3 -3 Robbery 4 2 2 7 -3 19 13 6 Aggravated Assault 7 7 0 6 1 21 29 -8 Burglary 19 20 -1 12 7 55 60 -5 Larceny 44 42 2 23 21 137 151 -14 Auto theft 5 1 4 0 5 7 9 -2 TOTAL 79 72 7 48 31 239 265 -26 cltrm.'..lllJ(tIl, Apr-10 Apr-09 , Mar-10 , Y-T-D Y-T-D , + - + - 2010 2009 + - 0 0 0 0 0 0 0 0 ',Qllua. 0 0 0 0 0 0 0 0 1 1 0 1 0 5 6 -1 1 1 0 1 0 6 15 -9 3 0 3 1 2 7 7 0 I. 8 12 -4 5 3 22 34 -12 , . " 0 0 0 0 0 1 4 -3 13 14 -1 8 5 41 66 -25 ,pll". 11I1.. Mar-10 + ,- 1530 1584 -54 1499 31 -345 7/6/2010 Boynton Beach Police Department Year-To-Date Crime Comparison Report 2009 I 2010 CRA District MAY 2010 CRIMES May-10 May-09 + 1- Apr-10 + 1- Y-T-O Y-T-O + 1- 2010 2009 Criminal Homicide 0 0 0 0 0 0 0 0 Sexual Offense 0 0 0 0 0 0 3 -3 Robbery 6 6 0 4 2 25 19 6 Aggravated Assault 6 11 -5 7 -1 27 40 -13 Burglary 7 9 -2 19 -12 61 69 -8 Larcenv 31 22 9 44 -13 170 173 -3 Auto theft 3 2 1 5 -2 10 11 -1 TOTAL 53 50 3 79 -26 293 315 -22 CLEARED BY ARREST May-10 May-09 + 1- Apr-10 + 1- Y-T-O Y-T-O + 1- 2010 2009 Crimlftal..MomIckIe 0 0 0 0 0 0 0 0 s.......... 0 0 0 0 0 0 0 0 1- ... 2 0 2 1 1 7 6 1 - ....It 2 7 -5 1 1 8 22 -14 Bundat:v 1 2 -1 3 -2 8 9 -1 II 4 8 -4 8 -4 26 42 -16 '. ~ 0 2 -2 0 0 2 6 -4 9 19 -10 13 -4 51 85 -34 May-09 + 1- Apr-10 + 1- 1240 1578 -338 1530 -290 -581 7/6/2010 Boynton Beach Police Department Year-to-Date Crime Comparison Report 2009 1 2010 CRA District JUNE 2010 CRIMES Jun-10 Jun-09 + 1- May-10 + 1 - Y-T-O V-T-O + I - 2010 2009 Criminal Homicide 0 1 -1 0 0 0 1 -1 Sexual Offense 0 0 0 0 0 0 3 -3 Robbery 2 2 0 6 -4 27 21 6 Aggravated Assault 6 8 -2 6 0 33 48 -15 Burglary 25 19 6 7 18 85 88 -3 Larceny 28 36 -8 31 -3 199 209 -10 Auto theft 1 4 -3 3 -2 11 15 -4 TOTAL 62 70 -8 53 9 355 385 -30 cLEARlSDIY .-.....,. 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'-0 o - o N -..... - - -..... '-0 l-< c.S l-< (\) ]c'd ~ "E o (\) ~+-' ~~ ,.s::: (\) Eo-< ;g l-< c.S "E UJ (\) 'a)_Eo-< -CliO 'S ~ ..... ';as_ ~-<8~ +-' .~ 8 > ~ (\) 0 .: o...su~ I co I l-< c.S l-< ~;EJ (\) ..... - +-' ~ @ ~ o (\) ~.D ~cS ,.s::: Eo-< C) ..... :g ~~ r--- r--- M C""l I C""l M r--- -E ~ .E ,.s::: u 0 +-' ,..., UJ ..... ..... +-' CI) g< (\) ;;:""o::l "t:;l ..... l-< (\) ~ o::l Ea C) ,.s::: !:: ::8 u 0 ..... CIi ;> UJ "t:;l UJ !:: (\) ..... ::8 ..... ~ ....:! l-< l-< (\) (\) :t:: :t:: (\) (\) ....:! ....:! 0 0 ,....... ,....... 0 0 ~ ~ 00 ~ ,....... C""l -- -- \0 \0 ~ Habitat " , , for Humanity@ of South Palm Beach County r Board Officers Steve Echols. President Tbealrics of lake Worth Dave Adams. Vice President Adanls Insurnncc Services. l.LC L Diana IIilcman, SecretaI)' Ruthcrfoid Mulhall, P.A Board ofDlredors Peter Blacl:loclc Ruden McClosky Dan Castrillon The Scirocco Group Rev. CLm:nce Ellington SI. Paul A.M.E. ChurCh Hill Fagin B&T Asset Management Rick Howard Sklar Furnishings r -dy \jams etired; Palm Beach Cty. Schools Mike Owen Coldwcll Banker Realty Douglas Parker McGulick Pool Installation Michael Rosenberg Louis Spagnuolo WCS Lending LLC Robin Williams Palmetto Park Title Company Tax 10: 65-0307017 www.habitatsouthpahnbeach.org r..... 181 S.E. 5th Avenue Delray Beach, FL 33483 561-819-6070 Fax: 561-819-0173 www.habitatsouthpalmbeach.org March 12, 2010 Lisa Bright Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Dear Lisa, THANK YOU!! On behalf of the Board of Directors, our Staff, and especially the partner families of Habitat for Humanity of South Palm 13each County, Inc., I would like to thank you for supporting our Collegiate Challenge by sponsoring it for the -students! Your donation made the event especially nice for the students. Below is a picture taken on one of the jobsites on March 1 - the students have been making a lot of progress on the homes! We appreciate the support and good will of our neighbots in our effort to provide affordable housing in our communities. Chartered in 1991, Habitat for Humanity South Palm Beach County supports the communities of Boca Raton, Delray Beach, /llld Boynton Beach, Florida. Eighty new homes have been completed to date, representing housing for over 300 adults and children. The security and stability that our partners gain from owning their own homes is made possible by support like yours, and, with your help, we will continue to accomplish great things in our community~ For tax purposes, we would like to state that no goods or services were given to you as a result ofthe donation. Again, thank you! Sincerely yours, Q{~ Gina Graves Development Director HEART OF BOYNTO COMMUNITY ASSOOA TION. INC. GERTRUDE SUWVAN PRESIOENT Willie Aiken VICE PRESIDENT Pam Thomoson-Elder SECRETARY Committee Members Dr. Martha Meek-Light Ever/ene Baker Doris Jackson Elizabeth Jenkins Bro. Victor Norfus 1ro/ Mahoney Heart of Boynton Community Association, Ine AU: Gertrude Sullivan 201 NE 6th Ave. Boynton beach, FL 33435 FEI/EIN Number: 800299557 Phone: 561-732-1205 Ernal!: gertsull@aol.com 9ikt1~~~~ Lisa Bright, CRA Director City of Boynton Beach 915 S Federal Hwy Boynton Beach, Fl 33435 Re: Your participation in the Heritage Celebration 2010 Dear Lisa and the entire CRA: On behalf of myself and the Heart of Boynton Community Association Heritage Committee, we would like to take this opportunity to thank you for allowing us the use of eRA property for this very special 2010 Heritage Celebration and for your generosity in helping us make this event the success it was. Your dedication to our functions enables us to continue to be involved with the community and to recognize the positive future we envision. Again, thank you for your support as we strive to make Boynton Beach a better place to live as we continue to make a difference in our communities. Sincerely, Gertrude Sullivan, President " BOYNTON BEACH BOAT RENfALS, INC. "";/\;~ 1 ,I l \ 1\i 10: B O'fN"TO t\J BE A CH C. R.A. lJ M"R.tGLO JU(I~EI11 OWNE~ OF ~O'f^'-rt)/\J P>Gl\cH BoAT REfVfALS 1\ N 0 fEN ANT ~ r P.J 0 'I tit r 0 N H A 1\ ~o It M A f\ I N A FO ~ i tt t L&.s'r f? 'fEI'tP-.<;: WO\J{.() tl\<E fO (ot\lc;f\(\iUl~ftTE THE S'TltJ::P of TH\; BO~N10N (1l:;AcH C. ({. Pt f:oP, THf: GReAr tf1tRoveMENTs 'flil\T f\A.e ~~'iNG l\orvl: TO oufl- tlf\(\iNA ANt) THhNk FoR \<ee~IN6 M'i ~IJSINl=;>$ f\S tM\t OF Tt\\S AVvE~~H[; f)f;VE:LO~Mf..AiG \rJ\cl-\ I\lLOW5 LoCAl- ~eS\Oe{\J1 s (\1110 vi~iTol\.s A CHANcE Of t=(\}')()'iiNb ~()AliN& tAl oUt>. AP.EA. 1\ S 1111 S (i) fleAr M f\ 1\.; 1'1 f\ /\/II1l €OlNQ \w 0 F 0 U (l. (ou1VT/l. 'I rJ.lr40U E S/ t WoULf) L'\K~ to ll:fl~E (\t\ln 6XT(.I.A(t) ~oliT S;l.iP, f\Ol>1T10tVAL fo THE?:> €1o(tT. S:l-'iPS1"",. 1: 1\(.. ftG Af)''' HAVE UNtlf; A. (ON"TA/KT I r\fVO t~G ~fi,LtrO Of~ER HoRE ~o(t\s rei BE f\ENTEt> fHJ() GN,IOVEf) f~ 'i T H I: (9 G N e P-.f\ L. P 0 &~\( ,\1 ft T f) () E S NOT 0 \Ai N ^ BoA T () p. 'i 5' 0\JS T \I \ s I r\ rv & OU f.>. (\ p.EA . ~LEASi; TA\<.& ~reUAl. (ON~iOf:: RAT\Orv ()1V1H'i~ R€~UES"T ItN() VoU \1-JilL I4A\IE H\.f P(\Of1\~E ,OF K&EF'iN& 1>4~ ~U$iNESS jf\! TUNE wrrH I\LL \/oOP. r-vTUltl: f>LflrNS OF MAl<tN& TH.; 5 rr::.o'{)fRT'1 f\ e\bAtJTiF/ll.t, N.(HE w~~G E\!EP-votvt; CAN HAvE f\cC€SS TO (jO'f^,iOWJ~ 6diGIt/EST (~OftH f'l b GROUND) v 1'/.\ ~ N K "0 \J t l I; Ifrt~ t}t.... p ~ e 5 () :~I J J. I ~D f () (561) 73~~~~~ress: 700 :asa Lorna Boulevard, Boynton Beach, FL 33435 (561) 585-6803 · Fax (561) 641-9188 Ch.1irman Trullee Com~nies Bethesda Memorial Hospital Compson Associates, Inc.! Renaissance Commons Donaid K. Porges, CPA, He Ellie's SO's Diner &: Catering Florida Power" Light CO. JFK Medical Center JMWA Architects PollIO Be"ch Community Bank TO Bank The Palm Buch Post 2010 Boud of Directors Chairman of thr Board James Williams, /MWA Arcllill'Cts 2011 Chair Elect Michael Bottcher, Ill!' I'I/fstridg~ 1"5I1ral/C( Agf'llcy Immedl"te Past Chair James HBuck" Buch.1nan, 1111' Tomorrow COIIHutiol/ Directon Carole Aronson, C aroll' Aro"so", l'" Calvin Cearh'y, Palm Bl'llcll Commll"ity Bal/~. Del'on Cout;hlan. C'lJ/flid Sollltiotls Roberl D' Angt>lo, CO(/lI'SOll Assoriatl's, ll/d RI'I/aissallc~ COII"tlOIIS Rol>t'rl Depace, 11) Balik NdllCY Ernst, BallkUllill'.1 Rosie Fedey, Class SaIl'S Dl'l1l'lopmmt Co'1" Glenis Green, A Classic Residrtlu by HYlltt tit Laktsiolt'VillaSI' Jim Guilbeault, Util"S 50's Dillt'r & Cal,'rill,1: Ken l.assil!'... COnWRA William M.urilrd, CYPrl!SS Cruk Co,,,,try ClII" t\ larit' N l'She /f'K Mt',lknl Ct'tltl'rlWOImd M.lI/agl'(/Irtlt Tony Ne\\'oold, flori,/lI Powl'r (-l.iSlll Co. Jonathan Porges 1)0"111.1 1<. Porgl'S, CPIt He Rob SHill, GRT Ad Sen';"l's April SWilnson, 11ll' Pal", Bt'ncl, Post Robert B. Taylor, Jr., B..tJ'l'sd" Ml'ItlOrinl Hospil," Elliott WlUiams, Co"m"",ictltiolls Rtsollrc( M'lI/ageI/lNlt, Corp. Glenn P. JetgenSt'n, Prtsident & CEO Greater BOYllto/l B"nc1, Chtl",b"r of Commerce W THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE March 11,2010 1.1N. ~I ,uU Ms. Lisa Bright Boynton Beach Community Redevelopment Agency 915 So. Federal Hwy. Boynton Beach, FL 33435 Dear Lisa, I wanted to personally thank you for making "Back in the Black", the 2010 Annual Board of Directors Dinner Dance such a great success by participating at the CEO spo1lsorship level. Continued support from businesses like yours helps us to continue providing the services and support to local area chamber businesses. Lisa, we understand there are many organizations that are asking you to participate in their events and we are pleased that you have chosen the Boynton Beach Chamber as one of those organizations. 100% of the monies raised will directly benefit the Chamber in continuing to provide a myriad of services to our members as well as the greater Boynton Beach community Once again, thank you for your company's support this year. We look forward to working with you in the future and invite you to participate in other Chamber efforts that are of special interest to you. Together we will make a difference in shaping our community's future! Thanks for your continued support to the Chamber. IlllllJ N CO/llJn:s~ Aw.. Ste. 106. Ilnynlonlkoch. II. .U-I26 - 1'. (561) H2-950l F (561) 7.~-1-1.~().t Emai!: Chamlx'f{'>"Imynlunlkach.orj: . We" Sile: IVww.Unynlonl!..':Il'h.orj: iii Page 1 of 1 Simon, Michael From: Simon, Michael Sent: Monday, Apnl26, 20102:52 PM To: 'muralsandmore@Comcast.net' Cc: Brooks, VIVian; Walsh, Margee Subject: eRA website question Good afternoon Mr. Ianniello: Regarding your questions (below) about the mural at the new Beachcomber Gallery location, the CRA has D2lreceived a Commercial Fa~de application from the building owner or the tenant. The mural being painted on the exterior of the building is not receMng any CRA grant assistance. First name: John Last name: Ianniello Title: Artist Company: Murals And More Address: 10617 Tropical Breeze lane City: Boynton Beach State: Florida Zip: 33437 Telephone: 5616321419 Fax: 5617523807 Smail address: muralsandmore@comcast.net Question/request: As an artist and Boynton beach resident, I would like to know if the new mural by Judy Dempsey at Beachcomber's on US1 is a private contract or will the owner of Beachcomber's be re-embursed 50% of the price of the mural through the CRA'. grant program? Also, if it is publio reoord, what was the price of the mural? Did two other artists submit proposals to the board before it was decided to go with Judy Dempsey? Are you a resident of Boynton Beach? Yes Do you own a business in Boynton Beach? Yes Are you an investor or developer interested in redevelopment opportunities in Boynton Beach? No Put me on your email list for future news and updates: Yes Respectfully, Michael Simon Development Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Off-(561) 737-3256 Fax-(561) 737-3258 4/29/2010 tI'; ~c.... ~,,\\V ~" b\?J ~ (' lDonoaConicri 479 ~1OIl Bay_Cir. "6 Boynloo BcadI, fL 33435 fl /.. ;t S" J "~";;;. .5 7 w~~ CfJJc r;;~ AL.' ;Z~ ~~ ~~ ~-~~., ~ ~~ ~ ~ ;tA;~7 ~~ g~ ~.v-~~' ~~ ~J dd ~ A.L~tZ-/ C'~ ~~. tJ-71.~ ~ r~' ~~?~ a. ~... ~ d..~ ~ eL ~ ~ - 9. to'....<.. ~"..L~ ~. ~~ ~~ ~ c;c:,1.4. ~ ~ ~ A~h,,"~ "-;-1/ ~ ~ ~ ....J . ~~. -h<.L ~ ~ ~ ~ ~;t J~ ~ -??1.-~' ~~r/ ;;;b d---{--':4....~ ~~ ~:?~~~. . ~. j--~) ~~'c:~! ~-7~ I r. ..' d.:.:.J ~,~l> ~~~'tY~T2~rCRA ill East Side-West S,de-Seaside Renaissance May 3,2010 Donna Corrieri 479 Boynton Bay Cir. # 6 Boynton Beach, FL 33435 RE: Trolley Service Dear Ms. Corrieri: Thank you for contacting the Boynton Beach Community Redevelopment Agency (CRA). We appreciate your interest in the CRA's free trolley program. At this time, the trolley service has not been cancelled, and there Is no discussion of cancelling the North Route (which provides service to the area immediately surrounding your property). Enclosed you will find a trolley schedule, which provides times and locations of the trolley pick-up/drop-offs. eRA staff will keep your letter on file, as reference for trolley service, during budget discussions for next year. In the interim, please be sure to visit our website to learn about opportunities available to you as a Boynton Beach resident, such as free special events, at www.bovntonbeachcra.com. Thank you for your time and we look forward to your participation in one of our upcoming special eventsl Sincerely, ~ C. &~t Lisa A. Bright eRA Executive Director 915 South Federal Highway Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com linl .,"-,......_,---.-..:-.;;;.,*" ~'f" ., r . . ....Ie '. , ~ ---........ j m f " CI !~ :I~ & ij ~! ~ ~E~ .8 W m Q. t- "0 ~~: ~ ~ ~E .M ~ "0<<5 ~ o &:10 5 z.2!: ~ :: co,.... ~ ~ 0::: f :,. . 'V a: f m :2 o ~ I North ~ ~ Trolley Schedule For Trolley Service Comments call: 561-838-9511 Advertising Opportunities call: 561-961-1152 EASTBOUND TO THE WATERFRONT WEEKDAYS 7:07 AM - 6:25 PM ....--......,. 01 ....Co)N........N ..OC3~ Ill......... j BIUliUhs 'j.talii~ .... .......... 01 ......CO)~........N ~""'R 01......... t jj i: >> ti I ihc ".!s: Ii I:;S ".--.~ 01 01... Co) ... ... ... .1.... .... ... ... all......... .. ~ '.' ~A 11'" H '.' ..' .... ~.... ~... ". ..' TO..... & .Q alia a;; .Q O=.J: 12::3 ~._-........ ~ ~Q;~_~JJ~i~;lla . .......a:........ tn tn'" W .... .... ..... .., ... .... C3 1ft .... "" ..... .. .. 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"" "'::q~ c;. .... .... fj .~.i& .~. .a.I.~ j a ii en (It........w.......... ~;:t ~ it !'R-.... ~ t t ~ wi I: iht~ I~ 8: ii (l) .",......~... M "" .... ::t~ g M. ., ~ia ~ t;t sit IS i ;.1 ~~ ~.Cor;~~ 6lt;,~ ~ ~ ~~ ~~ ~~ ',4', ~ o/~ ~~ , ~M , (~ " , ~:') ~ ~~I) 11'~ ~'" ~~~, "~~~1c>. cf~~ ~..'" "- V/~ rI of ~ ~'66> ~~ "1~ ~O/ ,~ ~t' ~' ~:~ ~ ee<9~ ~~. ~~~ ~~'6 4_~'" ~~ ,,-, www.boyntonbeachtroUey.com Trolley follows Time & Current Temperature. Call 561-832-3801 to set your watch. ~~ ~,' ~~, ~~ ~q.;~ ~, ~ ~, , ~, ~4' ~~ ~<f ~ ~T6"~ ~~10. ~ ~ cr~ ~<t " '" ~~, , " " ~, ~ ,) ~~ ~' ~, ~~ ~~~~ ~ ~~ ~~ '\;~ /. ~ ..,0 ~ \~ q-1' \~ t} C;t('fb-~~ t ....""...1 J" ,..' ".- ,'. , . :<~ . Inna Navarrte 131 S Date Palm Drive Lantana, Florida 33432 ~;}~JI " /.' '': " 'if t/., )...:;, :.,I...~ " f rJ/.. April 22, 2010 Town Hall lOOBoynton Beach Blvd. Boynton Beach, Florida 33462 To whom it may concern: Please do not discontinue the free trolley service to Boynton Bay Apartments and the sulTounding areas. 1 personally rely upon (his as well as the bus service lO go to work. I have several clients in Boynton Bay Apftrtmenu~ who are disabled and who are dependent upon me to assist them in housekeeping and other home services. There arc many rolks who are residents in Boynton Bay who cannot afford aulon1obilcs. or whose physical challenges prohibit them from driving. and they are dependent upon the trolley for grocery shoppingl to get to their pharmacy's or just to get out for recreational purposes, Loss of this service may adversely affect so many dependent individuals, myself included. I hope this fettel' brings about awareness of the need this service provides to this unique neigbborhood. Yours truly, \/~ f'r:.~ Inna Navan'ete 9-' .---.-- - '=-" ~ I_~ ;~1:2:0 ~ ~ CITY MANAGER'S OFFICE V ,~l ~j; /.\"\.'" "':oF '. '.. \ ~~flY~T2~'lCRA iIIIi East Side-West Side-Seaside Renaissance May 3. 2010 Irma Navarrte 1315 Date Palm Drive Lantana, FL 33432 RE: Trolley Service Dear Ms. Navarrte: Thank you for contacting the Boynton Beach Community Redevelopment Agency (CRA). We appreciate your interest In the CRA's free trolley program. At this time. the trolley service has not been cancelled. and there is no discussion of cancelling the North Route (which provides service to the area immediately surrounding Boynton Bay Apartments). Enclosed you will find a trolley schedule. which provides times and locations of the trolley pick-up/drop-offs. CRA staff will keep your letter on file, as reference for trolley service. during budget discussions for next year. In the interim. please be sure to visit our website to learn about opportunities available to Boynton Beach residents and visitors, such as free special events, at www.bovntonbeachcra.com. Thank you for your time and we look forward to your participation in one of our upcoming special events I Sincerely, ~ C.fx~} Lisa A. Bright eRA Executive Director 915 South Federal Highway Boynton Beach, FL 33435 Office: 561-737-3256 Fal!.: 561-737-3258 www.boyntonbeachcra.com , .,. . I ~ ~ B w >tEO ft I- · Q. =- :2g o ~.. I ~ &I.. CD = ~E OJ ~ 'a (I ~ o c: &0 ... iE ~~ ! ~ o n:: North ~ l!li:ix3D Trolley Schedule For Trolley Service Comments call: 561-838-9511 Advertising Opportunities caD: 561-961-1152 EASTBOUND TO THE WATERFRONT WESTBOUND TO MALl! WALMART / TARGET wea<oAV$ 7:07 AM - 6:25 PM \NEEKDAVS 7:15AM -6:33 PM ~~ ~" ~~ ~~ ~~ ~~ ,q., '- ,~ ~~, ,~ ~, ~ " , ~~') ~ " "4~ ~ ~>~ ~ ~t;~;ig~~f; ~;~ . ~~4S~ ~~, ~ ~~T~ ~~ ..,~ ~o, " (J) en It. ~~... ... r;; :: ~ g !(If"! ~ "-~. ~~ .i~~.5t. ~$~ ~ ~ .. "i't ~ ~' ~4':~ ~ ~~4tr ~~~ ~~& ~ ~, ~4) " www.boyntonbeachtrolley.com Trolley follows Time & Current Temperature. Can 561-832-3801 to set your watch. ... ..... ...... ~ UI ..Co)~"'''''N'''oo. ..~.... ='fibr. mi j 'I IJj~a~ ..... ............ '..... cn ..... w ...~ ... ... .~ ........ .0!O .......... t.1~iil~~ . i~ti: tl~ ...~....~ Ul tII.w~~....lt.......o~ f>>""'~ & a~ ~.~;IS '~I ~ ~ #ii ~ .... .........'~ (,II I....... W h' .., .... .~. ... .... R'" Ql f>> .... fj i ~ t:8J I ~~ 'i tl ita g t.i . N'- .... ~.. tII....w ............c. f>> .... I ~i*~~~~~.. ~~~ i~'* ~......... i ~Qi;~~t~~~i ;~~ ........-..... OJ tII....Co)ff..,........\...~........CO coO).... ij ~ l:H~J3~ id ~ B ~ ~H~ij ~~ ........-1,...". .... CII. 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Co) ~ .... ... ::: ::: ~ f3 i~n: B i s ji'i s ~mli ~~ ~,' ~~, ~~ ~4':~ ~, ~ 6}'- , ~, ~cv ~ f'4S 6}<f ~ ~... ~'&. ~, "4 6}~ 4.. ~ cf~~ "46} ~ ~, ~~ ~ ,e~, , ~, , ~ 'v r~~ ~~ 0"" ~ ,,' , ~C', ~~ ~'\;.s~ ~ ~~ ~ h ~~ ~~ "11^ ~ -FIJ Page I of2 Utterback, Theresa From: Sent: To: Bright, Lisa Monday, June 14,20103:38 PM Biscuiti, Kathy; Brooks, Vivian; Harris, Susan; Majoy, April; Simon, Michael; Utterback, Theresa; Villanueva, Ghishlane; Walsh, Margee Subject: FW: Police Department Comments Importance: High Theresa - this will need to be placed in the July comment log From: Bright, Usa Sent: Monday, June 14, 2010 3:37 PM To: 'Suzanne Moore' Cc: DeGiulio, Joseph Subject: RE: Police Department Comments Importance: High Suzanne, Since we do not have accurate first party Information on who might have said this statement or what number the person called making it difficult to determine how we might narrow down the individual who might have said it I would like to work with you on preventing this from happening again; therefore, I have copied Sgt. Joe DeGuilio who is responsible for a 5-person police unit within the eRA District Sgt. DeGuilio and the four officers reporting to him are exemplary. so I am recommending you establish him as a contact for you to use regularly with regard to ongoing or pervasive problems within the Las Ventanas community. In the meantime, if there is anything I can do further to support you personally or Las Ventanas, please let me know. Sincerely, Lisa Bright From: Suzanne Moore [mailto:Suzanne@epochmanagement.com} Sent: Friday, June 11, 2010 5:09 PM To: Bright, Usa Subject: Police Department Comments Hello Lisa, I want to relate an upsetting incident to you to pass along to the appropriate government officials. On Thursday, June 10th, we showed an apartment to a woman and her mother. The woman was seeking an apartment in the area because her husband was being transferred here from Texas. She decided to lease an apartment here and took the application to fill out. Her and her mother mentioned that they were going to stop by the police department to check on the area before making their final decision. When our leasing agent called them later in the day, they informed her they were not going to lease the apartment after all. They said the male policeman they spoke with (around 10:30 or 11:00a.m.) told them that 6/14/2010 Page 2 of2 he wouldn't recommend living in the Boynton Beach area, it was not safe, especially if her husband was going to be traveling a lot. I feel this is not only untrue, but very damaging to all the efforts the eRA and city government have put into the redevelopment of Bovnton Beach. Thank you in advance for your help. Best regards, Suzanne Moore Property Supervisor Epoch Management, Inc. 1351 South Federal Hwy. Boynton Beach, FL 33435 (561) 736-1818 office (561) 736-5018 fax 6/1412010 lsslonary BaRtist Church ~~c~ '" <<;;1\1 f:.' i" I. "'1.) '.1/ ;,', .' Lnl\ PCI"" 1JIVI II\jJ;,,:..,... it ;~ ,.....~(l'_J .. . ., f. J.'. ~ , . '"\ , 900 North Seact8$1 Boulevard Boynton Beach. Florida 33435 Office" 561. 732-2377 Fax # 561-732-3270 www.sljohnmbc.net Reverend Lance Chaney, Pastor June 18,2010 Ms. Lisa Bright Boynton Beach CRA 915 S. Federal Hwy Boynton Beach, FL 33435 Dear Ms. Bright: I want to express my appreciation for your generosity in support of our Annual Community Tent Revival. Your personal commitment was Incredible. Thank you for the use of the tent and the portable toilets. Because of our joint efforts .Unity in the Community'" was a success. We believe what we have done together will make a lasting impact on the lives of many people in the Boynton Beach community. We look forward to partnering with you again on other community activities. Reaching the Redeemable" ~~~~ Rev. Lance Chaney Senior Pastor St. John Missionary Baptist Church Reaching The Redeemable /n Him we have redemption Ihrougll His blood. the forgiveness of sins, according 10 the riches of His grace - Eph. 1:7 tfJ~L'/' (" . I ) I/{ -+'~) ~~ i r1 b 7 '-1 . ,.;.. p) u:A ,_. I (1\ ('; e s) r!J~' -1--'(; "'"-..r,"~ Ii ,--I {) J / :' +-t! . I ~. 1 f' ; ;. r' j . ' ._L I.V--' '''I') Ll.... .'L{V/tTI,. --'t') " . l...{ J t.- r~, l ,~~.. . . {,~t- (J:j >/,I j'):h'HIf1<Ul( I- t"!' ')' l-r- ,-, !...,.." d \. ) /1M" i j'?J~Y ~ -t1u ,1;1' IH ".. (~b..O 1./( c" "" !~) \.,.( tt I rt ,,'It "l, / (j-t~ Yi '\~ (IIt~?. I t. Vd S ,J'< t,," (/I~tA .~ ,j J.di'f<1'./ t.,. '. u . .. ,< ,'J" !.:. !,~,~, S f~ i., t ' ty'~ i ' 'ft < 'L I <.+..f "A- ;7./ '7 /) \'~( , (} ',~ " ) L~Ctt~' ~'~l.J '('t ~ .l ( " -{ , ( ,,I.j,,, i {{.vd ij{! ( /-t' "" ,J. t[. --p.,~'YihJ) ",,,(( I I ",.i" \ ,I-C l,'J~. d -1"() ~,-; Il t{,r< J t v.,di ~\P\ .t..,,, Lrd ,i l: J ' ,,\.} IlL {;,f).. t~ ,t.. l c)e II. . .\iL, j lC~' I .' . ~\ llf\ ....Vu ' i:'/ t,,~/V1'Q' ,,1/\ v' 'I')"' ..ft \;.,1:,1" ~ , ( I ( , ,.' I . . 1,(' ,/ .' .h ; \)""1 I. .' ,. i -,t';\I; " 1;-,..<A . ' .' . .. " r(,!iA i ,,'t c" i ('~. t - ./ I ",' ~ ...}':>t14 ;:'f , . .' i ( ; f\ , /'! , r- (, " . 'f I \ (:,,-J ',- · ........". ''') . 1/ I '-r~ " '. f'l .".~ t" . ~. ~\ \(.,1, ,\ {">l r1L7V~' I' ~. ~l . I' ,'.,"l \ , ,.., J 'P'ti '1''1te \' " _)~~h' i .. 1/ , . ; J t - l.~-t In (t(^ {\.' I i' A~\.i C"~ . June 22,2010 Mr. Ken Kalt District Manager Amerigas 711 N. Federal Highway Boynton Beach, FL 33435 Dear Mr. Kalt, I would like to offer Amerigas grant funding to help to upgrade the fencing and general appearance of your site a 711 N. Federal Highway. One of the roles of the Community Redevelopment Agency is to improve the appearance of major thoroughfares such as Federal Highway. I have enclosed a Commercial Fa9ade Program grant application and agreement for your review. This funding is interest free and does not require repayment. We look forward to working with your company to improve the City of Boynton Beach. Sincerely, ~ Assistant Director Enc. 915 South Federal Highway, Boynton Beach, FL 33435, (0) 561-737- 3256, (F) 561-737-3258 Owner Information PCN:08434521310000192 View Property Details Name: AMERIGAS PROPANE Location: 711 N FEDERAL HWY Mailing: PO BOX 798 VALLEY FORGE, PA 19482 0798 Preliminary Appraisal Value Market Value: $792.125 Assessed Value: $792,125 Exempt Amnt: $ Taxable: $792 125 Preliminary Tax Value Ad Valorem: Non ad valorem: Total: Print Page roperty Details Sales Info Sale Date 04/01/1995 09/01/1988 Page 1 of 1 ~ Sale Price $159,100 $100,000 ') 711 N. Federal Hwy produced by: papagis w~}~ S Palm Beach County Property Appraiser Gary R Nikolits, CF A ~.~'~..'. (i~;" i\1 1) .~.';P http://maps.co.palm-beach.fl. us/papagis/printing/papaLayout.aspx ) 6/22/2010 Print Page roperty Details Page 1 of 1 Owner Information '""\ PCN:08434522030020230 J View Property Details Name: BORNSTEIN JONATHAN S Location: 724 N FEDERAL HWY Mailing: 7153 CATANIA DR BOYNTON BEACH, FL 33472 7364 Preliminary Appraisal Value Market Value: $391.375 Assessed Value: $391,375 Exempt Amnt: $ Taxable: $391 375 Preliminary Tax Value Ad Valorem: Non ad valorem: Total: 724 N. Federal Hwy produced by: papagis http://maps.co.palm-beach.fl. us/papagis/printing/papaLayout.aspx Sales Info Sale Date 09/0111995 12/01/1981 08/01/1975 01/01/1972 " W.f ,:; Palm Beach County Property Appraiser Gary R Nikolits, CF A ) /~ ~... V ) 6/22/2010 1~~Y~T2~ eRA iIi East Side-West S',de-Seaside Rena',ssance June 22, 2010 Mr. Luis Gamba L. G. Auto Sales 724 N. Federal Highway Boynton Beach, FL 33435 Dear Mr. Gamba, I would like to offer your business free grant funding to help to upgrade the fencing and landscaping of your location at 724 N. Federal Highway. One of the roles of the Community Redevelopment Agency is to improve the appearance of major thoroughfares such as Federal Highway. I have enclosed a Commercial Fayade Program grant application and agreement for your review. This funding is interest free and does not require repayment. We look forward to working with you to improve the City of Boynton Beach. Vivian L. Brooks Assistant Director Enc. 915 South Federal Highway, Boynton Beach, FL 33435, (0) 561-737- 3256, (F) 561-737-3258 June 22, 2010 Mr. Nael Natour Neal's Autohaus 902 N. Federal Highway Boynton Beach, FL 33435 Dear Mr. Natour, I would like to offer your business free grant funding to help to upgrade the fencing and landscaping of your location at 902 N. Federal Highway. One of the roles of the Community Redevelopment Agency is to improve the appearance of major thoroughfares such as Federal Highway. I have enclosed a Commercial Fac;ade Program grant application and agreement for your review. This funding is interest free and does not require repayment. We look forward to working with you to improve the City of Boynton Beach. Sincerely, Vivian L. Brooks Assistant Director Enc. 915 South Federal Highway, Boynton Beach, FL 33435, (0) 561-737- 3256, (F) 561-737-3258 Print Page Page 1 of 1 roperty Details Owner Information """'\ PCN:08434521320040240 View Property Details Name: NNTNGN LLC Location: 902 N FEDERAL HWY Mailing: 902 N FEDERAL HWY BOYNTON BEACH, FL 33435 3225 Preliminary Appraisal Value Market Value: $498,303 Assessed Value: $498,303 Exempt Amnt: $ Taxable: $498,303 Preliminary Tax Value Ad Valorem: Non ad valorem: Total: Sales Info Sale Date 10/31/2003 05/01/1995 08/0811988 12/0111986 10/01/1986 06/01/1981 01/01/1979 05/01/1976 01/01/1975 ') 902 N. Federal Hwy s w.r s Palm Beach County Property Appraiser Gary R Nikolits, CF A .), ~J; produced by: papagis " http://maps.co.palm-beach.fl. us/papagis/printing/papaLayout.aspx 6/22/2010 Request for Proposals Heart of Boynton Community Redevelopment Project Boynton Beach, Florida The Boynton Beach Community Redevelopment Agency (Agency), is soliciting proposals from qualified development entities to redevelop scattered site, single-family homes on vacant land owned by the Agency in order to further the implementation of the Heart of Boynton Community Redevelopment Plan. The Heart of Boynton neighborhood is a 380-acre area located in downtown Boynton Beach, Palm Beach County, Florida (See Attachment "A). The community is bounded by Interstate 95 to the west, Federal Highway to the east, Boynton Beach Boulevard to the south, and the C-16 canal to the north. 86% of the residents are African-American and the median household income is $32,271 compared to Palm Beach County's median household income of $66,400. There are approximately 3,167 neighborhood residents. The goal of the Boynton Beach Community Redevelopment Agency is the revitalization of the Community Redevelopment Area a pursuant to Florida State Statute 163.3. As part of the Agencies redevelopment strategies, the Agency has been acquiring land within the Heart of Boynton area with the intent of partnering with the private sector to redevelop the land. In preparing responses to the RFP, interested parties should familiarize themselves with The Heart of Boynton Community Redevelopment Plan. The Plan is available on-line at www.bovntonbeachcra.com under the Plans and Studies heading. Background: The City of Boynton Beach, with a population of about 66,000, 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 tri-county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway and both Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and easy access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The City has introduced new mixed-use land use and zoning within the CRA which has had the effect of attracting new residential based mixed-use development to the City's downtown core. Project Description: The goal of the Heart of Boynton Community Redevelopment Plan is to promote the physical and social revitalization of the community through selective property acquisition and clearance, combined with new single family, multi-family housing and commercial infill development. The objective of this project is to provide new and decent affordable housing alternatives for residents, while maintaining the basic character, scale and integrity of the community as a whole. T:\DEVELOPMENT\HOB\RFP 4 SF Lots\4 SF Lot RFP HOB.doc '.-'" CRA BOARD MEETING OF: July 13.2010 I Consent Agenda I X i Old Business I : New Business .. .._L..... LegaL 1.....:...__ Other SUBJECT: Presentation and Consideration for approval of the single response submitted by Habitat for Humanity of South Palm Beach County to the RFP for the Redevelopment of Four Vacant Lots in HOB SUMMARY: The Heart of Boynton Community Redevelopment Plan identifies extensive vacant lots as a major area of concern. The community also identified infill development as a major action to be undertaken to improve the community. Since 2006, the CRA has facilitated the development of 14 new single-family homes throughout the Heart of Boynton neighborhood. At their regular meeting held on May 11,2010, the CRA Board approved the issuance of an RFP (attached) for four single-family vacant lots in HOB. The criteria of the RFP solicited proposals for the creation of four new 3 bedroom, 2 bath homes built with at least a one-car garage, impact windows, all appliances and window treatments. The RFP proposal deadline was June 16,2010 at 4:00pm Currently, three of the four lots are not on the tax rolls since they are owned by the CRA. Therefore no revenue is being generated by the land. The fourth lot is generating $21 7 to the CRA. Once the homes are completed and on the tax rolls, approximately $900 per home per year will be generated in TIF. To assist in the affordability of the new homes, the CRA approved the RFP to provide for a soft second mortgage in the amount of $20,000 on each property at the time of the sale of the home to the future home owner. As a result of the issuance of the RFP, the CRA received one proposal which was submitted by Habitat for Humanity of South Palm Beach County. Habitat for Humanity's proposal met or exceeded all of the requirements set forth in the RFP and is proposing to construct four new homes for a price under $100,000 to income eligible home buyers who have successfully completed Habitat for Humanity's home ownership program. FISCAL IMPACT: None, unless the homes sold prior to the expiration of the 30 year first mortgage at which time the CRA would receive $20,000 under the terms ofthe second mortgage. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Option 1. Approve the proposal as submitted by Habitat for Humanity of South Palm Beach County. Option 2. Reject the proposal as submitted by Habitat for Humanity of South Palm Beach County. ~~~ Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 . 2010 Board Meetings\07-13-10 Meeting\Results of RFP 4 HOB Lots-Habitat for Humanity.doc 3 7. A development timeline for all four lots. 8. A promotional PowerPoint presentation, consisting of between 5 and 10 slides should be included in the proposal packet. 9. A statement explaining the role of disadvantaged and/or small and minority-owned business enterprises in the project. Evaluation and Selection: A committee composed of Community Redevelopment Agency staff will conduct the initial evaluation of the proposals. The following criteria will be considered when reviewing and ranking responses; 1. Conformance with RFP requirements; 2. Compatibility of the home designs with the Heart of Boynton Community Redevelopment Plan; 3. Proposers experience with similar projects and communities; 4. The ability to proceed quickly on the development of the homes; 5. The ability and experience to obtain down payment subsidy for buyers of the homes; 6. The incorporation of energy and water efficient systems in the homes. 7. Proposed upgrades and amenities such as an alarm system, fenced yard, covered porches, ceiling fans, etc. 8. Price offered for the land along with a development pro forma supporting the land price. The committee will rank the proposals based on the above criteria and make recommendations to the CRA Board. The top ranked proposers may be requested to present their PowerPoint slide presentation before the CRA Board for consideration. The CRA Board may elect to reject all proposals and reissue the RFP. Following this public presentation the Board may select a developer to begin negotiations on a contract and development agreement for the sale of land. Timeline: May 13, 2010 June 16, 2010 June 30, 2010 July 13, 2010 August 10, 2010 Request for Proposals Issued Proposals due by 4:00 pm Ranking of Proposals Presentation of top ranked proposals to CRA Board and selection of proposer to begin negotiations. Approval of purchase agreement by CRA Board Submittal Requirements: To be considered, ten bound copies of the Development Proposal should be submitted to the following: Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 briaht/@bbfl.us 561-737-3256 X216 T:\DEVELOPMENT\HOB\RFP 4 SF Lots\4 SF Lot RFP HOB.doc 5/12/2010 The Agency is seeking proposals for the development of four single-family homes on vacant lots within the Heart of Boynton neighborhood. The Property Control Numbers of the four (4) lots are 1. 08-43-45-21-07-002-1140 2. 08-43-45-21-04-000-0130 3. 08-43-45-21-18-000-1640 4. 08-43-45-21-22-004-0091 08-43-45-21-22 -004-0081 08-43-45-21-22-004-0082 Please refer to Attachment "B" for a map of the four lots. Through this Request for Proposals, the Agency is seeking the redevelopment of the four lots into single-family homes. The homes should have three bedrooms, two bathrooms, at minimum, a one-car enclosed garage, hurricane impact windows and all appliances, flooring and window treatments. The Agency requires that the homes are sold to persons who intend to occupy the homes. Rental of the homes is not acceptable. To ensure this goal is achieved, the CRA shall place a soft second mortgage on each property at the time of the sale of the home in the amount of $20,000 per lot. The end buyer shall not be required to repay the mortgage unless the home is leased or sold. The land closing shall occur simultaneously with the sale of the home to the buyer. The proposed architectural design should closely mirror the Heart of Boynton Schematics available for download on the CRA website; www.bovntonbeachcra.com under the Plans and Studies heading. All proposals shall include the development of all four lots. Proposals that do not include all four lots will not be considered. The Proposal: All responders to this Request for Proposal should submit the following information. Failure to submit all items below shall result in being disqualified for consideration. 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. 2. A copy of corporate documents. 3. A written list of projects developed by the proposing entity including photos, addresses and project information. 4. A written list of the professional team members and a description of their experience with similar projects. 5. Proof of financial capacity to complete the project. i.e., loan commitment, audited financial statements, etc. 6. A detailed description of the proposed project, with text and graphics. This should include a schematic site layout plan, with parking locations and typical floor plans and architectural elevation diagrams. T:\DEVELOPMENT\HOB\RFP 4 SF Lots\4 SF Lot RFP HOB.doc 5/12/2010 ATTACHMENT "A" Heart of Boynton Neighborhood il I'; I T:\DEVELOPMENT\HOB\RFP 4 SF Lots\4 SF Lot RFP HOB.doc ') EXHIBIT "B" Location of Lots ') J T:\DEVELOPMENT\HOB\RFP 4 SF Lots\4 SF Lot RFP HOB.doc r r r ::c:~ ~~ _. ;I:: c-+ > ~ < c-+ ~ CjJffii ~ ~ g=~ 3 ~ ~ !i2 s. g q o H) r./J. ~~ . -l ~r!1 ~~ Clb oJ:> Vltrl C"lt""' >trl ~-< -:> ~...., Ii ...... -0 bZ 'en :::0 o ::I: ...., en ...... 10 trl trl t""' trl ~ ...., ~ 'T1 :::0 ~ ...., trl t""' trl -< ~ o Z .1fI I -7 I t""' trl 'T1 ...., en a trl tT1 t""' tT1 -< :> ...., o Z :::0 trl :> :::0 tT1 t""' trl -< ~ o Z ) ., , , I I ') 'lil TO: Lisa Bright Executive Director Boynton Beach CRA FROM: Mike Campbell Executive Directive Habitat for Humanity South Palm Beach CO RE: PUBLIC NOTICE OF DISPOSITION OF REAL PROPERTY BY THE 1. 08-43-45-21-07-002-1140 2. 08-43-45-21-04-000-0130 3. 08-43-45-21-18-000-1640 4. 08-43-45-21-22-004-0091 08-43-45-21-22-004-0081 08-43-45-21-22-004-0082 Responses Due June 16, 2010 June 15,2010 Boynton Beach Community Redevelopment Agency Heart of Boynton Single-Family rnfill Development Habitat for Humanity South Palm Beach has the ultimate goal to eliminate poverty housing and homelessness from the face of the earth by building adequate and basic housing. Furthermore, all of our words and actions are for the ultimate purpose of putting shelter on the hearts and minds of people in such a powerful way that poverty housing and homelessness become socially, politically and religiously unacceptable in our nations and world. With this in mind, it is our expectation that \-vith design changes to accommodate the City of Boynton Beach planning and zoning we can buil d the home you want to see for under $100,000. Enclosed is our proposal for the vacant land identified as: 08-43-45-21-07-002-1140 08-43-45-21-04-000-0130 08-43-45-21-18-000-1640 08-43-45-21-22-004-0091 08-43-45-21-22-004-0081 08-43-45-21-22-004-0082 Attached are some elvations that we would consider placing on the aformentioned property. These are artistic renditions of what we would like to see as revitalization occurrs with in the Heart of Boynton Beach. Habitat For Humanity finances the homes through donations and sells the homes to the owners interest free for up to 30 years. Thank you for the opportunity. We look forward to working with your organization in the future. Sincerely Michael E. Campbell Executive Director ~H"~.~:if.fQ..'.~. ;i~~i~~~~ ~j~ ~ , l r f~' ~y" ~ DEPARTMENT OF REVENUE r 85-8012656044C-7 Certificate t~umber I Consumerls Certffrcate of Exemp~~J Issued Pursuant to Chapter 212, F!orida Statutes DR-i4 R. 04/05 08/25/09 S 05/02/2007 Effective Date 05/31/2012 501 (C)(3) ORGANIZATION 1 Exemption Category Expiration Date This certifies that HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY INC 181 SE 5TH AVE DELRAY BEACH FL 33483-5204 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. ~mportant informatBon foll'" Exempt OrganEzations I DR-i4 R. 04/05 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. 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CAMPBELL 5354 NW 121st Avenue Coral Springs, FL 33076 Telephone: (954) 575-80441 E-mail: mcmcampbell@hotmail.com Accomplished Director of Non-Profit and Government organizations with over 20 years of experience and a proven track record in developing and managing strategic plans, operating budgets, raising funds in excess of $100,000, managing government relations, coordinating volunteers and managing staff of up to 150. Excellent communicator able to build and maintain positive relationships with a broad range of people from interdisciplinary teams, volunteers, mass media and Board of Directors. Highly organized, proactive professional with leadership experience in motivating a team to top productivity. Computer skills include: Excel, Windows XP, Corel and Microsoft Publisher. PROFESSIONAL EXPERIENCE HABITAT FOR HUMANITY SOUTH PALM BEACH CO. Delray Beach FL 2006 - Present A private non-profit ecumenical organization that is determined to eradicate poverty housing from South Palm Beach one family at a time. Executive Director . Manage all affiliate operations · Manage a resale store with 5 employees and an administration office that has two full- time staff and 3 part-time staff. · Coordinated and recruit up to 2600 volunteers to help with office administration and construction of simple, decent, affordable housing. · Raise capital to acquire land, housing materials and pay for administrative expense while maintaining an overhead of less than ten percent. · Direct activities for a low economic population, initiating, mobilizing and managing resource development activities by developing coalitions to increase donations. VIRGINIA BEACH PARKS & RECREATION Virginia Beach, VA 2000 to 2005 A government organization responsible for managing Sea tack Recreation Center and Owl Creek Tennis Center for City of Virginia Beach. Virginia Beach is the 9th largest parks and recreation department in the country. Coordinator · Developed and managed $500,000 in revenue and $1,000,275 in operating expenses. · Managed two facilities, six full-time staff and 27 part-time employees. · Coordinated and recruited volunteers while providing training to volunteer leaders and trainers. · Generated a revenue surplus of 32% in Seatack Recreation Center. · Directed activities for a low economic population, initiating, mobilizing and managing resource development activities by developing coalition to increase donations. · Created marketing and capital development for program initiatives, resulting in a $25,000 donation to build a climbing wall, implementation of a Kids Cafe to feed hot nutritious meals after school to children in need while participating in tutoring sessions at seven sites throughout the community. · Chairman for Morale Committee of the department, serving over 700 employees. CITY OF GRAPEVINE PARKS & RECREATION, Grapevine, Texas 1998 to 2000 A three year old, state of the art recreation center used as a model for many other centers across the state of Texas. Recreation SUDervisor · Supervised facility operations, managing a $275,000 membership budget for a 47,000 sq ft fitness and recreation facility. · Managed program operations with a $400,000 program budget and 67 contract employees. · Supervised and developed a staff of three full-time, 17 part-time customer service staff and one part-time Recreation Coordinator. · Drafted three youth initiatives grants for At-Risk Youth, generating $10,000 in funds. · Developed and implemented citywide fitness and wellness activities for 597 employees. · Implement three major community special events with over 800 people in attendance. · Produced two citywide health fairs to provide an opportunity for all employees to meet benefit planners and learn about extended health benefits offered by the city. MICHAEL E. CAMPBELL Page 2 YMCA, Ft. Worth, Texas; Dayton & Lebanon, OH, Detroit, MI 1987 to 1998 Managed program development at four different locations during eleven years of service at one of oldest, largest non-profit organizations in the United States. Providing volunteer recruitment, nitch marketing, diversified programming, enhanced customer services skills and developed the needed tools to create fiscal responsibility and facility management Director · Recruited directors to serve on boards, cultivated corporate sponsors and maintained on going relationships with volunteers. · Operated licensed youth programs and after school child-care. · Generated $1.2 million of a $4 million dollar capital campaign through creating and maintaining on-going relationships with corporate sponsors and community leaders. · Responsible for facility operations for four centers with budgets ranging from $500,000 to $1.2 million. · Supervised staff including seven full-time, 143 part-time, and approximately 200 volunteers. · Planned and implemented Metropolitan marketing campaigns ranging from $3,000 to $10,000. · Received over $14,000 in Grant Awards. · Developed volunteers to coordinate eight major fund-raising events, raising over $250,000 annually. · Collaborated with local city in developing the Head Start preschool program. · Coordinated four Wyandotte River Runs with over 500 runners annually. · Created informal youth and adult education programs. · Implemented summer day camps and teen camps, servicing over 400 youth annually. · Developed teen and family programs including Y-Indian programs and inner-city at-risk programs. · Increased membership by 13% annually through quality member services. · Supervised youth and adult sport leagues with participation ranging from 400 to 3,000 people annually. · Managed multiple fitness & aerobics centers. EDUCATION M.B.A., Averett University, Danville Virginia B.A., University of Kentucky, Lexington, KY - Major: Education/Parks & Recreation 8/06 12/86 PROFESSIONAL ASSOCIATIONS/COMMUNITY ACTIVITIES --"-.--- ~---'------'-~--'--'---------'--'---'-----------'---~-- ------------- -------------- ---- - - -_.------- --- .---- . Member, Virginia Beach Foundation/BEACH FUND President, North Landing PTA Chairman, BEACH FUND Golf Tournament Member, Rotary International, Optimist Club International, Kiwanis Club International Vice President, Summerfields Youth Program Volunteer Instructor, American Heart Association 23-Year Volunteer, Red Cross PATRICK J. LAMBE 7950 State Rd. 78 West Okeechobee, FL 34974 13014 Hampton lakes Circle Boynton Beach, Fl33436 Home Phone #: (561) 638-6564 Cell Phone #: (561) 436-4435 E-mail: lambeJ)@yahoo.com OVERVIEW Construction Manager/Supervisor with demonstrated strengths in residential and commercial projects. Consistent record of achievement in meeting budget constraints, improving quality, client satisfaction/zero punch list, and meeting deadlines. AREAS OF EXPERTISE · Multiple Project Management · Contract Administration · Cost Control · Building Codes and Permitting · Plan Review · Field Supervision · Quality Control · Site Development · Scheduling and Phasing · Layout · Carpentry Rough/Finish · Resourceful Troubleshooter · Safety/OSHA · Closeouts and Finishes PROFILE · Profit/Quality-Minded with extensive experience in planning and supervision of construction operations. · Excellent interpersonal and communication skills resulting in effective relationships with city and state officials, architects, engineers, subcontractors, vendors, clients, and project associates. · Creative problem solver. Resourceful troubleshooter capable of developing and initiating solutions to complex problems. · Stellar record of meeting budgetary, schedule, and performance requirements. Committed to outstanding quality control, and customer satisfaction. PROFESSIONAL HISTORY Southern Homes - Davie, FL (2006-2008) Construction ManaRer/Builder · Significantly reduced cost by establishing accountability for subcontractor performance. Eliminated the need for a large punch-out staff. · Established positive communications between client and developer resulting in more timely closings, and more satisfied homeowners. · Developed and implemented pre-inspection checklists which resulted in increased productivity, staying within budget, and delivering a quality product. · Earned the respect of building officials by creating a safe, and exceptionally clean working environment, and by establishing a superior record for passing required inspections. · Conducted pre-construction meetings between clients, sales associates, subcontractors, and architects. · Performed final walk-thru inspections with clients, supervised completion of punch lists; and assisted service dept with warranty lists. · Supervised construction staff personnel and subcontractors. · Worked with design team to accommodate client needs and resolve structural issues. Centerline Homes - Coral Springs, FL (2001- 2006) Custom Home ManaRer · Directly responsible for coordinating and supervision of all luxury homes built on clients property. · Involved in complete life cycle of multiple projects from securing estimates, purchasing, subcontract administration, scheduling, inspections, and quality control. · Supervision of site prep, lot clearing, demolition work, stem-wall, seawall, and pilings. · Worked closely with several architectural and engineering teams in the design, and construction phases of each luxury home. Toll Brothers - Defray Beach, FL (1998 -2001) Construction Mana~er · Accountable for production, quality, scheduling, cost management, inspections, project documentation, customer satisfaction, execution, and completions for this luxury home developer. · Closely monitored change orders, implemented into schedule, and coordinated architectural revisions with building department. · Worked directly with building officials during permitting and construction to streamline process and expedite job completion. · Inspected all work during construction to ensure compHance with plans, and building codes. II Received many acknowledgements from clients, and management for delivering homes on time, within budget, and exceeding clients expectations. G l Homes - Coral Springs, Fl (1991 - 1998) Construction SUDerintendent .. Supervised and coordinated all aspects of the construction process for this custom home developer. · Consistently maintained fast-paced production while ensuring outstanding quality. · Successfully closed an average of 4 homes per month, year after year.. II Was elected to build the personal homes for GL Homes executives. Florida Palm Aire - Pompano, Fl (1988 to 1991) Director of Construction (Palm Beach County}, .. Directly responsible for management and supervision of all projects in Palm Beach County. Projects included Town Houses, luxury Hi-Rise Apartments, and Custom Homes. Namil Corporation/RelJim Realty - Delray Beach FL - (1980 TO 1988) Director of Construction: Residential Division · Responsible for the construction and supervision of all single family homes and duplex units in the Woodlake Development. Director of Construction: Commercial Division: (1984 to 19881 · Supervised all land Development work which included site clearing, underground utilities, road and parking lots. · Managed and supervised the construction of office buildings, restaurants, retail stores, medical facilities, and bank buildings. EDUCA rlON Dutchess Community College - New York State. HABIT A T FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. FINANCIAL STATEMENTS JUNE 30, 2009 HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. CONTENTS PAGE INDEPENDENT AUDITORS' REPORT STATEMENT OF FINANCIAL POSITION 2 STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS 3 STATEMENT OF FUNCTIONAL EXPENSES 4 STATEMENT OF CASH FLOWS 5 NOTES TO FINANCIAL STATEMENTS 6-12 Gr~.. ~ - \.J ~ GersHe, lRosen & Goldenberg, P..A,,, Certified Public Accountants ~ark R. Gerstle, C.P.A. Robert N. Rosen, C.P.A. Brian K Goldenberg, Partner INDEPENDENT AUDITORS' REPORT To The Board of Directors Habitat for Humanity South Palm Beach County, Inc. Delray Beach, Florida We have audited the accompanying statement of financial position of Habitat for Humanity South Palm Beach County, Inc. (a nonprofit organization) as of June 30, 2009, and the related statements of activities and changes in net assets, functional expenses, and cash flows for the year ended June 30, 2009. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. The financial statements of Habitat for Humanity South Palm Beach County, Inc. as of June 30,2008, were audited by other auditors whose report dated October 20, 2008, expressed an unqualified opinion on those statements We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Habitat for Humanity South Palm Beach County, Inc. as of June 30, 2009, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. ~~ ~~ & ~deJ~, Pe/l Boca Raton, Florida February 22, 2010 2630 CENTRE 2630 N.E. 203rd Street Suite] 04 Aventura, F]orida 33] 80 Phone: 305-937-0]]6 Fax: 305-937-0]28 p~V. 1n<;_Q17_n117 THE PORTICOS 3835 N.W. Bo:::a Raton Blvd. Suite ]00 Boca Raton, F]orida 33431 Phone: 561-447-4000 Fax: 561-447-4004 999 Vanderbilt Beach Road Suite 200 Nap]es, F]orida 34108 Phone: 239-262-1773 Fax: 239-263-0]66 HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. STATEMENTS OF FINANCIAL POSITION JUNE 30, 2009 AND 2008 ASSETS 2009 ASSETS: Cash and cash equivalents Cash - temporarily restricted Cash escrow I principal account - temporarily restricted Accounts receivable - escrow - temporarily restricted Non-interest bearing residential mortgage loans, net of unamortized discounts of $1 ,441,135 and $1,160,698 in 2009 and 2008, respectively Grants receivable - temporarily restricted Grants/ pledges receivable - unrestricted Receivables - credit cards Prepaid expenses Land held for home sites Home construction in progress Property and equipment, net Security deposits $ 200,207 5,000 66,246 42,038 1,310,492 54,500 18,629 2,539 13,088 282,774 179,563 20,913 17,587 TOTAL ASSETS $ 2,213,576 LIABILITIES AND NET ASSETS LIABILITIES: Accounts payable and accrued liabilities Escrow funds payable Notes payable Total liabilities $ 96,366 108,284 204,650 NET ASSETS: Unrestricted Temporarily restricted Total net assets 1,841,142 167,784 2,008,926 TOTAL LIABILITIES AND NET ASSETS $ 2,213,576 The accompanying notes are an integral part of this financial statement. -2- 2008 $ 631,188 54,315 1,243,036 8,464 294,028 235,349 24,531 14,576 $ 2,505,487 $ 57,970 54,315 5,973 118.258 2,387,229 2,387,229 $ 2,505,487 HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED JUNE 30, 2009 (WITH COMPARATIVE TOTALS FOR 2008) 2009 2008 Temporarily Unrestricted Restricted Total Total PUBLIC SUPPORT AND REVENUE: Transfers to homeowners $ 549,490 $ $ 549,490 $ 376,274 Contributions: Cash 200,174 279,388 479,562 460,819 Building materials and labor 74,457 74,457 170,250 Land 70,000 Mortgage discount amortization 94,231 94,231 87,820 Investment Income 6,830 6,830 13,890 Other program service revenue 21,252 21,252 10,899 Revenue, resale store, net of expenses 118,975 118,975 98,243 Total public suppport and revenues 990,952 353,845 1,344,797 1,288,195 NET ASSETS RELEASED FROM TEMPORARY RESTRICTION8- Due to satisfaction of program restrictions 186,061 (186,061 ) EXPENSES Program service 1,543,699 1,543,699 756,886 Supporting services: Management and general 90,472 90,472 174,729 Fund raising 88,929 88,929 31,802 Total supporting services 179,401 179,401 206,531 Total expenses 1,723,100 1,723,100 963,417 CHANGE IN NET ASSETS (546,087) 167,784 (378,303) 324,778 NET ASSETS, beginning of year 2,387,229 2,387,229 2,062,451 NET ASSETS, end of year $1,841,142 $ 167,784 $ 2,008,926 $ 2,387,229 The accompanying notes are an integral part of this financial statement. -3- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 2009 AND 2008 The accompanying notes are an integral part of this financial statement. -4- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30,2009 (WITH COMPARATIVE TOTALS FOR 2008) 2009 2008 Supporting Services Program Management Services & General Fundraising Total Total Salaries and benefits $ 263,935 $ 49,488 $ 16,496 $ 329,919 $ 189,005 Cost of homes sold 738,299 738,299 451 ,103 Mortgage discounts of zero-interest loans 374,668 374,668 188,211 Capital campaign 45,000 45,000 Occupancy 23,903 7,968 7,968 39,839 33,503 Meetings, conferences, training 9,126 5,475 3,650 18,251 Office supplies and expense 29,212 8,346 4,173 41,731 26,993 Professional fees 44,988 12,854 6,427 64,269 12,664 Family nurturing 4,735 4,735 4,646 Advertising 4,714 673 1,347 6,734 12,705 Travel and lodging 12,604 3,601 1,801 18,006 8,562 Printing and postage 10,582 1,323 1,323 13,228 12,089 HFHI contribution 24,000 24,000 22,000 HFH - Collier County contribution 700 700 Total expenses before depreciation 1,541,466 89,728 88,185 1,719,379 961,481 Depreciation 2,233 744 744 3,721 1,936 Total expenses $ 1,543,699 $ 90,472 $ 88,929 $ 1,723,100 $ 963,417 The accompanying notes are an integral part of this financial statement. -5- NOTE 1: NOTE 2: HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2009 NA TURE OF OPERATIONS ORGANIZA TION Habitat for Humanity South Palm Beach County, Inc. (the Organization) was formed in May 1992 and is an affiliate of Habitat for Humanity International, Inc., (UHFHI"). HFHI and its affiliates are tax- exempt, not-for-profit ecumenical ministries whose mission is to provide low-income families with decent, affordable housing. In fulfilling its mission, the Organization builds single family homes in Palm Beach County, Florida, sells them to low-income families (homeowners) and holds non-interest bearing mortgage notes receivable with payments commensurate with the family's ability to pay. The Organization also provides prospective homeowners in its program with counseling and training to prepare them for home ownership and responsibilities. Homeowners are required to pledge a minimum of five hundred hours of service to the building of their homes or the homes of other Habitat homeowners. The Organization receives support from the local community by enlisting volunteer labor when practical and soliciting donations of land, building materials, and cash necessary in its building efforts. These donations and the income from collection of mortgages receivable are used to continue building houses for those in need. The Organization operates a resale store as a supporting service to raise funds. The resale store sells construction related materials and receives substantially all its merchandise from donations. SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES Basis of presentation- The accompanying financial statements have been prepared on the accrual basis of accounting in accordance with generally accepted accounting principles. Financial Statement Presentation- Under statements of Financial Accounting Standards (SF AS) No. 117, Financial statements of Not- for- Profit organizations, the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. -6- NOTE 2: HABITAT FOR HUMANITY SOUTH PALM BEACH COUI\ny, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2009 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Cash and Cash Equivalents - The Organization considers all highly liquid investments with an original maturity of three months or less as cash equivalents. Bank deposit accounts, at times, may exceed federally insured limits. The Organization has not experienced any loses in such accounts, and it is management's belief that the Organization is not exposed to any significant credit risk on its cash and cash equivalents due to the high credit standing of the financial institutions where the Organization's funds are deposited. Inventories- Substantially all inventory in the resale store is donated. Donations of inventory to the resale store and cost of donated merchandise sold are not recorded in the accompanying statement of activities and changes in net assets Contributions- In accordance with SFAS No. 116, Accounting for Contributions Received and Contributions Made, contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support depending on the existence and or nature of any donor restrictions. Support that is restricted by the donor is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Income Tax Status- The Organization is exempt from Federal Income taxes under Section 501 ( c ) (3) of the Internal revenue Code. Discount of Home Sales Contracts- It is against Habitat's fundamental beliefs to charge interest. The accompanying financial statements have been prepared in accordance with generally accepted accounting principles, and accordingly reflect the discounting of non-interest bearing home mortgages, and the amortization of such discounts, using the interest method over the lives of the underlying receivables. Transfers to Homeowners- Transfers to homeowners are recorded at the gross payments to be received over the lives of the mortgages. Non- interest bearing mortgages have been discounted at various rates ranging from 6% to 9% based upon prevailing market rates at the inception of the mortgages. Discounts are amortized using the straight-line method over -7- NOTE 2: HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2009 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) the lives of the mortgages. During the years ended June 30, 2009 and 2008, there were seven and four homes sold, respectively.. Property and Equipment- Property and equipment additions over $500 are capitalized and are stated at cost for purchased items and fair market for donated items. Depreciation is provided using the straight-line method over five years. Donated Services- A number of unpaid volunteers have made contributions of their time to program and supporting services of the Organization. The value of these contributed services is not reflected in the accompanying financial statements since it is not susceptible to objective measurement or valuation. Expense Allocation- The costs of providing the various programs and other activities have been detailed in the statement of functional expenses and summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting se:r/ices benefited. Estimates- The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Temporarily Restricted Assets - Temporarily restricted net assets consists of funds restricted for the construction of specific homes and are expected to be used within one year as follows: Receivable escrow Grants receivable Cash Dart Foundation Cash escrow 2009 42,038 54,500 5,000 66,246 167 784 $ Total $ Reclassifications - Certain accounts in the prior-year financial statements have been reclassified for comparative purposes to conform with the presentation in the current-year financial statements. -8- NOTE 3: NOTE 4: HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2009 MORTGAGE NOTES RECEIVABLE FROM HOMEOWNERS Mortgage Notes receivable from homeowners are presented in the accompanying statement of financial position net of amortized discounts. Approximate aggregate annual repayment amounts are presented below: Year ended June 30, 2010 2011 2012 2013 2014 Thereafter Amount $ 185,594 141,758 136,268 130,848 125,615 2,03] ,544 2,751,627 IA4L135 $ 1.310.492 Less unamortized discount Mortgage notes receivable, net Since all notes receivable are collateralized by a first mortgage lien on homes and the value of homes are greater than the recorded notes receivable, the Organization has made no allowance for doubtful accounts. GRANTS RECEIVED In June 2009, the Community Foundation for Palm Beach and Martin County approved a two year grant in the amount of $1 09,000 for the Build A Home and Neighborhood project. The grant period started June 15, 2009 and ends June 14,2011. For the year ended June 30,2009,50% ($54,500) of the grant was recorded as a grant receivable. These funds were received in July 2009 from the grant. The grant receivable is included in the accompanying financial statements as temporarily restricted assets. -9- NOTE 5: NOTE 6: NOTE 7: HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2009 PROPERTY AND EQUIPMENT, NET Property and equipment consisted of the following: 2009 2008 Machinery and equipment $ 4,500 $ 4,500 Office furniture and equipment 12,808 8,919 Computer equipment and software 18,995 13,995 Vehicles 33,691 33,691 69,994 61,105 Less accumulated depreciation 49,081 36,574 Property and equipment, net $ 20,913 $ 24,531 Depreciation expense for the years ended June 30, 2009 and 2008 was $12,507 and $11,421, respectively. NOTES PAYABLE The two notes payable at June 30, 2008 in the amount of $5,973 were paid off during the fiscal year ended June 30, 2009. OPERA TING LEASES The Organization rents an office and a store. The office is leased under a two- yearnon-canceiabie operating iease expiring in June 2011. The approximate monthly payment is $2,865 and is inclusive of its share of operating expenses, such as taxes and maintenance of the common areas. Rent expense was $39,839 for the year ended June 30,2009. The store has a month to mcnth lease. The approximate monthly payment is $10,500. Rent expense for the store was $126,000 for the year ended June 30, 2009. The following is a schedule of future minimum rental payments required under the above operating lease as of June 30, 2009: Year ending June 30. 2010 2011 Amount $ 34,380 34.380 Total $ 68 760 -10- HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2009 NOTE 8: COMMITMENTS On May 11, 2009 the organization entered into a contract for services with Customs Development Solutions to serve as a fundraising consultant and advisor and direct a capital fundraising campaign to raise funds needed to increase building capacity for Habitat. The company's preliminary minimum targeted fund raising goal is $3.0 million to $3.5 million. The term of the contract is from May II, 2009 and ending May 7, 2010. The total professional fee for the twelve months is $270,000 payable monthly in the amount of $22,500. For the year 2009, $45,000 was paid. rfmore than the $3.0 million minimwn goal is raised as a result of these services, another $30,000 ($2,500 per month) will be paid by May 7,2010. -Habitat agreed to budget and make available an amount not to exceed $75,000 for expenses relating to the campaign. The contract is cancelable by either party upon 60 days notice. NOTE 9: RESALE STORE Resale store revenue and expenses consists of the following: 2009 2008 Revenue $476,816 $422,448 Expenses; Salaries and contract labor 132,796 123,626 Payroll taxes and employee benefits 24,337 2,047 Total personnel costs 157,133 125,673 Office supplies and expense 19,951 14,117 Telephone 3,898 4,391 Truck expenses 12,093 17,120 Bank and credit card fees 6,215 6,215 Occupancy 149,765 147,204 Depreciation 8,786 9,485 Total expenses 357,841 324,205 Net resale store income $118,975 $98,243 Included in cash contribution income on the accompanying statements of activities and changes in net assets are donations to the resale store for $5,400 and $3,719 for the years ended June 30, 2009 and 2008, respectively. -11- NOTE 10: HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY, INC. NOTES TO FINANCIAL STATEMENTS JUNE 3D, 2009 SUBSEQUENT EVENTS On August 4,2009, the Organization entered into an asset sale agreement with Northern Trust, N.A.. The sale price is 90% of the unpaid principal balance amounting to $705,851 of which $70,612 was the discount on the sale and the Organization received $635,239 in cash. The bank will own the notes which are secured by the mortgages. The Organization will provide loan servicing on 9 certain mortgages for Northern Trust, N.A.( the lender). In consideration of performing the loan service, the Organization will retain as its compensation $l 0 per month per loan, plus other ancillary income such as late fees, penalties, etc., in COIlllection with delinquent or underperforming loans. In the event of default by any mortgagor, after 90 days, the bank has the option to reassign the mortgage to Habitat and Habitat shall repurchase the mortgage within 10 days of the Bank's notice to Habitat. The agreement shall remain in effect throughout the life of any mortgage unless terminated by both the parties. -12- Habitat for Humanity South Palm Beach will meet or exceed the following construction guidelines: 18.2 Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a. Three (3/4) bedrooms with one (1) master bedroom. Depending on the selected family size b. Two (2) full bathrooms including one (1) in the master bedroom. c. The master bedroom must be a minimum of 13'x 14' and must contain a walk-in closet. d. Double kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entryway, kitchen and bathrooms; carpet elsewhere. g. Appliances must be new and include: washer, dryer, range, range hood, garbage disposal, refrigerator, and ceiling fans in all bedrooms and living room. h. 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Project Time Line Proposal Submission Proposal Approval Project Planning / Architectural Review Permitting Initial Construction / Rehabilitation Development Ground Breaking Construction Begins Lot Number 0091,0081,0082 Lot Number 0130 & 1640 Lot Number 1140 Project Completion June 16, 2010 August 10, 2010 August 2010 September - November November 20] 0 November 2010 November 201 0 November 201 O-Feb 2011 February 2011- June 2011 June 2011 - October 2011 October 2011 Developing Mixed Income Neighborhoods South ?aim Beach ine Habitat for Humanity@ Mike Campbell Executive Director Developing Mixed Income Neighborhoods Heart of Boynton Habitat for Humanity Makes a difference ~ s~;",;t f\::.~rn H~<:<~\ ~ Habitat 1%, " for Humanity~ 1 Developing Mixed Income Neighborhoods Diversity of Income is good for the Affiliate -Stable neighborhood - HOA leadership -Family support network - Preservation of investment ~~ Habitat >;", for Humanity" Developing Mixed Income Neighborhoods How to make it work +,~ Habitat ....~ for Humanity~ 2 Developing Mixed Income Neighborhoods Be Responsive ... S tqy true to the mission ~ S~;ld: ?'.:titll f~'~<!<" C':';':<1h, l'"!{ ::;:.)i(:; Habitat ~\, " for Humanity' Developing Mixed Income Neighborhoods Takes a Multitude of Organizations · Partner · Developers · Builders · J urisclictions · Land owners · Corporations · Schools · CRA · CL T's · Housing Authority · CDC's ~ :~::il~Lh P./tim B',-,iO, ~4~ Habitat r'i' " for Humanity~ 3 Developing Mixed Income Neighborhoods i~ Habitat ,'~' for Humanity Developing Mixed Income Neighborhoods '$ Habitat ~:' for Humanity' 4 Developing Mixed Income Neighborhoods ~ S::1Uj~ rJim r;:<~<i<,7l ~ Habitat ~, " for Humanlty~ Developing Mixed Income Neighborhoods Strategize Be creative Be out therF ~ :;{il~jtt\<im j;i,:,;<:: ,;:>i(:; Habitat o1i!'" for Humanity~ 5 Developing Mixed Income Neighborhoods And above all. . . .~ Habitat "" '" for Humanity~ Developing Mixed Income Neighborhoods Always ask how can Habitat work with you? f;,;'''';'';~, Habitat iilf for Humanity' 6 .~ \;' ~~~<tY~Te~~CRA . East Side-West Side-Seas.,de Renaissance eRA BOARD MEETING OF: July 13,2010 I I Consent Agenda I X I Old Business I I New Business Legal I 1 Other SUBJECT: 710 N. Federal Highway as CRA Offices SUMMARY: · June 8, 2010 CRA Board moves to continue negotiations with the owner of the Holiday House to determine a potential lease or buy option. · July 6, 2010 Mayor Rodriguez receives a Letter of Intent for lease terms for the property at 710 N. Federal Highway. . Lease Terms: 1.) Original lease for a ten (10) year term with one 5-year renewal option 2.) Base rent is $16.00 per square foot NNN 3.) 5% annual base rent escalation 4.) Monthly base rent = $4,608 5.) Monthly costs for Ins., Maint. & Property Taxes = $1,893 6.) Total monthly rent = $6,501 per month plus applicable taxes Renovation Costs: 1.) Landlord Renovations = $160,000 +/- 2.) Interior Renovations = $80,000 +/- 3.) Tenant Build-out Costs = $88,000 *Landlord anticipates applying for and qualifying for the CRA Commercial Fa<;ade Grant, Commercial Interior Build-out Assistance or other grants as applicable. FISCAL IMPACT: To be negotiated and finalized in the lease agreement. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\710 N Fed Hwy Lease Negotiations.doc 1IJ~~<tY~T2~~CRA . East Side-West Side-Seas.lde Renaissance CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Plan RECOMMENDATIONS: Finalize and approve the lease terms outlined in the Letter of Intent and direct staff to work with CRA counsel to execute a lease agreement for 710 N. Federal Highway, Boynton Beach, Florida. G.- isa Bright, Executiv T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 . 2010 Board Meetings\07-13-10 Meeting\710 N Fed Hwy Lease Negotiations.doc Arthur B. D 'Almeida,RA. Attorney at Law 105 East Palmetto Park Road Boca Raton, Florida 33432 July 7,2010 Honorable Jose Rodriguez City of Boynton Beach 200 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: 710 North Federal Highway, Boynton Beach, FL 3;)435 Dear Mayor Rodriguez: Telephone (561) 368-4674 Telefax (561) 362-8512 e-mail: artdesq@aol.com Pursuant to our meeting and discussion, I want to thank you for giving me the opportunity to demonstrate my intentions of fully supporting the redevelopment of North Federal Highway. My general contractbr has obtained actual estimates from all sub-contractors to perform the Work necessary to complete the shell and interior improvements we discussed. }\cc()rdingly, I am enclosing BdrafLletter ,of intent that was . prepared pursuant to your request. Please review the letter and contact me to discuss it. I feel that locating th~CRApfficesat the 710 North Federal Highway site will have a very beneficial. impact on the community and wHl. demonstrate the CRA board's leadership in renovating an existing blighted site. Others may follow and the area will, in all likelihood, show recognizable signs of re"italization. Also, the CRA may use a portion of the space for other outside uses that may attract other businesses. I have heard that the CRA contemplated locating an art gallery in the front portion of the building. As I am sure you are aware, the project .requires a very substantial financial commitment on my part, which I am willing to make with the cooperation and support of the eRA. . .. I am excited about the project and look forward to hearing from you at your earliest convenience. enclosure 105 East Palmetto Park Road Boca Raton, Florida 33432 July 6, 2010 Honorable Jose Rodriguez City of Boynton Beach Boynton Beach, FL Arthur B. D 'Almeida, RA. Attorney at Lau' Telephone (561) 368-4674 Telefax (56!) 362-8512 i-mail. artdesq@aol.com RE: 710 North Federal Highway, Boynton Beach, Florida Dear Mayor Rodriguez: On behalf of 710 Boynton Partners, LLC, this letter is written to present the following lease proposal for the above-referenced property: Landlord: Premises: Tenant: Square Footage: Permitted Use: Original Lease Term: Lease Commencement Date: Rent Commencement Date: Renewal Options: Base Rent: Base Rent Increases: 710 Boynton Partners, LLC 105 East Palmetto Park Road Boca Raton, FL 33432 710 North Federal Highway, Boynton Beach, FL 33435 Boynton Beach Community Redevelopment Association Approximately 3A56 square feet General commercial Ten (10) years Upon Effective Date (the date upon which both Landlord and Tenant execute Lease) Upon completion of Landlord's renovations as outlined below and the issurance of a Certificate of Occupancy by the City of Boynton Beach (estimated completion date - 3 to 4 months) One 5-year option $16.00 per square foot (triple net). 5% per year. Operating Expenses and Real Estate Taxes: Total Rent and CAM: landlord's Work: Interior Work: Tenant Build-out: Insurance: $4,000.00 (estimate) Mainten.ance: $1,200.00 (estimate) Property Taxes: $17.515.00 $22,715.00 $22,715 + 12 = $1,893.00 per month $4,608 + $1893 = $6,501 per month plus applicable taxes landlord proposes to do the following work to complete a building shell: D~molition (interior and exterior) '. Repair concrete floor footings Install 3 steel columns Replace existing doors and windows with new hurricane impact resistant doors and windows New exterior stucco New shingle roof Exterior paint Clean, patch, seal and stripe exterior parking lot HVAC - three new five ton units. Electric - New 400 AMP Service and Two 200 Amp Interior Panels Plumbing - Two bathrooms and one water fountain Estimated Cost: $160,000 Insulation HVAC interior Interior electrical/lighting Fire alarm system Estimated Cost: $80,000 landlord has been requested to estimate the build-out of ten (10) offices, one conference room, one break room, reception area and two bathrooms, including the following: Drywall partitions Interior paint Prep floors New carpeting vcr at two bathrooms Vinyl base New cabinets - break room Fire extinguishers Grants: Regulatorv Fees: Tenant Improvements: Outdoor Seating: Securitv Deposit: Signage: Construction Contractor: Plan Approval: Documentation: Ceilings - 2'x4' New doors and hardware Carpentry labor Miscellaneous specialties Estimated cost: CRA Interior Build-out Grant $88,000 -$15,000 $73,000 A landlord work letter to be discussed and agreed to. Landlord anticipates applying for and qualifying for the CRA Commerciai Fa<;ade Improvement Grant Program and Commercial Interior Build- out Assistance Program, or other applicable grants Landlord shall be required to pay all impact fees, utility connection fee and any other fees charged by municipality. Tenant shall bear the cost of its own plans and specifications. Tenant may install such Tenant Improvements, fixtures and finishes in the Subject Premises, as Tenant deems necessary and desirable subject to applicable codes and regulations. Landlord's approval shall be required for such approvals and said approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be able to utilize the parking lot for outdoor seating or events at no additional charge as per City Ordinance First and last month's rent and security deposit in the amount of $19,503.00. Tenant to have maximum exterior signage including the exterior of the Subject Premises, as allowed by the City of Boynton Beach. All signage to conform to architectural plans of Landlord per mutual agreement and paid for by the Tenant. Signage package to be provided by Tenant with construction documents for concurrent approval. Landlord shall have the right to retain its own contractors, designers, engineers and construction management firm to perform the necessary improvements to the Subject Premises. Landlord shall have the right to approve Tenant's plans, which shall be submitted in a timely fashion at or near lease execution, Landlord will prepare the Lease to reasonably reflect the terms set forth in this letter. This letter of intent is not intended to create any legal rights or obligations, but rather is intended only to summarize the basis business terms. All of the legal rights and obligations of the parties will be set forth in the lease prepared by the Landlord, and no such rights or obligations shall take effect until the lease agreement has been fully executed by both parties. to your response to finalize this transaction. Agreed and Accepted: City of Boynton Beach By: Its: Date Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 B. Consideration of Land Lease with the City of Boynton Beach for Property Located at Ocean Avenue and SE 4th Street Ms. Bright explained the item pertained to the potential relocation of the Ruth Jones cottage. The CRA Board was required to approve the conditions of the land lease before it was forwarded to the City Commission. Staff worked with Attorney Cherof on the item, which was strictly a legal matter. If the item was approved by the City Commission, staff would bring back the interested parties. She clarified most of the interest was for a restaurant option and in moving the building to the future train stop abutting Ocean Avenue. A kitchen would be added because the parties wanted outdoor seating and a casual-style restaurant. A report would be prepared next month on both the 211 East Ocean home and this item, indicating whom the interested parties were, what incentives would be given, etc. Motion Mr. Holzman moved to approve the land lease agreement. Mr. Hay seconded the motion. The motion passed. C. CRA Office Options Last month the Board reviewed its options for a new CRA office location. Staff and the CRA's architect met with the owner of Holiday House. The building was gutted, needed a roof, a truss, heating and air conditioning and many other items. The cost to renovate the building was a minimum of $100,000 to $200,000, and the owner was amenable to considering sharing some of the costs with the Board. If the Board wanted to move in this direction, the cost would be about $150,000. The amount listed was for the entire building and for the interior and exterior improvements. The owner, who was a major landowner, was also interested in the CRA purchasing the structure. He preferred to spend his funds on his other properties elsewhere in the City and wanted the CRA subsidy. Ms. Bright explained the management at Las Ventanas and Styles agreed to make the interior improvements. Ms. Bright explained the reason the item was back on the agenda instead of having a negotiated lease was because the property owner of the current office location was unsuccessful in his bid to sell the property. Staff could remain another year under the reduced rate staff negotiated in 2009. She wanted to apprise the Board of the new option before proceeding further. Chair Rodriguez expressed he felt the estimate for the Holiday House was grossly exaggerated and he hoped more accurate numbers would be presented in the future. He wanted to continue to pursue the Holiday House as the renovation was a significant opportunity for the CRA to redevelop the area. In regard to the option of staying in the same location, Chair Rodriguez wanted to re-approach the owner to see if the Board could obtain a six-month lease at a reduced rate. This would provide the opportunity to 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 continue to work with Holiday House. He recommended staying on course. It was noted renovating Holiday House could be accomplished in 45 days. Mr. Hay wanted staff to remain at the current location, which would provide additional time for the economy to turn around and the CRA would not have to pay to relocate in addition to paying the renovation fees. He supported remaining at the current location for another year. Mr. Holzman disagreed on the basis that the economy was down and the Board should not wait for a turnaround. He expressed this was the time to take advantage of the reduced rate and it could be an opportune time for the CRA to make an investment, lease the space and give staff the space they needed with the owner willing to bear the cost of the roof repairs and the interior improvements. The staff could customize the interior to meet their needs. He suggested continuing negotiating with Holiday House. As to the alternative option, Mr. Holzman proposed staff could negotiate a better rate. Entering into a six-month lease at the current location and then moving forward with Holiday House was the best option. It was noted the owner was not present. Ms. Bright explained one of the reasons staff did not renovate the building was when Palermo's bakery needed a home, Ms. Brooks vigorously pursued Mr. D'Almeida to accommodate a wholesale bakery with retail option and he would not make the improvements for them. The building deteriorated. The architect provided the estimates for the repairs at $20,000 for the roof; $20,000 for the truss; $20,000 for the HVAC, and the building had no plumbing or electrical. Ms. Bright requested further direction and reiterated she needed to provide the current landlord with proper notice of whether they would remain. If it was on a month-to-month basis, it would be a higher amount. It was requested the landlord write an offer and bring it back to the Board. Motion Mr. Holzman moved to allow the Chair to negotiate with Holiday House and to continue negotiations with the Holiday House with the Executive Director and the Chair to determine a potential lease or buy option. Mr. Orlove seconded the motion. The motion passed 4-1 (Mr. Hay dissenting.) Motion Mr. Holzman moved to enter into negotiations with the current owner for a six-month lease. Mr. Orlove seconded the motion. The motion passed 4-1 (Mr. Hay dissenting.) XII. Executive Director's Report Mr. Holzman left the dais at 8:23 p.m. 10 " 1~~<tY~Te~ eRA . East Side-West Side-Seas.lde Renaissance eRA BOARD MEETING OF: July 13,2010 I I Consent Agenda I X I Old Business I I New Business I I Legal I I Other SUBJECT: ULI Sustainability Pilot Project - DMP GreenCentives (TIF Agreement) SUMMARY: See Attachments related to the Draft Memorandum of Understanding for the evaluation of the "GreenCentive" Program. 1.) Community Selection Questionnaire & Application - December 2009 2.) Boynton Beach Selected for ULllnterview - January 2010 3.) Public Announcement CRA Selected for Pilot Project - February 2010 4.) Press Release - March 2010 5.) CRA Board invited to planning meeting - March 2010 6.) Correspondence with Chair on ULI Pilot Project - March 2010 7.) CRA Board Meeting ULI Discussion - April 2010 8.) ULI National not funding local Grant - May 2010 9.) Correspondence from Chair to Reschedule - June 2010 FISCAL IMPACT: None. CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDATIONS: Not approve $23,000 for the ULI Sustainability Pilot Project Area for GreenCentive Program Evaluation. ~9hl' E~~eclor T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07 -13-10 Meeting\U LI GreenCentive.doc UU-The Urban Land Institute Southeast Florida/Caribbean Sustainability Committee Project & Partnership Memorandum of Understanding This Memorandum of Understanding (this "Aareement") constitutes a mutually agreed upon understanding between the Boynton Beach Community Redevelopment Agency ("CRA") and ULI - the Urban Land Institute District Council Southeast Florida/Caribbean ("ULI"). The CRA wishes to obtain advice, recommendations, and assistance from the ULI regarding sustainability objectives for their community ("proiect"). A specific work plan of the issues to be addressed by the ULI Susta~i1ity Committee will be developed in consultation between the CRA and the ULI. This Agreement is effective for a period of 12 months commencing on the date offt,J41 executtOp of this Agreement. The term of this Agreement may be extended by only by a Wrltten amendment, executed by each of CRA and ULI. Pursuant to this Agreement, the ULI's tasks will include: 1. To provide the resources of the ULI Sustainability Committee ("Committee") composed of members of the UlI and others who collectively have a varied and broad experience and knowled~~plicable to issues of sustainability. The Committee's mission for this Projeclls to advise and educate the CRA and the greater Boynton Beach community on~inable. practices and encourage implementation of such practices in their professl~ and personal endeavors. 2. To meet the Project's objectives, which are to: (a) analyze the CRA's existing needs with respect to sustainable practices; (b) develop a framework for implementation of such sustainable practices; (c) provide assjetence in implementing such sustainable practices; and (d) prepare a written report documenting the entire process that could be used $$ a "blueprint" for other communities' development and implementation of their own sustalnabie practices. 3. To provide specific assistance to the CRA in the following areas: (a) analysis and applicabimy of the CRA's proposed "GreenCentive Program" and the Proposed Green Orc:ifoance to a certain proposed project to be developed within the CRA's jurisdiction (the "Gulfs1ream Proiect"); and (b) draft a proposed written agreement between the ORA ana the owner of the real property comprising the Gulfstream Project (the "G~am Developer") whereby, in consideration for certain tax and other incentives provided by the GreenCentive Program, the Gulfstream Developer will agree to implement certain provisions of the Proposed Green Ordinance into the Gulfstream Project. 4. To maintain communication with the CRA in an organized and timely manner Communication will take place through ULI staff. ULI staff will notify the CRA staff or leaders if others will be contacting them on specific responsibilities. The CRA's tasks will include: 1. To furnish (in both paper and electronic form) the Committee with such pertinent background data in the form of reports, plans, maps, charts, etc., as may be presently available or readily developed as the Project proceeds. 2. To arrange, insofar as possible, for the appropriate persons, including public and private officials, representatives of the relevant organizations, and others, to be available to the Committee for the purpose of consulting with and furnishing information to the Committee on specific matters relevant to the assignment as may be necessary and advisable. 3. To provide appropriate personnel to cooperate and coordinate with the Committee for any necessary inspection of the study area and its environs. 4. To allocate Twenty Three Thousand DoY~rs($23,000,OO) toward certain expenses incurred by ULI in connection ....W1tfl the Project, including, without limitation, expenses, fees, and other cq$1S of: graduate studeht. or consultant research and writing support; report d~n; report printing; matef'ia.ldistribution and mailiQg expenses; meeting, food, v~. or~~i? visual expenses (or any combination of the foregoing); publication expenses; interim project reports; administrative support; local travel expenses;.~ meeting supplies (collectively, "Exoenses"). The CRA will pay vendor invoices or expenses directly within the allocated amount. If a Project report is created, the CRA may make suoh use Qf it or other tangible results as it may reasonably deem desirable. It is further understood that the ULI may make such use of the Proje91repod(or any portion thereof) or tangible results prepared from the Committee's fincjirigs and~mmendations as it may deem desirable, and the CRA herewith specificaHyagrees that the ULI and any of its related entities may publish and disseminate such report or any part thereof in conjunction with its research and educational programs. It is understood and agreed by both parties that the ULI participants are not agents or employees or representatives. of . the Boynton Beach Community Redevelopment Agency and are acting as independent contractors. The CRA shall not be responsible for any personal injury liability or damages to the individual persons or property provided pursuant to this Agreement unless such injury or damages arise from the gross neglect or intentional act (or omission to act) by any agent of the CRA or the City of Boynton Beach's employees, agents, or officers. ULI shall not be responsible for any personal injury liability or damages of any kind arising from the performance of services under this Agreement, unless such damages arise from gross neglect or intentional act (or omission to act) by any agent of ULI. ULI's aggregate liability for damages of any nature shall be limited to the amount of the Expenses under this Agreement. This Agreement shall have been deemed drafted collectively by CRA and ULI and to have been executed within the State of Florida. The validity, construction, and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection, or dispute arising out of or related to this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. The prevailing party in any such action shall be entitled to reimbursement of its reasonable attorneys' fees and costs incurred in prosecuting or defending such action. The parties to this Agreement hereby knowingly, irrevocably, voluntarily and intentionally waive any right to a trial by jury in respect to any action, proceeding, lawsuit or counterclaim based upon, arising out of, under, or in conn$Ctien with the matters to be accomplished in this Agreement, or any course of oonduct, course of dealing, statements (whether verbal or written) or the actions or inacti0fl$ of any party. Either ULI or CRA (or both) has the right to terminate this Agree)'l1(int, with or without cause, for any reason, at any time, upon five (5) days written notice to the other. This Agreement shall constitute the entire agreement between each ofULl and CRA and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party hereto except to the extent this Agreement is modified or otherwise amended by a written amendment executed by each of ULI and CRA. This Agreement may be executed simuttaneou9ly in two or more counterparts, each of which shall be deemed an original, but cdl of which~iler shall constitute one in the same instrument. Boynton B~Ch C;Ci.)mmunity Redevelopment Agency ULI-the Urban Land Institute SE Florida/Caribbean NamefTitle NamefTitle Signature Signature Date Date Tab 1 ULI Southeast Florida/Caribbean Sustainability Committee Sustainable Community Framework Process Once the client has been selected, the implementation process will follow as described below: 1. Development of the Memorandum of Understanding (MOU) between the ULI Southeast Florida/Caribbean Sustainability Committee (ULlSC) and the Pilot Community (PC) Once the PC has been selected, the nature of the relationship between the ULlSC and the PC needs to be defined clearly and explicitly in a MOU. 2. Sustainable Community Pre-assessment A simple three-point scale survey will be administered to the governing body plus representatives of the different stakeholder groups in the PC. 3. Sustainable Community Inventory and Analysis Main studyieading to the development of the proposed Sustainable Community Program (SCP), including the following action items: a. Create and develop the ULlSC-PC Oversight Team and Sustainability Indicator Task Forces; b. Identify and describe the sustainability indicators and the systems they belong to; c. Identify and assess available and needed resources (economic and human); and d. Identify challenges and opportunities. 4. Proposed Sustainable Community Program (SCP) a. Design SCP applying available sustainability tools leading to the development of the SCP consisting of: i. Indicators ii. Systems iii. Innovation iv. Strategies v. Consensus b. Prepare proposal and present 5. Development of the SCP Policy and Procedures 6. SCP Implementation 7. SCP Tracking, Evaluation, Mid-course correction, and Reporting * This framework is subject to change based on the pilot area's needs l~flY~T8lRA Ii EastSide-WestS'lde-Seaside Rena'lssance CITY OF BOYNTON BEACH CRA "GREENCENTIVE" PROGRAM The Boynton Beach CRA seeks to create an incentive for development that utilizes green building standards. The CRA will assist developers in realizing the added value of building projects that minimize impact on the city's infrastructure, conserve energy and water and contribute to the CRA's goal of creating a vibrant downtown. The development of green projects often incorporate such elements as higher efficiency mechanical, electrical, and plumbing systems, durable and low maintenance/low VOC materials and finishes, and recycling. The CRA also advocates that green buildings communicate to the public that sustainable and responsible living patterns are important to the community's culture and future. Therefore, some method of publically displaying how the project saves energy or natural resources should be included into the site plan. The development of green projects is consistent with the goals of the CRA's Downtown Vision and Master Plan adopted in January 2009 and the City's of Boynton Beach Green Task Force formed in 2008. The CRA's Greencentive Program is an incentive program featuring a palette of green development strategies as well as descriptions of the type of related incentives. There are numerous green standards utilized in the United States, with the US Green Building Council's LEEDTM certification program being the most prevalent. These certification programs will be used for setting levels of sustainable green building and development practices through the creation and implementation of universally understood and accepted tools and performance criteria. Greencentives will be offered on the performance basis of these standards. The level of success can be determined on an accumulated number of actions and implementations the developer and CRA agree on for each project. Verification of the success should be clearly demonstrated by the developed project in order to receive the incentive. Projects that meet the CRA's goals can be awarded a percentage of the tax revenue generated by the new project. c '? c '? c '? ----1-----[1'-------- f~ ~-S' ~il~ [1 COgc8g~g'l~al o a.. It> 0.. It> c... a -, no (Il lP I>> "< :r I III a.. a.. c...1..._. ~~I ~ ~j;l < CD ~ -s.. ~ Q tt>;' -. -.I,,"'<! 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':l 0 :I Ilo N'" _j_...."tI.._ l~ lEi!! .f r 5'-!"f tr ~ :;-3 f g i ; ~ ~:i } ~l Cl- }!~~.~ 1 i ( }'e U } t ~ 1 ~ff~ i ! Hilt a ::1:3' "tl n 1. i-J1i' ~ ~ f: ~ r -< ~ . c . '? ~ rr 1~ e Q1 ,:.g:.!~g.1- ~. ~i ~~ ~ r I ~ ~ it! t! -r o. r i .f: ~ ! i"~l- . .., I "-- ~~ : f~ I ~ fi ~ f! H =--S! .., "- 1. g ~f . . o o " ~ o [ ~ .- -u 0: o o ,. '? o o ~ [ ~ g. "' ~ 'S ~ ~ ~ ; 3- ,~, ~ ~ o ~ g o () ;; 00 o ~ g ~ o ~ o ,. rn o ~ g o ~ n " r. 0 g- O g ;; }. ,> j >- >- f f [,0 f n: ~l ~ ~ ~ ~ ~ <E " 5 0 0 e- s: ~ 0- L ~ f z "' ~ ~ if- t ,,",~~4lIl":'IlI:\'~~ "f [iDld UOIJ:'D Community Selection Questionnaire [Please provide all responses in Microsoft Word electronic format] Community Name: eo~ _&>C.c.b Co~n.~ ~~ I' (1_' ~\) Contact Person: l-\~~ or~~ PhOne: 12>1- ~Emai1: b(~~~ \ L bb+-\. '-"5 Please list the names and positions of the people who have contributed to the completion of the questionnaire (we encourage a broad range of respondents). c: I, Describe your community's institutional structure and governing body. c.Q.A. ~? ltD~O c...a..I.e.S en ~ ~~ \.L- fb'~o..- e~ clh. c.. ~~ ~ Bt>~-\-o.-- ~ ~~-\c.u...."'1s oJ~ ~ ~....c. Oc...s;.,..\ ""~ l\--a. ~ ~::, '1{N er.u.ed \?~2 Wh ~ '1-~~d fi ., f ~ b"l' . bl .? . at IS your communIty s e mItIon 0 sustama 1 Ity or sustama e practIces. Trt..- c:..~~ e.t- &~ ~ cLe.~r~ ~ e..tl~U2. ~ p0'Q\ ~~ h~l,~ a....v0-- ~\&:c:;e.... cu-o.. aSsure- ~ fruI~ ( t..?~ ~"",L, e.o~(.. \ o-l \ cu.&- U\S \ (..... cN!.~ e.. lc.p~ C( ep.:k.. C-- \"Y\~ ~~~cJ.o\e.. Co~~~. 3. What has commenced, is in progress, or has been accomplished to-date in your community as related to sustainability or sustainable practices? Have there been any committees, initiatives, programs, projects, laws, or other procedures or efforts commenced? (For example, such efforts may relate to governance, community organizations/task forces, facilities management, purchasing policies, environmental practices, etc.) Tt'YL C-~~ st- 6~ ~ U~ ~ G-fe..e..v- UDm f"'r\.~: ~ -A\ \~U2.. --r-o ~\t"L ~ 0..-. ~K ~c.L.- h l.Vn.L cl~e,lor~ ~ ~\r- D~ ~ ~.u....... &J:\~ 1Y~c:v.u. '"ThL 6~ ~ no..."::> \.I. C:n~~'S" Page 1 of2 o..-~ lL. ~a...A M \~ ~EU)('"'\~ \C)~ ~A.L. 4. Describe the specific geographic area within your community that the Committee (and the community) should focus their) efforts on with respect to implementing the Sustainable Community Development Framework (attached hereto), and provide the reasons why. Does this area consist of primarily residential, commercial/retail, industriaL institutionaL or other uses, or does this area consist of combinations of the foregoing? ~ -\er~ ofLGl- \l~SO a.sJ<-"':;) ~ ~ ~tJ-- ~ ~ ~ e.~ e{.- ~~ ~. \bre- O(-LCL ~ ,? 0....... ~~~6.-- ~ (e.'S'.~~O-l \ c.()('1'\n")e.C<-~ \ r~\ Q..A.fJ- ~ d-0S~~o-\ 0~. \~ Q(~ l~ .s:~l~~~ ()0()...iiWe\o~ ~~ 0- S)S-teJ ~ ~~-<-- '?~ ~ .()fYS,4,'\.re... oY.-L~, 5. List and describe all critical or otherwise important challenges or situations in need of improvement in your community (whether economic, sociological, environmental, legal, governmental, or other). List how sustainability or sustainable practices might aid in addressing such challenges. -r Y"e....- ~ -+r- ~ L C?.u--CJ.- <-0'\ \\~f'\f..~~ ~ ~ ~. <YJ\iS {~"'~ C~\u:~ ~~ ~ e~Q'Y\ \L.- \~~~;';o...- ~ .ecLuc~~ 6. Based on either past experience or your understanding (as applicable), how does your community's governmental authority approach, plan, publicize, or implement change, whether economic, social, environmental, legal, governmental, etc.? ~ ~ {h-'f>\-- o',f.- ~, u->e-- ~ ~ 5:~':\4C(!u..\.- ~~ 0.+- ~ \-tRdef~ \.vr6 . ~~\fU ~ CJLA- ~ ~ O"\~~ ~ c.n:f'Se- XJi\ {~..fJ~ ~O""\~ \rt- 7. To what extent do you think your community's governmental authority wants (or has the 'political will' to promote) sustainability or sustainable practices to be incorporated within the community's economic, social, environmental, legal, and/or governmental frameworks? Ce-A'? r.e..c:le-.[ elo~ 0a..LS u..ef"e.... \ n LOr ~D~ ~ d f~ D-- ~ (Y\.u-~. ~ ~ c:>DCP\ ~e-4~ \..0 ;JM.. $):S-\-o.:~' \ :~ 0\:) \ e.e.-~S. ---r rt.- C- ~ C(Y\1.l"-'~-;'-B> lY ",,,,.:5 PCA.~ ~~~ ()"'"'4~~<=2:. -+0 5.Jff>tY"+- I~'t\. 8. What are your comniurHty~ expectations regarding the implementation of the Sustainable Community Development Framework? \ ~f:-- ~ ~ t:::x-eJu.1'\L\~ ~ 1~eS\- i W~L'{~}'~&L. o-....d\ \r-,.r0~ecre...J-~. 'ndudL ~ Q r - \ I . Cl- IEW:.. L0 ~ ~.e.- .:;ji;.u.. ~S ~ ~Ii:lu:> dV~ 0 Page20f2 (p~).((O~ eu-d (~~, -- (h- \(\r-.~ V rb \. 9. D~ you have. any oth~r ~oughts/suggestions/observations with respect to sustainability or sustamable practices or prmcIples that were not addressed in this questionnaire that rm'ght . t th C .. . aSSIS e ommIttee m more effectIvely understanding your community and the issues involved? Jr.. 0- \cr~ G WoJ.e..[-\{- &), eo rrw"""un : ~ \ \~L-- 6-l.:L- ~ ~ed ~ ~eckd ~ -\- LDo...:\.. 6 ~ ~?~ d~CLLd. -b ~ 5)5 ~no..'cX \: *cs ec.--or--.~ ~'-- ~ -toe "::> , ~..~(~ ~/& ~ ~~ nt)6t (e-~L G- 1..I'.'d"~ L0z::(~ s.>(rCAJ ~ U-'~ ~~R-c\ , ~~C,a...\ ('e..dUel~ ~S LD\\\ ~'~'o~ ~{e.-~W k .\-\o~ 'leI: \ --to l>-) CA..Jd ~cSrl ~ ~ \ \ ~ c-0-uSC- c CL \ 0rL 6~r ~~ ~8::h~5 . Page 3 of2 Meeting Minutes Regular City Commission Boynton Beach" FL )une 3, 2008 E. Other: None XIII. UNFINISHED BUSINESS: A. Status report of existing "Green" Initiatives within the Oty of Boynton Beach and consideration of draft Ordinance to provide for "Green Building Certification Requirements". Carisse LeJeune, Assistant to the City Manager, indicated a staff review had been requested with a status update from the Green Task Force on the best practices for the City of Boynton Beach. The Task Force had completed the preliminary inventory from the Florida Green Local Government for the City of Boynton Beach. Based on the findings of the inventory, a decision could be made on whether application for certification would be appropriate. One hundred eighteen best practices or programs were implemented at no additional budget cost to the City. The action plan of the Green Task Force outlined the proposed accomplishments to be achieved by the sunset date of September 16, 2008. Commissioner Ross expressed her appreciation of the efforts of the entire Green Task Force. She cautioned that it was important to carefully research the criteria for a green ordinance and share the efforts with surrounding communities. Nancy Byrne, Assistant Development Director, reported feedback from the development community was being sought using a developer's roundtable to be held on July 18, 2008 from noon to 3 p.m. at the Intracoastal Clubhouse, including key developers in the City, representatives from US GBC and local GBC and the Florida Green Building Coalition. Concerns and incentives would be discussed. Ms. Byrne stressed that the delicate economic market conditions dictate careful consideration of the regulations. Partnering with the development community will allow the City of Boynton Beach to be an attractive community for people to build green in, while we still achieve the reduction in green house gases. Mayor Taylor commended Commissioner Ross for taking the lead on the issue and her efforts. Herb Suss, 1711 Woodfern Drive, complimented Commissioner Ross on the green initiative program and thanked her for all the donations made to the various local organizations. Mack McCray, 806 NW 4th Street, commended Nancy Bryne on her report, but questioned if the luncheon could be subsidized by one of the builders. 9 " ,rJt\ 0\ ..,"/- / \_ J;'t ~/" ,\,,,"-- - \'; I () h ~ (0) ~ " ~.",,# THE CITY OF BOYNTON BEACH GREEN COMMUNITY ALLIANCE r Strateeies to Improve, Promote ana Sustain the Tnvironrnenta{ Neerfs of tne C01n1nunity r TABLE OF CONTENTS I ntrod uction... .. . ... .. . . .. .. . ... ... . .. ." ... ... ... .., ... ... ... ... .. . .. . ... .. . .. . Page 3 Acknowledgments............................. ............... .......................... ..page 6 Land Use, Landscape and Irrigation.................................... .page 8 Transportation............................................................... .Page 27 Renewable/Alternative Energy and Fuel Utility..................... ..Page 67 Sustainable .construction... ... ... ... .,. ... ... ... ... ... ... ... ... ... ... ... ..page 79 Education.. . .. . .. . . .. . . . ... ... ... ... ... . . . ... ... . .. ... ... ... ... ... . . . ... . .. .. . . Page 94 2 INTRODUCTION On February 19, 2008 the Boynton Beach City Commission approved and adopted Resolution R08-025 establishing a Green Task Force to oversee the process of improving and sustaining the environmental needs of the community. The Commission's goal was to involve city employees and citizens in creating policies and programs that will promote environmental sustainability within the Boynton Beach Community. The Green Task Force was created to focus on areas of Public Education; Water Conservation; Waste Reduction/Recycling and Sustainable Construction, and provide recommendations to the City Commission regarding the development of a long-term environmental improvement plan to reduce carbon emissions and an assessment of our current environmental situation. This includes, but is not limited to: · Researching successful programs implemented by other communities and providing recommendations for ways to improve the environmental sustainability of City programs, service, equipment and facilities. · Proposing means to enhance water and energy conservation. · Creating incentives for residents, businesses, developers and organizations to practice environmental conservation and sustainable building. · Incorporate green building standards into the City's Land Development Regulations. · Create incentives for sustainable affordable housing developments. The Green Task Force made substantial progress in inventorying best practices both in the City of Boynton Beach and in other local level governments and provided the City Commission with a comprehensive list of recommendations which was approved by Commission on October 7, 2008. At that point is was crucial to include community input in order to complete the formulation of a Climate Action Plan for the City. The City Commission directed the City Manager to allow staff to continue working on the plan and to incorporate public participation. These alliances would allow the City to interact with residents, businesses and organizations who wish to assist in prioritizing local efforts. Based on the Green Task Force recommendation, the Community Alliance for public participation incorporated key professionals from the community including: · LEED Professionals . Architects 3 . Environmental Engineers . Landscape Architects · Transportation Specialists · General Contractors · Non-profit Environmentalists . Utility/Energy Professionals · Environmental Scientists These professionals joined together with other interested members of the community and staff members from the City's Sustainability Team, to create a Green Community Alliance that would continue the efforts of the Green Task Force and explore programs and implementation strategies for incorporation into the Boynton Climate Action Plan. The first meeting of the Green Community Alliance was held on June 1, 2009 with a total of thirty-six (36) members including twelve (12) key professionals, nine (9) citi~ens and fifteen (15) city staff. From the attending group, five (5) separate sub-teams were created to address the following Green Task Force initiatives: o Renewable/Alternative Enerav & Fuel/Utilitv · Increase use of renewable energy sources . Explore the use of alternative fuels for the existing vehicle fleet Develop energy performance contract language for RFP's . Explore an Energy Service Company partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in City and CRA buildings. Define City standards for energy-efficiency and renewable-energy criteria when assessing the housing, commercial, and transportation sectors . Develop financial, regulatory, policy, and market incentives for development of energy- efficiency and renewable-energy projects and programs, training and incentivizing green jobs, assisting existing local businesses through retention and expansion. . Identify opportunities (such as solar/photovoltaic materials) where a demand for manufacturing exists and develop an economic incentive program to attract green business to Boynton Provide incentives for clean industry [' Sustainable Construction Develop a green building program . Explore partnering with local financial institutions to create a loan fund for climate adapted, energy efficient workforce housing rent-to-own options o Land Use/Landscaoina and Irriaation . Incorporate climate change adaptation principles into the existing land-use plans Continue to partner with the Treasure Coast Regional Planning Authority on regional land-use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles (also in Transportation) Establish energy-efficiency, climate adaptability and renewable-energy criteria in the Affordable Workforce Housing ordinance, Define low impact, green development incentives Define high impact non-green development disincentives 4 0: Work with the State legislature to formulate a uniform State Tax Credit for private green buildings that meet a minimum lE:lvel of green certification through one of the nationally recognized green building programs. o Education . Expand the current recycling program through consideration of alternative methods and increasing public awareness . Foster community and citizen involvement in the development and carrying out of our local plan . Conduct a public green event; enhance the local green market activities with greater green business participation. . Develop and implement a coordinated energy education and public outreach program as well as a training program for local businesses o Transportation . Investigate workforce transportation alternatives to reduce reliance on individual transportation (Le. mobile workforce programs like teleworking; flexible work hours; 4/10 work days; carpooling policies and incentives; parking solutions) . Continue to partner with the Treasure Coast Regional Planning Authority on regional land-use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles (also in Land Use) The five (5) sub-teams met independently two (2) to four (4) times a month for a six (6) month period. The Community Alliance membership came together every two (2) months to share their progress, participate in informational workshops and presentations, and collaborate with the other teams. The following strategies represent the culmination of months of dedication, research and brainstorming to conceive implementation programs, policies and procedures that address the Green Task Force recommendations. 5 COMMUNITY ALLIANCE MEMBERS Renewable/Alternative Energy and Fuel/Utility Sub-Team David Collins Environmental Engineer CDM, Inc. Christine Roberts Asst. Dir. of Public Works City of Boynton Beach George Feldman Utility/Energy Professional Petra Direct USA, Inc. Christopher Roscheck Water Utilities Manager City of Boynton Beach Yury Konnikov Systems Administrator I Palm Beach County Debbie Majors Grants Administrator City of Boynton Beach Land Use/Landscaping/Irrigation Sub-Team Bradley Miller Urban Planner Miller Land Planning Consultants, Inc. Leo Urban Landscape Architect Urban Associates, Inc. Eric Johnson Planner City of Boynton Beach Nancy Byrne Asst. Dir. of Development City of Boynton Beach Mary Jo Aagerstoun, Ph.D. Founder and President So. Fla. Environmental Art Project Inc. Ryan Wheeler Civil Engineer, LEED, A.P. Caulfield & Wheeler, Inc. Kevin Hallahan Urban Forester City of Boynton Beach Matthew Barnes Urban Planner William Whiteford Urban Planner Team Plan, Inc. Michael Simon Development Manager CRA Sustainable Construction Sub-Team Angela Budano LEED Consultant Mine Your Own Business Betsy Chavez Architect. LEED, A.P. Architectural Services Suzanne Gitto Police Sergeant City of Boynton Beach William D. Poist, Sr. Director of Development Compson Associates, Inc Matthew Ulc/z Owner's Representative Lighthouse Construction Services, Inc. Wayne Bergman Building Official City of Boynton Beach Steve Myott Architect JMW A Architects Debby Coles-Dobay Public Art Administrator City of Boynton Beach William Wi/sher Landscape Artchitect PBC Parks & Rec. Dept. 6 LAND USE, LANDSCAPE AND IRRIGATION (LULl) ') ) ') 8 Scott Brunner CivillEnv. Engineer Broward County Traffic Engineering Division Brian Terry Landscape Architect Land Design South, Inc. Mike Rumpf Planning & Zoning Mgr. City of Boynton Beach Andrew Mack Engineer City of Boynton Beach Erin Wright LEED Consultant Environmental Dynamics, Inc. Jody Rivers Parks Supervisor City of Boynton Beach Transportation Sub-Team James Barton Civil Engineer Chen and Associates Sharyn Goebelt Dir. of Human Resources City of Boynton Beach Jeff Livergood Dir.ofPW/Engineering City of Boynton Beach Education Sub-Team Wayne Segal Director of Public Affairs City of Boynton Beach Alan Karjaleinen ITS/W ebmaster City of Boynton Beach Allan Hendricks Landscape Architect Caulfied & Wheeler, Inc. Eric Johnson Planner City of Boynton Beach Hanna Matras Economic Research Analyst City of Boynton Beach Indra Sweeney Administrative Asst. City of Boynton Beach Community Alliance Chairperson Carisse LeJeune Asst. to the City Manager City of Boynton Beach Boynton Beach City Commission 2009 Jerry Taylor, Mayor Woodrow Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner* AT-LARGE DISTRICT II DISTRICT I DISTRICT III DISTRICT IV *Special thanks to Commissioner Marlene Ross for her encouragement and support of the Green Task Force, Sustainability Team and Community Alliance. 7 LAND USE. LANDSCAPE AND IRRIGATION (LULl) The first meeting of the LUll team was held on June 1, 2009. Initially, the team was part of a larger sub-team that included building and construction considerations. It was decided, however, that due to the breadth of issues to be discussed, it was more effective to divide into two groups and to meet separately. The LUll team held six (6) meetings between June 1, 2009 and September 28, 2009. A draft report was presented to the Green Community Alliance on July 27, 2009, and a joint meeting of both the LUll and Sustainable Construction (SCAT) teams was held on August 3, 2009. The LUll team has focused its time and attention to issues primarily addressing land use, density, workforce housing, landscaping, water conservation, irrigation, site design, and incentives. Goals and Objectives The following primary goals and objectives for the City of Boynton Beach were identified by the LUll team: 1. Comprehensive Plan recommendations 2. Green/Sustainable land development, site design criteria and incentives Each goal/objective is described in more detail below. Specific language has been suggested by the LUll team pertaining to individual sections in the City of Boynton Beach Code of Ordinances. 1. Comprehensive Plan Recommendations: The entire City should be governed by "green" or "sustainable" policies that support the tier initiatives proposed by the LUll team for inclusion in the Land Development Regulations. The City should also consider expansion of the Comprehensive Plan in the form of a separate element to support the recommendations, implementation plans, and efforts put forth by the Community Alliance, Sustainability Team, and Green Task Force, including but not limited to, each entity's final reports, implementation strategies, Energy Conservation Strategies and the City's Climate Action Plan. 9 Finally, the City should develop a Master Pedestrian-Bikeway-Greenway- Blueway Plan that connects commercial activity nodes to each other and to existing/proposed residential neighborhoods. The Plan should require redevelopment and new development to build, integrate, and connect to the system through planned dedicated easements and rights-of-way Suoqested Policv Additions: Policy: Applicants for green projects should demonstrate knowledge and experience with sustainable urban planning and design principals and methods The building and site design will be expected to incorporate feasible and cost effective approaches to water conservation, ecological enhancement, energy efficiency and production, durable/renewable materials, alternative transportation method, etc. Policy: By April 21, 2010, the City shall draft "green" or "sustainable" Land Development Regulations to promote environmental sustainability and energy efficiency in the community. Policy: The "green" or "sustainable" Land Development Regulations shall consist of a series of tiers or similar sliding scale that provides a variety of incentives to promote new development, and redevelopment of existing structures and incorporates sustainable and energy efficient measures necessary to comply with Florida State Governor Executive Order 07-127 Policy: Incentives that allow a substantial increase in intensity, density, or height shall be limited to only those portions of the City that are designated for intense development, such as the Mixed Use districts. Policy: By April 21,2011, the City shall develop a Master Pedestrian-Bikeway- Greenway and Blueway Plan that connects significant commercial activity nodes to each other, residential neighborhoods and parks/open space through planned dedicated easements and rights-of-way acquired by or dedicated to the City. The Plan shall require new development and redevelopment to incorporate and connect to the system to the extent practical. (Note: Broward County is following a Master Greenway-Blueway plan that links natural areas, county parks, blueways and greenways developed as an EcoArt project. It is recommended that staff investigate this approach as a possible model.) Policy: All new public buildings shall incorporate EcoArt into the design of the site. (See Section F 2 for what EcoArt can include.) Policy: Workforce housing developments shall be eligible for both workforce housing bonus incentives and green/sustainable bonus incentives. 10 2. Green Land Development Design Criteria and Sustainable Site Design Strategies Recommendations: The entire City should be governed by "green" or "sustainable" Land Development Regulations where different "tiers" of design criteria and standards in an overlay district would provide a variety of incentives to landowners/developers, with the general idea that more "intense" incentives are reserved only for parts of the City that are designated for intense development. In order for applicants to qualify for incentives, such as expedited review, projects must meet the minimum requirements to be certified by one or a combination of the following nationally recognized green agency rating systems: · USGBC - United States Green Building Council · FGBg - Florida Green Building Coalition · NAHS - National Association of Home Builders Green Building Program (single family and multifamily homes only) *(Note: The LUll team decided not to include the Green Globes program because it appears to be a Canadian initiated program with limited information on the Web without signing up for the program, lack of information provided about design requirements, and limited examples of completed projects in the USA.) Applicants shall demonstrate to the City of Boynton Beach their intent to comply with an approved certifying agency's guidelines during the submittal/approval stages of the project. This intent may be in the form of a Developers Agreement. The Developers Agreement should be finalized at the time of final site plan approval. During construction, the applicant shall submit monthly reports to the City demonstrating project compliance. Reports shall include written statements from the appropriate registered or licensed professionals regarding the status of the project. If, during the construction process, the applicant cannot meet the original qualifications to obtain a certain certification level, the City may allow the applicant to obtain other green credits to meet the minimum requirements of a green building agency. The alternative credit(s) shall be designed and reviewed during construction by a registered or licensed professional and City staff. The City shall allow comparable minimum credits consistent with one of the above listed programs as designed by a Florida Licensed Professional (architect, landscape architect, or engineer) and approved by City staff. The credit shall be reviewed during construction by the design professional and City staff of as-built- plans. Statistics and documentation of compliance for points earned for the 11 selected program by a LEED AP or third party verification will be required before a Certificate of Occupation is issued for the project. If the applicant fails to submit a timely report, or demonstrate performance (earn a LEED Silver rating), it will result in a penalty. The penalty for failure to submit a timely report is $500 per day from the date due, 90 days after issuance of final Certificate of Occupancy. Failure to demonstrate performance will also result in a penalty. Performance must be demonstrated through an independent report provided by the appropriate governing green agency rating system that confirms achievement of the targeted level of certification. The calculation for the penalty is as follows: P= [(LSM-CE)/LSM] xCVxO.0075 Where P is the penalty; LSM is the minimum credits needed to earn a LEED Silver rating, or LEED Silver minimum; CE is the credits earned as documented through the report; and, CV is the Construction Value as set forth on the building permit for the new structure, Example: CV = $200,000,000; LSM = 33; CE = 32 P= [(33-32)/33] x 200,OOO,OOOxO.0075=$45,454.55 All penalties collected will contribute to a Green Building fund, and the funds will be used to support market adoption of green building, Minimum information required by the City for consideration as a green project: 1. Identification of green agency system and anticipated level of certification. 2. Plans and details prepared, signed and sealed by a Florida Licensed Professional indicating design and credits applied to selected green program. 3. Checklist of applied credits. 4. Statistical data, calculations, and specifications indicating how design complies with green credits indicated on checklist. Incorporate design strategies addressing site development, stormwater, wastewater, ecoart, heat, irrigation, pest control, light, and energy into a green ordinance and the land development code for application throughout the City in a tiered system and overlay district. 12 The suggested framework for the tiers should include a combination of the following design elements/standardos: A. Tier 1 - least intensive, applicable over the entire City regardless of future land use designation and type of development (existing or new or redevelopment) a. Installation of water saving irrigation systems and using captured rainwater for irrigation, fire protection and to flush toilets b. Use of permeable pavements and other innovative techniques to increase on site permeability and reduce size of on site detention basin c. Recycling/reuse of construction debris. d. Installation of pavements with solar reflective index (SRI) of 29 or higher to reduce site heat island effect e. Installation of over size native canopy trees to provide shade f. Installation of "Florida Friendly" landscaping g. Installation of solar panels. h. Integration of EcoArt principles in any green scoring system can increase the scores provided the criterion has been met. (See Section F 2 for what EcoArt can include.) Allow Tier 1 properties to "transfer green development rights" for use in areas of the City that are designated for more intense development (Tiers 2 and 3) if a certain level of green development practices are realized. A green development rights "bank" would be administered by the City (alternatively individuals who earn green development rights could own the development rights outright and be responsible for neogotiating the sale and transfer of the green development rights to an eligible developer). Receiving properties (Tier 3) could purchase green development rights if they qualified by meeting a certain level of green development standards. B. Tier 2 - next most intensive, applicable in the medium and high density and special high density residential and the office commercial, local retail commercial, general commercial and industrial land use categories. 1. Provide technical assistance and perhaps matching grant money for larger existing developments (e.g. multifamily over 150 units, commercial over 100,000 square feet) that want to incorporate items in Tier 1 and other innovative techniques such as creating green streets, green parking lots, or green/white roofs. 13 2. For new or redevelopment, allow bonus density on a sliding scale (such as a specific number or a percentage of the base density and intensity) based on a scoring system of how "green" or "sustainable" a project is Criteria to base the score on could include: a, LEED or other approved rating systems relating to energy and resource efficient site designs and systems. b. Provision of public open space that is connected to a larger network of open spaces via sidewalks and/or bikeways. Certain percentage of provided open space (35%? of the provided open space) must be deemed "useable" open space. c. Allow increased lot coverage and/or FAR for developments that have green roofs and/or provide a tree canopy over and above the code required minimum. d. Provision of community gardens. e. Provision of minimum size and certain species of street trees to create shade canopy over certain percentage of site. f. Provision of energy efficient street lights and controls. g. Provision of energy efficient irrigation and pool pumps and energy efficient pool heaters. h. Provision of on-site greenway/bikeway that connects to public system. 1. Reduced paved ways with provision of "green streets" system of stormwater management. J. Integration of EcoArt principles in any green scoring system criteria can increase the scores provided for those criteria. (See Section F 2 for what EcoArt can include.) Reduce parking requirements based on same scoring system. Allow Tier 2 properties to both "transfer green development rights" for use in areas of the City that are designated for more intense development (Tier 3 and other Tier 2 properties) if certain green development practices are realized, and receive green development rights from Tier 1 properties. A green development rights "bank" would be administered by the City (alternatively individuals who earn green development rights could own the development rights outright and be responsible for neogotiating the sale and transfer of the green development rights to an eligible developer). Receiving properties (Tier 3 and other Tier 2 properties) could purchase green development rights if they qualified by meeting certain green development standards. c. Tier 3 - most intensive, applicable in all of the mixed use land use categories in the City. 1. For new development or redevelopment, allow bonus density on a sliding scale (such as a specific number or a percentage of the base density and 14 intensity) based on a scoring system of how "green" or "sustainable" a project is. The scoring syste,m would be based on the same items in Tier 2. 2. For new or redevelopment, bonus height of either 1 story (for all mixed use categories except the mixed use core) or 2 stories (for the mixed use core FLU category) if certain score is met on the green scoring system. 3. Further reduced parking requirements based on the green scoring system. 4. Integration of EcoArt principles in any green scoring system criteria can increase the scores provided for those criteria. (See Section F 2 for what EcoArt can include. Allow Tier 3 properties to transfer green development rights from the "green bank," which is "funded" by lower intensity properties that exceed certain levels of green de~elopment criteria. Special Tier(s) - examine whether to designate certain areas on the FLU map specifically for more intense green overlay incentives. Two specific areas could include the Boynton Beach Boulevard corridor and the Heart of Boynton. Other targeted areas could be identified through citywide or area wide "charrette" type of community meetings. Perhaps include a specific "Brownfield" Tier that would convey special incentives. Perhaps use the CRA boundary as a logical green incentive area since the area has been designated for redevelopment. D. Site Development Criteria 1. Require a Construction Activity Pollution Prevention Plan in accordance with a SFWMD or DEP permit. 2. Avoid development of inappropriate sites or portions of sites that include: a. Prime farmland. b. Undeveloped land with elevations lower the 5 ft. above 100 year flood. c. With threatened or endangered species. d. Within 100 ft. of wetland (retention ponds exempt) as defined by U.S. Code of Federal Regulations 40CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule. e. Undeveloped land within 50 ft of water body, defined as seas, lakes, rivers, streams and tributaries which support fish, recreation consistent with the terminology of the Clean Water Act. f. Public parkland and open space. 15 3. Development Density & Community Connectivity a. Develop in areas with existing infrastructure and transportation systems. b. Provide pedestrian, disabled persons, and bike connectivity to public transportation and community services. c. Provide secure and protected bike storage, park benches and trash receptacles along connecting pedestrian connections. 4. Protect or Restore Habitat for Biodiversity a. Protect or relocate exiting native trees and palms on site. b. Remove invasive plants to protect natural habitats. c. Greenfield Sites limit site disturbance immediately around construction. d. Previously developed or graded sites, restore or protect with native or adapted plants. 5. Maximize Open Space. a. Exceed zoning open space requirements on development sites. b. Provide pedestrian and bike access to community open space to encourage walking, bike riding and outdoor physical activity. Design access to community open spaces keeping the non-vehicular user in the forefront of design. 6. Site Buildings to take Advantage of Natural Cooling & Ventilation a. Site building with elongated east-west direction to permit more windows on the north and south sides for day lighting, views, and cross ventilation and to provide the most roof area for current or future solar panels. b. Shade south (if no solar panels) and east and west facades and windows with trees and palms to reduce building heat gain. Provide shadow simulation model of site location to illustrate shadow coverage of trees and palms at 10 am, noon, and 3 pm on the summer solstice. c, Allow green developments to utilize the City's waiver process (instead of a variance) for variations to site development criteria such as setbacks, that are necessary to allow the proposed building to take advantage of natural cooling and ventilation features of the site. 16 7. Green Power. a. Use of wind, solar cells, geothermal or low-impact hydro source for power and solar heat pump for domestic hot water. b. Purchase of Renewable Energy Certificates or Tradable Renewable Certificates. c. Encourage underground power lines to avoid conflicts with trees that provide shade to reduce heat island effect from paved and building surfaces. d. Protect existing trees when locating utility lines. E. Stormwater Design 1. Provide quantity and quality control as require by applicable codes and green agency standards. 2. Storl1lwater Management Plan to comply with the most recent update of the "Stormwater Best Practice Design Guide", EPA/600/R-04/121A, and South Florida Water Management District "Management and Storage of Surface Waters Permit Information Manual", Volume IV, and Statewide Stormwater Rule, when adopted. 3. Promote infiltration, vegetated roofs, pervious pavinglgrid pavement, rain gardens, French drains, exfiltration trenches, construct wetlands with littoral plantings, bioswales, swale traffic islands with curb openings, permeable pavement or stone for car overhang areas, provide curb openings or wheel stops to allow stormwater to drain into vegetated swale areas. 4. Encourage rain gardens, water sculpture gardens, and using on site bioremediation and bioretention techniques for purification of stormwater, chiller condensate water and reclaimed waste water using microorganisms and plants to remove contaminants from stormwater and soils. 5. Capture rainwater from roof tops, paved surface areas and chiller condensate, store in cisterns and treat naturally or mechanically for reuse to flush toilets and urinals, fire suppression and for landscape irrigation. 6. Use permeable pavements, washed stone base retention under pavements and underground rain tank retention in stormwater calculations to reduce detention/retention basin size and required stormwater structures and offer developers an increased building density incentive. 7. Use permeable pavement for sidewalks to promote stormwater infiltration and to support street tree survival and provide shade. 17 8, A minimum of 50 percent of all paved surface areas on a site shall be pervious pavement. F. Ecological Art 1. EcoArt planning and design should be included in the initial stages of all projects; and is expected to be site specific and integrated with projects' environmental context, contributing to other sustainable or regenerative aspects of the plan or building. 2. EcoArt includes: a. Art that can inform and interpret nature and its processes or educate the public about environmental problems and solutions, b. Artwork that can be connected with nature through forces powered by water, wind, lightning and other natural phenomena. c. Artwork that assists in reclaiming and remediating damaged environments and/or restoring ecosystems in artistic ways. d. Establishing new ways to connect with the environment through art e. Use of artistic means to provide shade and renewable energy. f. Use of artistic ways to capture, purify and re-use stormwater. g. Use of artistic ways to clean and re-use grey and black water. h. Although the City Art in Public Places program currently requires 1 % of construction value of the project to go toward the cost of public art; and EcoArt is an acceptable form of public art, to receive additional credits under green scoring criteria, EcoArt should considerably surpass this 1 % required value. G. Innovative Wastewater Technologies 1. Capture and store graywater for reuse in irrigation, fire protection, toilets, and urinals. 2. Treat black water on-site to tertiary standards using packaged biological nutrient removal systems, constructed wetlands using plants and gravel to further purify the water for reuse for irrigation, for on site infiltration to replenish groundwater and, if Health Department approves, to flush toilets and urinals, H. Heat Island Effect 1. Provide a combination of the following strategies for site hardscape including roads, sidewalks, courtyards and parking lots for 50% or more a. Shade paved surfaces within 5 years of occupancy. b. Paved surfaces with a Solar Reflective Index of a least 29 or better. 18 c. Open grid pavement system. d. Shade with trees/pa.lms, trellises, living walls, or other shade structures, building facades, windows, walkways and access drives to reduce heat gain in buildings and associated energy demand. e. Provide under roof parking with SRI of 29 or greater or green roof. f. Provide street tree plantings to provide shade on roadways and public sidewalks. 2. Follow University of Florida IFAS standards for planting street trees adjacent to paved areas and volume of soil required to sustain ultimate size trees/palms. 3. Use FPL standards for planting in proximity of overhead power lines and adhere to applicable State statutes. 4. Street Tree/Palm pruning and care shall comply with the International Soci~!y of Arboriculture (ISA) Standards. 5. Provide shadow simulation model of site location to illustrate shadow coverage of vegetation at 10 am, noon, and 3 pm on the summer solstice to document shaded areas. I. Water Conservation & Irrigation 1. Reduce potable water or other natural surface or subsurface water resources available on site or near project site for irrigation. 2. Reduction shall be attributed to a combination of the following methods: a. Use of drought tolerant native and adaptive plant species. b. Irrigation head efficiency. c. Irrigation controller efficiency sensor (smart controller and/or soil moisture sensors). d. Use of captured rainwater & chiller condensate water. e. Use of gray water or recycled wastewater. f. Use of water treated and conveyed by a public agency specifically for non-potable uses. 3. Use "Florida-Friendly" drought tolerant native or adaptive plants with lower water and maintenance needs (no invasive plants). Planting designs shall comply with City adopted "Florida-Friendly Ordinance" S8 2080. Use high-efficiency equipment and climate based controllers, captured roof or parking lot storm water, chiller waste water, gray water and store in cisterns for re-use for irrigation. Use mulch, groundcovers, wildflowers and native grasses in place of sod. Do not use cypress mulch. 19 K. Light and Energy Use Reduction 1. Projects to be classified under zones as defined by IESNA RP-33 for light trespass design criteria and site lighting densities as defined by ASHRAE 90.1-2004 (Table 9.4.5). 2. For sites that have a SRI of 29 or more for paved parking areas provide foot candle calculations that indicate the reduced energy demand for increased pavement reflectance. 3. Illustrate foot candle reduction resulting form buildings, walls, trees, etc. on light trespass reduction onto adjacent sites. 4. Use efficient site lighting such as down reflected LED, Fluorescent and Metal Halide fixtures in 3000K range lighting sources or use of solar powered street lights, motion activated lights, set on timer and with cut off luminaries. 5. All exterior building grounds luminaries that operate at greater than 100 watts shall contain lamps having a minimum efficacy of 60 lumens per watt unless the luminaries is controlled by a motion sensor or qualified for one of the exemptions under Section 13-415.0 and 13-415.ABC.. ABC.2.2 of the Florida Building Code. 6. Use energy efficient pool/filter and irrigation pumps and solar pool heating circulated with a solar powered pump or Energy Star rated heat pump L. Innovative Site Design 1. Encourage the use of innovative methods and green products over and above the highest standards in the code and award incentiveslpoints for creative site design. The green industry is continually changing with new materials and products introduced into the market every day. 2. Encourage the continuation of suitable green methods established on adjacent properties. Recommendations: The City shall offer incentives to applicants who demonstrate their intention to obtain certification for a building or project from an approved "green" building agency. This intention shall be demonstrated in the form of a Developers Agreement between the City and the applicant. Incentives shall be based on the merits of the project. 21 The City shall annually publish, and update as necessary, a list of approved green building agencies and stand~rds. The incentives must allow a developer to meet the specifications of at least one agency approved by the City. Possible incentives to include: Below is a list of potential incentives the City can provide green projects: 1. Expedited Review a. Intent to comply with an approved certifying agency's guidelines required (e.g. Developers Agreement). b. Based on sliding scale of the following factors: building size (sf), number of units, lot size, environmental impact, etc. c. Based on zoning/land use consistency and Citywide impact of development. 2. Reduced Fees a. Based on sliding scale of intensity/density of proposed project. b. Reduce fees (Planning & Zoning; Building; Utilities; Fire; Recreation & Art in Public Places) allowed due to rigorous review and building commissioning required by certification agencies. 3. Bonus Development a. City retains the right to allow certain development benefits. b. Based on the proposed green aspects of the proposed project. c. Additional density based on the Tier system. d. Additional FAR based on the Tier system. e. Additional building height based on the Tier system. f. Reduction in required parking as swap for green space. 4. Matching Grant Funding and Assistance a. City can match all, or a portion, of grants that a proposed green project may obtain from the county, state, and federal levels. b. City can assist applicant with obtaining grants for the proposed project. 5. Reduced Meetings a. If land use and zoning are consistent, City Council meetings may not be necessary. Site Plans could be reviewed and approved administratively or by the Planning and Development Advisory Board. b. Based on size and scope of project. 22 6. Focus Groups a. Conduct focus group or workshops with interested parties to exchange information and ideas to accomplish green community development. 7. Tax Exemptions a. Green projects may be eligible for local tax exemption if the applicant can provide market analysis for job creation and an overall viable development. b. Follow CHAPTER 23, ARTICLE V - Tax Exemptions for Green Building Projects, attached as Exhibit A. 23 EXHIBIT A (Proposed Tax Exemptions for Green Building Projects) CHAPTER 23, ARTICLE V - Tax Exemptions for Green Building Projects Sec. 23-55. Definitions. As used in this article, the following words and phrases shall have the meanings set forth below: GREEN BUILDING PROJECT - New development projects that incorporate the practice of increasing the efficiency with which buildings use resources, including: energy, water and materials - while reducing building impacts on human heatth and the environment during the building's life cycle , through better siting, design, construction, operation, maintenance, and removal. IMPROVEMENT - Repair, construction or reconstruction, including alterations or additions, having the effect of rehabilitating a property so that it becomes a green building project and conforms to a nationally recognized green building standard and rating system. Ordinary upkeep and maintenance shall not be deemed an "improvement." LOCAL GOVERNING BODIES - The City Commission of Boynton Beach, Florida and the Boynton Beach CRA. LOCAL TAXING AUTHORITIES - The City of Boynton Beach and the Boynton Beach CRA. Sec. 23-56. Designated exemption areas. A. For purposes of determining tax abatement areas within the City of Boynton Beach, the City Commission of Boynton Beach has designated properties within the City limits in accordance with the plan attached as Exhibit A. B. For purposes of determining tax abatement areas within the Boynton Beach CRA, the Boynton Beach CRA has designated properties within the CRA limits in accordance with the plan attached as Exhibit B. 24 Sec. 23-57. Amount of exemption. The amount to be exempted shall be limited to the additional valuation attributable to the actual costs of improvements. Sec. 23-58. Exemption schedule. A. Exemptions granted under this article shall be as follows: Exemption Year (percent) 1 1 00% 2 80% 3 60% 4 40% 5 20% B. The exemption from taxes granted under this article shall be upon the property and shall not terminate upon the sale or exchange of the property. Sec. 23-59. Notice to taxpayers; application for exemption; required information. A.There shall be placed on the form application for the building and zoning permits the following: Notice to Taxpayers Under the provisions of the City of Boynton Beach Ordinance No. XX- _, you may be entitled to a property tax exemption on your contemplated green building project. An application for exemption may be secured from the and must be filed with the City Clerk of the City of Boynton Beach at the time a building permit is secured. B.At the time a building permit is secured for the construction of an improvement for which an exemption is requested, the taxpayer shall apply to the City of Boynton Beach City Commission for the exemption provided for in this article, Request for the exemption must be in writing, certified in full as prescribed by the City of Boynton Beach, setting forth the following information: (1) The date the building permit was issued for said improvements, (2) The type of improvement. (3) The summary of the plan of the improvement, including the desired green building rating system and desired level of green building certification (4) The cost of the improvement. (5) Any or all such additional information required. 25 Sec. 23-60. Procedure for obtaining exemption; appeals. A copy of the request for exemption shall be forwarded to the [tax assessor?] by the City of Boynton Beach. Upon completion of the improvement or new construction and certification of the green building project, the taxpayer shall notify the City of Boynton Beach so that it may have the Assessor assess the improvements separately for the purpose of calculating the amount of assessment eligible for tax exemption in accordance with the limits established in this article. The City of Boynton Beach will then obtain from the Assessor the amount of the assessment eligible for exemption and will notify the taxpayer. Appeals from the reassessment and the amount eligible for the exemption may be taken by the taxpayer or the City of Boynton Beach as provided by law. Sec. 23-61. Termination. Unless otherwise repealed by the City of Boynton Beach City Commission, this article shaU terminate on . Nothing contained herein shall act to prohibit the City of Boynton Beach City Commission from enacting a similar ordinance or extending this one. Any property tax exemptions granted under the provisions of this article shall be permitted to continue according to the exemption schedule even if this article expires or is repealed. 26 TRANSPORTATION 27 1 '} '} TRANSPORTATION The Transportation Sub-Team was' created as one of the task teams resulting from City of Boynton Beach Green Task Force. The Transportation Sub-Team was charged with addressing the following two (2) Green Task Force Initiatives: 1. Investigate workforce transportation alternatives to reduce reliance on individual transportation (Le. mobile workforce programs like teleworking; flexible work hours' 4/10 work days; carpooling policies and incentives; parking solutions) 2. Continue to partner with the Treasure Cost Regional Planning Authority on regional land-use plans incorporating climate change adaptation, vehicle miles traveled reductions, and increased energy efficiency principles (also in Land Use) Early on in the process, the Transportation Sub-Team began discussing the various transportation issues and opportunities associated with Transportation Green Initiative #1, and developing potential programs, policies, strategies and recommendations for near-term and long-term implementation. The Sub-Team formulated a working philosophy that the city (city staff) should take the lead on implementing many of the identified initiatives and strategies, and use what is learned from those internal city activities to expand the programs out into the general Boynton Beach Community. The first Transportation Green Task Force Initiative outlined above was the first of several transportation strategies evaluated by the Sub-Team. The second initiative pertaining to coordination with the Treasure Coast Regional Planning Authority was later determined to be an activity to be undertaken by City of Boynton Beach Planning Staff rather than by the Transportation Sub-Team, so therefore the Transportation Sub-Team focused on the first initiative, and other newly identified initiatives. TRANSPORTATION GREEN TASK FORCE INITIATIVE #1: Investigate workforce transportation strategies to reduce reliance on individual transportation Early on, the Transportation Sub-Team believed that the above initiative should be re-worded and modified to be more specific and quantifiable. The new working version of the initiative was renamed as a "strategy" and modified as follows: 28 STRATEGY T-1: Reduce City of Boynton Beach employee vehicle miles traveled (vmt) and vehicle hours traveled (vht) through implementation of city-initiated programs The Transportation Sub-Team spent the first several team meetings researching, investigating and evaluating various potential programs and strategies that would support the overall goals and objectives of Strategy T -1. With each bi-weekly Sub-Team meeting, many concepts were identified, researched and discussed by the Sub-Team Members, with several concepts moving forward for favorable consideration and evaluation, while a few other concepts were eventually eliminated from further consideration. In conclusion, twelve (12) sub-strategies to "Transportation Strategy T-1" were identified for immediate implementation, future implementation, or further consideration and evaluation. The twelve sub- strategies, and the current status of the action taken on these items, are discussed below: Strategy T -1-1: Adopt a City Car Pooling Policy & Guidelines Researching and implementing an employee carpool program and corresponding carpool policy manual was one of the first tasks undertaken by the Transportation Sub-Team. Several members of the Sub-Team actually started their own carpool program to familiarize themselves with carpooling, and to directly evaluate and report its operations to the rest of the Sub-Team. The Sub-Team also researched and evaluated other carpooling/ridesharing programs, and consulted with the Florida Department of Transportation South Florida Commuter Services organization for technical assistance and insight. Based on the research performed, the Sub-Team has produced a draft City of Boynton Beach Car Pooling Policy & Guidelines for city employees (Exhibit 1). The Transportation Sub-Team recommends that the draft Car Poolino Policy & Guidelines be further refined and approved bv the City Administration and ultimatelv incorporated into the city's final Climate Action Plan. Strategy T-1-2: Implement GIS-Based Employee Car Pooling Program & Electronic Bulletin Board In conjunction with Strategy T-1-1, the Transportation Sub-Team wanted to accomplish the start of a formalized Car Pooling Program for city staff utilizing a GIS-based locational system and electronic bulletin board that would allow potential carpoolers to identify potential employees who live near by or along their commute route, and contact each other electronically. The first steps of the pilot program are already in process, and technical coordination has been made to solicit the assistance of South Florida Commuter Service (SFCS) in developing the system. An initial "email-blast" survey performed in October resulted in 89 initial respondents for the program (attached as Exhibit 2), Next steps include the following based on coordination with South Florida Commuter Services: 29 1) Create a 12-month calendar with initiatives. 2) Design an Action Plan to includ~: a) Scheduling of a "Transportation Day Event" for city employees in January 2010. i) Include representatives from Palm Tran, Tri-Rail and Van Pooling. ij) Invite the employees to "meet their carpool match." jii) Provide employees with a "Transit Try-If free ticket for Palm Tran or Tri-Rail. b) Implement the carpool/vanpool preferential parking program (SFCS will provide signs and administer the program). c) Implement program for new city hires to be provided with a packet regarding alternate methods of transportation. d) Establish a location in City Hall and the Library to include posters and brochures regarding alternate methods of transportation. e) Distribute a quarterly correspondence via email to city employees encouraging employees to modify their current commuting practices and consider alternate modes of transportation. f) LaunCh a web site linked to the main SFCS webpage for City employees. The Transportation Sub-Team recommends that the above-described Employee Car Poolino Proaram and Electronic Bulletin Board Prooram be formally evaluated and approved bY the City Administration and ultimately be incorporated into the final Climate Action Plan. The Transportation Sub-Team also recommends that a Post-Implementation Report be provided to the City Administration approximately one-Year after implementation of the proaram. Followino the first-year implementation period; and presentation of the Post- Implementation Report. a community outreach prooram should be initiated to encouraae maior emplovers within the City of Boynton Beach to undertake similar carooolino proorams. Strategy T-1-3: Develop and Adopt a High-Occupancy Vehicle Incentive Program through Preferred Parking Incentives, etc. Consistent with Strategies T-1-1 and T-1-2, the Transportation Sub-Team recognized that a City Ridesharing Program could be enhanced or further facilitated by an associated incentive program. One of the most feasible incentives was the concept of preferential parking provided for carpool vehicles at city office buildings, and possibly even the creation of "carpool teams" that could devise unique competitions and programs for encouraging carpooling among staff. The Transportation Sub-Team did not reach a final recommendation on exactly what incentives should be implemented, but recommended that a special task team or subcommittee be created to further evaluate and determine the details of such an incentive program. The Transportation Sub-Team therefore recommends that preferential parkino or other incentives be formallY evaluated by a special task team. and that the Citv Administration approve the creation of such a task team for this purpose. 30 Strategy T-1-4: Adopt a City TelEtcommuting Policy Manual The Transportation Sub-Team identified the concept of "telecommuting" as a potential trip-reduction, energy-saving and cost-reduction strategy that is currently being utilized by both public sector and private sector entities. The concept involves city employees working at home for designated periods and completing their work tasks via internet or phone communications. Because this concept involves employees working from home and not on city-owned property, there are several legal and policy issues that need to be considered. Also, given the current economic and budgetary environment in which many public agencies are facing reductions in work force, it is recognized that now may not be a particularly good time to have employees not physically visible on-site, even if there are some environmental and economic benefits in doing so. Nevertheless, telecommuting can be a beneficial cost-saving and energy-saving strategy under the appropriate parameters. At this time, the Transportation Sub-Team has drafted a City Telecommuting Policy Manual (Exhibit 3). The Transoortation Sub-Team recommends that the draft Telecommutina Policy Manual be refined. and a final version be oresented to the City Administration for adootion. Strategy T-1-5: Adopt a City Policy for all City Operations to Reduce Miles Traveled and Hours Traveled by Considering Efficiencies in Scheduled Meeting Times and Locations The Transportation Sub-Team identified the daily travel operations of city staff, particularly with regards to inter-departmental meetings and field visits, as an area in which vehicle miles and vehicle hours traveled by city staff could be reduced. The Sub-Team determined that with adequate advanced planning and some modest technology improvements, the amount of time and vehicle miles traveled by staff could be reduced by eliminating and/or better consolidating meeting attendance and travel. In response, the Transportation Sub-Team has drafted a set of City Operational Procedures to Reduce Vehicle Miles Traveled and Vehicle Hours Traveled. (This draft document is attached as Exhibit 4). The Transoortation Sub-Team recommends that the draft of the Ooerational Procedures Manual be further evaluated and refined bY city staff. and a final version be oresented to the City Administration for adootion. Strategy T-1-6: Develop a Vehicle Idling Policy for All Applicable City Vehicles The Transportation Sub-Team researched and determined that many governmental agencies have recently adopted vehicle idling policies in order to reduce fuel consumption and reduce greenhouse gas emissions, Certain types of city vehicles, such as police cruisers and other vehicles that must remain on in order to support various types of energized communications and power equipment would be exempt from the policy, however, it is anticipated that such a 3] policy would be applicable to a significant portion of the city's vehicle fleet. After researching similar policies enacted by other government agencies, the Transportation Sub-Team has prepared a draft City of Boynton Beach Vehicle Idling Policy, attached as Exhibit 5. The Transportation Sub-Team recommends that the draft policy be presented to the City Manaaer for approval. Strategy T-1-7: Implement Compressed 4-Day Work Week for City Employees (already implemented by City). This strategy, which is aimed at comprehensively reducing overall operational and energy costs by compressing most city business activities into a four-day regular workweek, was already in the process of being implemented by the city when the Transportation Sub-Team was formed. The four-day work week has now been formally implemented by the city, and preliminary reports indicate a reduction in monthly FPL electric energy usage by approximately 22%. A follow- up survey is scheduled to be sent to approximately 140 city staff-members on December 1J. 2009 to gather input and feedback regarding the implementation of the 4-day workweek. Strategy T-1-8: Evaluate (and Adopt if Feasible) a Furlough Policy to Close City Offices for One Full Week a Year as an Energy Cost and General Cost Reduction Strategy This strategy, which is being considered for implementation by many governmental agencies, is aimed at comprehensively reducing energy and transportation-related costs by creating a mandatory furlough period by closing all non-essential city business activities for a full week, such as around the winter holidays (nine consecutive calendar days); or by some other means. The Transportation Sub-Team is presentina this concept as a potential areenhouse aas and eneray-reduction strateay. However. due to the fact that it has a direct financial impact on some. but not all city employees. no specific recommendation is beina provided by the Transportation Sub-Team other than it be further evaluated by city staff as a possible areenhouse aas and eneray reduction strateay. and only if the upcomina budaet process demands a need for this tvpe of initiative. Strategy T-1-9: Evaluate (and Implement if Feasible) Provision of Alternate and/or Fuel Efficient Vehicles (such as Segways or Hybrid Vehicles) for Short-Distance Trips Made by City Employees (concepts being discussed - suggested policy to be drafted) As an extension of Strategy T-1-5, the Transportation Sub-Team determined that any necessary trips required to be made by city staff that could not be otherwise eliminated or consolidated, and also do not require specialized vehicles (such as police vehicles or construction vehicles), be made using alternate or fuel-efficient fleet vehicles ("pool cars"). Very short trips could be made using SmartCars or 32 even possibly Segways. The determination of what types of vehicles should be introduced into the fleet would require an economic life-cycle analysis, but it is intuitive that larger-size, high-maintenance and low mpg vehicles should not be used for routine trip making by city staff. The Transportation Sub-Team recommends that a Task Team be created to specificallv analvze and evaluate potential beneficial chanaes to the city fleet's vehicle mix in order to phase out low mpo vehicles for more fuel efficient vehicles. and potentiallv implement alternative vehicles such as SmartCars. Seaways and bicvcles. Strategy T-1-10: Further Research and Provide Recommendations Regarding Bicycle Amenities for City Staff as Part of Facilities Planning and Capital Budget Processes The Transportation Sub-Team identified a probable need for better on-site bicycle amenities at city facilities. It is recognized that the South Florida climate is not very conducive to bicycle commuting, however, commuter bicycle trips may be increasing due to economic conditions and the increased availability of bike racks on Palm Tran busses and Tri-Rail for which potential bike commuters can vary the proportion of their trip based on how much they want to bike versus how much they want to take advantage of transit. Either way, the bike/transit trip does not require the use of a privately owned automobile. The Transportation Sub-Team therefore recommends the followino: 1. Provide secure bike lockers and bike racks at all city office facilities. 2. Provide, where feasible, office shower facilities for bicycle commuters. 3. Provide biking incentives such as city-owned commuter bicycles available to city employees, helmets, t-shirts, training and safety sessions. 4. Establish an information program (possibly a bicycle-club program) that could put potential bicycle commuters in contact with each other. Strategy T-1-11: Further Research and Make a Recommendation Regarding "Shuttle" between the Boynton Tri-Rail Station and City Offices The Transportation Sub-Team has identified potential deficiencies regarding existing surface-transportation service to the Boynton Beach Tri-Rail Station located in the northwest Quadrant of the 1-95 @ Gateway Boulevard interchange, The Sub-Team noted deficiencies in bus service and headways, and very limited other types of circulator service connectivity to this station, which generally makes it undesirable for City of Boynton Beach commuters. The Transportation Sub-Team recommends the followina tasks be undertaken bv a future Task Team: 1, Research and evaluate current transit service routes and headways serving the Tri-Rail Station. 2, Investigate the needldemand for connectivity between the station and City of Boynton Beach City Offices. (A spare city vehicle can be used to "shuttle" city employees back and forth. The idea of an older, used police vehicle, nicknamed "Copper- Hopper," was discussed for this purpose), 33 3. Investigate and evaluate other potential linkages between this Tri-Rail station and other major employment, commercial and recreational destinations that could benefit from improved connectivity. 4. Determine if a city-initiated "shuttle" between the station and city offices is viable. 5. Initiate a public outreach program to major city employers and commercial centers to potentially support andlor participate in establishment of local connector service to the station. 6. Solicit the assistance of South Florida Commuter Services in carrying out Tasks 1 through 5 above. Strategy T-1-12: Further Research and Provide Future Report on Potential Feasibility of Workforce Housing, On-site Day-Care, In-house Cafes and Other Trip-SavinglTime-Saving Capital Amenities. The Transportation Sub-Team has identified several potential strategies that would reduce and consolidate employee trip-making demand relative to home- based trips and non-home-based trips associated with the daily office routine. In addition to travel time and fuel reduction, these strategies could potentially make employment at the City of Boynton Beach more attractive and more economical for current and future potential employees of the City. These strategies will require research, planning and capital investment to implement. The Transportation Sub-Team recommends the followina tasks be undertaken bva future Task Team: 1. Research, evaluate, and make recommendations (including funding mechanisms) for attainment of workforce housing units for City employees. 2. Investigate the need and financial feasibility for establishing an on-site day-care facility for the children of city employees. 3. Investigate and evaluate on-site services and amenities, such as on-site cafes, coffee-shops, dry-cleaning pick-up & delivery services, etc. Strategy T-2: Evaluate and Improve City-Wide Bicycle Facilities Network The Sub-Team has identified the city's bicycle facilities network as an area that can assist in the reduction of single-occupancy vehicle use, reduce emissions, provide commuter trip-making as well as recreational and social trip opportunities, and assist the transportation disadvantaged. The Transportation Sub-Team recommends the followina tasks be undertaken bv a future Task Team: 1. Research and evaluate the city's Comprehensive Plan, Bicycle Facilities Plan and Greenways Plan as it pertains to bicycle facilities. 2. Research and evaluate the city' Land Development Regulations pertaining to requirements and policies relative to developer provision of bicycle facilities and amenities. 34 3, Research and coordinate with FDOT and Palm Beach County regarding bicycle facilities on their juri$dictional roadways. 4. Research and evaluate feasibility of establishing designated bike routes/greenways along South Florida Water Management District (SFWMD) canal rights-of-ways (such as the C-16), and canal rights-of- ways of other drainage agencies. 5. Identify ways to improve amenities for city employees that bike to work 6. Investigation with Police Department to identify high bicycle crash areas 7, Evaluate and develop potential bicycle linkages between major employment, commercial and recreational destinations. 8. Perform preliminary "opportunities & constraints" assessment of existing city bicycle network. 9. Develop an interactive bicycle map website for city-wide bicycle facilities, routes and destinations, including input provided by cyclists, and a bicycle hazards and "road rage" reporting link. 10. Provide specific recommendations for the development of an integrated Citywide Bicycle Master Plan. 11. Provide specific recommendations regarding the city's Land Use Recommendations pertaining to developer-funded bicycle facilities and amenities. 12. Grant the city the authority to require, where feasible, that logical and/or potential bicycle route linkages be dedicated by right-of-way dedications or easements by new development or redevelopment. Such authority shall be granted and specified by City Ordinance, and further supported by the city's Land Development Regulations. 13. Provide recommendations on creating a City Bicycle Facilities Map with routes, "bike friendly corridors" and potential bicycle points of interest. 14. Provide recommendations on a city-initiated bicycle safety program. 15. Identify potential grant funding sources for bicycle facilities enhancements and safety programs. Strategy T -3: Develop Comprehensive Planning Objectives and City Land Development Regulations to Support Federal Initiatives pertaining to Complete Streets The Safe and Complete Streets Act of 2008 was introduced by U.S. Representative Doris Matsui on May 2, 2008 for the purpose of making the nation's roadways accessible to alternate modes of transportation, and ensuring that roadways are designed and operated to enable safe access to motorists, pedestrians, cyclists, and riders of public transit. The act requires states that receive federal funding for roadway improvement projects to implement Complete Street policies. These policies would ensure that any new road construction or rehabilitation efforts would accommodate the safety and convenience of all users of the transportation system. It is intended to improve pedestrian safety for nearly one-third of Americans who do not drive; encourage healthy and active lifestyles; and fight climate change and reduce greenhouse 35 gas emissions by encouraging people to drive less. Although there are specific regulations pertaining to federally-fynded projects, the concepts are far-ranging, and represent best practices for sustainable communities and livable streets at all levels. In response. the Transportation Sub-Team recommends the followina tasks be undertaken bv a future Task Team: 1. Monitor Federal and State legislation, regulations, policies and guidelines pertaining to Complete Streets concepts. 2. Incorporate Complete Street concepts into all applicable aspects of the city's Comprehensive Planning Process, including Evaluation and Appraisal Reports. 3. Draft City Ordinances supporting the implementation of Complete Streets concepts. 4. Develop a city guide of recommended practices regarding the planning, design, implementation and operation of Complete Street concepts. 5. Develop specific minimum standards and criteria for Complete Streets to ,~be incorporated into the city's Land Development Regulations. Example criteria include: a. Pedestrian friendliness b. "Green" cross-sections c. Reduced lane widths d. Swale medians e. Tree canopies to reduce heat island Strategy T-4: Encourage Utilization of Solar-Power and Light-Emitting Diode (LED) Equipment for Transportation Infrastructure The Sub-Team has identified solar-power and LED lighting fixtures as ways to reduce energy consumption associated with the transportation system. Solar- power and LED lighting is supported by the Florida Department of Transportation and the Palm Beach County Traffic Engineering Division for traffic signal applications when feasible. The use of LED signal modules for all traffic signals (red, yellow, green and pedestrian signals) is now standard practice. LED and solar-applications are strongly related because the input power requirements of LED signals is approximately 10% - 30% of that of traditional incandescent bulbs, thus making the use of relatively small 1 OW & 20W and solar-power units much more practical and cost-effective. The combination of solar-power and LED fixtures are also starting to be utilized for traditional street lighting and illumination of transportation and transit facilities (refer to attached white paper, Exhibit 6). The Transportation Sub-Team recommends the foJlowina tasks be undertaken bv a future Task Team: 1. Research and evaluate solar-power and LED transportation system equipment. 2. Investigate LED street lighting programs and incentives by Florida Power & Light (FP&L) and others. 36 3. Evaluate potential city policies/land development regulations and incentives for use of solar-power and LED lighting on public and private-sector projects. 4. Investigate potential economic stimulus grant funding sources for pilot projects. 5. Adopt city policy on encouraging solar-power and LED use on public & private sector projects. 6. Recommend amendments to Land Development Regulations to require or encourage solar-power and LED use for transportation facilities. 7. Coordinate a LED street light pilot project with FPL or other agency Strategy T.S: Implement Traffic Engineering Improvements (or Enhancements) along Congress Avenue between Gateway Boulevard and Woolbright Road The Sub-Team has identified the Congress Avenue Corridor as a significant multi-modal corridor within the city that experiences high levels of traffic volume and congestion during peak hours. Relatively modest operational improvements along this corridor could result in potentially significant reductions in delay and emissions. The Sub-Team has begun exploring various potential approaches for minimizing congestion, improving traffic flow, and reducing peak hour travel demand. The Transportation Sub-Team recommends the followina tasks be undertaken bv a future Task Team: 1. Coordinate with the Palm Beach County Traffic Engineering Division on exploring potential signal system enhancements to the corridor including video detection, CCTV surveillance, and improved signal coordination and synchronization. 2. Investigate grant funding opportunities for corridor traffic system improvements. Strategy T.6: Create Transportation Management Association (or Alliance) of Commercial Interests along the Corridor to Develop a Trip Linkage Strategy The Sub-Team has identified the Congress Avenue Corridor as containing significant commercial generators with relatively nearby residential clusters that could conceivably benefit from an organized approach to linking various shopping and social-recreational trip-making. Various retail establishments including large retailers, the Boynton Beach Mall, the movie theater complex, and dozens of restaurants likely have sufficient synergy to generate trips that could be locally linked in order to reduce unnecessary short-length trip making within the corridor. The Transportation Sub-Team recommends the followina tasks be undertaken bv a future Task Team: 37 1. Identification of potential "common ground" to begin discussions with the major commercial interests along the corridor regarding transportation management. 2. Investigation to see if any of the major retailers have participated in similar transportation management associations in other parts of the State or Country. 3. Identification of potential transportation services, routes, stops and incentives that could be shared by the various commercial interests. 4. Research and investigation of other similar successful programs. Strategy T-7: Develop City-Wide Multi-Modal Map that Illustrates Deficiencies and Opportunities related to Transportation and Land Use Integration The Transportation Sub-Team has identified the potential benefit of creating a citywide maQ that illustrates various multi-modal routes (including Tri-rail, bus transit, trolley, bicycle and pedestrian routes) as an overlay to a land use map that depicts key destination areas, traffic generators and transportation hubs (including major employment centers, retail centers and recreational areas). The purpose of the mapping effort would be to identify possible "desire-lines" of transportation-land use interactions, identify significant deficiencies in terms of facilities and linkages, identify opportunities and obstacles to the development the linkages, and develop specific recommendations for future study. The tasks that are being considered at this time include: 1. Create a Multi-Modal Transportation-Land Use Relationship Map. 2. Identify potential "desire-lines" of transportation-land use interactions. 3. Identify significant deficiencies in terms of facilities and linkages. 4. Identify opportunities and obstacles to the development of the linkages. 5. Produce Multi-Modal Transportation-Land Use Relationship Map (First Draft for Future Enhancement). 6. Provide specific recommendations on areas for future study. 7. Provide recommendations for Comprehensive Planning and/or Land Development Regulations. 38 Exhibit 1 \...\ r....' fl. r--r- I ~ )1 D) I ~ \ I ~i -I ~ ~JI_, !. Car Pooling Policy and Guidelines for the City of Boynton Beach A. PURPOSE To ensure that the City of Boynton Beach pursues carpooling as an alternative method of transportation due to its direct and indirect relation to the current policies aimed at preserving our natural resources. Carpooling is a strategy which positively affects the design and environmental impact of parking as an integral part of a commitment to "go green" B. ISSUE The growing need to offer viable transportation alternatives is paramount to reducing the impact of vehicle emissions on air quality and the daily occurrence of traffic congestion on the interstate, county highways, and city streets, C. POSITION The City of Boynton Beach shall proactively work to develop and implement policies that.meet its primary goal of providing services to the citizens of the City of Boynton Beach. In addition to our policies currently in place for energy and water conservation as well as recycling, carpooling offers the next opportunity for the City to support more environmentally and economically sustainable practices that enhance the city-wide plan for resource conservation. The City of Boynton Beach promotes carpooling on a voluntary basis. By participating in a carpool group, employees help reduce the amount of parking spaces needed at City Hall, our parks and other facilities may lower construction costs, reduce C02 emissions thus improving air quality and improve the overall physical health and mental well being. D. DESIRED OUTCOME Establish carpooling as the alternative approach to single car occupants in order to promote a healthier environment and reduced stress levels among employees improving performance of all building occupants. To influence environmentally and economically sustainable practices through the design of new and existing facilities, which may result in lower construction and maintenance costs, POLICY OUTLINE 1. Definition of Carpooling Carpooling is different from ridesharing. A rideshare is a personal arrangement to be driven regularly and not a formal commitment to share commuting responsibilities. Carpooling involves a mutual and reciprocal exchange of time and resources. Each member should drive and purchase gas. A carpool schedule should be agreed upon prior to committing to the carpool group. The proposed policy defines carpooling as a group of two or more people: a) Who travel to a "common destination" (e.g, City Hall and facilities) at least 3 days per week. 39 b) Who make a formal written agreement to participate in the carpool for a minimum of three (3) months. c) Whose carpool members have registered with Human Resources. d) Each of whom is of legal driving age and has at least one vehicle registered to the carpool permit. e) Who do not take a break from the carpooling group for any longer than 4 consecutive weeks and no more than twice during a fiscal year (Oct 1 - September 30). f) Whose participants are enrolled in only one carpool group at one time, and g) Who must travel together for the majority of their trip distance. 2. Registration To be considered a part of a carpool, all members must first complete a Registration and Parking Application Form, including a Carpool Commitment Agreement signed by all members. a) Registration and Parking Application requires members to provide the following dogumentation prior to issuing a City of Boynton Beach parking permit tag: · Driver's License · Verification of current home address. Acceptable forms of proof include: current utility bill, lease, or payroll stub · License Plate # (for all cars that will be used in the carpool) · Employee ID · Carpool Commitment Agreement signed by all members b) The Carpool Commitment Agreement states: · Every member of the carpool must contribute driving time and gas expenses. · Members that wish to participate in the carpool, but do not have a vehicle must contribute at twice their share in gas based on the agreement made among the carpool members. 3. Carpool Fees No fees are required to join a carpool group. 4. Carpool Permits Carpool Members that are issued a carpool permit must use them according to the following Rules and Regulations: a) One carpool parking permit will be issued to each carpool member b) Only one carpool permit per group may be used at the designated location c) Carpool permits may not be shared or given to anyone not registered for carpooling d) Carpool permits must be renewed each year 5. Carpool Spaces a) There are XXXX designated parking spaces assigned for carpoolers at City Hall (define location) and list other facilities and locations. These are available on a first come first serve basis for cars that are registered as a carpool 40 participant with XXXXX. Cars must display a City carpool parking permit tag in the front window while parking. b) A special carpool parking space is made available to low-emitting and fuel- efficient vehicles, either defined as Zero Emission Vehicle (ZEV) by the CA Air Resources Board, or with a minimum green score of 40 on the American Council for an Energy Efficient Economy (ACEEE) annual vehicle rating guide. These cars must also display a City of Boynton Beach parking permit tag in the front window while parked. 7. Withdrawal from a Carpool a) As stated in the section, "Definition of a Carpool", carpoolers must make a minimum three (3) month commitment to participate in the carpool program. If circumstances require the carpooler to withdraw prior to that period, all permits must be returned to the main office. A confirmation of withdrawal will be sent to the carpooler. b) In order to rejoin another carpool group after withdrawal, he or she must fulfill the following_ requirements: . Wait a full one-month period following the withdrawal before joining again and . Complete a new Registration and Parking Application. 8. Dissolving a Carpool A carpool is considered dissolved when sufficient members of the carpool are no longer interested in carpooling or are no longer eligible to belong to the carpool. In this case, official notice along with all permits must be returned to Human Resources. a) If a carpool dissolves once during the school year, it must wait a full one (1) month period after it dissolves before it can be considered for carpooling. b) A carpool that dissolves and has one member wishing to continue in the program, a five-day grace period will be given in order for him or her to find others to join. After that, all rights and privileges will be revoked. The permits must be returned promptly. 9. Enforcement of Regulations a) Violations, fines andlor penalties shall be issued to carpoolers if not in compliance with the Rules and Regulations stated. b) Vehicles not registered to be in a carpool will be tagged and a warning will be given if parked in a carpool space. c) Unauthorized use of carpool parking permits will result in suspension or revocation of carpool parking privileges. d) All Violations will be reported to the office of the City Manager. 4] The City of Boynton Beach Car Pooling Application and Registration Date of Application: First Date of Carpooling: Last Date of Carpooling: Number of Participants: Name of Members: Name of Member 1: Home Address: Employee ID Number: Distance from Work: Phone Number: License Plate #: Designation as a Special Emission Vehicle: Type of Car: Color:. License Tag: Scheduled Days: The City of Boynton Beach Carpooling Agreement (To be signed by all members) Date of Application: First Date of Carpooling: Last Date of Carpooling: Number of Participants: Name of Members: Pick up and Drop off Locations: Miles traveled: Schedule: Mo Tue Wed Th Fr Sat Sun Reimbursements (if any): Insurance Disclaimer to be worked out by members. (Please check with your insurance provider.) Signature: Signature: Signature: Date: Date: Date: The City of Boynton Beach - GREEN PARKING PERMIT TAG This Permit allows the car with the License Tag #: to park in the parking space designated for Carpooling on the City of Boynton Beach property until ~_I_. 42 Exhibit 2 CITY OF BOYNTON BEACH: Em 10 ee Trans ortation Surve Results C:;- ~ v' 89 surveys collected V'. 44% were interested in carpoolin9 V' 28 were interested in vanpoolin9 SOU1H ~lORlllA (:~:,OMMUT'ER SERVICES South Florida Commuter Services (SFCS) is a regional commuter assistance program funded by the Florida Department of Transportation (FDOT) providing assistance to commuters and businesses in Miami-Dade, Broward, Palm Beach, Martin and St. Lucie Counties. This program was established to increase the use of alternative modes of transportation by offering South Florida employers and their employee's alternatives to driving to work alone. SFCS provides free assistance to employers in the tri-county area that would like to implement transportation solutions at their company. OVERALL SURVEY RESULTS The City of Boynton Beach employees were asked to complete a transportation survey. 89 employees, about 10% of the workforce, participated in the survey. In general, a 5 to 10% response is considered a normal response and statistically significant. The City of Boynton Beach results were average response rates. The majornyof respondents, 55%, work at the City Hall complex. Please note that because some survey questions allowed for more than one answer, percentage results may exceed 100%. Details regarding specific work location results and comments are located later in the survey follow up report. The majority of City of Boynton Beach employees, 91 %, are driving alone. The respondents driving alone however would consider using alternative modes. Of those driving alone, 39% would consider carpooling while a significant number, 21%, would consider riding Palm Tran. The major commute concem selected by employee respondents regardless of their current transportation mode was transportation costs. The other major commuting issue was the lack of other options to get to work. Survey respondents selected incentives that would persuade them to try an alternative mode to get to work. The top two incentives chosen were commute savings and reduced car insurance rates. Respondents who said they were already using an alternative mode to drive to work were asked if they would like to sign up for the emergency ride home program. Applications were sent to 7 respondents on November 16,2009. For respondents who would like to find a ride match, 39 respondents requested a ride match and another 27 respondents requested more information about vanpooling. 43 RESPONDENT LOCATION BREAKDOWN A BREAKDOWN OF SURVEYS RECEIVED BY LOCATION GROUPING IS AS FOLLOWS: Art Center 2% Children's Schoolhouse Museum 1 % City Hall Complex 55% Civic Center 2% East Water Treatment Plant 7% Ezell Hector Park 1 % Fire Station #2 1 % Fire Station #4 2% Fire Station #5 7% G~~u~e 2% Library on Seacrest 4% Madsen Center 2% Public Works Complex 8% Wilson Park 3% Other 3% WORK HOURS The most frequently worked schedule is 7:00 am to 6:00 pm. Below is the breakdown of the respondent's work schedules: o 7:00 am to 6:00 pm 32 resoondents o 8:00 am to 5:00 pm 14 resoondents o 7:30 am to 6:30 pm 6 resoondents o 7:00 am to 4:00 pm 4 resoondents o 8:00 am to 4:00 pm 4 resoondents o 6:00 am to 4:00 pm 2 resoondents o 6:00 am to 6:00 pm 2 resoondents o 6:30 am to 5:30 pm 2 resoondents o 7:00 am to 5:30 pm 2 resoondents o 7:30 am to 5:00 pm 2 resoondents o 8:00 am to 6:30 pm 2 resoondents o 1:00 am to 1 :30 pm 1 resoondent o 6:00 am to 5:00 pm 1 resoondent o 7:00 am to 4:30 pm 1 resoondent o 7:00 am to 5:00 pm 1 resoondent o 7:30 am to 6:00 pm 1 resoondent o 7:30 am to 3:30 pm 1 resoondent o 7:30 am to 4:30 pm 1 resoondent o 8:00 am to 6:00 pm 1 resoondent o 8:00 am to 7:00 pm 1 resoondent o 8:30 am to 5:00 pm 1 resoondent o 8:30 am to 5:30 pm 1 resDondent o 8:30 am to 6:00 pm 1 resDondent o 9:00 am to 6:00 pm 1 resDondent 44 o 10:00 am to 10:00 pm 1 resoondent o 12:00 pm to 9:00 pm 1 resoondent o 6:00 pm to 6:00 am 1 resoondent , WORK COMMUTE MODES Respondents were asked which mode they currently used to commute to work at least three (3) days per week. The mode breakdown of the results of the survey are as follows: ./ Drive Alone* ./ Carpool ./ Tri-Rail ./ Palm Tran Bus ./ Walk ./ Bigycle 91 % (81 employees) 9% (8 employees) 0% 0% 0% 0% . Includes two "other" responses. ) ') 45 - ----- r DRIVE ALONE ALTERNATE MODE CONSIDERATION Respondents who currentlv drive alone were asked if they would consider using a different mode to get to work. Respondents selected modes they would try: o Carpool 39% o Palm Tran Bus 21% o Tri-Rail 14% o Bicycle 14% o Van pool 12% o Walk 5% o Would not consider an alternative mode 38% r ,- .;:- t EMERGENCY RIDE HOME PROGRAM (ERH) Employees who responded to the survey that they were currently using an alternative mode of transportation for their commute to work at least three (3) days per week were asked if they wanted to sign up for the program. 7 employees requested the ERH application. r 46 ---- -- - - - TOP COMMUTING ISSUES. Employees were asked to select their greatest transportation challenge to commute to work regardless of their current work commute mode. The results from greatest concern to least concern are: o Transportation costs o Lack of other options to get to work o Traffic congestion o Parking at the facility o Other (see below for comments) o Lack of available vehicle o 5 10 15 20 25 30 35 47 ("..... I ... Other Comments: What would you identify as your biggest transportation : challenge to get to work? ,^ -"'.0. ~~;.... .;;.:..._~ ~~ _ 11__ _ 2 Central pick up point for carpool Evening meetings; offsite meetings 3 Bike path on AlA is very narrow and dangerous around the Boynton Inlet 4 None 5 If Vehicle breaks down 6 Probably should ride my bike... I need the exercise.. 7 parking at City Hall stinks! but art center parking is relatively easy... 8 none of the above 9 none of the above 10 None j s;~u,~_~ ~!CY~le ~~~~age while a~ work I ~~n:_. ., 11 12 r.... INCENTIVES TO PERSUADE MODE CHANGE. To determine if incentives would persuade employees to modify their current commute mode, employees were asked to select up to three options. Respondents selected the following reasons in order of most likely to persuade change of mode to least likely. 1. Commute savings 2. Reduced car insurance rates 3. Reduce carbon emissions 4. Six free taxi rides home in case of an emergency 5. Matchlist of potential co-workers to carpool with 6. Discounted tn-rail passes 7. Preferential parking for carpooling and vanpooling 8. Additional information about Palm Tran routes 9. Pre-tax savings for transit or vanpooling 21 % of respondents noted that none of the incentives listed would persuade them to change modes. r...... 1 I I I -1 I "J I 1 I 1 I i I I i ; i ~! 48 CARPOOL RIDE MATCHES Respondents were asked if they were interested in receiving a ride match for potential carpool partners from South Florida Commuter Services. 39 employees requested ride matches on the survey. SOUTH FLORIDA V AN POOL PROGRAM Respondents were asked if they were interested in finding out more about the South Florida Van pool program. The South Florida Vanpool program offers groups of 5 to 15 individuals with a passenger van to use for traveling to and from work. Participants pay a monthly fee to participate in the vanpool and are able to withdraw from the program with 30 days notice. The monthly fee includes the van, insurance, maintenance, and roadside assistance. The Palm Beach County Metropolitan Planning Organization also provides a $400 per month subsidy towards the cost. 28 respondents requested more information about vanpooling. 49 ZIP CODE ANALYSIS The survey asked respondents to provide their home zip codes allowing SFCS to create an analysis for zip codes. Zip code cluster analysis shows areas in which groups of employees may have the opportunity to develop carpools, vanpools andlor utilize transit. Zip code maps are provided at the end of the survey results summary. OVERALL COMMENTS The final survey question was an option for respondents to provide comments about the surveyor commuting. Below is the comprehensive list of comments. Qucstion 17 i1 ,10 Comments: ? 2 . How would the City handle employees who receive auto allowances if they join a carpool? 3 Due to my personal situation I must have my own car with me at all times. It is not feasible for me to car pool or use other modes of transporation at this time. Sounds like a good concept This was very interesting and helpful information. Thank you! 4 5 6 None 7 Maybe I'll ride my bike to work sometimes... I hope that in some way we can influence the Gas Companies to reduce this high cost. 8 9 SINCE THE CITY HALL COMPLEX IS OUTGROWING ITSELF, I WOULD LIKE TO SEE THE ENTIRE COMPLEX MOVED WEST ALONG THE CONGRESS AVE / GATEWAY BLVD CORRIDOR. 11 I carpool kids to and from school on way to and from work I live within a 2-mile radius of my place of work and I don't have a problem with parking or any of the other problems people may encounter. My make up is when I get ready to go, I don't like waiting for no one, I leave. I only fill up my tank once a month, so I do save on gas. I am very glad that the City is reaching out to employees to improve our commutes, hopefully save money, and reduce our collective carbon emissions! 12 13 14 I live only 3 miles from work and the amount of gas I use is minimal. Plan on driving to work alone still! It would be hard for me to carpool due to my long and odd work hours. Also my home location beign so far in distance from the workplace. My job does not lend itself to really any other option unless they want to give me a City Vehicle to use. 15 16 50 : 18 17 If train service was moved to the east side of 1-95 (Dixie Hwy tram) I would definitely take the train everyday to work, My biggest obstacle to car/vanpooling is needing to pick up my child midday two days per week, and a standing obligation immediately after work on Wednesdays. 19 None 20 I work Mon-Fri, 8A-4P. My commute is 6 miles one way. After work, 1 work out j at the Y.M.C.A.; which is on my way home, So, I don't have a long involved commute in either direction; I gas up about once a month and there is nothing that 1 really need to change, 51 EXHIBIT 3 CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL DRAFT CHAPTER: 06 Human Resources Policies Policy No. 06.09.04 SECTION: 09 Hours of Work SUBJECT: 04 Telecommuting Policy PURPOSE This policy establishes a Telecommuting alternative for those employees in positions witt! essential functions and duties that can be performed from a remote site or their home. Telecommuting work arrangements are voluntary, mutually agreed to by the employee, supervisor and department head. Participation may be cancelled by the employee, supervisor or department head without cause, at any time. Telecommuting is not an employee benefit, but an alternative method of meeting the needs of the City. Telecommuting and issues surrounding it are not grievable. This policy is not a contract of employment and the City reserves the right to terminate this policy at any time. The City supports telecommuting one or more days per week as an alternative work arrangement. The telecommuting alternative will reduce employee commute trips, reduce traffic congestion and parking requirements, as well as, improve the green effect by reducing the City's carbon footprint. SCOPE: The Department Director working with Human Resources will determine which positions in their Department would qualify for telecommuting. Full-time, regular employees working in designated Telecommuting positions with an evaluation of at least meets standards will be eligible to request permission to participate in the telecommuting program. City Manager approval for telecommuting is required via an Employee Activity Report (EAR). PROCEDURE: 52 1, Employees in positions determined by the Department Head and Human Resources to be eligible to participate in the Telecommuting Program should meet with their immediate supervisor to discuss the advantages and disadvantages of participation. 2. After meeting with their immediate supervisors employees in positions that are eligible for the Telecommuting Program are required to complete a Telecommuting Application (Exhibit I) and submit it to their supervisor. 3. Supervisors will review the applications and decide whether a telecommuter arrangement is beneficial to the employee and the City, When the number of applications submitted exceeds the number of openings available for telecommuting the Department Director and Human Resources Director will determine participation, based on the needs of the City. 4. Employees being considered for the program are notified in writing and provided a Telecommuting Agreement (Exhibit II). Employee will complete, sign and submit their Telecommuting Agreement to their and return to their supervisor. Supervisor and Department Director will review and approve or deny the agreement and then forward the original agreement to Human Resources. Telecommuting employees must abide by the terms and conditions of the agreement. 5. Employees who are approved for the program must set up a dedicated alternative work site including a computer at their expense that is safe for the employee and others entering it. The employee must allow authorized City representatives to inspect the alternate work place to ensure adequate health and safety conditions. 6. The employee is responsible for working with ITS to maintain proper computer security at the alternate worksite including safeguarding all City records under their control. 7. If necessary, a list of all City-owned property and supplies used at the alternative work location will be maintained by the employee's Supervisor 8. Employees will report to customer and City work locations, as required, for meetings, training, etc" at the request of supervisor or customer. 53 9. Employees will keep their supervisor informed of progress on assignments worked on at the alternative work site, including any problems which they may experience while telecommuting. 10. Employees in the Telecommuting Program are subject to the same policies and procedures as all other city employees. EFFECTIVE DATE: XXXXX, XX 2010 Kurt Bressner, City Manager 54 Telecommuting Application The City of Boynton Beach Exhibit I To seek consideration (or telecommuting, YOU must comvlete this (orm and submit it to your suvervisor. Name: Phone number: - ..------ Supervisor's name: .. --- Department: Justification for Telecommuting: Why do vou want to telecommute? How will it benefit your department and the City? ,----- ,-- Have you met with your supervisor to discuss the advantages and disadvantages of telecommuting? I r r I yes no i Proposed Schedule: ---------l How many days per week/month do you expect to telecommuter'! per ________ r r " r r r Telecommuter days: Man Tue i' Wed Thurs Fri Sat i If variable/seasonal, specify: _.._------~ I Telecommuter day schedule: Start Lunch End I -------~' -----.--.-.'.. Tasks:What types of tasks will you perfonn from your telecommuting location? (i.e., planning, reading, budgeting, data entry, word processing, research, customer contacts, analysis. contract preparation, writing) ~ How will your job perfonnance be measured? .. -------------j -.-----. I --------; i Telecommuter Office: Where do you plan to work on telecommuting days? ~~-~--! Do you have a room or an area at home or at your remote location with privacy that you can i dedicate to your use during telecommuting? r- yes r no 'is Page I of 2 pages Dependent Care: If you have dependents requiring care at your telecommuting site, will you arrange for their care during telecommuting? r r yes no Equipment: Check the following items that would be used while you telecommute. Please specify who would provide it by putting in each box a "E" for employee or a "c" for City. r Second telephone line r Mobile phone r Computer r E-mail r Calculator r telephone calling card r Surge protection r Voice mail r fax r printer r Phone answering machine r Software also used at office (specify) " r Other (specify) Experience: Have you ever participated in a telecommuting program before? r yes r no If yes, please describe your experience. Employee's Signature Date r Approved I have discussed the possibility of working from home with the above employee. I believe this employee is a good candidate based on job responsibilities and performance in hislher current position. r Denied Reason(s) for denial: Supervisor's Signature Date Department Head Signature Date 56 Telecommuting Agreement The City of Boynton Beach Exhibit 11 The following form serves as the agreement between the telecommuting employee and the City. It must be completed and signed by all appropriate parties and attached to the Emplovee Activitv Report (EAR), This is an agreement between of The City of Boynton Beach and _______________ _________ (Department name) ______(Employee name) This agreement establishes the terms and conditions of telecommuting. The employee volunteers to participate in the telecommuting program and to follow the applicable guidelines and policies. The City agrees with the employee's participation Duration: This agreement will be valid until canceled in accordance with policy by either party_ Work Hours: Work hours and location are specified as part ofthis agreement. Pay & Attendance: All pay, leave and travel entitlement will be based on the employee's official work location. The employee's time and attendance will be recorded as if performing official duties at the office, Leave: Employees must obtain supervisory approval before taking leave in accordance with established office procedures. The employee agrees to follow established procedures for requesting and obtaining approval of leave. Overtime: The employee will continue to work in pay status while working at the home office. An employee working approved in advance overtime, will be compensated in accordance with applicable law and rules. The employee understands that the supervisor will not accept work products resulting from unapproved overtime. The employee agrees that failing to obtain proper approval for overtime work may result in removal from the telecommuting program and/or disciplinary action. Equipment: The supervisor and the employee must agree upon the equipment to be used in telecommuting. The City is not required to provide equipment for the home office; however, with the approval of the Department Director, the telecommuter may be provided City-owned equipment necessary to perform work assignments. Maintenance of Equipment: Equipment provided by the City must be protected against damage and unauthorized use. City-owned equipment will be serviced and maintained by the City. Equipment provided by the employee will be at no cost to the City, and will be maintained by the employee, Cost: The City will not be responsible for operating costs, home maintenance, or any other incidental costs (e.g. utilities), associated with the use of the employee's residence. The employee does not give up any reimbursement for authorized expenses incurred while conducting official business for the City. Liability: The City will not be liable for damages to the employee's property resulting from participation in the telecommuting program. In signing this document, the employee agrees to hold the City harmless against IDlY claims, excluding workers' compensation claims Workers' Compensation (WC): The employee is covered by workers' compensation if injured III the course of performing official duties at the telecommuting location, Employee is responsible for following the City's WC notification policy. :;7 Verification of Home Safety: In signing this agreement, the employee verifies that the home office provides work space that is free of safety and fire hazards. The telecommuter must allow an authorized City representative to inspect the alternate work place to ensure adequate health and safety (ergonomic) conditions. Work Assignments: The employee will meet with the supervisor to receive assignments and to review completed work. The employee will complete all assigned work according to procedures mutually agreed upon with the supervisor. Evaluation: The evaluation of the employee's job performance will be based on City performance evaluation standards. Performance must remain satisfactory to remain a telecommuter. Employees will not be allowed to telecommute while rated at less than meets standards perfonnance. Records: The employee will apply safeguards which are approved by the employing City department and ITS to protect records from unauthorized disclosure or damage. All records, papers and correspondence must be safeguarded for their return to the office. Participation in Evaluation: The employee and supervisor agree to promptly complete and submit telecommuting evaluation materials and to attend periodic group meetings for the telecommuting program. Ending of this Agreement: The department, the supervisor, or the employee may terminate the voluntary telecommuting agreement at any time, and for any reason, with thirty days notice (less time if mutually agreed upon). Ifurgent circumstances exist, the agreement may be terminated with approval of the employee's Director. The agreement will be suspended during any investigation of City policy violation by the employee. Ifthere are no findings, the agreement will resume. Work Location: The employee agrees to work at the office or the designated telecommuting location specified in this agreement and not from another unapproved site. Failure to comply with this provision may result in termination of the agreement, and/or other appropriate disciplinary action. Schedule: Number oftelecommute days: per week/month (circle one). r r Telecommute days:: Mon r Variable: (explain): Tue r Wed r r Thurs Fri Typical Telecommute Day: Begin work at Lunch End work at The employee can be reached during their scheduled work hours at the telecommute office or by cell phone at all times, excluding lunch or any mandated break periods. Tasks: The followinj!; are typical assismments to be worked on bv the emolovee on telecommute davs: 58 Performance Measures: - ------------1 - ..- ..- -~"._-_. -------..-- .----.,.----,--- Communication: The employee agrees to use the following communication methods on telecommute days: r Answer machine r V oice Mail r E-mail r Call forwarding r Fax r Other: (specify) How will vou handle any phone calls for you that come into the City office during your telecommute days? The employee agrees to retrieve phone and e-mail messages at least___ times per day/hour (circle one) I ~:=red T'T'"'." OlIi.. Lo",tio., ~~:~l address ----~ ---! Office Safety/Inspection: The employee must maintain the home/telecommute office to meet health and safety requirements consistent with the main office work environment, and to allow the City to inspect the home/telecommute office site with appropriate advance notice Equipment: The following equipment will be used by the employee in the telecommute office. (Specij) whether eauivment is owned bv the Citv or emvlovee-owned') Other eauinment arrangements: -----=1 ~_..- ..,--- "-"--'" .~,----_._- _..~ Employee agrees not to use any City equipment or supplies for private purposes and not to allow family members or friends access to City equipment or City records and files. The City of Boynton Beach is not responsible for private property used. lost or destroyed. 59 Begin Telecommuting: Telecommuting will begin on: Telecommuting Review: This telecommuting agreement will be reviewed on: Additional Conditions: Additional conditions agreed upon by telecommuter and supervisor/manager: I have read and understand the telecommuting policies of The City of Boynton Beach and agree to abide by and operate in accordance with them and the terms of this agreement. Employee Signature Date Supervisor Signature Date Department Head Signature Date Approved by: Human Resources Signature Date ITS Director Signature Date 60 EXHIBIT 4 Operational Guidelines to Reduce Vehicle Emissions, Vehicle Miles Traveled (VMT) and Vehicle Hours Traveled (VHT) The following policy guidelines shall be implemented by City Staff to the greatest extent feasible during the regular course of conducting City business. The guidelines are divided into two basic areas of operation as follows: 1. Inter- or Intra-Departmental Meeting Travel by City Employees 1.1. In general, all reasonable attempts shall be made to reduce the number of inter- departmental meetings requiring vehicle travel. 1.2. Meetings involving City Staff from different City Departments located in different physical office locations shall be scheduled and centrally located to minimize the number of vehicles utilized and distance traveled to the meeting location. This may require staff from the "hosting" Department to hold the meeting at a more centralized location if the number of staff personnel from the hosting Department is actually less than the number of all other meeting participants. 1.3. Meetings shall be scheduled as far in advance as practical in order to allow as many participating staff to rideshare to the meeting location, reducing as many vehicles as possible. 1.4. Regularly scheduled weekly, bi-weekly or monthly meetings that share common participants should be scheduled as adjacent to each other as possible to reduce unnecessary vehicle trip-making. 1.5. Considerations should be given to web-casting City-wide meetings, programs or presentations via intranet whenever possible to reduce tripmaking by staff. 1.6. Annually required form processing, applications, and other submissions by City employees (such as health plan enrollment), should be available via internet in order to reduce vehicle travel. 1.7. Future capital budget programming should provide for all City building conference rooms to be upgraded to the greatest extent possible with technologies that facilitate video-conferencing and/or allow increased flexibility in meeting presentation and communications. City Staff from Departments residing outside of the building hosting the meeting should have readily available computer and communications technology at their disposal to conduct efficient and informative meetings to the same degree that would be available from their home Department office building, (Continued... ) 61 2. Off-site (Field Visit/External Agency) Travel by City Employees 2.1. In general, all reasonable attempts shall be made by City staff to reduce the number and/or distance of off-site vehicle trips. 2.2. External off-site meetings shall be scheduled as far in advance as practical in order to allow as many participating staff to rideshare to the meeting location, reducing as many vehicles as possible. 2.3. Off-site meetings involving different City Departments, such as site inspections, should consider ridesharing and linked-trip-making as much as possible. 2.4. Considerations should be given to consolidating routinely scheduled off-site field meetings to within one particular business day of the week, or a particular portion of the workday in order to maximize trip efficiency and link related trips. Similarly, field visits or inspections should be scheduled and grouped together withirrthe same geographic area in order to reduce miles and hours traveled. 62 Exhibit 5 CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL DRAFT Idling Policy CHAPTER: 08 City Equipment POLICY NO: 08.01.09 SECTION: 01 Fleet Maintenance Policy PAGE: 1 of 1 SUBJECT: 09 Vehicle Idling Policy Policy Intent: The intent of the policy is two fold. First, elimination of unnecessary vehicle idling will reduce fuel consumption and provide cost savings to the City. Secondly, a reduction in vehicle idling will reduce the overall vehicle emissions into the environment thereby reducing the City's carbon footprint. These two goals should be considered by all City staff during the normal course of all work operations. Vehicle Idlina: Unless so engaged in a work purpose, no City vehicle shall be allowed to remain motionless, in an idling state, for more than three minutes regardless of whether or not such vehicle is attended by the operator. Definition of Work Purpose: Work purpose shall be defined as any operating department function that must be conducted by using a City fleet vehicle, or any other ancillary work function that requires continued power, electrical or hydraulic. provided by the Fleet vehicle. Examples can include, but are not limited to, Police speed control operations and operation of hydraulic tools powered by the vehicle. Because additional examples and exceptions are too numerous to specifically identify, the immediate Supervisor shall be responsible to administer this policy based upon work being performed and the particular use of the vehicle. DEVELOPED BY: Public Works Department (Vehicle Services Division) EFFECTIVE DATE: ? REVISED: ? Kurt Sressner City Manager 63 EXHIBIT 6 Light Emitting Diode (LED) Lighting and Solar Power Applications for Public Transportation Facilities Recent improvements in Light Emitting Diode (LED) technologies have resulted in LED lighting becoming more and more attractive for widespread installation as part of public infrastructure. The state of the industry is quickly reaching a tipping-point to where the energy-cost reduction and practical applications provided by LED lighting is outpacing the initial capital cost investment that had historically hindered retrofit projects. Federal stimulus and energy-based grants are also providing opportunities for public agencies and private-sector entities to offset initial capital costs in upgrading to much more energy-efficient LED lighting. Perhaps the greatest single benefit of LED lighting applications, particularly with current LED technologies, is the dramatic reduction in power consumption relative to traditional incandescent or pressurized metal halide fixtures. Most new LED fixtures can provide the same lumjnous output as traditional lighting for about 15%-35% of the power consumption (watts) depending on the speCific application. Individual LED's are actually semi-conductors, and there are many types, colors and intensities of LED's. The light generated by the newest generation of LED's is also very "pure" in color due to the fact that the light emitted is limited to a very narrow band of the light spectrum, and therefore the colors associated with newer LED's are very deep, rich and intense to the human eye. Also, because they are semi-conductors and do not rely on heat energy for most of their iIIuminence, LED light fixtures are generally much cooler (and safer) to the touch than traditional light fixtures. LED Traffic Signal Applications A significant application of LED within the transportation industry is the conversion of traffic signal indications from traditional incandescent bulbs to LED light modules. This conversion has resulted in the widespread replacement of 145 watt signal bulbs being replaced with LED signal modules that have power ratings generally between 14 and 33 watts. This has resulted in an average per-signal indication energy reduction of approximately 121 watts per indication, or 83%. With a traffic signal system the size of Palm Beach County's, this corresponds to a reduction in over 30 million kilowatt-hours annually. The Florida Department of Transportation now requires that all red and green indications traffic signal be LED, with most Florida traffic signal agencies now voluntarily requiring that all signal indications (red, yellow, green and all pedestrian indications) be LED. The richer color and better directionality of the light provided by LED's has made the traffic signal application one of the best applications of LED in public infrastructure to date. LED Highway Lighting Perhaps the second largest potential application of LED lighting is associated with highway and local roadway street lighting. The conversion of traditional street lighting fixtures to LED fixtures has proven much more challenging than the traffic signal application for a variety of reasons, as discussed below. 64 First, the inherent glow of traditional street lighting makes it naturally suitable for the luminous "blanket-effect" desired acrol)s the roadway surface and surrounding right-ot- way. Roadway lighting is intended to be soft and gradual, with limitations on the maximum-to-minimum brightness ratios. Unwanted glare and directionality of traditional street lighting has generally been controlled by fixture height, fixture shape, and various types of lenses and refractors, with most new highway lighting now using "true cutoff" fixtures and lenses in order to reduce unnecessary glare for drivers and light overspill into residential areas. Because of the very "blue-white" color and highly directional characteristics of early LED street light designs, many motorists found them harsh to the eyes, often creating an uncomfortable and dramatic spot-like effect on the pavement. Early designs also did not often comply with nationally accepted highway lighting standards, and therefore there was reluctance on behalf of transportation agencies to install them, even on an experimental basis, for a variety of liability reasons.. Secondly, most highway street lighting circuits operate on a higher 480-volt power service rather than 120-volt service, and most early versions of LED highway lights, due to their low wattage requirements, have been designed for 120 volt service. This creates an added step-down voltage conversion step, and associated additional cost as part of any retrofit program. Thirdly, many early LED highway lighting designs were initially derived from smaller commercial, residential and private-sector applications that use nominal mounting heights in the 15' to 25' foot range. Most conventional highway lighting uses mounting heights in the 30' to 50' range, and therefore, most early versions of LED highway lights could not simply be retrofitted into many of the pre-existing highway light poles and still maintain the desired lighting characteristics on the roadway below, And finally, the initial LED highway lighting designs have tended to be highly proprietary in nature, with virtually no owner-serviceable parts and very limited flexibility or interchangeability of parts among vendors or manufacturers. Maintaining agencies have had little other option than to select one particular manufacturer/vendor for their areas, and rely on the same selected vendor for replacement parts and servicing. This has created several issues with regards to initial costs, maintenance and competitive procurement. However, notwithstanding the above issues, the LED lighting industry is rapidly addressing many of the above issues, and there are now new generations of LED highway lighting fixtures that better comply with national highway lighting standards, have softer versions of "white" light as perceived by motorists, can be used on 480 volt circuits, and can be used with many existing highway light poles. Continued industry progress in these areas should allow the cost-effectiveness of LED retrofits to significantly improve by year 2012, thus making them a serious consideration for future highway lighting projects. LED Lighting for Neighborhood Streets and Outdoor Public Facilities The current state of the industry does provide ample opportunity for LED lighting to be a cost-effective solution for illuminating local streets, public parking areas, transit facilities, parks and recreational facilities, particularly for new installation projects where the light uniformity requirements and other engineering criteria are not as critical as they are with higher speed transportation facilities. The inherent compact size of individual LED's 6S allows them to be integrated into a vast variety of linear, geometric and three- dimensional arrays, creating infinite PQ"ssibilities of shapes and patterns, in both single- colored or multi-colored applications. LED lighting is particularly attractive for public recreation areas, particularly where small children play because LED lighting can be supported by voltages as low as 36-volts, 24-volts and even 12-volts, virtually eliminating the potential serious electric shock hazards. For this same reason, LED's are very suitable for marinas, public swimming pools and waterparks where it is desirous to have as low voltage as possible around bodies of water and wet surfaces. Low Voltage LED Lighting and Solar Power Applications More recent developments in LED technology have resulted in LED modules with higher luminous output-to-power ratios than earlier generations of LED's. In other words, improved technology is allowing LED fixtures to produce more light while using the same amount of electric power. Several LED manufacturers are now producing LED light engines for transportation applications that can produce 50 lumens of light output-per one watt of power. Therefore, the same light output previously provided by two 90 watt high intensity fluorescent bulbs (180 watts) can now be produced by a single 45 to 55 watt LED Iighffixture with a corresponding energy savings of about 70%. LED light engines also exhibit a lifespan typically 50 to 100 times longer than that of most conventional lighting, which greatly improves its life-cycle cost value over that of conventional lighting. The relatively high luminous output of LED's at relatively low power levels is what makes them a particularly suitable companion for solar-based power applications. Relatively small 75-watt rated solar-panel/battery storage units can provide power sufficient for park and pedestrian lighting. Traffic control devices, such as for school zone warning beacons, can use solar engines rated as low as 20 watts for in~rmittently activated warning beacons, and 75 watt solar engines for continuously operated warning beacons such as for "curve ahead" or "signal ahead" sign assemblies. 66 RENEWABLE/ Af.. TERNATIVE ENERGY 8r. FUEL UTILITY ') 11'. " f '~'k " (, ;~ t ,. > J,.' : 1-: ,-,;, '"':> ~ l>> ~; . ~ .... ~ '.~' \"'i"..: " , ~ , 67 RENEWABLE I ALTERNATIVE ENERGY & FUEL UTILITY SUB-TEAM INITIATIVES: . Increase use of renewable energy resources . Explore the use of alternative fuels for existing fleet . Develop energy performance contract language for RFP's . Explore an Energy Service Company(ESCO) partnership as a possible opportunity for establishing a measurement and verification system for existing energy use management in city and eRA buildings . Define city standards for energy efficiency and renewable-energy criteria when assessing the housing, commercial and transportation sectors . Develop financial, regulatory, policy, and marker incentives for development of energy-efficiency and renewable-energy projects and programs, training and incentivizing green jobs, assisting local businesses through retention and expansion . Identify opportunities such as (solar/photovoltaic) where demand for manufacturing exists and develop an economic incentive program to attract green business to Boynton Beach . Provide incentives for clean industry (also in Land Use subcommittee). INITIATIVE 1: Explore the use of alternative fuels to the city's existing fleet The following research was provided by Steve Weiser, Fleet Manager for the City of Boynton Beach, regarding alternative fuels for the city's fleet. Facts: 1. Ratio of diesel fuels to gasoline is 50/50. 2. City purchases approximately 7,500 gallon of diesel fuel every 2 weeks. 3. Ultra low sulfur diesel fuel is equal to biodiesel. Low sulfur is mandated. 4. B5 and B20 have higher costs per gallon than ultra-low sulfur. 5. B5 has only a slightly better emissions rating than ultra-low 6. Starting in 2010, the City's supplier of diesel engines will not warranty biodiesel blends greater than B5 7. Ethanol Gasoline blends burn at a ratio of 3:1 (3 gallon of E85 for every 1 gallon of gasoline) and is currently more expensive 8. Ethanol gasoline blends are option for gasoline vehicles 68 Summary Actions: City Staff is currently working to down-size fleet, replacing larger trucks with smaller ones whenever possible to improve fuel efficiency. Staff is also using behavior modification such as not leaving your vehicle running, regular vehicle maintenance, analyzing operations, etc. As a result of the higher cost of bio-fuels and the fact that the diesel engine vendor will not warranty after 2010, it is apparent that bio-diesel fuels are not cost effective as of this report date. Other lower percentage ethanol-gasoline blends may be a more feasible alternate fuel solution for the fleet. The Sub-Team recommends analyzing fuel usage, mpg, emissions, etc., to evaluate cost effectiveness of ethanol-gasoline blends. Sub-Team has developed a City of Boynton Beach Fleet-Best Practices Recommendation. Please refer to Appendix 1. INITIATIVE 2- Explore Energy Service Company (ESCO) as an opportunity for establishing a measurement and verification system for existing energy use management in city and CRA Buildings. The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach utilize Energy Performance Contracting as a mechanism to pay for sustainable improvements to the City's buildings. Backaround Buildings are a major cause of environmental impacts, so buildings provide major opportunities for reducing these environmental impacts and increasing sustainability. Many government and private organizations at the international, national, state, and local levels are setting sustainability goals for themselves. The City of Boynton Beach has undertaken an extensive effort to increase sustainability through the Community Alliance. To reach these sustainability goals all the traditional tools for implementing energy efficiency improvements in buildings need to be evaluated. One very important tool for delivery of energy efficiency improvements in buildings is Performance Contracting. Performance Contracting is an approach to upgrading building operating performance that allows local governments to use expense funding to pay for capital improvements related to operating performance. Due to the current economic conditions in south Florida and ever tightening budget constraints, it is difficult for the City to make capital improvement funds available for their buildings, As such, Performance Contracting removes a major barrier for making needed upgrades to City's facilities. 69 The process of performance contracting consists of entering into an agreement with a private energy service comp~':JnY (ESCO). The ESCO will identify and evaluate energy-saving opportunities and then recommend a package of improvements to be paid for through savings. The ESCO will guarantee that savings meet or exceed annual payments to cover all project costs-usually over a contract term of seven to 10 years. If savings don't materialize, the ESCO pays the difference. To ensure savings, the ESCO offers staff training and long-term maintenance services. There are several distinct benefits to ESCO contracting including the following: . There is no impact on the city's bond rating. This is an important factor as the city tries to maintain its highest bond rating to ensure the lowest interest rates on issued bonds. . There is no impact on the city's capital budget. During these difficu1t economic conditions with falling property values, it is more important than ever to find alternative ways to fund much needed improvements. . An ESCO allows for many facilities to be improved immediately. If traditional funding sources are used, it is most likely that improvements would be implemented in a slower manner (depending on funding). An ESCO allows for a much deeper penetration into needed improvements . As ESCO allows for the energy savings to start much quicker. The cost of inaction includes the continued use of energy that could be preserved. Patrick Gleason, PHD PG V.P. with CDM Engineering and Mr. Hector Samario (FPL-ESCO) presented the following information related to ESCO's : . Look at total costs, including maintenance and other factors- find break-even point. · Go for energy efficiency before renewable energy. · Reduce energy to essential-then look for renewable resources. · Include escalation rates in ESCO proposal. · Look at Life Cycle costs · 20 yr. limit on ESCO Contracting, 10 yrs. is preferred because of capital equipment life-use cycle · ESCO requires no capital outlay. · Savings are guaranteed as long as operation remains the same. · ESCO provides one company source-Long term relationship · ESCO are licensed by the State; there are now ten in Florida. · ESCO sequence-Preliminary Analysis-Detailed Analysis Implementation-Energy Savings Guarantee. · Savings are stipulated in the contract-puts risk and burden on ESCO. Measurement and Verification are essential. 70 ESCO Summary Action: The Sub-Team believes that ESCQ's merit strong consideration in lieu of the City of Boynton Beach attempting these initiatives on their own. We recommend that the City contact other municipalities for their experiences. Look for lessons learned and other opportunities. INITIATIVE 3 - Develop Energy Performance Contract Language for RFP's The Sub-Team is recommending the City of Boynton Beach develop a Sustainable Procurement Policy and seek to do business with companies and organizations that utilize sustainable policies. The Sub-Team recommends meeting with other municipalities for review of similar procurement policies and discussing lessons learned during their implementation of a Sustainable Policy Procedure. The Sub-Team has developed a Sustainable Procurement Policy. Please refer to Appendix 2. INITIATIVE 4 -Increase use of Renewable Energy Sources while identifying Economic Opportunities Russell Glace of Glace & Co., an FPL certified contractor of lighting replacement in buildings, provided information regarding energy audits, energy savings from solar rooftop applications and photovoltaic rooftop applications, to include costs and energy savings. Also discussed was the use of applications in city buildings and home use for citizens. Mike Terry of Inergy (Wind Turbines) provided information regarding the shortage of necessary space for these turbines and the possibility of public non-acceptance. The potential for wind turbines is limited because of size, public acceptance, and location requirements within city limits. The Sub-Team recommends wind turbine restrictions be modified for above roof- line installations, both residential and commercial. Photovoltaic lighting has great potential to save the city money. Though initial costs are large, grant and rebate opportunities can make the investment very worthwhile. Current budget restrictions limit the installation of this product on existing facilities. The Sub-Team recommends that all new city buildings should consider this cost saving measure. The city has thousands of square feet of flat roof space on numerous city buildings that would be ideal for the installation of photovoltaics as well as implementation of the Department of Energy's cool roof initiative which includes repainting roofs white or installing reflective vinyl membranes. The Federal 71 Energy Management Program also found that cool roof, particularly white reflective roofs; improve the efficiency of photovoltaics installed on top of them. The city can also benefit from the implementation of photovoltaics to provide solar energy for heating water. The Sub-Team has recommended a White Roofs Initiative. Please refer to Appendix 3. The city has been replacing Florescent lights and continues this effort. The Sub- Team recommends that solar water heating be considered for all new construction. The Sub-Team recognizes that the current budget restrictions limit its use for retrofitting existing buildings. The Sub-Team recommends that the city continue to look for incentives, rebates and grants for more affordability. The Sub-Team recommends Education of Renewable Enerov sources through our libraries~nd other information packets for distribution. The general public should be kept informed of our findings and give them the chance for incentives and energy saving opportunities. Energy Star, located online at www.enerovstar.oov is your best source for information distribution. To realize its ambitions in minimizing its carbon footprint, the city must provide the public with education in sustainable practices. The city must engage the public and encourage their participation in order to become a sustainable city. The Sub-Team recommends establishing a Center for Public Education located within a city facility. The Center for Public Education can become Boynton's "Open University." Possibilities include a partnership with PBCC to develop a vocational curriculum based on the needs of renewable energy economies. This would compliment a curriculum for the public which could include: · Sustainable home living · Sustainable business practices · Urban farming/gardening · Skills for a renewable energy economy The City Library can supplement the effort with a special collection of materials as well as offering additional workshoplclassroom space. This can strengthen the basis for an educational green grant as, for example, FAU was able to secure during its solar roof project by funding a scholarship from the energy savings. FAU's Dr. Jaap Vos suggested using some of the savings to fund a special, green topics library collection to provide the educational justification for such a grant, were the city to pursue it. In seeking to realize opportunities to attract green jobs and enterprises to Boynton Beach, such a center as in the example above, that provides vocational 72 skills for green jobs, can offer the city a competitive labor advantage when presenting itself for economic development. This seeks to meet one of the Sub-Teams objectives to provide non-capital intensive ideas on "training and incentivizing green jobs" and identifying "opportunities such as (solar/photovoltaic) where demand for manufacturing exists." For a reference on the kinds of content offered within a successful working model of such a center please see Appendix 4 - The Open University of the Environment. Two Sub-Teams Collaborate Renewable/Alternative Energy & Fuel Utility Sub-Team and Transportation Sub-Team . The meeting was held to trade overlapping strategies and to list those items for final recommendations. . Objective is to reduce vehicle miles traveled and fuel usage for the fleet and general public. · No idling policy for entire fleet except police. . Consider life cycle costs for alternative fuel vehicles. Does the Initial cost warrant life of vehicle cost savings? . Consider nitrogen filled tires for city vehicles. Subcommittee recommends testing with police patrol car to record miles per gallon savings. . Consolidate trips, reduce travel for meetings, and carpool when possible. . Electric charging stations should be considered for future travel needs. The city should explore collaboration with Palm Beach County in finding local sources of alternative fuels in an effort to make such fuels cost efficient for city fleets. The city, perhaps in coordination with other municipalities, should express that it has a demand for such fuels provided they meet a certain price per gallon so that the private sector is at least aware that such a market exists. Recognizing the absence of a fully developed mass transit network in the area, the city can offer density as a trade-off incentive to developers who seek to locate their developments within accessible reach of available modes of mass transit. A standard could be developed for how much permitted density is given to a developer for every mode of mass transit that is usefully accessible to the development. 73 APPENDIX 1 -INITIATIVE 1 Renewable/Alternative Energy & Fuel/Utility Sub-Team City Vehicle Fleet "Best Practices" Recommendations The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach implement a program to green the city's vehicle fleet. The Sub-Team recommends that the city develop a long-term plan to improve fuel efficiency and reduce emissions, while meeting the fiscal and budgetary constraints of the Fleet Department. The Sub-Team recognizes that fuel and vehicle technology is continually changing and recommends the following guidelines: . Continue to replace vehicles with smaller, more economical and fuel efficient vehicles and change the mindset of employees to match the vehicle with job duties (Le., bigger is not always better). - . Continue to research and compare various contracts (Le., State Contract, Sheriffs Bid, Palm Beach County School District) for fleet purchases to provide the best price for the City. . Consider the following factors as part of the long-term fleet plan: Fuel efficiency/miles per gallon Emissions (C02, CO, NOx, SOx, particulates) _ Alternative fuels (hydrogen fuel cell, electric, gasoline-electric hybrid, diesel-electric hybrid, biodiesel, ethanol, propane/liquid petroleum gas, compressed or liquid natural gas, and fuel additives) _ Mechanical equipment (selective catalytic reduction systems, particulate traps) - Cost . Update the applicable Administrative Policy Manual (APM) sections related to Fleet to add sustainability/green practices and create a no idling policy. . Pursue all available grants to aid in the purchase of green fleet technologies. · Consider the use of nitrogen in tires. 74 APPENDIX 2 - INITIATIVE 3 Renewable/Alternative Energy & Fuel/Utility Sub-Team Sustainable Procurement Policy Recommendations The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach develop a Sustainable Procurement Policy and seek to do business with companies and organizations that utilize sustainable practices. The Sustainable Procurement Policy is intended to: . Encourage the purchase and use of materials, products and services that best align with the City's fiscal, environmental, climate change, social, community and performance goals. . Reduce the spectrum of environmental impacts from City use of products, including reduction of greenhouse gas emissions, reduction of landfill waste, health and safety risks, and resource consumption. . Incorporate sustainability standards into procurement policy decisions; and empower departments and city purchasing staff to be innovative and demonstrate leadership by incorporating progressive and best-practice sustainability specifications, strategies and practices in procurement decisions. . Encourage vendors to promote products and services that they offer which are most suited to the city sustainability principles . Enhance City Ordinances with sustainability policies. . Encourage and promote both local and national companies to bring forward emerging and progressive sustainable products and services, by being a consumer of such products and companies. . Communicate the city's commitment to sustainable procurement, by modeling the best product and services choices to citizens, other public agencies and private companies. Best Practices & Resources to implement these recommendations can be found on the following websites: htto:/Iwww. nashville.aov/finance/orocurementleorocurement.asox htto:/Iwww.seattle.aov/environmentlourchasina.htm htto:/Iwww.oortlandonline.com/omf/index.cfm?c=37732 Metro Nashville has adopted a suite of web based products to improve overall management of procurement. A copy of SMARTrac training module is available Wal-Mart - Sustainability Product Index -15 Questions for Suppliers www.walmart.com Are our business partners/vendors practicing sustainability? 75 APPENDIX 3 - INITIATIVE 4 Renewable/Alternative Energy & Fuel/Utility Sub-Team White Roof Initiative Recommendations The Renewable/Alternative Energy & Fuel/Utility Sub-Team recommends that the City of Boynton Beach implement a program to retrofit city facilities with "white roofs" where feasible. Light-Colored Roofs are proven to save on cooling. Although light-colored materials for roofs make sense, the benefits have only recently been quantified in studies. The most recent study, performed in Florida by the Florida Solar Energy Center (FSEC), showed that reflective white roofs can cut cooling costs by 20 percent or more. The study was carried out by installing a variety of roofing materials on seven otherwise identical homes in Fort Meyers, each of which kept their thermostat at 77 degrees Fahrenheit. The study found the best results with white metal and cement tile roofs, which reflected from 66 to 77 percent of the solar energy, cutting cooling costs by 20 to 23 percent. See the FSEC report, with links to the press release and photos. The Energy Efficiency and Renewable Energy Network (EREN): htto://www.eren.doe.aov/. Federal study on the success of reflective/cool roofs: Berkley Lawrence National Laboratory Study on reflective roofs Federal Energy Management Program: htto:/Jwww1.eere.eneraY.aoY/femo/features/cool roof resources.html Cool Roof Rating Council with resources on certified materials and methods of achieving cool roofs: htto:/Iwww.coolroofs.ora/ 76 APPENDIX 4 - INITIATIVE 4 Renewable/Alternative Energy & Fuel/Utility Sub-Team Open University of the Environment Recommendations Open University of the Environment, Curitiba, Brazil Summary of Content Offered: 1) Training of Stakeholders in Environmental Protection - 16 hours (Provides knowledge and techniques necessary for people interested in the care, protection and conservation can act as educational agents, influencing attitudes with pro- active behavior in the local community.) 2) Citizens and the Environment - 12 hours (The relationship between cities and the environment; human practices for sustainable living that can be adopted to continue the improvement of urban quality of life.) 3) Challenges of Municipal Solid Waste - 12 hours (Avoiding waste generation, how the solid waste system works, reuse, recycling, benefits.) 4) Urban conservation - 4 hours (Direct contact with Protected Urban Areas, Parks, Recreation and the challenges of maintaining them. A critical view of the problems and impacts related to the practices of humans in urban areas.) Advanced courses offered: 1) Practices for a Sustainable Society - 4 hours (Society and the economic, cultural, and environmental issues of sustainability and the latest developments sustainable practices.) 2) Urban rivers - 4 hours (Raise awareness about urban water resources, human impact, the river basin as an instrument of water planning.) 3) Preparation for Activities in Environmental Education - 12 hours (Workshop teaching participants how to develop activities to raise awareness about current environmental issues. Experience and group work used to guide participants in the development of their own activities.) 4) Intro to Systems Thinking - 12 hours (Introduction to Systems Theory as part of environmental education, the interaction among multiple factors which influence sustainability and environmental quality, the use of relational models, etc.) 77 In addition to adults, a curriculum called Project ECOS is provided for children, in partnership with the local education authorities, targeting students between the ages of 5 and 12. It is integrated into the school curriculum as well as being utilized for field trip activities in schools. The main objectives are to foster an appreciation and concern for conservation and habits for sustainable behavior in children which in turn may influence their parents and continue into adulthood. Website of The Open University of the Environment: htto:/ Jwww.unilivre.ora.br/area oublicalcontroles/ScriotPublico.oho (I n portuguese) 78 ) ~ SUSTAINABLE CONSTRUCTION ") ) 79 r SUSTAINABLE CONSTRUCTION The primary goal of the Sustainable Construction Sub-Team was to outline a Green Building Program for the city, to include a draft Green Building Ordinance that would create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings. Recommendations for addina an Enerav Efficiencv Incentive Element to the Green Buildino Ordinance Identification of Stakeholders . City of Boynton Beach . Builders/Contractors . Developers . Building/Property Owners . Design Professionals Suaaested Eneray Efficiency additions to draft Green Buildina Ordinance: 2 - Definitions: Add Energy Starr; Boynton Energy Standards (future) 6 - Certification: Include Energy Star & future Boynton Energy Standards (Possibly change title to "Eligibility" for clarification) r' 7 - Standards: Same as item 6 above including necessity for HERS or similar independent energy audits. (There might be a potential for City Staff to become certified to conduct inspections. RE: Lake Worth) 8 - Compliance Thresholds: Three suggested benchmark levels beyond Energy Star and FBC standards. (15 & 25%) 14 - Certification: Same as item 6 above Eneray Standard Reduction Benchmarks . 15%; 30%; 50% more efficient than the most current nationallECC (residential) & ASHRAE 90.1 (commercial) standard. This accepts the minimum national standard. States must certify they are consistent or more stringent than those standards. An alternative approach could be the nationallECC & ASH RAE standards or the Florida Building Code, which ever is more stringent, but that requires keeping up with figuring out which one is more stringent. <' Proaram Evaluation . Assess built environment · Residential · Commercial · Industrial · Municipal · Other 80 ~~~u THE CITY OF BOYNTON BEACH GREEN BUILDING ORDIANCE . Purpose The purpose of this chapter is to enhance public health and welfare and assure that further residential, commercial, and civic development is consistent with the city's desire to create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings. The green building provisions referenced in this chapter are designed to achieve the following goals: . Encourage water and resource conservation; . Reduce waste generated by construction projects; . Increase energy efficiency in buildings; . Provide durable buildings that are efficient and economical to own and operate; and . Promote the health and productivity of residents, workers, and visitors to the city. '_ . Encourage sustainable development . Improve quality of life by making the city a valuable destination . Reduce materials sent to landfills and encourage recycling . Definitions For the purposes of this chapter, certain words and terms used are defined as follows: "Applicant" means any entity that applies to the city for the applicable permits to undertake any covered project within the city. "Approved green building inspector" means a person or organization certified or designated by a green building rating system body to perform inspections and provide documentation related to the inspection and verification of covered projects. When not precluded by other requirements, an approved green building inspector also means the green building compliance official. "Building" means any structure used for support or shelter of any use or occupancy, as defined in the Florida Building Code. "City" means the city of Boynton Beach. "City Commission" means the Boynton Beach city commission, or a board or commission, designated by the Boynton Beach city commission. "Director of Development" means the Director of Development of Boynton Beach or her or his designee. "City-sponsored project" means a building(s) funded more than fifty percent by the city and sponsored by the city. A city-sponsored project is on property that is not a part of the public right-of-way and may, or may not, be on city-owned land. 83 r ~~~<tY~Te~ eRA . East Side-West S"lde-Seas"lde Rena"lssance eRA BOARD MEETING OF: July 13,2010 I I Consent Agenda I I Old Business I I New Business Legal IX I Executive Director's Report SUBJECT: Results ofCRA Business Survey SUMMARY: The CRA sent the attached survey to all businesses within the CRA boundaries in April of 2010.606 surveys were sent and 55 completed surveys were returned. The results are tabulated on the attached Excel spreadsheet. Business who wanted additional information were sent the requested documents. FISCAL IMP ACT: None, informational only. r' CRA PLAN, PROGRAM OR PROJECT: CRA Economic Development Plan RECOMMENDATIONS/OPTIONS: None. Isa A. Bright Executive Director r T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07 -13-10 Meeting\Business Survey Results.doc ~ll'.~~Y~T8~ RA . East Side-West S',de-Seaside Renaissance The Boynton Beach CRA serves the community by guiding redevelopment activities that create a vibrant downtown core and revitalized neighborhoods within the Agency's district comprised of 1,650 acres along the eastern edge of the City of Boynton Beach. + The Boynton Beach CRA is interested in your input about the needs of your business. Your comments and concerns help guide the development of programs, grants and funding priorities of the CRA. Thank you for participating in this survey. Company: Address: Contact Name: Phone: Zip Title: E-Mail Fax: In Boynton Beach since Type of Business Number of employees on site: Please check V) each box below following a statement that is true for your business: 1. This business is: Foreign owned 0 Woman owned 0 Minority owned 0 2. During the next 1 to 3 years, do you expect to exoand: Employment 0 Sales/BusinessD Plant/Facilities 0 Equipment 0 Product line or service 0 Locations 0 3. During the past 3 years sales have: Increased 0 Decreased 0 Remained Stable 0 4. Business has plans to relocate: In Boynton Beach 0 Outside of Boynton Beach 0 5. Business owns its current location 0 Business leases current location 0 6. Business is undecided about renewing lease upon expiration 0 7. There are physical barriers to growth/expansion at current location 0 8. Company has difficulty finding suitable space in Boynton Beach for growth/expansion 0 9. There are regulatory pressures that are affecting business operations 0 10. Business has difficulty recruiting qualified employees 0 11. Business has difficulty in obtaining financing 0 12. Business has problems with security and safety 0 13. Do you perceive Boynton Beach to be a positive location for business 0 14. Has your company accessed CRA programs in the past? 0 15. Are you aware of the programs the CRA offers to assist area businesses? a. Commercial Fayade Program 0 b. Commercial Rent Subsidy Program 0 c. Commercial Signage Improvement Program 0 d. Commercial Interior Build-Out Assistance Program 0 c:r~ 'Y(9.(AI r eRA Business Survey Sent Out 4/5/2010 Surveys Sent Out: 606 Surveys Returned: 55 Response Rate: 9% Total Number of Employees: 466 Average Number of Employees per business: 8.5 1. This business is: Foreign Owned: 0 Woman Owned: 20 36% Minority Owned: 13 24% 2. During the next 1 to 3 years, do you expect to expand: Employment: 21 38% Sales/Business: 25 45% Plant/Facilities: 4 7% Equipment: 16 29% Product Line or SerVice: 13 24% Locations: 6 11% 3. During the past 3 years sales have: Increased: 6 11% Decreased: 32 58% r Remained Stable: 13 24% 4. Business has plans to relocate: In Boynton Beach: 12 Outside of Boynton Beach: 2 5. Business owns its current location: 24 44% Business leases current location: 30 55% 6. Business is undecided about renewing lease upon expiration: 10 18% 7. There are physical barriers to growth/expansion at current location: 17 31% 8. Company has difficulty finding suitable space in Boynton Beach for growth/expansion: 10 18% 9. There are regulatory pressures that are affecting business operations: 14 25% 10. Business has difficulty recruiting qualified employees: 10 18% 11. Difficulty in obtaining financing: 19 35% r 12. Business has problems with security and safety: 13 24% 13. Do you perceive Boynton Beach to be a positive location for business: 37 67% 14. Has your company accessed CRA programs in the past? 10 18% 15. Are you aware of the programs the CRA offers to assist area businesses? 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D) .... )>c: < tn (.. ~;:o C (I) - c:"'C ~ (I) 0 ~ ""'D;:l ~ a 0 ....Iio ..::s o (I) (') 0 ....(') tn (I) D) ::s 1!~~~Y~Te~CRA . East Side-West Side-Seas"lde Renaissance eRA BOARD MEETING OF: July 13,2010 I I Consent Agenda I I Old Business IX I New Business Legal I I Executive Director's Report SUBJECT: Consideration ofIssuing an RFP for Site Development of Ocean Breeze West (21 Single-Family Homes) SUMMARY: . The CRA owns a 4.37 acre parcel at 6th Avenue and Seacrest Blvd. referred to as Ocean Breeze West. . The Heart of Boynton Community Redevelopment Plan calls for single-family homes on the site. . The CRA is a sub-recipient ofNSP funds from the City of Boynton Beach in the amount of $400,000. . The NSP funds are to be used for site and infrastructure development of the Ocean Breeze West site to create 21 lots for single-family homes. . If approved by the Board, the attached Invitation to Bid and Legal Notice will be published and released. . Bids are due August 2,2010. . Selection of a contractor and contract approval will be on the August 10th CRA Board agenda. . The $400,000 NSP funds will act as a $19,000 per home cost buy-down. FISCAL IMP ACT: The CRA will have to front the payments to the contract until the City reimburses the CRA. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approve issuing the Invitation to Bid for the Ocean Breeze West Infrastructure Project. ~oL vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\Ocean Breeze West RFP.doc ._:-.::~~====-=:ti-=,,::::.:~'-:'- ., . -'--::~L~-~ ._____.___.__._...__0____..__..__._____...._. - --...---.....---..-------------o;:r..-..--. --.--- -. ~--1.--3~~1 . J-I"ll. if -, utL' ~ w r::,~'1 ! ,-:::I CS>!. . ~ 9 __ i~ ! ~ I ..\) __ ~ I -c3-l{---- .--- I, ,'I I ~~-3n."" _1_____ ~~ii r - :~:~ I~: @--o[-- . 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"F""" ,.J..t!f .,~- ---r'" _u_____... ~ 2 ~ :r ~ BID "OCEAN BREEZE WEST INFRASTRUCTURE PROJECT" Sealed Bids will be received by the Boynton Beach Community Redevelopment Agency (CRA) , 915 S. Federal Highway, Boynton Beach, FL 33435 All Bids are due on: August 2,2010 NO LATER THAN 4:00 p.m. (LOCAL TIME). SCOPE OF BID: The Boynton Beach CRA is seeking the services of a licensed contractor to furnish all materials and equipment necessary to install all work associated with the Infrastructure Project entitled "OCEAN BREEZE WEST INFRASTRUCTURE PROJECT". Construction will include, but is not limited to furnishing all materials, equipment and labor and to perform all work in accordance with the Contract Documents for the construction of roadways, sidewalks, drainage, potable water, sanitary sewer, and lighting and associated accessory improvements, in support of a to-be-built single family development of twenty-one (21) units (the Work). The undersigned BIDDER agrees to do all the work and furnish all necessary materials. This project is funded through Community Development Block Grants and therefore subject to federal reporting requirements. A MANDATORY Pre-Bid Conference is scheduled for JULY 26, 2010 AT 2:00 A.M. (LOCAL TIME) to be held at REG Architects at 307 Evernia Street, Suite 400, West Palm Beach, FL. Attendance is MANDATORY. Attendance will be indicated by the attendee's signature on the attendance sheet provide at the Pre-Bid Conference. Bidders may obtain plans, specifications, and contract documents at the offices of the Boynton Beach CRA, 915 S. Federal Highway, Boynton Beach, FL. The CRA reserves the right to accept or reject any/or all Proposals and to waive any informalities in the Bid, if such waiver is deemed beneficial to the CRA. LISA A. BRIGHT EXECUTIVE DIRECTOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PUBLICATION: The Sun-Sentinel Date: July 15, 2010 INVITATION TO BID The Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Part III of Chapter 163, Section 356, Florida Statutes, hereafter called OWNER, is requesting sealed written Bids for furnishing all labor, materials, equipment, supervision, and incidentals, and for performing all construction Work required for the Project summarized below. Bidders are cautioned to refer to other sections of the Project Manual, Construction Drawings, Design Specifications and any Addenda for further details. PROJECT: Ocean Breeze West Infrastructure Project - Located at 801 North Seacrest Boulevard. Boynton Beach, FL 33435 and encompasses approximately 4.37 acres. The Work consists of the construction of roadways, sidewalks, drainage, potable water, sanitary sewer, and associated accessory improvements, in support of a to-be-built single family development of twenty-one (21) units. OWNER: Boynton Beach Community Redevelopment Agency Contact: Vivian Brooks, Assistant Director 915 South Federal Highway Boynton Beach, FL 33435 Phone: 561-737-3256 Fax: 561-737-3258 Email: brooksvi@bbfl.us ARCHITECTS: REG Architects Contact Person: Colin Price, VP West Palm Beach, FL 33401 Phone: (561) 659-2383 Fax: (561) 659-5546 Email: colin@regarchitects.com CIVIL ENGINEER: Simmons & White Contact: Greg Bolen 5601 Corporate Way, Suite 200 West Palm Beach, FL 33407 Phone: 561-478-7848 Email: bolen@simmonsandwhite.com BID DUE DATE: Sealed Bids will be received at the 915 South Federal Hi2hway in Boynton Beach ON OR BEFORE Monday AU2ust 2. 2010 at 4:00 n.m. Eastern Standard Time and then publicly opened and read immediately after opening. ALL BIDS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the OWNER's Reception Area is the time of record. Beginning July 15,2010, Bid Documents may be obtained at the Boynton Beach CRA, 915 South Federal Highway in Boynton Beach. A MANDATORY_Pre-Bid Conference will be held on July 26, 2010 at 2:00 p.m. (local time), to be held at REG Architects, 307 Evemia Street, Suite 400, West Palm Beach, FL. Proof of attendance for the Mandatory Pre-Bid Conference will be indicated by the Bidder's signature or their appointee on the attendance sheet provided at the Pre-Bid Conference. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development Bidders shall be notified of the OWNER's selection by August 10,2010 or at any other time to be determined by the OWNER. At the time of bid submission, each bidder must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified Work. The Project utilizes federal funding and is subject to bonding and other requirements. The OWNER reserves the right to reject any or all bids with or without cause, to waive technical errors and informalities, and to accept the Bid that best serves the interest of the OWNER. Please note: Bid proposals must be submitted on the forms provided by the OWNER or an accurate representation thereof. END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 2 SECTION 00100 -INSTRUCTIONS TO BIDDERS A. DEFINITION OF TERMS t. Terms used in this Information for Bidders which are defined in the General Conditions of the proposed Construction Contract have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 2. Bidding Documents - include Construction Drawings, the invitation to Bid, Instructions to Bidders, Bid Form, proposed Contract Language and Documents as defined in the General Conditions and any Addenda issued prior to receipt of bids 3. Base Bid - the amount stated on the Bid Form for which the Bidder offers to perform the Work as described in the Bidding Documents as a base to which Alternate Bid work amounts may be added or deducted from. 4. Addenda - written and graphic documents issued prior to the execution of the Contract to modify or interpret the Bidding Documents. 5. Alternate - Bid the amount stated on the Bid Form which may be added to or deducted from the amount of the Base Bid for a corresponding change in the Work, if accepted. B. BIDDING DOCUMENTS I. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. 2. Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids; neither the OWNER nor the Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 3. OWNER and Architect in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. c. EXAMINATION OF DOCUMENTS AND SITE I. Before submitting a Bid, each Bidder shall (a) examine the Bidding Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Bidding Documents. 2. The Bidding Documents were prepared to present an essentially accurate representation of existing conditions, interpreted from available information on the site. The Bidder is not relieved, however, of the responsibility of becoming fully informed as to existing conditions at the site. 3. Bidders shall examine existing site improvements, existing buildings, vegetation, utilities. and streets to determine aJl conditions which will affect the Work. 4. On request, OWNER wiJl provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of the Bid. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 5. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the General Requirements or Drawings. 6. The submission of a Bid will constitute an incontrovertible representation of the Bidder that he has complied with every requirement of the Bidding Documents and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 7. Information obtained from an officer, agent, or employees of the OWNER, Engineer, or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. D. INTERPRETATION OF BIDDING DOCUMENTS 1. Any questions requiring clarification or interpretation of the Bidding Documents shall be made in writing and shall reach the Architect at least 7 days prior to the date for receipt of bids. 2. Any modification or interpretation of the Bidding Documents will be made by Addendum to all who are recorded as having received a complete set of Bidding Documents. 3. Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. 4. Bidder prior to submitting his Bid, shall ascertain that he has received all Addenda issued, and of all acknowledge their receipt in the Bid Form E. SUBSTITUTIONS 1. Bidders represent that their Bid is based upon the materials and equipment described in the Bidding Documents. 2. Requests for substitutions will be considered prior to receipt of bids if they reach the Architect at least 10 days prior to the date for receipt of bids and are submitted in accordance with requirements of Section. 3. Acceptance by the Architect of a proposed substitution will be issued in the form of an Addendum. F. BIDPREPARATION 1. Prepare bids on the forms provided in this manual with all blanks on the Bid Form filled in by typewriter or written in ink. If forms are electronically reproduced such as scanned or retyped, they must be an exact reproduction of the forms provided. 2. State bid amounts in both words and figures. In case of discrepancy between the two, the amount written in words shall govern. 3. Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Individual - provide name and post office address. Partnership - provide name and post office addresses of each member of the partnership. Boynton Beach Community Redevelopment Agency 4 Ocean Breeze West Site Development Corporation - provide name and post office address of person signing the fom1 and legal evidence of his authority to do so; names and addresses of the corporation president, secretary and treasurer; name of state where chartered; affixed with the seal of -the corporation, attested by the secretan G. BID SUBMITTAL I. Submit one copy of the Bid Form, the bid security and other requested attachments, enclosed in sealed opaque envelope, addressed to the entity receiving the bids as stated in the invitation to bid. Provide the required subcontractor list and bid breakdown in separate envelopes. The envelopes shall be further identified with the Project name, the Bidder's name and address, and the words "BID ENCLOSED." If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 2. Deposit Bids at the designated location on or before the time and date for receipt of Bids indicated in the Invitation to Bid. Bids received after the time and date indicated for receipt of Bids will be returned unopened H. BID SECURITY I. Each Bid shall be accompanied by a certified check drawn on any State or National Bank in Florida or an acceptable Bidders Bond, payable unconditionally to the OWNER, in an amount of five percent (5%) of the amount of the total Bid. 2. Failure of the successful Bidder to enter into the Contract in accordance with his Bid, or failure to furnish the required bonds will be just cause for an annulment of the award with the amount of the bid security being forfeited to the OWNER as liquidated damages, not as a penalty. 3. Should a Bid Bond be used, acceptable Surety companies shall be determined from the latest United States Treasury Department list of companies holding certificates of authority as acceptable Sureties on Federal Bonds 4. The OWNER may retain the bid security of those Bidders to whom an award may be considered until successful execution of the Contract and bonds; or the specified time for holding bids has elapsed; or all Bids have been rejected. I. MODIFICA nON AND WITHDRAWAL OF BID I. Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. 2. After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 30 days after the time and date designated for the receipt of bids. J. OPENING OF BIDS I. Bids submitted will be opened publicly at the time and place stated in the Invitation to Bid. K. GOVERNING LA WS AND REGULA TONS I. The WORK to be performed under this Bid is fmanced with funding from the federal Neighborhood Stabilization Program of the U.S. Department of Housing and Urban Development (HUD) and is subject to the rules and regulations governing said program. Boynton Beach Community Redevelopment Agency " Ocean Breeze West Site Development Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. 2. The WORK to be performed under this Bid is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, as well as any and all applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given low and moderate income residents of the project area, and that contracts for work in connection with the project are awarded to business concerns which are located in, or owned in substantial part by persons residing in the project area. 3. The WORK to be performed under this Bid is subject to the Davis Bacon Act of 1988 and Related Acts. The assigned wage decision and HUD-40 I 0, "Federal Labor Standards Provisions," are hereby incorporated into this bid specification and/or contract, by reference. L. CONTRACT TIME The number of days with which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form and will be included in the Agreement. M. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. N. SUBSTITUTE MATERIAL AND EQUIPMENT. The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Application for acceptance of substitute items will not be considered by Engineer until after the "Effective Date of the Agreement." The procedure for submittal of any such application by Contractor and consideration by Architect will be set forth in Contract. O. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 1. With the execution and delivery of the Contract, the Bidder shall furnish the following Surety bonds of the forms contained herein: a. in an amount equal to 100 percent (100%) of the Contract Sum, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract,. b. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants supplying labor and materials in the Work in an amount equal to 100 percent (100%) of the Contract Sum. 2. The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligation arising there under as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 3. Upon the request of any person or entity appearing to be potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy ofthe bonds or shall permit a copy to be made. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 6 P. SUBCONTRACTOR LIST 1. In conjunction with the Bid Form, Bidder shall submit a list of names and addresses of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form provided in the Project Manual in a separate sealed envelope with the Bidders name and address on the outside. Prior to award of Contract, OWNER will notify the Bidder in writing if either the OWNER of the Architect has an objection to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity, only if approved by the OWNER in writing. Q. SCHEDULE OF VALUES/BID BREAKDOWN 1. In conjunction with the Bid Form Bidder shall submit a detailed breakdown of costs included n the lump sum bid amount for the OWNER's use in allocating internal budgets specifically quantities and unit cost. 2. Submit breakdown on form as provided in this Bid Manual in a separate sealed envelope with the bidders name and address on the outside. R. CONTRACT AWARD AND EXECUTION 1. A ward of Contract: A ward will be made to the lowest, responsive, responsible Bidder. To be considered responsive, the Bid must conform in all respects to the conditions of the Invitation to Bid, to the Instruction to Bidders, Applicable Boynton Beach Codes and to State of Florida law. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within two (2) days of the OWNER's request, written evidence, such as financial data, previous experience, present commitments and other such data as may be called herein. Each bidder must, upon request, provide evidence that, as of the date of Bid Document submission, Bidder, and the listed subcontractors, were qualified to do business in the State of Florida, Palm Beach County and Boynton Beach, as applicable. 2. Bid Tabulations and Notification from OWNER, with recommend awards, will be available at the location where bids were opened, for review by interested parties prior to approval of award, and will remain available for a period of five (5) business days. After posting, any actual or prospective bidder or proposer who is aggrieved in connection with the pending award or other element of the process leading to the award of a contract may protest to the OWNER. The protest shall be submitted within five (5) business days after posting of the award recommendation. The protest must be in writing and must identify the protestor and the solicitation and shall include a factual summary of the basis of the protest. Such protest is considered filed when it is received by the OWNER. Failure to file a protest to the OWNER during the 5 day posting period shall constitute a waiver of proceedings under the Boynton Beach Purchasing Ordinance. I. Until final award of Contract, the OWNER reserves the right to reject any and all Bids, with or without cause; to waive any informality of irregularity; or to accept the Bid which is in the best interest of the OWNER. 2. Disqualification of Bidders - Any of the following causes is considered sufficient to disqualify a Bidder, and reject its bid proposal: a. Collusion among or between bidders. b. Unbalanced bids; that is bids in which the price bid is out of all proportion to other bids received. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 7 c. Lack of responsibility on the part of the Bidders. (For example, no bidder would be considered if it had recently failed to satisfactorily carry out any previous contract with OWNER, Palm Beach County, or other municipality). d. Lack of experience or capital on part of the Bidder. Evidence of experience, ability, financial standing and machinery available may be required of any bidder. e. Substantial evidence of bad character or dishonesty. f. Lack of current applicable certification and/or license for the purpose of performing the specific work. g. Any cause listed under the Boynton Beach Purchasing Code as amended. h. History of unsuccessful claims asserted by Bidder against public OWNERs in the State of Florida, such as to establish a trend ofimproperly asserted claims. i. Any other cause which, as a matter of law renders the Bid non-responsive or non-responsible. 3. Upon acceptance ofa Bid and award of Contract, the successful Bidders shall deliver the executed Contract along with required bonds and any other items requested, to the OWNER within 10 days. Failure to do so will be deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders to hold bid price for three months. END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 8 SECTION 00120 - PERFORMANCE BOND AND PAYMENT BONDS PAYMENT BOND (FOR LABOR AND MATERIALS) THIS BOND IS ISSUED SIMUT ANEOUSL Y WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT AS PROVIDED BY SECTION 255.05. F.S. KNOW ALL MEN BY THESE PRESENTS: that (here insert full name and address of Contractor) as Principal, hereinafter called Contractor and, (here insert full name and address of Surety) as Surety. hereinafter called Surety, are held and firmly bound unto Boynton Beach Community Redevelopment Agency and on behalf of its Board, hereinafter called OWNER, for the use and benefit of claimants as herein below defined, in the amount of (here Insert Contract Sum) for the payment whereof Contractor and Surety bind themselves, theirs heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS: Contract has by written agreement dated ,200 , entered into a contract with OWNER for construction of Ocean Breeze West Site Development, in accordance with Drawings and Specifications prepared by REG Architects, Inc., 307 Evemia Street, Suite 400, West Palm Beach, FL 33401, which OWNER Contractor Agreement is by reference made a part thereof and is hereinafter referred to as the Agreement. THE CONDITIONS OF THIS BOND are such that: I. If Contractor shall promptly make all payments owning when due to all persons who are defined in Section 713.0 I, Florida Statutes, whose claims derive directly or indirectly form the prosecution of the Work provided for in the Agreement then this bond is void; otherwise, it remains in full force and effect. 2. Each said claimant shall have a right of action against the Contractor and Surety for the amount due the claimant. No such action shall subject the OWNER to any cost, expense, loss or damage. and attorney's fees sustained by OWNER as a result of any default by Contractor under the Agreement. 3. A claimant, except a laborer, who is not privity with the Contractor and who has not yet received payment for his labor, materials, equipment or supplies shall, within forty five (45) days after the beginning to furnish labor, materials, equipment or supplies for the prosecution of the Work, furnish the Contractor with a notice that the claimant intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for labor, materials, equipment or supplies shall, within ninety (90) days after completing performance of the labor or after completing delivery of the materials, equipment or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials, equipment or supplies and of the nonpayment. No action for the labor, materials, equipment or supplies maybe instituted against the contractor or the Surety after one (I) year from the date performance of the labor is completed or delivery of the materials, equipment or supplies is completed. 4. An action against the Surety or the Contractor, or both, may be brought in the county in which the public building or public Work is being constructed or repaired or in any other place authorized by the provisions of Chapter 47, Florida Statutes. 5. The amount of this bond shall be changes only to the extent that the Contract Sum is changed in accord with applicable provisions of the Contract for Construction. Boynton Beach Community Redevelopment Agency q Ocean Breeze West Site Development 6. Neither any change in or under the Contract Document, nor any compliance or noncompliance with any formalities provided in the Agreement or the change shall relive the Surety of its obligations under this Bond. SIGNED AND SEALED THIS DAY OF 200 (Contractor Name & Seal) By: (Name & Title) (Surety Name & Seal) By: (Resident Agency as Attorney in Fact) (Address) (Power of Attorney attached hereto) Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 10 PERFORMANCE BOND THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND (FOR LABOR &. MATERIALS) IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUl PERFORMANCE OF THE CONTRACT AS PROVIDED BY SECTION 255.05. F.S KNOW ALL MEN BY THESE PRESENTS: that (here insert full name and address of Contractor) as Principal, hereinafter called Contractor and (here insert full name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Boynton Beach Community Redevelopment Agency and on behalf of its Board, hereinafter called OWNER, for the use and payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. WHEREAS: Contractor has by written agreement dated ,200 , entered into a contract with OWNER for construction of Ocean Breeze West Site Development, in accordance with Drawings and Specifications prepared by REG Architects, West Palm Beach, Florida, which OWNER Contractor Agreement is by reference made a part hereof, and is hereinafter referred to as the Agreement. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Agreement, then this obligation shall be null and void; otherwise. it shall remain in for fore and effect. This Surety hereby waives notice of any alteration or extension of time made by the OWNER. Whenever Contractor is in default under the Agreement, and the OWNER has performed its obligation there under, the Surety shall promptly remedy the default, in accordance with Section 255.05, Florida Statutes, or shall promptly obtain a bid or bids completing the Agreement in accordance with its terms and conditions and arrange for a contract between such bidder and the Surety, and pay as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) the cost of the completion less the balance of Contract Sum; but not excluding, including other costs and damages for which Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of Contract Sum," as used in this paragraph --- mean the total amount payable by OWNER to Contractor under the Agreement and any amendments thereto less the amount properly paid by OWNER to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the OWNER named herein or the heirs, executors, administrator or successors of the OWNER. INTENTIONALL Y LEFT BLANK Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 11 SIGNED AND SEALED THIS DAY OF 200 (Contractor Name & Seal) By: (Name & Title) (Surety Name & Seal) By: (Resident Agency as Attorney in Fact) (Address) (Power of Attorney attached hereto) END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 12 SECTION 00200 OWNERS SUPPLEMENTAL CONDITIONS I. UNCOVERING OF WORK I. If a portion of the Work is covered contrary to the Architect/Engineer's request or to requirements specifically expresses in the Contract Documents, it must, if required in writing by the Architect/Engineer, be uncovered for the Architect/Engineer's observation and be replaced at the Contractor's expense without change in the Contract Time. 2. I f a portion of the Work has been covered which the Architect/Engineer has not specifically requested to observe prior to it's being covered, the Architect/Engineer may request to see such work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Document cost of uncovering and replacement shall, by appropriate Change Order, be charged to the OWNER. Ifsuch Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the OWNER or a separate contractor, in which event the OWNER shall be responsible for payment of such costs II. CORRECTION OF WORK I . The Contractor shall promptly correct Work rejected by the Architect/Engineer or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear cost of correcting such rejected Work, including additional testing and inspections and compensation for the Architect/Engineer's services and expenses made necessary thereby. The Contractor shall commence correction of the Work within seven (7) days after the date of written notice from the Architect/Engineer. 2. If, within one (I) year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for the commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, of any of the Work is found to be not in accordance with the requirements ofthe Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the OWNER to do so, unless the OWNER has previously given the Contractor a Written acceptance of such condition. This period of one (I) year shall be extended with respect to portion of Work first performed after Substantial Completion by the Period of time between the Substantial Completion and actual performance of the Work. This obligation and termination of the Contract The OWNER shall give such notice promptly after discovery of the condition. 3. The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the OWNER. 4. If the Contractor fails to correct nonconforming Work within a reasonable time, the OWNER may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such non conforming Work within a reasonable time fixed by written notice from the Architect/Engineer, the OWNER may remove it and store the salvable materials or equipment at the Contractor's expense. If the contractor does not pay cost of such removal and storage within ten (10) days after written notice, the OWNER may upon ten (10) additional days written notice, sell such materials and equipment at auction or at private sale and shall account for the proceed therefore, after deducting cost and damages that should have been borne by the Contractor, including compensation for the Architect/Engineer's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the OWNER. S. The Contractor shall bear the cost of correcting destroyed or damaged constructions, whether completed or partially completed, of the OWNER or separate contractor caused by the Contractors/'s correction or removal of Work which is not in accordance with the requirements ofthe Contract Documents. Boynton Beach Community Redevelopment Agency 1 :; Ocean Breeze West Site Development 6. Nothing contained in this Paragraph 12.2, shall be construed to establish a period of limitation with respect to other obligations, which the Contractor might have under the Contract Documents. Establishments or the time period of one year as described in Subparagraph 12.2.2 relates only to specific obligation of the Contractor to correct the Work and has no relationship to time within which obligation to comply with the Contract Documents maybe sought to be enforced, nor to the time within which proceedings may be obligations that specifically to correct the Work. III. ACCEPTANCE OF NONCONFORMING WORK 1. If the OWNER prefers to accept Work, which is not in accordance with the requirements of the Contract Documents, the OWNER may do so instead of requiring its removal and correction, in which case the Contract Sum will be, reduced a appropriate and equitable. Such adjustment shall be effective whether or not fmal payment has been made. IV. SUCCESSORS AND ASSIGNS 1. The OWNER and Contractor respectively bind themselves, their partners, successors, assigns and legal representative to the other party hereto and to partners, successors, assigns and legal representatives of such other party respect to covenants, agreements and obligations contain in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. In case the Contractor, on written consent of the OWNER, assigns all or any part of any money due or to become due under this Contract, the instrument of assignments shall contain a clause substantially to the effect that it is agreed that the right to the assignee to any money due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the Work called for in this Contract. V. WRITTEN NOTICE I. Written notice shall be deemed to have been duly served if delivered in person to the individual or a member ofthe firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. VI. RIGHTS AND REMEDIES 1. Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 2. No section or failure to act by the OWNER, Architect/Engineer or Contractor shall constitute a waiver of a right duty afforded them under the Contract, nor shall such action or failure to act constitutes approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. VII. INTEREST 1. Interest shall be paid in certain cases as provided by Section 215.422, F.S. 2. The Contractor shall be required to pay interest to Subcontractors and suppliers in certain cases where payments are not within the time constraints of Section 287.0585, F.S. VIII. COMMENCEMENT OF STATUTORY LIMITATION PERIOD 1. As Between the OWNER and Contractor: i. Before Substantial Completion, any applicant statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; ii. Before Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the Final Certificate for Payment, any Boynton Beach Community Redevelopment Agency 14 Ocean Breeze West Site Development applicable statue of limitations shall commence to run and any alleged cause 01 action shall be deemed to have accrued in any and all events not later that the date of issuance of the Final Certificate for Payment; and iii. After Final Certificate for Payment. As act or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statue oflimitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under the Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or OWNER, whichever occurs last. IX. HARMONY 1. The Contractor shall exert every reasonable and diligent effort to assure that all labor employees by the Contractor and the Subcontractors for Work on the Project shall Work in harmony with and be compatible with all other labor being used on the site of the Project, and representative of the ArchitecturallEngineer and the OWNER. 2. The Contractor shall include this Provision in all contracts with Subcontractors, and the Contractor shall require that such provision be included in the contracts between the Subcontractors and the Subcontractors; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non- membership in any labor union or labor organization, the right of any person to Work as guaranteed by Article I, Section 6 of the Florida Constitution. X. CHANGE OF ADDRESS I. If the address of the Contractor changes, the Contractor shall provide written notice to that effect to both the OWNER and the Architect/Engineer. 2. If in the execution of the Work and items of historical significance or any valuable items or materials of any kind are discovered buried or hidden within the Work, such items or materials shall bee the property of the OWNER. The Contractor shall immediately upon discovery of such items or materials, and before removal thereof, acquaint the ArchitectlEngineer with such discovery and carry out by Change Order, at the expense of the OWNER, the ArchitectlEngineer's orders as to the disposal of the items or materials. Xl. TERMINA nON BY THE OWNER FOR CAUSE 1. The OWNER may terminate the Contract if the Contractor: i. Persistently or repeatedly refuses or fails to supply enough properly skilled Workers or proper materials; 11. Fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractor; iii. Persistently disregards laws, ordinances, or rules regulations or orders of a public authority having jurisdiction; or IV. Otherwise is guilty of substantial breach of a provision of the Contract Documents. 2. When any ofthe above reasons exist, the OWNER, upon certificate by the ArchitectlEngineer that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the OWNER and after giving the Contractor and the Contractor's surety, if any, seven (7) days written notice, terminate employment of the Contractor and may, direct the surety to: i. Take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor: ii. Accept assignments of subcontracts pursuant to Paragraph 5.4; and Hi. Finish the Work by whatever reasonable method the OWNER may deem expedient Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development ] " 3. When the OWNER terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 4. If the Contractor surety is directed to complete the Work, then all payments made after termination shall be made to the surety until the Work is finished and the Contract Sum has been expended. The surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract and shall be bound by the conditions of the Contract to fulfill all obligations of the Contract for the Contract Sum therein. The surety may not assign those obligations without written consent of the OWNER. The surety shall be responsible for the payment of all costs relating to the termination of the employment of the Contractor including compensation for the ArchitectlEngineer's services and expenses necessary thereby, the amount to be paid to the surety or OWNER, as the case may be, shall be certified by the Architect/Engineer, upon application, and this obligation for payment shall survive termination of the employment of the Contractors. XII. SUSPENSION BY THE OWNER FOR CONVIENCE I. The OWNER may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the OWNER may determine. 2. An adjustment shall be made fir increase in the cost of performance of the Contract including profit on increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: i. That performance is, was, or would have been suspended delayed or interrupted by another cause for which the Contractor is responsible; or ii. That an equitable adjustment is made or denied under another provision od this Contract. 3. Adjustment made in the cost of performance may have a mutually agreed fixed or percentage fee. XIII. DRUG-FREE WORKPLACE CERTIFICATION I. In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug-free workplace. The bidder shall complete and submit with its bid proposal the attached certification. Failure to include an executed certification may cause the bid proposal to be considered non-responsive. END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 16 SECTION 00300-BID FORM. The Bid Form shall be executed when submitted. Only one copy of the Bid Form is required. All bids shall be made only on the Bid Form and the related Bid Schedule of Values form furnished with the Project Manual. All blank spaces for bid prices on each Bid Schedule upon which the Bidder is submitting a bid shall be filled in or it will be presumed that any such omitted entry is intentional, and the corresponding item is bid at no cost. Bid Forms shall be completed in ink or by typewriter. Bids by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. OWNER: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 PROJECT: Ocean Breeze West Site Development 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all ofthe terms and conditions of the Information for Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for 45 days after the day of Bid opening. BIDDER shall sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of A ward. 3. In submitting this Bid, the BIDDER represents, as more fully set forth in the Agreement, that: A. BIDDER has examined copies of all the Contract Documents and Bidding Documents and of the following addenda: Date Number (receipt of all of which is hereby acknowledged) and also copies of the Advertisement and the Information for Bidders); B. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. C. This Bid is genuine and not made in the interest or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 17 D. In submitting this Bid, BIDDER represents that: 1. The total bid for each Bid Schedule includes all work necessary to complete that portion of the project described in each Bid Schedule, and the total of all Bid Schedules represents the entire scope of work covered by the Contract Documents. If a particular item of work is not specifically separated as a bid item, the cost therefore is to be considered included in the bid item most nearly related. 2. The total bid for each Bid Schedule is based on the quantities shown on the Bid Form and on the dimensions shown on the drawings where specific quantities are not itemized. When Bid Schedules are based upon unit prices, the Contract Amount will be adjusted by change order at the corresponding unit prices according to the actual quantities and measurement of the finished construction as determined by the Engineer upon completion of construction. E. (Name of Bidder) Proposes to furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for the construction of roadways, sidewalks, drainage, potable water, sanitary sewer, and associated accessory improvements, in support ofa to-be-built single family development of twenty (21) units (the Work). The undersigned BIDDER agrees to do all the work and furnish all materials called for by the Bidding Documents, in the manner prescribed therein and to the standards of quality and performance established by the Architect for the lump sum price stated in the spaces provide herein, for each of the items or combination of items stipulated. Base Bid Dollars (Writing) F. BIDDER agrees to commence work within 7 days after the date of written Notice to Proceed, to substantially complete the Work within the following number of consecutive calendar days after the Notice to Proceed as follows, subject to such extensions of time allowed by the Conditions of the Contract, and to achieve Final Completion of Work by no later than 14 days after the actual date of substantial completion. The Work shall be substantially completed within 180 consecutive calendar days after the date of Written Notice to Proceed. The undersigned Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 days after the scheduled closing time for receiving bids. BIDDER accepts the provisions of the Contract as to liquidated damages in the event offailure to complete the Work on time. G. The following documents are attached to and made a condition of this Bid: 1. Required Bid Security in the form of (Bid Bond) (Certified Check). 2. A tabulation of Subcontractors and other persons and organizations required to be identified in the bid. 3. Statement of Bidder's Experience with supporting data on forms provided. 4. Certificate ofNon-Discrimination. 5. Certificate of Non-Suspension and Disbarment 6. Schedule of Values 7. Copies of current contractor's licenses, and proof of workman compensation and liability insurance 8. Other forms required by Instructions to Bidders. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 18 THE BIDDER SHALL COMPLETE THE FOLLOWING AS APPLICABLE: AN INDIVIDUAL By ~_.__~__ (Individual's Name) doing business as _---------~ -~~ A PARTNERSHIP By .. (Finn Name) A CORPORA nON By (Corporation Name) (State of Incorporation) By (Name) -------,--_.~------_._.,-,._._"-----_.-.- (Title) Attest (Secretary) (Corporate Seal) Business address: Phone No.: Facsimile No.: SUBMITTED on .20 END OF SECTION This form must be completed and included in the bid submission. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 19 SECTION 00400 - SCHEDULE OF V ALVES A. DATE SUBMITTED: TO: Boynton Beach Community Redevelopment Agency, Inc. 915 South Federal Highway Boynton Beach, FL 33435 RE: Ocean Breeze West Site Development Having become familiar with conditions at the Project Site and having carefully examined the Bidding Documents, and the Contract Documents including, but not limited to, the General Conditions, Supplementary Conditions, Specifications, Addenda, and Drawings, we propose to complete all work for the following sum: NOTE: Bidders to attach spreadsheet detailing quantities and unit cost. BASE BID: GeneralRequrremen~ $ Impact Fees $ Building PermitFees $ Earthwork $ Paving, Curbing, Sidewalks $ Drainage $ Wastewater Collections System $ Water Distribution System $ Clearing/Site Preparation $ Survey Layout and As-builts $ T estingfMeters $ Mobilization $ $ A. SUB- TOTAL $ B. GENERAL CONTRACTOR OVERHEAD & PROFIT: $ C. COST OF BONDING $ TOTAL CONTRACT PRICE (A+B+C) = $ ESTIMATED CONSTRUCTION TIME: ALL work shall be substantially complete within calendar days and all work and requirements ofthe Contract Documents shall be fully and finally complete within fourteen (14) calendar days of substantial completion. Dated this day of (month) (year) Contractor: By: Title Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 20 This form must be completed and included in the bid submission. SECTION 00420 - LIST OF SUBCONTRACTORS I. SUBMITT AL - Submit in separate sealed envelope and label in accordance with instructors to Bidders. II. GENERAL WORK - Use notation "GC" for phases of Work to be done by Bidder through direct employees, PHASE OF WORK SUBCONTRACTOR General Conditions -----"-----'---~..._._---- --' - .--- ---------_.,._-,-_.~._.__.~- '-- Site Work -------------...--..----..----- -.----.,'-- END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development ')1 LI. SECTION 00500 - STATEMENT OF BIDDERS EXPERIENCE & QUALIFICATIONS The forms included in this Section must be completed and included in the bid submission. Project Name: Ocean Breeze West Site Development All questions on this form must be answered and data given must be clear and comprehensive. If necessary, questions may be continued on separately attached sheets. PART] - GENERAL 1.1 Bidder must submit Attachments A, B, and C contained in this Statement of Bidder's Experience form. Failure to do so will constitute an incomplete Bid, which will be rejected. Information must be provided to the OWNER as part of the formal Bid. 1.2 The Bidder and OWNER agree that, apart from the determination of the apparent low Bid, the responsibility of the Bidders will be considered in awarding a Contract for this Project. In connection therewith, the three (3) apparent low Bidders may be required to submit a set of additional completed attachments to the Statement of Bidder's Experience Form within three (3) days of notification from the OWNER for the OWNER's consideration and, if the OWNER determines that none of the three apparent low Bidders is qualified as a responsible Bidder, then the nextthree lowest apparent Bidders will be notified by the OWNER and will be required to submit a completed set of the additional required attachments to the Statement of Bidder's Experience Form, and so on, until a Contract is awarded by OWNER to the lowest responsible Bidder. The Bidder being sought must be able to complete the following activities: . Review work specifications and prepare detailed estimates of construction costs. Clarify work to be completed with the Project Architect and OWNER staff or representative. . Review architectural drawings, plans and elevations and meet with the Project Architect and Engineer during the preparation of construction drawings, where applicable. . Prepare detailed construction schedules and timelines. . Identify and secure the services of all required subcontractors, and identify and secure all materials, supplies, tools and equipment required to perform the work. . Identify and assign a competent project manager who will serve as liaison with OWNER. PART 2 - BIDDER'S INFORMA nON 2.1 Bidder's Information In order to make a responsive Bid, Bidder must answer all questions completely and all information must be clear, accurate and comprehensive. If necessary, questions may be answered on separate attached sheets. The forms to complete this requirement are attached hereto as Attachment A. PART 3 - EXPERIENCE REQUIREMENTS 3.1 In order to make a responsive Bid, the Bidder must provide the following with its bid: A. Submit experience records and [mancial statements demonstrating a minimum of five (5) years experience as a licensed general contractor. B. Copies of current State of Florida and Palm Beach County general contractor's license, as applicable. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 22 C. Using Schedule A attached hereto, list a minimum ofthree (3) of the largest projects or projects of comparable size, complexity and scope successfully completed by the bidder within the last five years. D. Using Schedule B attached hereto, list all current projects that are over three hundred thousand dollar ($300,000) value contract amount, and are active by your firm. Use this form to show all previous work performed for the City of Boynton Beach. the OWNER.. or any other municipality or that demonstrates the use of federal funds. E. Using Schedule C attached hereto, briefiy state Key Personnel job experience and role to be performed on the project. F. Information such as independent reports or testimonials that would demonstrate past performance in terms of cost control, quality of work and compliance with schedules 3.2 Profile and Qualifications - Technical qualifications and experience including those of staff member (s) who would work directly with OWNER in completing the Scope of Work. This should also include the resume (s) of the individual (s) performing the services. The bidders must also provide the following: . List of Professional References . A copy of general and professional liability insurance coverage. . Financial References Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development <)~ ..c5 SCHEDULE A. Relevant Project Experience Note: Provide one form Schedule A. per project. Include at least the three largest projects completed in the last five years. Duplicate form as necessary. Project Title: Project Type: Location: Total Dollar Value: Schedule Start Date Scheduled Completion Date Actual Completion Date Scheduled Costs Actual Costs * OWNER! Agencv ArchitectJEngineer Name: Address: Phone No. Other contacts (specify name, organization, address, and phone number) Brief description of project scope and type of work. *Describe reasons for cost overruns or savings. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 24 Statement of Bidder's Experience and Qualifications SCHEDULE B. Current Projects List all current projects over three hundred thousand dollar amount that are active by your firm. If you have done work for the City of Boynton Beach or the OWNER in the past, or another municipality. use this form to show that work, regardless the dollar amount. Duplicate form as necessary. Project Title Dollar Work Type I Start Date Completion Contact I Contact II Amount Date Person I Phone I i i i ! ! I I I : I 1 i I ! ! i 1 i i i I I ! ! i i ! I , i i I I ! . : T : [ I I I ! I ! 1 T i .. --+-------4-------.--+----------. I ! ~t=-=-~- ... i : . _~__L~ . i i I Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 2:'i Statement of Bidder's Experience and Qualifications SCHEDULE C. Key Personnel Note: Attach a copy of the resume for each key personnel Name: Proposed Role: Years of experience performing in a similar role: Locally available? Educational background/Special Training/Certifications/Licenses: Experience: Describe experience, list projects performed where key personnel had a similar role as that proposed. Indicate the name of the project, the dollar value of the project, OWNER, and brief description of role in project. Attach additional sheets as necessary. Project: Contract $ Amount OWNER: Description of role in project: Project: Contract $ Amount OWNER: Description of role in project: END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 26 SECTION 01100- SUMMARY PART] - GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: The Project consists of the Construction of site improvements as identified in the Construction Documents. I. Project Location: 80 I North Seacrest Boulevard, Boynton Beach, FL 33435 and encompasses approximately 4.37 acres. 2. OWNER: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 B. The Work includes all construction work related to site development including underground utilities, roads, sidewalks, etc. C. The Project will be constructed under a general construction contract. ] .2 WORK SCHEDULE The Work shall be substantially complete and ready within 4 months of commencement of construction. 1.3 USE OF PREMISES A. General: Contractor shall have full use of the premises at 700and 80] North Seacrest Boulevard, Boynton Beach, FL 33435 for construction operations, including the use ofthe Project site, during the Construction period. Contractor's use of premises is limited only by the OWNER's right to perform work or to retain other contractors on portions of the Project not covered by the Contract. 1.3 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style oflanguage and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: I. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in Specifications. Requirements expressed in the imperative mood are to be performed by the ContractoL Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or others when so noted. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or a phrase END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development SECTION 0]310 - PROJECT MANAGEMENT AND COORDINATION PART I - GENERAL 1.1. SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. General Project coordination procedures. 2. Coordination Drawings. 3. Project Meetings. B. See Division 1 Section "Summary of Multiple Contracts" for a description of the division of Work among separate contracts and responsibility for coordination activities not in this Section. C. See Division 1 Section "Execution Requirements" for procedures for coordination general installation and field-engineering services, including establishment of benchmarks and control points. 1.2. A. COORDINATION Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Ifnecessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for OWNER and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's Construction Schedule. 2. Preparation of the Schedule of Values. 3. Installation and removal oftemporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 28 1.3. A. SUBMlTT ALS Coordination Drawings: Prepare Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. I. Indicate relationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. IA. PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site. I. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. NotifY OWNER and Architect of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including OWNER and Architect, within 3 days of the meeting. B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to OWNER and Architect, but no later than 15 days after execution of the Agreement. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of OWNER, Architect, and their consultants; Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, include the following: a. Tentative Construction schedule. b. Phasing. c. Critical work of sequencing. d. Designation of responsible personnel. e. Procedures for processing field decisions and Change Orders f. Procedures for processing Application for Payment. g. Distribution of the Contract Documents h. Submittal procedures. I. Preparation of Record Documents. J. Use of the premises. k. Responsibility for temporary facilities and controls. \. Parking availability. m. Office, work, and storage areas. n. Equipment deliveries and priorities. o. First aid. p. Security. q. Progress Cleaning. r. Working Hours. C. Pre-installation Conferences: Conduct a pre-installation conference at Project site before each construction activity that requires coordination with other construction. 1. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Architect of scheduled meeting dates. 2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 29 a. Contract Documents. b. Options. c. Related Change Orders. d. Purchases. e. Deliveries. f. Submittals. g. Review of mockups. h. Possible conflicts. i. Compatibility of materials. j. Time schedules. k. Weather limitations. 1. Manufacturer's written recommendations. m. Warranty requirements. n. Compatibility of materials. o. Acceptability of substrates. p. Temporary facilities and controls. q. Space and access limitations. r. Regulations of authorities having jurisdiction. s. Testing and inspecting requirements. t. Required performance results. u. Protection of construction and personnel. 3. Record significant conference discussions, agreements, and disagreements. 4. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to be performance of the Work and reconvene the conference at earliest feasible date. D. Progress Meetings: Conduct progress meetings at monthly intervals. Coordinate dates of meetings with preparation of payment requests. ]. Attendees: In addition to representatives of OWNER and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shaH be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. b. Review present and future needs of each entity present, including the following: ] . Interface requirements. 2. Sequence of operations. 3. Status of submittals. 4. Deliveries 5. Off-site fabrication 6. Access. 7. Site utilization 8. Temporary facilities and controls. 9. Work hours. 10. Hazards and risks. Boynton Beach Community Redevelopment Agency 30 Ocean Breeze West Site Development ! 1. Progress cleaning. 12. Quality and work standards 13. Change Orders 14. Documentation of information for payment requests 3. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. Include a brief summary. in narrative form. of progress since the previous meeting and report a. Schedule Updating: Revise Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 31 SECTION 0]400 - QUALITY REQUIREMENTS PART] -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specified tests, inspections, and related actions do not limit Contractor's quality-control procedures that facilitate compliance with the Contract Document requirements. 2. Requirements for Contractor to provide quality-control services required by Architect, OWNER, or authorities having jurisdiction are not limited by provisions of this Section. C. See Divisions 2 through 16 Sections for specific test and inspection requirements. 1.2 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution ofthe Work to guard against defects and deficiencies and ensure that proposed construction complies with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by Architect. C. Mockups: Full-size, physical example assemblies to illustrate finishes and materials. Mockups are used to verify selections made under Sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation; they are not Samples. D. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. 1.3 DELAGA TED DESIGN A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. ] . If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. 1.4 SUBMITTALS A. Qualification Data: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by recognized authority. B. Delegated-Design Submittal: In addition to Shop Drawings, Product Data, and other required submittals, submit a statement, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional, indicating that the products and systems are in compliance with performance and design criteria indicated. Include list of codes, loads, and other factors used in performing these services. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 32 C. Reports: Prepare and submit certified written reports that include the following: I. Date of Issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection result and an interpretation of test results. 10. Ambient conditions at time of sample taking and testing and inspecting. II. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature oflaboratory inspector. 13. Recommendations on retesting and reinspecting. D. Permits, Licenses, and Certificates: For OWNER's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations, bearing on performance of the Work. 1.5 QUALITY ASSURANCE A. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. B. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. C. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. D. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance. E. Professional Engineer Qualification: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar those indicated for this Project in material, design, and extent. F. Specialists: Certain sections of the Specifications require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. I. Requirements for specialist shall not supersede building codes and similar regulations governing for the Work, nor interfere with local trade-union jurisdictional settlements and similar conventions. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development .-, ., .1.' G. Testing Agency Qualifications: An agency with the experience and capability to conduct testing and inspecting indicated as documented by ASTM E 548, and that specializes in types of tests and inspections to be performed. H. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: 1. Build mockups in location and of size indicated or, of not indicated, as directed by Architect. 2. Notify Architect seven days in advance of dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Obtain Architect's approval of mock ups before starting wok, fabrication, or construction. 5. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. 6. Demolish and remove mockups when directed, unless otherwise indicated. ].6 QUALITY CONTROL A. OWNER Responsibilities: Where quality-control services are indicated as OWNER's responsibility, OWNER will engage a qualified testing agency to perform these services. ]. OWNER will furnish Contractor with names, addresses, and telephones numbers of testing and inspecting they are engaged to perform. 2. Costs for resting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor. B. Contractor Responsibilities: Unless otherwise indicated, provide quality-control services specified and required by authorities having jurisdiction. ]. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality control services. 2. Notify testing agencies at least 24 hours in advance oftime when Work that requires testing or inspecting will be performed. 3. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 4. Testing and inspecting requested by Contractor and not C. Special Tests and Inspections: OWNER will engage a testing agency to conduct special tests and inspections required by authorities having jurisdiction as the responsibility of OWNER. ]. Testing agency will notify Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. 2. Testing agency will submit a certified written report of each test, inspection, and similar quality-control service to Architect with copy to Contractor and to authorities having jurisdiction 3. Testing agency will submit a fmal report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 34 4. Testing agency will interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents 5. Testing agency will retest and reinspect corrected work D. Manufacturer's Field Services: Where indicated, engage a factory authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing. E. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that revised or replaced Work that failed to comply with requirements established by the Contract Documents. F. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. I. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Interpret tests and inspection and state in each report whether tested and inspected work complies with or deviates from requirements. 3. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor 4. Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. 5. Do not perform any duties of Contractor. G. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: I . Access to the Work 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field-curing oftest samples. 5. Delivery of samples to testing agencies 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. H. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 35 1. Schedule times for tests, inspections, obtaining samples, and similar activities. 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. ] . Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION 0]400 Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 36 SECTION 01700 - EXECUTION REOUIREMENTS P ART I - GENERAL 1.1 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: I . Construction layout. 2. Field engineering and surveying. 3. General installation of products. 4. Progress cleaning 5. Starting and adjusting. 6. Protection of installed construction 7. Correction of the Work. B. See Division I Section "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of OWNER-accepted deviations from indicated lines and levels, and final cleaning. SUBMITTALS 1.2 A. B. C. D. 1.3 A. Certificates: Submit Certificate signed by land surveyor certifying that location and elevation of improvements comply with requirements. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal. Certified Surveys: Submit two copies signed by land surveyor Final Property Survey: Submit 10 copies showing the Work performed and record survey data. QUALITY ASSURANCE Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated. 3.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work, I. Before construction, verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction affecting the Work 1. Furnish location data for work related to Project that must be performed by public utilities serving Project site. C. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. I. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. Boynton Beach Community Redevelopment Agency ~ '7 Ocean Breeze West Site Development 2. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 3. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility Information: Furnish information to OWNER that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by OWNER or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify OWNER not less than three days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without OWNER's written permission. C. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to it to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. D. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. E. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Architect. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. Submit requests on CSI Form l3.2A, "Request for Interpretation." 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to layout the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly. B. General: Engage a land surveyor to layout the Work using accepted surveying practices. ]. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 3. Inform installers oflines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5. Notify Architect when deviations from required lines and levels exceed allowable tolerances. 6. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and layout site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and invert elevations. D. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Architect. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 38 3.4 FIELD ENGINEERING A. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. B. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of a benchmark. I . Record benchmark locations, with horizontal and vertical data, on Project Record Documents. C. Certified Survey: On completion of foundation walls, major site improvements, and other work requiring field-engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and sitework. D. Final Property Survey: Prepare a final property survey showing significant features (real property) for Project. Include on the survey a certification, signed by land surveyor, that principle metes, bounds, lines, and levels, of Project are accurately positioned as shown on the survey I . Recording: At Substantial Completion, have the fmal property survey recorded by or with authorities having jurisdiction as the official "property survey." 3.5 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. I. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operation or loading in excess of that expected during normal conditions of occupancy. E. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the Work I. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. 2. Allow for building movement, including thermal expansion and contraction. F. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. G. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.6 PROGRESS CLEANING Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 3q A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully I. Comply with requirements in NFP A 24 I for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days ifthe temperature is expected to rise above 80 deg F. 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose oflegally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. ]. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. G. During handling and installation, clean and protection construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. H. Clean and provide maintenance on completed construction as frequently as necessary through the remainder ofthe construction period. Adjust and lubricate operable components to ensure operability without damaging effects. I. Limiting Exposures: Supervise construction operations to assure that no part ofthe construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.7 A. B. C. 3.8 A. B. STARTING AND ADmSTING Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipments. PROTECTION OF INSTALLED CONSTRUCTION Provide fmal protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. Comply with manufacturer's written instructions for temperature and relative humidity. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 40 3.9 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes Comply with requirements in Division I Section "Cutting and Patching.' I. Repairing includes replacing defective parts, refinishing damaged surfaces. touching up with matching materials, and properly adjusting operating equipmen1 B. Restore permanent facilitates used during construction to their specified condition C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched and broken glass or reflective surfaces. END OF SECTION 01700 Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 41 SECTION 02230 - SITE CLEARING PART I-GENERAL ].1 SUMMARY A. This Section includes the following: ]. Protecting existing trees and vegetation to remain. 2. Removing trees and other vegetation. 3. Clearing and grubbing. 4. Topsoil stripping 5. Removing above-grade site improvements. 6. Disconnecting, capping or sealing, and abandoning site utilities in place. 7. Disconnecting, capping or sealing, and removing site utilities. 1.2 MATERIALS OWNERSHIP A. Except for materials indicated to be stockpiled or to remain OWNER's property, cleared materials shall become Contractor's property and shall be removed from the site. 1.3 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. B. Salvable Improvements: Carefully remove items indicated to be salvaged and store on OWNER's premises where indicated. C. Notify utility locator service for area where Project is located before site clearing. PART 2 - PRODUCTS 2.1. SOIL MATERIALS A. Satisfactory Soil Materials: As specified in Division 2 Section" Earthwork." 1. Obtain approved borrow soil materials off-site when satisfactory soil materials are not available on-site. PART 3 - EXECUTION PREPARATION 3.1. A. B. C. 1. 3.2 A. Before starting any demolition work, provide erosion-control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. Locate and clearly flag trees and vegetation to remain or to be relocated. Protect existing site improvements to remain from damage during construction. Restore damaged improvements to their original condition, as acceptable TREE PROTECTION Erect and maintain a temporary fence around drip line of individual trees or around perimeter drip line of groups of trees to remain. Remove fence when construction is complete. Boynton Beach Community Redevelopment Agency 42 Ocean Breeze West Site Development B. Do not excavation within drip line of trees, unless otherwise indicated. C. Where excavation for new construction is required within drip line of trees, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations, in a manner approved by Architect D. 3.3 A. B. C. 3.4 A. B. UTILITIES Locate, identify, disconnect, and seal or cap off utilities indicated to be removed. Fill depressions, caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. Excavate for and remove underground utilities indicated to be removed. CLEARING AND GRUBBING Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. Removal includes digging out stumps and obstructions and grubbing roots. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. ] . Place fill material in horizontal layers not exceeding 8-inch (200-mm) loose depth, and compact each layer to 98% density. AASHTO T-180. 3.5 TOPSOIL STRIPPING A. Remove sod and grass before stripping topsoil. B. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with underlying subsoil or other waste materials. C. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust. If topsoil is not being re-used for a period to exceed 3 weeks the stockpile shall be stabilized. 3.6 SITE IMPROVEMENTS A. Remove existing above- and below-grade improvements as indicated in Specifications and as necessary to facilitate new construction. 3.7 DISPOSAL A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off OWNER's property . END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 43 SECTION 02300 - EARTHWORK PART I-GENERAL I.l SUMMARY A. This Section includes the following: ]. Preparing subgrades. 2. Excavating and backfilling. 3. Drainage course for slabs-on-grade. 4. Subbase course for concrete walks and pavements. 5. Base course for asphalt paving. 1.2 DEFINITIONS A. Backfill: Soil materials used to fill an excavation. B. Base Course: Layer placed between the subbase course and asphalt paving. C. Bedding Course: Layer placed over the excavated subgrade in a trench before laying pipe. D. Borrow: Satisfactory soil imported from off-site for use as fill or backfill. E. Excavation: Removal of material encountered above subgrade elevations. ]. Additional Excavation: and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated dimensions without direction by Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. F. Fill: Soil materials used to raise existing grades. G. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, other man-made stationary features constructed above or below the ground surface. H. Subbase Course: Layer placed between the subgrade and base course for asphalt paving, or layer placed between the subgrade and a concrete pavement or walk. I. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. J. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.3 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilitates occupied by OWNER or others unless permitted in writing by Architect and then only after arranging to provide temporary utility services according to requirements indicated. PART 2 - PRODUCTS 2.] SOIL MATERIALS Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 44 A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM, or a combination of these groups symbols; free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter C. Unsatisfactory Soils: ASTM D 2487 Soil Classification Groups GC. SC, ML, MH, CL, CH. OL OH, and PT or a combination of these group symbols. D. Backfill and Fill: Satisfactory soil materials. E. Subbase: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-] /2-inch (38-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. F. Base: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch (38-mm) sieve and not more than 8 percent passing a NO. 200 (0.075-mm) sieve. G. Bedding: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a I-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. H. Drainage Fill: Washed, narrowly graded mixture of crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2- inch (38-mm) sieve and 0 to 5 percent passing a No.8 (2.36-mm) sieve I. Detectable Warning Tape: Polyethylene film warning tape encasing a metallic core, minimum 6 inches (l50-mm) wide and 4 mils (0.1 mm) thick, continuously inscribed with a description of the utility . Part 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, freezing temperatures or frost, and other hazards created by earthwork operations. Provide protective insulating materials as necessary. B. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil- bearing water runoff or airborne dust to adjacent properties and walkways. C. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. D. Protect subgrades from softening, undermining, washout. and damage by rain or water accumulation. 3.2 EXCA V A TION A. Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered, including rock, soil materials, and obstructions I. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. Boynton Beach Community Redevelopment Agency 45 Ocean Breeze West Site Development B. Excavate for structures, pavements, and walks to the indicated elevations and dimensions. Extend excavations for placing and removing concrete formwork, for installing services and other construction, and for inspections. Trim bottoms to required lines and grades to leave solid base to receive other work. C. Excavate utility trenches to the indicated gradients, lines, depths, and invert elevations of uniform widths to provide a working clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12 inches (300 mm) higher than top of pipe or conduit. I. Excavate trenches deeper than bottom of pipe elevation, 6 inches (150 mm) deeper in rock, 4 inches (100 mm) deeper elsewhere, to allow for bedding course. Hand excavate for bell of pipe. D. Proof roll subgrades, before filling or placing aggregate courses, with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated subgrades. E. Reconstruct subgrades damaged by freezing temperatures, frost, rain accumulated water, or construction activities. F. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill may be used when approved by Architect. ] . Fill unauthorized excavation under other construction or utility pipe as directed by Architect. G. Stockpile borrow materials and satisfactory soil materials, without intermixing, in shaped, graded, drained, and covered stockpiles. Stockpile soil materials away from edge of excavations and outside drip line of remaining trees. 3.3 BACKFILLS AND FILLS A. Utility Trench Backfill: Place, compact, and shape bedding course to provide continuous support for pipes and conduits over rock and other unyielding bearing surfaces and to fill unauthorized excavations. I. Place and compact initial backfill of satisfactory soil material or subbase material, free of particles larger than I inch, (25 mm) to a height of]2 inches (300 mm) over the utility pipe or conduit. Place and compact final backfill of satisfactory soil material to final subgrade. 2. Install warning tape directly above utilities, 12 inches (300 mm) below finished grade, except 6 inches below subgrade under pavements and slabs. B. Fill: Place and compact fill material inlayers to required elevations. C. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moisture content. ] . Remove and replace, or scarify and air dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 46 D. Compaction: Place backfill and fill materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for material compacted by hand operated tampers. E. Compact soil to not less than the following percentages of maximum dry 98% density according to Architect's specifications: I. Under structures, buildings slabs, steps, and pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill material at 98 percent. 2. Under walkways, scarify and recompact top 6 inches (150 mm) below sub grade and compact each layer of backfill or fill material at 95 percent. 3. Under lawn or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of back till or fill material at 85 percent F. Grading: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines and elevations indicated. Grade lawns, walks, and unpaved subgrades to tolerances of plus or minus I inch 925 mm) and pavements and areas within building Jines to plus or minus '/2 inch (13 mm). G. Subbase and Base Courses: Under pavement and walks, place subbase course on prepared subgrade. Place base course material over subbase. Compact to required grades, lines, cross sections and thickness to not less than 100 percent of maximum dry unit weight according to AASHTO T ] 80. H. Under slabs-on-grade, place drainage course on prepared subgrade. Compact to required cross sections and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 698. 3.4 FIELD QUALITY CONTROL A. Testing Agency: OWNER will engage a qualified independent testing and inspecting agency to perform field tests and inspections and to prepare test reports. B. Allow testing agency to test and inspect sub grades and each till or backfill layer. Proceed with subsequent earthwork only after test results for previously completed work comply with requirements. C. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained 3.5 PROTECTION AND DISPOSAL A. Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to the specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction. C. Where settling occurs before Project correction period elapses, remove finished surfacing. backfill with additional soil material, compact, and reconstruct surfacing. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 47 D. Disposal: Removal surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off OWNER's property. END OF SECTION 02300 Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 48 GENERAL REQUIREMENTS Temporary Facilities PART 1 - GENERAL 1.1 Related Documents: Construction Drawings and general provisions of Contract, including General Conditions, and Supplemental General Conditions. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 Office at the Work Site During the performance of this Contract, CONTRACTOR shall maintain a suitable office at or near the site of the Work which shall be the headquarters of his superintendent. Any communication given to the superintendent or delivered to CONTRACTOR's office at the site of the Work in his absence shall be deemed to have been delivered to CONTRACTOR. The OWNER shall have access to the work site office at agreed upon times. 3.2 Water for Construction All water required for and in connection with the Work to be performed shall be furnished by and at the expense of the CONTRACTOR through meters installed on hydrants. All costs for obtaining a water meter shall be the responsibility ofthe CONTRACTOR. The CONTRACTOR shall contact the City of Boynton Beach and make arrangements for the meter. CONTRACTOR shall install a double- check valve assembly on the fire hydrant between the line and the meter, to prevent backflow in the event of pressure failure. CONTRACTOR shall supply all necessary tools, hose and pipe, and shall make necessary arrangements for securing and transporting such water. It shall be the CONTRACTOR's responsibility to make arrangements with the Boynton Beach Water Utility Department for the metering and reporting of the amount of water used. Water shall not be used in a wasteful manner. Temporary lines shall be removed when no longer required. 3.3 Telephone Service CONTRACTOR shall make all necessary arrangements and pay all installation charges for telephone lines in his offices at the site and shall provide all telephone instruments. 3.4 Sanitary Facilities CONTRACTOR shall furnish temporary sanitary facilities at the site, as provided herein, for the needs of all construction workers and others performing Work or furnishing services on the Project. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least one toilet shall be furnished for each 20 employees. CONTRACTOR shall enforce the use of such sanitary facilities by all personnel at the site 3.5 Protection of Public and Private Property Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 49 CONTRACTOR shall protect, shore, brace, support and maintain all underground pipes conduits, drains, and other underground construction uncovered or otherwise affected by the CONTRACTOR's operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easementJright-of-way. All replacements shall be made with new materials. CONTRACTOR shall be responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equipment, materials, or men to or from the Work, whether by him or his Subcontractors. CONTRACTOR shall make satisfactory and acceptable arrangements with the OWNER of, or the agency having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. All fIre hydrants and water control valves shall be kept free from obstruction and available for use at all times. 3.6 Tree and Plant Protection All trees and other vegetation which must be removed to perform the Work shall be removed and disposed of by the CONTRACTOR; however, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. Whenever practicable, CONTRACTOR shall tunnel beneath trees in yards and parking lots when on or near the line of trenching operations. Hand excavations shall be employed as necessary to prevent injury to trees. Care shall be taken with exposed roots, unearthed during construction, so that roots do not dehydrate causing tree damage. Trees considered by the Environmental Agency/ A to have any significant effect on construction operations are indicated on the Drawings and those which are to be preserved are so indicated. CONTRACTOR shall take extra measures to protect trees designated to be preserved, using methods shown on the Drawings and as specified in Standard Specification Item NO.6] OS "Preservation of Trees and other Vegetation." 3.7 Security CONTRACTOR shall be responsible for protection of the site, and all Work, materials, equipment, and existing facilities hereon, against vandals and other unauthorized persons. No claim shall be made against OWNER by reason of any act of an employee or trespasser, and CONTRACTOR shall make good all damage to the OWNER's property resulting from CONTRACTOR's failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by OWNER to protect existing facilities during normal operations, and shall also include such additional security fencing, barricades, lighting, and other measures as required to protect the site. When required, the CONTRACTOR shall provide a security plan to the OWNER for review as to appropriateness of the security measures proposed. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 50 3.8 Access Roads CONTRACTOR shall establish and maintain temporary access roads to various parts of the site as required to complete the Project. Such roads shall be available for the use of all others performing Work or furnishing services in connection with the Project 3.9 Parking CONTRACTOR shall provide and maintain suitable parking areas for the use of all construction workers and others performing Work or furnishing services in connection with the Project, as required, to avoid any need for parking personal vehicles where they may interfere with public traffic, the OWNER's operations, or construction activities. 3.10 Dust Control Dust Control during construction of this Project shall conform to Standard Specifications Item No. 220S, "Sprinkling for Dust Control". No direct payment will be made for dust control. Dust Control shall be considered subsidiary work relating to various Bid items of the Contract 3.11 Temporary Drainage Provisions CONTRACTOR shall be responsible for providing for the drainage of storm water and such water as may be applied or discharged on the site in performance of the Work. CONTRACTOR shall obtain E/ A approval for temporary drainage facilities which will handle, carry through, or divert around his Work all drainage flow, including storm flow and flows created by construction activity. to prevent silting of waterways or flooding damage to the property and adjacent property. 3.12 Erosion Control CONTRACTOR shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operations which will disturb the natural protection. CONTRACTOR shall use controls found in "Environmental Criteria Manual" or developed from successful techniques elsewhere as approved by E/ A. Siltation and/or sedimentation controls shall include dams, berms, and dikes as recommended in the "Environmental Criteria Manual" 3.13 Pollution Control CONTRACTOR shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and the substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse. No sediment, debris or other substance will be permitted to enter sanitary sewers and reasonable measures shall be taken by Contractor to prevent such materials from entering any drain or watercourse. CONTRACTOR shall observe the rules and regulations of the State of Florida and agencies of the U.S. Government prohibiting the pollution of any lake, stream, river, or wetland by the dumping of any refuse, rubbish, dredge material, or debris therein. CONTRACTOR is specifically cautioned that disposal of materials into any water of a governmental authority must conform to the requirements of that authority. 3.14 Noise Control CONTRACTOR shall comply with the City of Boynton Beach's Noise Ordinance. CONTRACTOR shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound level in the area during working hours. All construction machinery and Boynton Beach Community Redevelopment Agency 51 Ocean Breeze West Site Development vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. 3.15 Construction Sign Contractor shall erect install and maintain construction signage as required by the City of Boynton Beach. Signs shall be constructed in accordance with City Standards and construction Drawings. 3.16 Fences All existing fences affected by the Work shall be maintained by the CONTRACTOR until completion of the Work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the OWNER of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across any construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. 3.17 Mail Boxes CONTRACTOR shall remove, reset temporarily, and relocate permanently all mail boxes that are within construction site limits conforming to requirements of United States Postal Service. Mailboxes shall not be laid on the ground, but shall be temporarily reset the same day as removed. Payment for removing and resetting of mail boxes will not be paid for directly, but will be considered subsidiary to the various Bid items. Any damage to mail boxes or posts shall be the responsibility of the CONTRACTOR. 3.18 Emergency Facilities Free access shall be maintained at all times to fire lanes and emergency and utility control facilities such as fire hydrants, fire alarm boxes, police call boxes, and utility valves, manholes, junction boxes, etc. In the event that it is necessary to make one of these facilities temporarily inaccessible, CONTRACTOR shall obtain approval of such action, and schedule, of Work from the OWNER. CONTRACTOR shall also provide at least 24 hours prior notice to the Fire Department, Police Department, and City Department governing the affected utility. The same Department(s) shall be promptly notified by the CONTRACTOR when such facilities are placed back in unobstructed service. 3.19 Notification of OWNERs Unless otherwise indicated, the OWNER will notify property OWNERs abutting the right-of-way of impending construction. The CONTRACTOR shall exercise diplomacy and tact with individual property OWNERs. 3.20 Maintenance of Traffic CONTRACTOR shall conduct his Work to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks whether public or private, the CONTRACTOR shall provide and maintain suitable safe bridges, detours or other temporary measures to accommodate public and private travel, and shall provide reasonable notice to OWNERs of private drives before interfering with them. Such maintenance of traffic will not be required when CONTRACTOR has obtained written permission from the OWNER and the tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. A copy of the initial written permission shall be provided to the OWNER's Representative. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 52 Safety and conveyance of traffic shall be regarded as prime importance. Unless otherwise directed, all portions of streets associated with this Project shall be kept open and provided a dust free, smooth and comfortable ride to traffic. It shall be the responsibility of the CONTRACTOR to ensure that traffic may safely bypass the construction site and that access is provided to abutting private property. Prior to beginning Work, CONTRACTOR shall designate, in writing, a competent person who will be responsible and available on the Project site, or in the immediate area, to ensure compliance with the traffic control plan. CONTRACTOR shall provide documentation to demonstrate the sufficient training in Traffic Control for his competent person. OWNER will designate a qualified person to observe implementation and who will have authority to assure compliance with the traffic control plan. The CONTRACTOR shall perform the necessary cleanup and finishing immediately after all or a portion of the Work is completed. When the Work includes paving operations, the entire site shall be kept clean to facilitate placement of required traffic control devices. Temporary and permanent striping lay-out shall be approved by the Department of Public Works and Transportation prior to placement, when included in the Work. (I) Detours Where applicable, CONTRACTOR shall erect and maintain detours around construction activities. Should CONTRACTOR desire to propose a detour, the Contractor shall obtain approval of the traffic control plan from the City of Boynton Beach or other designated authority, prior to implementation of the detour. The designated City or County Department has final authority as to the acceptability of any proposed traffic control plan. The CONTRACTOR shall bear all costs for the traffic control plan and for maintaining the proposed detour. (2) Barricades and lights CONTRACTOR shall place and maintain in good condition, standard barricades at each end of the Project and at other locations where traffic is rerouted or blocked from using regular traffic lanes. Barricades and warning signs shall be in accordance with City of Boynton Beach requirements. Signs, barricades, and warning devices informing the public of construction features will be placed and maintained by the CONTRACTOR, who shall be solely responsible for their maintenance, The decision to use a particular device at a particular location as indicated in the traffic control plan or as determined by the CONTRACTOR, shall be the sole responsibility of the CONTRACTOR. All open trenches and other excavations shall have suitable barricades, signs, and lights to provide adequate protection to the public. Obstructions, such as material piles and equipment shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated with warning lights from sunset to sunrise. Material storage and conduct of the Work on, or along side, public streets and highways shall cause a minimum obstruction and inconvenience of the traveling public. END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 53 CERTIFICATE OF NON-SUSPENSION AND DEBARMENT Boynton Beach Community Redevelopment Agency, Inc. is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or local contracts. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000.00 and all non-procurement transactions. Bidder must answer all questions completely and all information must be clear, accurate and comprehensive. Ifnecessary, questions may be answered on separate attached sheets. A. Name of Bidder: B. Bidder's Permanent Address: C. Bidder's Phone No.: D. Number of years in business under current company name: (Note: A minimum of one (1) year's existence as a business is required under the current company name. Changes in company name during the experience period are acceptable if the continuity of the company structure can be demonstrated. Attach separate documentation, if applicable.) If response is "YES" for questions E - H, attach brief description or explanation E. Has the Bidder ever defaulted on a contract? YES L-) NO(~ F. Are there currently any judgments, claims, or lawsuits pending against the Bidder? YES L-) NO (_) G. Does Bidder currently have any claims, judgments or lawsuits pending against any prior client? YES L-) NO(~ H. Is the Bidder or principals of Bidder now, or has the Bidder or principals of Bidder ever been, involved in any bankruptcy or reorganization proceedings? YES (_) NO (_) The Bidder hereby certifies that its responses to the above questions are true and that its firm and its principals are not currently suspended or debarred from bidding on any Federal, State, or local contracts. PROJECT Name PROJECT Address CONTRACTOR'S Name Signed by (Authorized Representative) Printed Name: Title Date This form must be completed and included in the bid submission. Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 54 CERTIFICA TE OF NON-DISCRIMIN A TION In connection with the performance of work under any contract to be executed, if selected, the contractor agrees as follows: A. The contractor agrees not to discriminate against any employee or applicant for employment or subcontracting opportunities because of race, creed, color, sex, national origin, or ancestry. The Contractor shall take affirmative action to insure that employees or subcontractors are treated without regard to their race, creed, color, national origin. sex, or ancestry. Such actions shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruiting or recruitment advertising. layoff or termination, rates of payor other forms of compensation and selection for training, including apprenticeship. The contractor and sub-contractors shall agree to post such notices in a conspicuous place, available to employees and applicants for employment. B. In the event of the Contractor's non-compliance with this non-discrimination clause, the contract may be canceled or the Contractor terminated. In addition, the Contractor may be declared ineligible for further contracts with the OWNER until satisfactory proof of intent to comply shall be made by the Contractor. C. The contract agrees to include this non-discrimination clause in any sub-contracts connected with the performance of this agreement. I have read the above stated clause and agree to abide by its requirements. Contractor: By: Title ATTEST: Secretary This form must be completed and included in the bid submission. END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 55 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: (I) 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 Invitation to Bid a copy of the statement specified in Subsection (I). (4) In the statement specified in Subsection (I), we notify the employee that, as a condition . of working in the commodities or contractual services covered under this Invitation to Bid, 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): END OF SECTION Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 56 Davis-Bacon wage Decision GENERAL DECISION: FL20100272 03/12/2010 FL272 Date: March 12, 2010 General Decision Number: FL20100272 03/12/2010 superseded General Decision Number: FL20080272 State: Florida construction Type: Heavy county: palm Beach county in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and water Lines) Modification Number o publication Date 03/12/2010 ELEC0728-006 08/31/2009 Rates Fringes ELECTRICIAN.... ..................$ 28.46 12.5%+5.00 -------------------------------------------------------------_._- * ENGI0487-014 01/01/2010 Rates Fringes OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, climbers, Static- Mount; All Cranes with Boom Length 150 Feet & over (with or without jib) Friction, Hydro, Electric or otherwise; cranes 150 Tons & Over (Must have 2 operators); Cranes with 3 Drums (when 3rd drum is rigged for work); Gantry & overhead cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (without Oiler/Apprentice); Hydro/Friction Cranes without oiler/Apprentices when Approved by union; & All Type of Flying Cranes; Boom Truck.... ..............$ 28.30 Cranes with Boom Length Less than 150 Feet (with or without jib); Hydro Cranes 25 Tons & under, & over 50 Tons (with oiler/Apprentice); Boom Truck. . . . . . . . . . . . . . . . . . . . . . . $ 27. 57 OPERATOR: Drill.................$ 25.05 OPERATOR: Oiler.. ...............$ 22.24 8.78 8.78 8.78 8.78 -------------------------------------------------- IRON0402-003 04/01/2009 page 1 Davis-Bacon wage Decision Rates Fringes IRONWORKER, STRUCTURAL... .... ....$ 22.22 7.65 ---------------------------------------------------------------- LAB01652-004 05/01/2009 Rates Fringes LABORER: Grade checker....... ....$ 14.50 4.67 PAIN0452-007 07/01/2008 Rates Fringes PAINTER: Brush, Roller and spray. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16.00 6.15 SUFL2009-169 06/24/2009 Rates Fringes CARPENTER, Including Form work. . . $ 17.00 2.51 CEMENT MASON/CONCRETE FINISHER...$ 16.93 0.00 LABORER: common or General......$ 10.64 0.00 LABORER: Landscape... ......... ..$ 7.25 0.00 LABORER: pi pel ayer. . . . . . . . . . . . . . $ 14.00 0.00 LABORER: power Tool operator (Hand Held Drills/saws, Jackhammer and power Saws onl y) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.63 OPERATOR: Asphalt paver.........$ 11.59 OPERATOR: Backhoe Loader combo. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16. 10 OPERATOR: Backhoe/Excavator.....$ 15.33 OPERATOR: Blade/Grader..........$ 16.00 OPERATOR: Bulldozer..... ..... ...$ 14.95 OPERATOR: Loader................$ 16.05 OPERATOR: Mechanic. ........... ..$ 14.32 OPERATOR: Roller... ..... ........$ 10.95 OPERATOR: scraper... ............$ 11.00 OPERATOR: Trackhoe.. ............$ 20.92 OPERATOR: Tractor.. ..... ........$ 10.54 TRUCK DRIVER: Lowboy Truck.... ..$ 12.73 TRUCK DRIVER: off the Road 2.20 0.00 2.44 3.60 2.84 0.81 0.00 0.00 0.00 1. 74 5.50 0.00 0.00 page 2 Davis-Bacon wage Decision Truck. . . . . . .. . . .. . , . . . . . . . . . . . . . , . . $ 12.21 97 TRUCK DRIVER: Dump Truck.........$ 9.60 0.00 ---------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------- -------------------------------------------------------- unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ------------------------------------------------------ ---------.- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. other designations indicate unions whose rates have been determined to be prevailing. ------------------------------------------------------.---------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of construction wage Determinations. write to: Branch of construction wage Determinations wage and Hour Division U.S. Department of Labor page 3 Davis-Bacon wage Decision 200 Constitution Avenue, N.W. washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Administrator (See 29 CFR Part 1.8 and part 7). write to: wage and Hour Administrator u.s. Department of Labor 200 constitution Avenue, N.W. washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 29 CFR 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board). write to: Administrative Review Board u.s. Department of Labor 200 constitution Avenue, N.W. washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION page 4 a:~~ -j~ IP E - .c ..: - III C j:::: "It C'? .c .! III E .2 - 'tl .c ~ "> o ~ '0 i ..J_ ..J IV o III a:: 5 ~g ~J:: III .E CIl CIl CIJ a.. o .c CI:I ..J - o C .~ Q) .!!! Ei5 1::'- CI:I 5 Q.:r:: Q)-o Cffi . 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W a: w ~D ~~ I- ~ S 135.1 ApPENDIX TO PART 135 AUTHORITY: 12 U.S.C. 1701u; 42 U.S.C. 3535(d). SOURCE: 59 FR 33880, June 30, 1994. unless otherwise noted. EFFECTIVE DATE NOTE: At 59 FR 33880, June 30, 1994, part 135 was revised effective August 1, 1994 through June 30, 1995. At 60 FR 28325, May 31, 1995, the effective period was ex- tended until the final rule implementing changes made to section 3 of the Housing and Urban Development Act of 1968 by the Hous- ing and Community Development Act of 1992 is published and becomes effective. Subpart A-General Provisions ~ 135.1 Purpose. (a) Section 3. The purpose of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (section 3) is to ensure that employment and other economic opportunities gen- erated by certain HUD financial assist- ance shall, to the greatest extent fea- sible, and consistent with existing Fed- eral, State and local laws and regula- tions. be directed to low- and very low- income persons, particularly those who are reCipients of government assist- ance for housing, and to business con- cerns which provide economic opportu- nities to low- and very low-income per- sons. (b) Part 135. The purpose of this part is to establish the standards and proce- dures to be followed to ensure that the objectives of section 3 are met. ~ 135.2 Effective date of regulation. The regulations of this part will re- main in effect until the date the final rule adopting the regulations of this part with or without changes is pub- lished and becomes effective, at which point the final rule will remain in ef- fect. [60 FR 28326, May 31. 1995] ~ 135.3 Applicability. (a) Section 3 covered assistance. Sec- tion 3 applies to the following HUD as- sistance (section 3 covered assistance): (1) Public and Indian housing assist- ance. Section 3 applies to training, em- ployment, contracting and other eco- nomic opportunities arising from the 24 CFR Subtitle 8, Ch. I (4-1-{)3 Edition) expenditure of the following public and Indian housing assistance; (i) Development assistance provided pursuant to section 5 of the U.S. Hous- ing Act of 1937 (1937 Act); (ii) Operating assistance provided pursuant to section 9 of the 1937 Act: and (Hi) Modernization assistance pro- vided pursuant to section 14 of the 1937 Act; (2) Housing and community develop- ment assistance. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance (including section 8 assistance, and including other housing assistance not administered by the As- sistant Secretary of Housing) and com- munity development assistance that is used for the following projects; (i) Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement); (H) Housing construction; and (iii) Other public construction. (3) Thresholds-(i) No thresholds for section 3 covered public and Indian hous- ing assistance. The requirements of this part apply to section 3 covered assist- ance provided to recipients, notwith- standing the amount of the assistance provided to the recipient. The require- ments of this part apply to all contrac- tors and subcontractors performing work in connection with projects and activities funded by publiC and Indian housing assistance covered by section 3, regardless of the amount of the con- tract or subcontract. (H) Thresholds for section 3 covered housing and community development assistance-(A) Recipient thresholds. The requirements of this part apply to reo cipients of other housing and commu. nity development program assistance for a section 3 covered project(s) for which the amount of the assistance ex. ceeds $200,000. (B) Contractor and subcontractor thresholds. The requirements of this part apply to contractors and sub.. contractors performing work on sec- tion 3 covered project(s) for which the amount of the assistance exceeds $200.000; and the contract or sub- contract exceeds $100,000. 690 Office of Asst. Secy., Equal Opportunity, HUe (C) Threshold met for recipients, but not contractors or subcontractors. If a recipi- ent receives section 3 covered housing or community development assistance in excess of $200,000, but no contract exceeds $100,000, the section 3 pref- erence requirements only apply to the recipient. (b) Applicability of section 3 to entire project or activity funded with section 3 assistance. The requirements of this part apply to the entire project or ac- tivity that is funded with section 3 cov- ered assistance, regardless of whether the section 3 activity is fully or par- tially funded with section 3 covered as- sistance. (c) Applicability to Indian housing au- thorities and Indian tribes. Indian hous- ing authorities and tribes that receive HUD assistance described in paragraph (a) of this section shall comply with the procedures and requirements of this part to the maximum extent con- sistent with, but not in derogation of, compliance with section 7(b) of the In- dian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). (See 24 CFR part 905.) (d) Other HUD assistance and other Federal assistance. Recipients, contrac- tors and subcontractors that receive HUD assistance, not listed in para- graph (a) of this section, or other Fed- eral assistance, are encouraged to pro- vide, to the greatest extent feasible, training, employment, and contracting opportunities generated by the expend- iture of this assistance to low- and very low-income persons, and business concerns owned by low- and very low- income persons, or which employ low- and very low-income persons. ~ 135.5 Definitions. The terms Department, HUD, Indian housing authority (lHA) , Public housing agency (PHA) , and Secretary are defined in 24 CFR part 5. Annual Contributions Contract (ACC) means the contract under the U.S. Housing Act of 1937 (1937 Act) between HUD and the PHA, or between HUD and the IHA, that contains the terms and conditions under which HUD as- sists the PHA or the IHA in providing decent, safe, and sanitary housing for low income families. The ACC must be in a form prescribed by HUD under ~ 135.5 which HUD agrees to provide assist- ance in the development, moderniza- tion and/or operation of a low income housing project under the 1937 Act, and the PHA or IHA agrees to develop, modernize and operate the project in compliance with all provisions of the ACe and the 1937 Act, and all HUD reg- ulations and implementing require- ments and procedures. (The ACe is not a form of procurement contract.) Applicant means any entity which makes an application for section 3 cov- ered assistance, and includes, but is not limited to, any State, unit of local government, pUblic housing agency, In- dian housing authority, Indian tribe, or other publiC body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, prop- erty manager, community housing de- velopment organization (CHDO), resi- dent management corporation, resident council, or cooperative association. Assistant Secretary means the Assist- ant Secretary for Fair Housing and Equal Opportunity. Business concern means a business en- tity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed. Business concern that provides eco- nomic opportunities for low- and very low-income persons. See definition of "section 3 business concern" in this section. Contract. See the definition of "sec- tion 3 covered contract" in this sec- tion. Contractor means any entity which contracts to perform work generated by the expenditure of section 3 covered assistance, or for work in connection with a section 3 covered project. Employment opportunities generated by section 3 covered assistance means all employment opportunities generated by the expenditure of section 3 covered public and Indian housing assistance (i.e., operating assistance, development assistance and modernization assist- ance, as described in U35.3(a)(1)). With respect to section 3 covered housing and community development assist- ance, this term means all employment opportunities arising in connection 691 S 135.5 with section 3 covered projects (as de- scribed in ~ 135.3(a)(2)), including man- agement and administrative jobs con- nected with the section 3 covered project. Management and administra- tive jobs include architectural, engi- neering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g.. con- struction manager, relocation spe- cialist, payroll clerk, etc. Housing authority (HA) means, collec- tively, public housing agency and In- dian housing authority. Housing and community development assistance means any financial assist- ance provided or otherwise made avail- able through a HUD housing or com- munity development program through any grant, loan, loan guarantee, coop- erative agreement, or contract, and in- cludes community development funds in the form of community development block grants, and loans guaranteed under section 108 of the Housing and Community Development Act of 1974, as amended. Housing and community development assistance does not in- clude financial assistance provided through a contract of insurance or guaranty. Housing development means low-in- come housing owned, developed, or op- erated by public housing agencies or Indian housing authorities in accord- ance with HUD's public and Indian housing program regulations codified in 24 CFR Chapter IX. HUD Youthbuild programs mean pro- grams that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Develop- ment Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with op- portunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low-income families. Indian tribes shall have the meaning given this term in 24 CFR part 571. JTPA means the Job Training Part- nership Act (29 U.S.C. 1579(a)). Low-income person. See the definition of "section 3 resident" in this section. 24 CFR Subtitle B, Ch. I (4-1-03 Edition) Metropolitan area means a metropoli- tan statistical area (MSA), as estab- lished by the Office of Management and Budget. Neighborhood area means: (1) For HUD housing programs, a geo- graphical location within the jurisdic- tion of a unit of general local govern- ment (but not the entire jurisdiction) designated in ordinances, or other local documents as a neighborhood. village. or similar geographical designation. (2) For HUD community development programs, see the definition, if pro- vided, in the regulations for the appli- cable community development pro- gram, or the definition for this term in 24 CFR 570.204(c)(1). New hires mean full-time employees for permanent, temporary or seasonal employment opportunities. Nonmetropolitan county means any county outside of a metropolitan area. Other HUD programs means HUD pro- grams, other than HUD public and In- dian housing programs, that provide housing and community development assistance for "section 3 covered projects." as defined in this section. Public housing resident has the mean- ing given this term in 24 CFR part 963. Recipient means any entity which re- ceives section 3 covered assistance, di- rectly from HUD or from another re- cipient and includes, but is not limited to, any State, unit of local govern- ment, PHA, IHA, Indian tribe, or other pUblic body, public or private nonprofit organization, private agency or institu- tion, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing develop- ment organization, resident manage- ment corporation, resident council, or cooperative association. ReCipient also includes any successor, assignee 01 transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which sec- tion 3 applies and does not include con. tractors. Section 3 means section 3 of the Hous- ing and Urban Development Act of 1968. as amended (12 U.S.C. 1701u). Section 3 business concern means a business concern. as defined in this sec- tion- (1) That is 51 percent or more owned by section 3 residents; or 692 Office of Asst. Secy., Equal Opportunity, HUD (2) Whose permanent, full-time em- ployees include persons, at least 30 per- cent of whom are currently section 3 residents, or within three years of the date of first employment with the busi- ness concern were section 3 residents; or (3) That provides evidence of a com- mitment to subcontract in excess of 25 percent of the dollar award of all sub- contracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) in this definition of "section 3 business con- cern;" Section 3 clause means the contract provisions set forth in fi 135.38. Section 3 covered activity means any aotivity which is funded by section 3 oovered assistance pUblio and Indian housing assistance. Section 3 covered assistance means: (1) Public and Indian housing development assistance provided pursuant to seotion 5 of the 1937 Act; (2) Public and Indian housing oper- ating assistance provided pursuant to section 9 of the 1937 Act; (3) Public and Indian housing mod- ernization assistance provided pursu- ant to section 14 of the 1937 Act; (4) Assistance provided under any HUD housing or community develop- ment program that is expended for work arising in connection with: (1) Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair and replacement); (11) Housing construction; or (iii) Other public construction project (which includes other buildings or improvements, regardless of owner- ship). Section 3 covered contract means a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of section 3 covered assistance, or for work aris- ing in connection with a section 3 cov- ered project. "Section 3 covered con- tracts" do not include contracts award- ed under HUD's procurement program, which are governed by the Federal Ac- quisition Regulation System (see 48 CFR, Chapter 1). "Section 3 covered contracts" also do not include con- tracts for the purChase of supplies and S 135.5 materials. However, whenever a con- tract for materials inoludes the instal- lation of the materials, the contract constitutes a section 3 covered con- tract. For example, a contract for the purchase and installation of a furnace would be a section 3 covered contract because the contract is for work (i.e., the installation of the furnace) and thus is covered by section 3. Section 3 covered project means the construction, reconstruction, conver- sion or rehabilitation of housing (in- cluding reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of owner- ship) assisted with housing or commu- nity development assistance. Section 3 joint venture. See fi 135.40. Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or nonmetropol1tan county in which the section 3 covered assistance is expended, and who is: (i) A low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single per- sons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Sec- retary, with adjustments for smaller and larger families, except that the Secretary may establish income ceil- ings higher or lower than 80 per cen- tum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (it) A very low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (inCluding single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Sec- retary with adjustments for smaller and larger families, except that the Secretary may establish income ceil- ings higher or lower than 50 per cen- tum of the median for the area on the basis of the Secretary's findings that 693 ~135.7 such variations are necessary because of unusually high or low family in- comes. (3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the pref- erence. Section 8 assistance means assistance provided under section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G. Service area means the geographical area in which the persons benefitting from the section 3 covered project re- side. The service area shall not extend beyond the unit of general local gov- ernment in which the section 3 covered assistance is expended. In HUD's Indian housing programs, the service area, for IHAs established by an Indian tribe as a result of the exercise of the tribe's sovereign power, is limited to the area of tribal jurisdiction. Subcontractor means any entity (other than a person who is an em- ployee of the contractor) which has a contract with a contractor to under- take a portion of the contractor's obli- gation for the performance of work generated by the expenditure of section 3 covered assistance, or arising in con- nection with a section 3 covered project. Very low-income person. See the defi- nition of "section 3 resident" in this section. Youthbuild programs. See the defini- tion of "HUD Youthbuild programs" in this section. [59 FR 33880. June 30. 1994. as amended at 61 FR 5206. Feb. 9. 1996] ~ 135.7 Delegation of authority. Except as may be otherwise provided in this part, the functions and respon- sibilities of the Secretary under sec- tion 3, and described in this part, are delegated to the Assistant Secretary for Fair Housing and Equal Oppor- tunity. The Assistant Secretary is fur- ther authorized to redelegate functions and responsibilities to other employees of HUD; provided however. that the au- thority to issue rules and regulations under this part, which authority is del- egated to the Assistant Secretary, may 24 CFR Subtitle B, Ch. I (4-1-03 Edition) not be redelegated by the Assistant Secretary. ~ 135.9 Requirements applicable to HUD NOFAs for section 3 covered programs. (a) Certification of compliance with part 135. All notices of funding availability (NOFAs) issued by HUD that announce the availability of funding covered by section 3 shall include a provision in the NOFA that notifies applicants that section 3 and the regulations in part 135 are applicable to funding awards made under the NOFA. Additionally the NOF A shall require as an applica- tion submission requirement (which may be specified in the NO FA or appli- cation kit) a certification by the appli- cant that the applicant will comply with the regulations in part 135. (For PHAs. this requirement will be met where a PHA Resolution in Support of the Application is submitted.) With re- spect to application evaluation, HUD will accept an applicant's certification unless there is evidence substantially Challenging the certification. (b) Statement of purpose in NOFAs. (1) For competitively awarded assistance in which the grants are for activities administered by an HA, and those ac- tivities are anticipated to generate sig- nificant training, employment or con- tracting opportunities, the NO FA must include a statement that one of the purposes of the assistance is to give to the greatest extent feasible, and con- sistent with existing Federal, State and local laws and regulations, job training, employment, contracting and other economic opportunities to sec- tion 3 residents and section 3 business concerns. (2) For competitively awarded assist- ance involving housing rehabilitation, construction or other public construc- tion. where the amount awarded to the applicant may exceed $200.000, the NOFA must include a statement that. one of the purposes of the assistance is to give. to the greatest extent feasible. and consistent with existing Federal. State and local laws and regulations. job training. employment. contracting and other economic opportunities to section 3 residents and section 3 busi- ness concerns. 694 Office of Asst. Secy., Equal Opportunity, HUD (c) Section 3 as NOFA evaluation cri- teria. Where not otherwise precluded by statute, in the evaluation of applica- tions for the award of assistance, con- sideration shall be given to the extent to which an applicant has dem- onstrated that it will train and employ section 3 residents and contract with section 3 business concerns for eco- nomic opportunities generated in con- nection with the assisted project or ac- tivity. The evaluation criteria to be utilized, and the rating points to be as- signed, will be specified in the NOF A. ~ 135.11 Other laws governing train- ing, employment, and contracting. Other laws and requirements that are applicable or may be applicable to the economic opportunities generated from the expenditure of section 3 covered as- sistance include, but are not nec- essarily limited to those listed in this section. (a) Procurement standards for States and local governments (24 CFR 85.36)-(1) General. Nothing in this part 135 pre- scribes specific methods of procure- ment. However, neither section 3 nor the requirements of this part 135 super- sede the general requirement of 24 CFR 85.36(c) that all procurement trans- actions be conducted in a competitive manner. Consistent with 24 CFR 85.36(c)(2), section 3 is a Federal statute that expressly encourages, to the max- imum extent feasible, a geographic preference in the evaluation of bids or proposals. (2) Flexible Subsidy Program. Multi- family project mortgagors in the Flexi- ble Subsidy Program are not required to ut1l1ze the methods of procurement in 24 CFR 85.36(d), and are not per- mitted to ut1l1ze methods of procure- ment that would result in their award of a contract to a business concern that submits a bid higher than the low- est responsive bid. A multifamily project mortgagor, however, must en- sure that, to the greatest extent fea- sible, the procurement practices it se- lects provide preference to section 3 business concerns. (b) Procurement standards for other re- cipients (OMB Circular No. A-110). Noth- ing in this part prescribes specific methods of procurement for grants and other agreements with institutions of S 135.11 higher education, hospitals, and other nonprofit organizations. Consistent with the requirements set forth in OMB Circular No. A-110, section 3 is a Federal statute that expressly encour- ages a geographic preference in the evaluation of bids or proposals. (c) Federal labor standards provisions. Certain construction contracts are sub- ject to compliance with the require- ment to pay prevailing wages deter- mined under Davis-Bacon Act (40 U.S.C. 276a-276a-7) and implementing U.S. Department of Labor regulations in 29 CFR part 5. Additionally, certain HUD-assisted rehab1l1tation and main- tenance activities on public and Indian housing developments are subject to compliance with the requirement to pay prevailing wage rates, as deter- mined or adopted by HUD, to laborers and mechanics employed in this work. Apprentices and trainees may be uti- lized on this work only to the extent permitted under either Department of Labor regulations at 29 CFR part 5 or for work subject to HUD-determined prevailing wage rates, HUD policies and guidelines. These requirements in- clude adherence to the wage rates and ratios of apprentices or trainees to journeymen set out in "approved ap- prenticeship and training programs," as described in paragraph (d) of this section. (d) Approved apprenticeship and train- ee programs. Certain apprenticeship and trainee programs have been approved by various Federal agencies. Approved apprenticeship and trainee programs include: an apprenticeship program ap- proved by the Bureau of Apprenticeship and Training of the Department of Labor, or a State Apprenticeship Agen- cy, or an on-the-job training program approved by the Bureau of Apprentice- ship and Training, in accordance with the regulations at 29 CFR part 5; or a training program approved by HUD in accordance with HUD policies and guidelines, as applicable. Participation in an approved apprenticeship program does not, in and of itself, demonstrate compliance with the regulations of this part. (e) Compliance with Executive Order 11246. Certain contractors covered by this part are subject to compliance with Executive Order 11246, as amended 695 S 135.30 by Executive Order 12086, and the De- partment of Labor regulations issued pursuant thereto (41 CFR chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment dur- ing the performance of Federal or Fed- erally assisted construction contracts. Subpart B-Economic Opportuni- ties for Section 3 Residents and Section 3 Business Con- cerns ~ 135.30 Numerical goals for meeting the greatest extent feasible require- ment. (a) General. (1) Recipients and cov- ered contractors may demonstrate compliance with the "greatest extent feasible" requirement of section 3 by meeting the numerical goalS set forth in this section for providing training, employment, and contracting opportu- nities to section 3 residents and section 3 business concerns. (2) The goalS established in this sec- tion apply to the entire amount of sec- tion 3 covered assistance awarded to a recipient in any Federal Fiscal Year (FY), commencing with the first FY following the effective date of this rule. (3) For recipients that do not engage in training, or hiring, but award con- tracts to contractors that will engage in training, hiring, and subcontracting, recipients must ensure that, to the greatest extent feasible, contractors will provide training, employment, and contracting opportunities to section 3 residents and section 3 business con- cerns. (4) The numerical goalS established in this section represent minimum nu- merical targets. (b) Training and employment. The nu- merical goalS set forth in paragraph (b) of this section apply to new hires. The numerical goalS reflect the aggregate hires. Efforts to emplOY section 3 resi- dents, to the greatest extent feasible. should be made at all job levels. (1) Numerical goals for section 3 covered public and Indian housing programs. Re- cipients of section 3 covered public and Indian housing assistance (as described in ~ 135.5) and their contractors and 24 CFR Subtitle B, Ch. I (4-1-03 Edition) subcontractors may demonstrate com- pliance with this part by committing to employ section 3 residents as: (i) 10 percent of the aggregate num- ber of new hires for the one year period beginning in FY 1995; (ii) 20 percent of the aggregate num- ber of new hires for the one period be- ginning in FY 1996; (iii) 30 percent of the aggregate num. ber of new hires for one year period be- ginning in FY 1997 and continuing thereafter. (2) Numerical goals for other HUD pro- grams covered by section 3. (1) Recipients of section 3 covered housing assistance provided under other HUD programs, and their contractors and subcontrac- tors (unless the contract or sub- contract awards do not meet the threshold specified in U35.3(a)(3)) may demonstrate compliance with this part by committing to employ section 3 residents as 10 percent of the aggregate number of new hires for each year over the duration of the section 3 project; (ii) Where a managing general part- ner or management agent is affiliated. in a given metropolitan area, with re- cipients of section 3 covered housing assistance, for an aggregate of 500 or more units in any fiscal year, the man- aging partner or management agent may demonstrate compliance with this part by committing to employ section 3 residents as: (A) 10 percent of the aggregate num- ber of new hires for the one year period beginning in FY 1995; (B) 20 percent of the aggregate num- ber of new hires for the one year period beginning in FY 1996; (C) 30 percent of the aggregate llum- ber of new hires for the one year period beginning in FY 1997. and continuing' thereafter. (3) Recipients of section 3 covered community development assistance. and their contractors and subcontrac- tors (unless the contract or sub- contract awards do not meet the threshold speCified in ~ 135.3(a)(3)) may demonstrate compliance with the re- quirements of this part by committing to employ section 3 residents as: (1) 10 percent of the aggregate num- ber of new hires for the one year period beginning in FY 1995; 696 Office of Asst. Secy., Equal Opportunity, HUD (11) 20 percent of the aggregate num- ber of new hires for the one year period beginning in FY 1996; and (111) 30 percent of the aggregate num- ber of new hires for the one year period beginning in FY 1997 and continuing thereafter. (c) Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connec- tion with all section 3 covered projects and section 3 covered activities. Each recipient and contractor and subcon- tractor (unless the contract or sub- contract awards do not meet the threshold specified in U35.3(a)(3)) may demonstrate compliance with the re- quirements of this part by committing to award to section 3 business con- cerns: (1) At least 10 percent of the total dollar amount of all section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian hous- ing, or for building trades work arising in connection with housing rehab1l1ta- tion, housing construction and other public construction; and (2) At least three (3) percent of the total dollar amount of all other section 3 covered contracts. (d) Safe harbor and compliance deter- minations. (1) In the absence of evidence to the contrary, a recipient that meets the minimum numerical goals set forth in this section will be considered to have complied with the section 3 pref- erence requirements. (2) In evaluating compliance under subpart D of this part, a recipient that has not met the numerical goals set forth in this section has the burden of demonstrating why it was not feasible to meet the numerical goals set forth in this section. Such justification may include impediments encountered de- spite actions taken. A recipient or con- tractor also can indicate other eco- nomic opportunities, such as those list- ed in U35.40, which were provided in its efforts to comply with section 3 and the requirements of this part. ~ 185.82 Responsibilities of the recipi- ent. Each recipient has the responsibility to comply with section 3 in its own op- erations, and ensure compliance in the fi 135.32 operations of its contractors and sub- contractors. This responsibility in- cludes but may not be necessarily lim- ited to: (a) Implementing procedures de- signed to notify section 3 residents about training and employment oppor- tunities generated by section 3 covered assistance and section 3 business con- cerns about contracting opportunities generated by section 3 covered assist- ance; (b) Notifying potential contractors for section 3 covered projects of the re- quirements of this part, and incor- porating the section 3 clause set forth in ~135.38 in all solicitations and con- tracts. (c) Facilitating the training and em- ployment of section 3 residents and the award of contracts to section 3 busi- ness concerns by undertaking activi- ties such as described in the AppendiX to this part, as appropriate, to reach the goals set forth in ~ 135.30. Recipi- ents, at their own discretion, may es- tablish reasonable numerical goals for the training and employment of sec- tion 3 residents and contract award to section 3 business concerns that exceed those specified in ~ 135.30; (d) Assisting and actively cooper- ating with the Assistant Secretary in obtaining the compliance of contrac- tors and subcontractors with the re- quirements of this part, and refraining from entering into any contract with any contractor where the recipient has notice or knowledge that the con- tractor has been found in violation of the regulations in 24 CFR part 135. (e) Documenting actions taken to comply with the requirements of this part, the results of actions taken and impediments, if any. (f) A State or county which distrib- utes funds for section 3 covered assist- ance to units of local governments, to the greatest extent feasible, must at- tempt to reach the numerical goals set forth in 135.30 regardless of the number of local governments receiving funds from the section 3 covered assistance which meet the thresholds for applica- bility set forth at 135.3. The State or county must inform units of local gov- ernment to whom funds are distributed of the requirements of this part; assist 697 ~ 135.34 local governments and their contrac- tors in meeting the requirements and objectives of this part; and monitor the performance of local governments with respect to the objectives and require- ments of this part. 9 135.34 Preference for section 3 resi- dents in training and employment opportunities. (a) Order of providing preference. Re- cipients, contractors and subcontrac- tors shall direct their efforts to pro- vide, to the greatest extent feasible. training and employment opportunities generated from the expenditure of sec- tion 3 covered assistance to section 3 residents in the order of priority pro- vided in paragraph (a) of this section. (1) Public and Indian housing pro- grams. In public and Indian housing programs, efforts shall be directed to provide training and employment op- portunities to section 3 residents in the following order of priority: (i) Residents of the housing develop- ment or developments for which the section 3 covered assistance is ex- pended (category 1 residents); (ii) Residents of other housing devel- opments managed by the HA that is ex- pending the section 3 covered housing assistance (category 2 residents); (iii) Participants in HUD Youthbuild programs being carried out in the met- ropolitan area (or nonmetropolitan county) in which the section 3 covered assistance is expended (category 3 resi- dents); (iv) Other section 3 residents. (2) Housing and community develop- ment programs. In housing and commu- nity development programs, priority consideration shall be given, where fea- sible, to: (i) Section 3 residents residing in the service area or neighborhood in which the section 3 covered project is located (collectively, referred to as category 1 residents); and (ii) Participants in HUD Youthbuild programs (category 2 residents). (iii) Where the section 3 project is as- sisted under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.), homeless persons residing in the service area or neighborhood in which the section 3 covered project is 24 CFR Subtitle B, Ch. I (4-1-03 Edition) located shall be given the highest pri- ority; (iv) Other section 3 residents. (3) Recipients of housing assistance programs administered by the Assist- ant Secretary for Housing may. at their own discretion, provide pref- erence to residents of the housing de. velopment receiving the section 3 cov- ered assistance within the service area or neighborhood where the section 3 covered project is located. (4) Recipients of community develop- ment programs may, at their own dis- cretion, provide priority to recipients of government assistance for housing, including reCipients of certificates or vouchers under the Section 8 housing assistance program, within the service area or neighborhood where the section 3 covered project is located. (b) Eligibility for preference. A section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evi- dence to the recipient contractor or subcontractor, if requested, that the person is a section 3 resident, as de- fined in 9135.5. (An example of evidence of eligibility for the preference is evi- dence of receipt of public assistance, or evidence of participation in a public as- sistance program.) (c) Eligibility for employment. Nothing in this part shall be construed to re- quire the employment of a section 3 resident who does not meet the quali- fications of the position to be filled. 9135.36 Preference for section 3 busi- ness concerns in contracting oppor- tunities. (a) Order of providing preference. Re- cipients, contractors and subcontrac- tors shall direct their efforts to award section 3 covered contracts, to the greatest extent feasible, to section :3 business concerns in the order of pri. ority provided in paragraph (a) of this section. (1) Public and Indian housing pro. grams. In public and Indian housing programs, efforts shall be directed to award contracts to section 3 business concerns in the following order of pri ority: (i) Business concerns that are 51 per- cent or more owned by residents of the housing development or developments 698 Office of Asst. Secy., Equal Opportunity, HUe for which the section 3 covered assist- ance is expended, or whose full-time, permanent workforce includes 30 per- cent of these persons as employees (category 1 businesses); (11) Business concerns that are 51 per- cent or more owned by residents of other housing developments or develop- ments managed by the HA that is ex- pending the section 3 covered assist- ance, or whose full-time, permanent workforce includes 30 percent of these persons as employees (category 2 busi- nesses); or (i11) HUD Youthbuild programs being carried out in the metropolitan area (or nonmetropolitan county) in which the section 3 covered assistance is ex- pended (category 3 businesses). (iv) Business concerns that are 51 percent or more owned by section 3 residents, or whose permanent, full- time workforce includes no less than 30 percent section 3 residents (category 4 businesses), or that subcontract in ex- cess of 25 percent of the total amount of subcontracts to business concerns identified in paragraphs (a)(1)(i) and (a)(1)(i1) of this section. (2) Housing and community develop- ment programs. In housing and commu- nity development programs, priority consideration shall be given, where fea- sible, to: (i) Section 3 business concerns that provide economic opportunities for sec- tion 3 residents in the service area or neighborhood in which the section 3 covered project is located (category 1 businesses); and (11) Applicants (as this term is de- fined in 42 U.S.C. 12899) selected to carry out HUD Youthbuild programs (category 2 businesses); (iii) Other section 3 business con- cerns. (b) Eligibility for preference. A business concern seeking to qualify for a section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a section 3 busi- ness concern as defined in ~ 135.5. (c) Ability to complete contract. A sec- tion 3 business concern seeking a con- tract or a subcontract shall submit evi- dence to the recipient, contractor, or subcontractor (as applicable), if re- quested, sufficient to demonstrate to the satisfaction of the party awarding S 135.38 the contract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the proposed con- tract. (The ability to perform success- fully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 85.36 (see 24 CFR 85.36(b)(8)).) This regulation requires consideration of, among other factors, the potential con- tractor's record in complying with pub- lic policy requirements. Section 3 com- pliance is a matter properly considered as part of this determination. ~ 185.88 Section 8 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Develop- ment Act of 1968, as amended, 12 u.s.a. 1701u (section 3). The purpose of section 3 is to en- sure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be di- rected to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with BUD's regulations in 24 CFR part 135, which implement section 3. As evi- denced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impedi- ment that would prevent them from com- plying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of work- ers with which the contractor has a collec- tive bargaining agreement or other under- standing, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the sec- tion 3 preference, shall set forth minimum number and job titles subiect to hire. avail- ability of apprenticeship and training posi- tions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR 699 ~ 135.40 part 135, and agrees to take appropriate ac- tion. as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regula- tions in 24 CFR part 135. E. The contractor will certify that any va- cant employment positions, including train- ing positions, that are filled (1) after the con- tractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part'135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions. termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in con- nection with section 3 covered Indian hous- ing assistance, section 7(b) of the Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest ex- tent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (Ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Eco- nomic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with sec- tion 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ~ 185.40 Providing other economic op- portunities. (a) General. In accordance with the findings of the Congress. as stated in section 3, that other economic opportu- nities offer an effective means of em- powering low-income persons, a recipi- ent is encouraged to undertake efforts to provide to low-income persons eco- nomic opportunities other than train- ing, employment. and contract awards, in connection with section 3 covered assistance. (b) Other training and employment re- lated opportunities. Other economic op- portunities to train and emplOY section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in 24 CFR Subtitle 8, Ch. I (4-1-03 Edition) management and maintenance posi- tions within other housing develop- ments; and hiring section 3 residents in part-time positions. (c) Other business related economic op- portunities. (1) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-en- terprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial sup- port for affiliating with franchise de- velopment, use of labor only contracts for building trades, purchase of sup- plies and materials from housing au- thority resident-owned businesses, pur- chase of materials and supplies from PHA resident-owned businesses and use of procedures under 24 CFR part 963 re- garding HA contracts to HA resident- owned businesses. A reCipient or con- tractor may employ these methods di- rectly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic op- portunities to low-income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint ven- ture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not nec- essarily on a continuing or permanent basis for conduoting business gen- erally. and for which the section 3 busi- ness ooncern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 peroent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Subpart D-Complaint and Compliance Review ~ 135.70 General. (a) Purpose. The purpose of this sub- part is to establish the prooedures for handling complaints alleging non- compliance with the regulations of this 700 Office of Asst. Secy., Equal Opportunity, HUD part, and the procedures governing the Assistant Secretary's review of a re- cipient's or contractor's compliance with the regulations in this part. (b) Definitions. For purposes of this subpart: (1) Complaint means an allegation of noncompliance with regUlations of this part made in the form described in U35.76(d). (2) Complainant means the party which files a complaint with the As- sistant Secretary alleging that a re- cipient or contractor has failed or re- fused to comply with the regulations in this part. (3) Noncompliance with section 3 means failure by a recipient or contractor to comply with the requirements of this part. (4) Respondent means the recipient or contractor against which a complaint of noncompliance has been filed. The term "recipient" shall have the mean- ing set forth in U35.7. which includes PHA and IRA. ~ 185.72 Cooperation in achieving com. pliance. (a) The Assistant Secretary recog- nizes that the success of ensuring that section 3 residents and section 3 busi- ness concerns have the opportunity to apply for jobs and to bid for contracts generated by covered HUD financial as- sistance depends upon the cooperation and assistance of HUD reCipients and their contractors and subcontractors. All recipients shall cooperate fully and promptly with the Assistant Secretary in section 3 compliance reviews, in in- vestigations of allegations of non- compliance made under U35.76. and with the distribution and collection of data and information that the Assist- ant Secretary may reqUire in connec- tion with achieving the economic ob- jectives of section 3. (b) The recipient shall refrain from entering into a contract with any con- tractor after notification to the recipi- ent by HUD that the contractor has been found in violation of the regula- tions in this part. The provisions of 24 CFR part 24 apply to the employment, engagement of services. awarding of contracts or funding of any contractors or subcontractors during any periOd of ~ 135.74 debarment, suspension or otherwise in- eligible status. ~ 185.74 Section 8 compliance review procedures. (a) Compliance reviews by Assistant Secretary. The Assistant Secretary shall periodically conduct section 3 compliance reviews of selected recipi- ents and contractors to determine whether these recipients are in compli- ance with the regUlations in this part. (b) Form of compliance review. A sec- tion 3 compliance review shall consist of a comprehensive analysis and eval- uation of the recipient's or contrac- tor's compliance with the requirements and Obligations imposed by the regula- tions of this part, inCluding an analYSis of the extent to which section 3 resi- dents have been hired and section 3 business concerns have been awarded contracts as a result of the methods undertaken by the recipient to achieve the employment, contracting and other economic objectives of section 3. (c) Where compliance review reveals noncompliance with section 3 by recipient or contractor. Where the section 3 com- pliance review reveals that a recipient or contractor has not complied with section 3, the Assistant Secretary shall notify the recipient or contractor of its specific deficiencies in compliance with the regulations of this part, and shall advise the recipient or contractor of the means by which these deficiencies may be corrected. HUD shall conduct a follow-up review with the recipient or contractor to ensure that action is being taken to correct the deficiencies. (d) Continuing noncompliance by recipi- ent or contractor. A continUing failure or refusal by the recipient or con- tractor to comply with the regulations in this part may result in the applica- tion of sanctions specified in the con- tract through which HUD assistance is provided, or the application of sanc- tions specified in the regulations gov- erning the HUD program under which HUD financial assistance is provided. HUD will notify the recipient of any continuing failure or refusal by the contractor to comply with the regula- tions in this part for pOSSible action under any procurement contract be- tween the recipient and the contractor. 701 S 135.76 Debarment, suspension and limited de- nial of participation pursuant to HUD's regulations in 24 CFR part 24, where appropriate, may be applied to the re- cipient or the contractor. (e) Conducting compliance review before the award of assistance. Section 3 com- pliance reviews may be conducted be- fore the award of contracts, and espe- cially where the Assistant Secretary has reasonable grounds to believe that the recipient or contractor will be un- able or unwilling to comply with the regulations in this part. (f) Consideration of complaints during compliance review. Complaints alleging noncompliance with section 3, as pro- vided in ~ 135.76, may also be considered during any compliance review con- ducted to determine the recipient's conformance with regulations in this part. ~ 185.76 Filing and processing com- plaints. (a) Who may file a complaint. The fol- lowing individuals and business con- cerns may, personally or through an authorized representative, file with the Assistant Secretary a complaint alleg- ing noncompliance with section 3: (1) Any section 3 resident on behalf of himself or herself, or as a representa- tive of persons similarly situated, seeking employment, training or other economic opportunities generated from the expenditure of section 3 covered as- sistance with a recipient or contractor, or by a representative who is not a sec- tion 3 resident but who represents one or more section 3 residents; (2) Any section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the ex- penditure of section 3 covered assist- ance from a recipient or contractor, or by an individual representative of sec- tion 3 business concerns. (b) Where to file a complaint. A com- plaint must be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development. Washington, DC, 20410. (c) Time of filing. (1) A complaint must be received not later than 180 days from the date of the action or 24 CFR Subtitle B. Ch. I (4-1-03 Edition) omission upon which the complaint is based, unless the time for filing is ex- tended by the Assistant Secretary for good cause shown. (2) Where a complaint alleges non- compliance with section 3 and the reg- ulations of this part that is continuing, as manifested in a number of incidents of noncompliance. the complaint will be timely if filed within 180 days of the last alleged occurrence of noncompli- ance. (3) Where a complaint contains in- complete information, the Assistant Secretary shall request the needed in- formation from the complainant. In the event this information is not fur- nished to the Assistant Secretary with- in sixty (60) days of the date of the re- quest, the complaint may be closed. (d) Contents of complaint-(1) Written complaints. Each complaint must be in writing, signed by the complainant. and include: (i) The complainant's name and ad- dress; (ii) The name and address of the reo spondent; (ili) A description of the acts or omis- sions by the respondent that is suffi- cient to inform the Assistant Secretary of the nature and date of the alleged noncompliance. (iv) A complainant may provide in- formation to be contained in a com- plaint by telephone to HUD or any HUD Field Office, and HUD will reduce the information provided by telephone to writing on the prescribed complaint form and send the form to the com- plainant for signature. (2) Amendment of complaint. Com- plaints may be reasonably and fairly amended at any time. Such amend- ments may include, but are not limited to, amendments to cure, technical de. fects or omissions, including failure to sign or affirm a complaint. to clarify or amplify the allegations in a com. plaint, or to join additional or sub- stitute respondents. Except for the pur. poses of notifying respondents, amend- ed complaints will be considered as having been made as of the original fil- ing date. (e) Resolution of complaint by recipient. (1) Within ten (10) days of timely filing of a complaint that contains complete 702 Office of Asst. Secy., Equal Opportunity, HUD information (in accordance with para- graphs (c) and (d) of this section), the Assistant Secretary shall determine whether the complainant alleges an ac- tion or omission by a recipient or the recipient's contractor that if proven qualifies as noncompliance with sec- tion 3. If a determination is made that there is an allegation of noncompliance with section 3, the complaint shall be sent to the recipient for resolution. (2) If the reCipient believes that the complaint lacks merit, the recipient must notify the Assistant Secretary in writIng of this recommendation with supporting reasons, within 30 days of the date of receipt of the complaint. The determination that a complaint lacks merit is reserved to the Assistant Secretary. (3) If the reCipient determines that there is merit to the complaint, the re- cipient will have sixty (60) days from the date of receipt of the complaint to resolve the matter with the complain- ant. At the expiration of the 60-day pe- riod, the reCipient must notify the As- sistant Secretary in writing whether a resolution of the complaint has been reached. If resolution has been reached, the notification must be Signed by both the recipient and the complainant, and must summarize the terms of the reso- lution reached between the two parties. (4) Any request for an extension of the 6O-day period by the recipient must be submitted in writing to the Assist- ant Secretary, and must include a statement explaining the need for the extension. (5) If the recipient is unable to re- solve the complaint within the 6D-day period (or more if extended by the As- sistant Secretary), the complaint shall be referred to the Assistant Secretary for handling. (f) Informal resolution of complaint by Assistant Secretary-(I) Dismissal of com- plaint. Upon receipt of the recipient's written recommendation that there is no merit to the complaint, or upon fail- ure of the recipient and complainant to reach resolution, the Assistant Sec- retary shall review the complaint to determine whether it presents a valid allegation of noncompliance with sec- tion 3. The Assistant Secretary may conduct further investigation if deemed necessary. Where the com- 5135.76 plaint fails to present a valid allega- tion of noncompliance with section 3, the Assistant Secretary will dismiss the complaint without further action. The Assistant Secretary shall notify the complainant of the dismissal of the complaint and the reasons for the dis- missal. (2) Informal resolution. Where the alle- gations in a complaint on their face, or as amplified by the statements of the complainant, present a valid allegation of noncompliance with section 3, the Assistant Secretary will attempt, through informal methods, to obtain a voluntary and just resolution of the complaint. Where attempts to resolve the complaint informally fail, the As- sistant Secretary will impose a resolu- tion on the reCipient and complainant. Any resolution imposed by the Assist- ant Secretary will be in accordance with requirements and procedures con- cerning the imposition of sanctions or resolutions as set forth in the regula- tions governing the HUn program under which the section 3 covered as- sistance was provided. (3) Effective date of informal resolution. The imposed resolution will become ef- fective and binding at the expiration of 15 days following notification to recipi- ent and complainant by certified mail of the imposed resolution, unless either party appeals the resolution before the expiration of the 15 days. Any appeal shall be in writing to the Secretary and shall include the basis for the appeal. (g) Sanctions. Sanctions that may be imposed on recipients that fail to com- ply with the regulations of this part in- clude debarment, suspension and lim- ited denial of participation in HUn pro- grams. (h) Investigation of complaint. The As- sistant Secretary reserves the right to investigate a complaint directly when, in the Assistant Secretary's discretion, the investigation would further the purposes of section 3 and this part. (i) Intimidatory or retaliatory acts pro- hibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any person or business because the person or business has made a complaint, testified, as- sisted or participated in any manner in an investigation, proceeding, or hear- ing under this part. The identity of 703 ~ 135.90 complainants shall be kept confiden- tial except to the extent necessary to carry out the purposes of this part, in- cluding the conduct of any investiga- tion, hearing or judicial proceeding arising thereunder. (j) Judicial relief. Nothing in this sub- part D precludes a section 3 resident or section 3 business concerning from ex- ercising the right, which may other- wise be available, to seek redress di- rectly through judicial procedures. (Approved by the Office of Management and Budget under control number 2529-0043) Subpart E-Reporting and Recordkeeping ~ 135.90 Reporting. Each recipient which receives di- rectly from HUD financial assistance that is subject to the requirements of this part shall submit to the Assistant Secretary an annual report in such form and with such information as the Assistant Secretary may request, for the purpose of determining the effec- tiveness of section 3. Where the pro- gram providing the section 3 covered assistance requires submission of an annual performance report, the section 3 report will be submitted with that annual performance report. If the pro- gram providing the section 3 covered assistance does not require an annual performance report, the section 3 re- port is to be submitted by January 10 of each year or within 10 days of project completion, whichever is ear- lier. All reports submitted to HUD in accordance with the requirements of this part will be made available to the public. (Approved by the Office of Management and Budget under control number 2529-0(43) ~ 135.92 Recordkeeping and access to records. HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the re- quirements of this part, or that are maintained in accordance with the reg- ulations governing the specific HUD program under which section 3 covered assistance is provided or otherwise 24 CFR Subtlfte B, Ch. I (4- H)3 Edition) made available to the recipient or con. tractor. ApPENDIX 1'0 PART 135 I. Examples of Efforts To Offer Training and Employment Opportunities to Section 3 Resi- dents (1) Entering into "first source" hiring agreements with organizations representing Section 3 residents. (2) Sponsoring a HUD-certified "Step-Up' employment and training program for sec. tion 3 residents. (3) Establishing training programs, which are consistent with the requirements of the Department of Labor, for public and Indian housing residents and other section 3 resi- dents in the building trades. (4) Advertising the training and employ- ment positions by distributing flyers (which identify the positions to be filled. the quali- fications required, and where to obtain addi- tional information about the application process) to every occupied dwelling unit in the housing development or developments where category I or category 2 persons (as these terms are defined in U35.34) reside. (5) Advertising the training and employ. ment positions by posting flyers (which iden- tify the positions to be filled, the qualifica- tions required, and where to obtain addi. tional information about the application process) in the common areas or other prominent areas of the housing development or developments. For HAs, post such adver- tising in the housing development or devel.. opments where category 1 or category 2 per- sons reside; for all other recipients, post such advertising in the housing development or developments and transitional housing in the neighborhood or service area of the sec. tion 3 covered project. (6) Contacting resident councils. residen t management corporations, or other resident, organiza.tions. where they exist, in the hous- ing development or developments where cat. egory I or category 2 persons reside. and community organizations in HUD-assisted neighborhoods. to request the assistance of these organizations in notifying residents ot the training and employment positions to bl' filled. (7) Sponsoring (scheduling, advertising, fi. nancing or providing in-kind services) a job informational meeting to be conducted by an HA or contractor representative or rep- resentatives at a location in the housing de. velopment or developments where category 1 or category 2 persons reside or in the neigh. borhood or service area of the section 3 coy ered project. (8) Arranging assistance in conducting joL interviews and completing job applications for residents of the housing development 01' developments where category I or category 2 704 Office of Asst. Secy., Equal Opportunity, HUD persons reside and in the neighborhood or service area in which a section 3 project is located. (9) Arranging for a location in the housing development or developments where cat- egory 1 persons reside, or the neighborhood or service area of the project, where job ap- plications may be delivered to and collected by a recipient or contractor representative or representatives. (10) Conducting job interviews at the hous- ing development or developments where cat- egory 1 or category 2 persons reside, or at a location within the neighborhood or service area of the section 3 covered project. (11) Contacting agencies administering HUD Youthbuild programs, and requesting their assistance in recruiting HUD Youthbuild program participants for the HA's or contractor's training and employ- ment positions. (12) Consulting with State and local agen- cies administering training programs funded through JTP A or JOBS, probation and parole agencies, unemployment compensation pro- grams, community organizations and other officials or organizations to assist with re- cruiting Section 3 residents for the HA's or contractor's training and employment posi- tions. (13) Advertising the jobs to be filled through the local media, such as community television networks, newspapers of general circulation, and radio advertising. (14) Employing a job coordinator, or con- tracting with a business concern that is li- censed in the field of job placement (pref- erably one of the section 3 business concerns identified in part 135), that will undertake, on behalf of the HA, other recipient or con- tractor, the efforts to match eligible and qualified section 3 residents with the train- ing and employment positions that the HA or contractor intends to fill. (15) For an HA. employing section 3 resi- dents directly on either a permanent or a temporary basis to perform work generated by section 3 assistance. (This type of employ- ment is referred to as "force account labor" in HUD's Indian housing regulations. See 24 CFR 905.102, and t 905.201(a)(6).) (16) Where there are more qualified section 3 residents than there are positions to be filled, maintaining a file of eligible qualified section 3 residents for future employment positions. (17) Undertaking job counseling, education and related programs in association with local educational institutions. (18) Undertaking such continued job train- ing efforts as may be necessary to ensure the continued employment of section 3 residents previously hired for employment opportuni- ties. (19) After selection of bidders but prior to execution of contracts, incorporating Into the contract a negotiated provision for a spe- pt. 135, App. cific number of public housing or other sec- tion 3 residents to be trained or employed on the section 3 covered assistance. (20) Coordinating plans and implementa- tion of economic development (e.g., job training and preparation, business develop- ment assistance for residents) with the plan- ning for hOUSing and community develop- ment. II. Examples of Efforts To Award Contracts to Section 3 Business Concerns (1) Ut1l1zlng procurement procedures for section 3 business concerns similar to those provided in 24 CFR part 905 for business con- cerns owned by Native Americans (see sec- tion III of this Appendix). (2) In determining the responsib1l1ty of po- tential contractors, consider their record of section 3 compliance as evidenced by past ac- tions and their current plans for the pending contract. (3) Contacting business assistance agen- cies, minority contractors associations and community organizations to inform them of contracting opportunities and requesting their assistance in identifYing section 3 busi- nesses which may solicit bids or proposals for contracts for work in connection with section 3 covered assistance. (4) Advertising contracting opportunities by posting notices, which provide general in- formation about the work to be contracted and where to obtain additional information. in the common areas or other prominent areas of the housing development or develop- ments owned and managed by the HA. (5) For HAs. contacting resident councils, resident management corporations, or other resident organizations, where they exist. and requesting their assistance in identifYing category 1 and category 2 business concerns. (6) Providing written notice to all known section 3 business concerns of the con- tracting opportunities. This notice should be In sufficient time to allow the section 3 busi- ness concerns to respond to the bid invita- tions or request for proposals. (7) Following up with section 3 business concerns that have expressed interest in the contracting opportunities by contacting them to prOVide additional information on the contracting opportunities. (8) Coordinating pre-bid meetings at which section 3 business concerns could be in- formed of upcoming contracting and subcon- tracting opportunities. (9) Carrying out workshops on contracting procedures and specific contract opportuni- ties in a timely manner so that section 3 business concerns can take advantage of up- coming contracting opportunities. with such information being made available in lan- guages other than English where appro- priate. 705 pt. 135, App. (10) Advising section 3 business concerns as to where they may seek assistance to over- come limitations such as inability to obtain bonding, lines of credit, financing. or insur- ance. (11) Arranging solicitations, times for the presentation of bids, quantities, specifica- tions, and delivery schedules in ways to fa- cilitate the participation of section 3 busi- ness concerns. (12) Where appropriate. breaking out con- tract work items into economically feasible units to facilitate participation by section 3 business concerns. (13) Contacting agencies administering HUD Youthbuild programs, and notifYing theseagenc1es of the contracting opportuni- ties. (14) Advertising the contracting opportuni- ties through trade association papers and newsletters. and through the local media, such as community television networks. newspapers of general circulation. and radio advertising. (15) Developing a list of eligible section 3 business concerns. (16) For HAs, participating in the "Con- tracting with Resident-Owned Businesses" program provided under 24 CFR part 963. (17) Establishing or sponsoring programs designed to assist residents of public or In- dian housing in the creation and develop- ment of resident-owned businesses. (18) Establishing numerical goals (number of awards and dollar amount of contracts) for award of contracts to section 3 business concerns. (19) Supporting businesses which provide economic opportunities to low income per- sons by linking them to the support services available through the Small Business Ad- ministration (SBA). the Department of Com- merce and comparable agencies at the State and local levels. (20) Encouraging financial institutions, in carrying out their responsibilities under the Community Reinvestment Act, to provide no or low interest loans for providing working capital and other financial business needs. (21) Actively supporting joint ventures with section 3 business concerns. (22) Actively supporting the development or maintenance of business incubators which assist Section 3 business concerns. Ill. Examples of Procurement Procedures That Provide for Preference for Section 3 Business Concerns This Section III provides specific proce- dures that may be followed by recipients and contractors (collectively, referred to as the "contracting party") for implementing the section 3 contracting preference for each of the competitive procurement methods au. thorized in 24 CFR 85.36(d). (1) Small Purchase Procedures. For section 3 covered contracts aggregating no more than 24 CFR Subtitle 8, Ch. I (4-1-03 Edition) $25,000, the methods set forth in this para- graph (1) or the more formal procedures set forth in paragraphs (2) and (3) of this Section III may be utilized. (1) Solicitation. (A) Quotations may be solic- ited by telephone. letter or other informal procedure provided that the manner of solici- tation provides for participation by a reason- able number of competitive sources. At the time of solicitation, the parties must be in- formed of: -the section 3 covered contract to be award- ed with sufficient specificity; -the time within which quotations must be submitted; and -the information that must be submitted with each quotation. (B) If the method described in paragraph (il(A) is utilized, there must be an attempt to obtain quotations from a minimum of three qualified sources in order to promote competition. Fewer than three quotations are acceptable when the contracting party has attempted, but has been unable, to ob. tain a sufficient number of competitive quotations. In unusual circumstances, the contracting party may accept the sole quotation received in response to a solicita- tion provided the price is reasonable. In all cases, the contracting party shall document the circumstances when it has been unable to obtain at least three quotations. (il) Award. (A) Where the section 3 covered contract is to be awarded based upon the lowest price, the contract shall be awarded to the qualified section 3 business concern with the lowest responsive quotation, if it is reasonable and no more than 10 percent high. er than the quotation of the lowest respon.. sive quotation from any qualified source. If no responsive quotation by a qualified sec- tion 3 business concern is within 10 percent of the lowest responsive quotation from any qualified source, the award shall be made to the source with the lowest quotation. (B) Where the section 3 covered contract is to be awarded based on factors other than price. a request for quotations shall be issued by developing the particulars of the solicita- tion. including a rating system for the as. signment of points to evaluate the merits oj each quotation. The solicitation shall iden- tify all factors to be considered. including price or cost. The rating system shall pro. vide for a range of 15 to 25 percent of the total number of available rating points to be set aside for the provision of preference for section 3 business concerns. The purchase order shall be awarded to the responsible firm whose quotation is the most advan- tageous. considering price and all other fac tors specified in the rating system. (2) Procurement by sealed bids (Invitations fm Bids). Preference in the award of section 3 covered contracts that are awarded under a sealed bid (lFB) process may be provided as follows: 706 Office of Asst. Secy., Equal Opportunity, HUD (I) Bids shall be solicited from all busi- nesses (section 3 business concerns, and non- section 3 business concerns). An award shall be made to the qualified section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid- pt. 146 (A) Is within the maximum total contract price established In the contracting party's budget for the specific project for which bids are being taken, and (B) is not more than "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is deter- mined as follows: x=lesser of: When the lowest responsive bid is less than $100,000 ............. When the Iowesl responsive bid is: AI least $100,000, but less than $200,000 .......................... Alleasl $200,000, bulless than $300.000 .......................... Alleest $300,000, but less than $400,000 .......................... AI leas! $400,000. but less than $500,000 .......................... Alliest $500,000, but less than $1 million .......................... AI least $1 million, but less then $2 million ......................... AI least $2 million, but less then $4 million ......................... Alleesl $4 million, but less then $7 million ......................... $7 million or more ................................................................ 10% of thai bid or $9,000. 9% of that bid. or $16,000. 8% of that bid. or $21,000. 7% of that bid, or $24,000. 6% of that bid. or $25.000. 5% of that bid. or $40,000. 4% of thai bid, or $60,000. 3% of that bid, or $80.000. 2% of thai bid. or $105.000. 1'h% of tha lowesl responsive bid, with no dollar limit. (il) If no responsive bid by a section 3 busi- ness concern meets the requirements of para- graph (2)(i) of this section, the contract shall be awarded to a responsible bidder with the lowest responsive bid. (3) Procurement under the competitive pro- posals method of procurement (Request for Pro- posals (RFP)). (i) For contracts and sub- contracts awarded under the competitive proposals method of procurement (24 CFR 85.36(d)(3)), a Request for Proposals (RFP) shall identify all evaluation factors (and their relative importance) to be used to rate proposals. (11) One of the evaluation factors shall ad- dress both the preference for section 3 busi- ness concerns and the acceptability of the strategy for meeting the greatest extent fea- sible requirement (section 3 strategy), as dis- closed in proposals submitted by all business concerns (section 3 and non-section 3 busi- ness concerns). This factor shall provide for a range of 15 to 25 percent of the total num- ber of available points to be set aside for the evaluation of these two components. (111) The component of this evaluation fac- tor designed to address the preference for section 3 business concerns must establish a preference for these business concerns in the order of priority ranking as described in 24 CFR 135.36. (iv) With respect to the second component (the acceptability of the section 3 strategy), the RFP shall require the disclosure of the contractor's section 3 strategy to comply with the section 3 training and employment preference, or contracting preference, or both, if applicable. A determination of the contractor's responsibility will include the submission of an acceptable section 3 strat- egy. The contract award shall be made to the responsible firm (either section 3 or non-sec- tion 3 business concern) whose proposal is determined most advantageous, considering price and all other factors specified in the RFP. PART 146-NONDISCRIMINATlON ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RE- CEIVING FEDERAL FINANCIAL ASSISTANCE Subpart A-General Sec. 146.1 Purpose of the Age Discrimination Act of 1975. 146.3 Purpose of HUD's age discrimination regulation. 146.5 Applicability of part. 146.7 Definitions. Subpart B-Standards for Determining Age Discrimination 146.11 Scope of subpart. 146.13 Rules against age discrimination. Subpart C-Dutles of HUD Recipients 146.21 General responsibilities. 146.23 Notice of subrecipients. 146.26 Assurance of compliance and recipi- ent assessment of age distinctions. 146.27 Information requirements. Subpart D-1nvestigatlon, Settlement, and Enforcement Procedures 146.31 Compliance reviews. 146.33 Complaints. 146.35 Mediation. 146.37 Investigation. 146.39 Enforcement procedures. 146.41 Prohibition against intimidation or retaliation. 707 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION 440CEAN BREEZE WEST INFRASTRUCTURE PROJECT" EQUAL OPPORTUNITY Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of1990 (42 D.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities ofEEO: a. The contractor will work with the CRA and the Federal Government in carrying out EE 0 obligations and in their review of hislher activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age 01' disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." (3) EEO Officer: The contractor will designate and make known to the CRA an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. (4) Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a mInImum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EE 0 Officer, covering all major aspects of the contractor's EE 0 obligations within thirty days following their reporting for duty with the contractor. SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. (5) Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertiseJ:llents will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. (6) Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: 2 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. (7) Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. (8) Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualified minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. (9) Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of hislher EEO obligations under this contract. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and 4 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION female representation among their employees. Contractors shall obtain lists of DBE construction firms from DBE Directory published by the Equal Opportunity Office on the internet at: www.dot.state.fl.uslequalopportunityofficell or through the Florida Unified Certification Program at www.bipincwebapps.comibiznetfloridaJ. If the internet is not available, call the Equal Opportunity Office for verification at (850) 4] 4-4747 b. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. (10) Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of five years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the CRA. a. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services ofDBE subcontractors or subcontractors with meaningful minority and female representation among their employees. CIVIL RIGHTS The following requirements will apply to the awarded contract and any sub-contracts: (1) Ae:e. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ~623, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. (2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. ~12ll2, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, 29 C.F.R . Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of the contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, cellifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their servic~s at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $1 0,000 or more and that it will retain such certifications in its files. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) (1) General a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are 6 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose ofthis Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act (40 U.S.c. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1,3, and 5 are herein incorporated by reference in this contract. (2) Classification a. The CRA and/or shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The CRA and/or shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage ~d Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. f. The U.S. Department of Labor Wage Rates applicable to this contract are listed in Wage Rate Decision Number FL330, as modified up through ten days prior to the bid opening. The Wage Tables are included in this document. Review the Wage Tables for all classifications necessary to complete the project. Ifneeded, request additional classifications needed prior to bid opening. General guidance on the use of Wage Tables is available on the website at www.dot.state.fl.us/constructionlwage.htrn. The Wage Rate Coordinator may be contacted at 850-414-4251. 8 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION (3) Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. Ifthe contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (4) Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a 9 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractors registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shah be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and pm 1 icipating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage 10 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid ftinge benefits in accordance with the provisions of the trainee program. Ifthe trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (5) Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. (6) Withholding: The eRA shall upon its own action or upon written request of or an authorized representative of the DOL, withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (7) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, :rp.echanic, watchman, or guard receives compensation at a rate not less than one-and-one halftimes his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. (8) Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar clay on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. (9) Withholding for Unpaid Wages and Liquidated Damages: The CRA shall upon its own action upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. STATEMENTS AND PAYROLLS 12 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) (1) Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. (2) Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid, In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph L Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected. and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. H SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documellts (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 V.S.C. 1001 and 31 V.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section available for inspection, copying, or transcription by authorized representatives of the CRA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the CRA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 14 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION SUBLETTING OR ASSIGNING THE CONTRACT ( I ) The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. (2) The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. (3) The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. (4) No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. SAFETY: ACCIDENT PREVENTION (1) In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CPR 15 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the CRA may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. (2) It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 D.S.C. 333). (3) Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or au~orized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: (1) That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 D.S.C. 1857 et seq.., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR IS) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. (2) That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed there under. (3) That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further 16 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION agrees to take such action as the government may direct as a means of enforcing such requirements. CERTIFICATION REGARDING DEBARMENT. SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION (I) Instructions for Certification - Prime Contractor: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a cell ification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred. 17 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and fr~quency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion ofthe "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Non procurement List) which is compiled by the General Services Administration. 1. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 18 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property: c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (2) Instructions for Certification - Subcontracts: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. ]9 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph e 0 f these instructions, i fa participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Subcontracts and Purchase Orders: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, 20 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) (1) The prospective participant certifies, by signing and submitting this bid or contract, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U .S.c. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 21 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION (1) Policy. The contractor shall ensure that Disadvantaged Business Enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of this project. In this regard, the contractor shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts or subcontracts with respect to this Project. (2) DBE Availability Goal Percental!e. The DBE Goal Percentage for this project is 8.18%. This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform the contractor of the work that could reasonably be contracted to a DBE. (3) DBE Certification. Only DBE firm(s) certified by the Equal Opportunity Office shall be considered disadvantaged business enterprises for the purposes of this bid and any resulting contract. To verify whether a firm is certified as a DBE for the work being performed, the contractor must refer to the DBE Directory published by the Equal Opportunity Office on the internet at: www.dot.state.fl.uslequalopportunityofficel/ or through the Florida Unified Certification Program at www.bioincwebaops.comibiznetfloridaJ. If the internet is not available, call the Equal Opportunity Office for verification at (850) 414-4747. (4) AnticiDated DBE ParticiDation Statement. Contractor shall complete and submit the Anticipated DBE Participation Statement prior to the pre-construction conference through the Equal Opportunity Office on the internet. A hard copy of the Statement should also be provided the pre-construction conference. The Statement must only include companies certified as a DBE. The Statement can and should be updated when additions or deletions are made through the life of the contract. This will not become a mandatory part of the contract. When reporting anticipated DBE utilization or actual payments, the following guidelines prescribed in the 49 C.F.R. Part 26 shall apply: a. When a DBE patlicipates in a contract, count only the value of the work actually performed by the DBE toward DBE participation. b. Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on the project. c. Follow the DBE reporting guidelines established by 49 C.F.R. Part 26. (5) ReDortinl!. Contractor shall report monthly, through the Equal 22 SUPPLEMENT AL CONDITIONS FOR CONSTRUCTION Opportunity Reporting System on the website, actual payment, retainage, DBE status and work type of all subcontractors and major suppliers. Contractor shall develop a record keeping system to monitor DBE participation including the following: i) number and dollar value of contracts awarded to DBE subcontractors. ii) a description of the general categories of subcontracts awarded to DBEs. iii) the specific efforts employed to identify and award subcontracts to DBEs All records relating to DBE participation and subcontracts shall be maintained for a period of five (5) years following acceptance of final payment. All such records shall be available for inspection by the CRA upon request. BID OPPORTUNITY LIST. Federal regulations require the bidder to report on all films that bid or quote subcontracts on -assisted projects, including both DBEs and non-DBEs. The Bid Opportunity List form must be completed by all bidders identifying ALL subcontractors who quoted to bidder for this project and contract. A form Bid Opportunity List form is attached and must be submitted with the bid proposal. NON-COLLUSION Bidder shall submit the included Non-Collusion Certification with its bid proposal, certifying that the bidder has not, either directly or indirectly, entered into any agreement. participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with its bid. Failure to submit the certification with the bid will make the bid non-responsive and not eligible for award consideration. SUBCONTRACTING (I) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent of contract work with its own organization. This percentage shall be of the original contract price, exclusive of specialty items, but include the cost of materials and manufactured products purchased or produced by the prime contractor. (2) Subcontract annroval. No portion of the work may be sublet, assigned, or otherwise subcontracted without the written consent of the CRA. Subcontract approval shall be based on satisfactory evidence that each subcontract is in writing and contains all the pertinent provisions. The approval of a subcontract does not relieve the contractor of responsibility for fulfillment of the contract. ACCESS TO RECORDS (1) The Contractor agrees to provide the CRA and the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to 23 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION the contract for the purposes of making audits, examinations, excerpts and transcriptions. (2) The Contractor agrees to maintain all books, records, accounts and reports required under the contract for a period of not less than five years after the date of termination or expiration of the contract, except in the event of litigation or settlement of claims arising from the performance of the contract, in which case Contractor agrees to maintain same until the CRA, and the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 24 1"..... ~1~~y~T8~ eRA iIi East Side-West Side-Seaside RenaIssance eRA BOARD MEETING OF: July 13,2010 I Consent Agenda I I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Approval to Issue a Request for Proposal (RFP) to Solicit Construction Bids from Marine Contractors for the Boynton Harbor Marina Fuel Dock Reconstruction Project r SUMMARY: In January 2007, the CRA purchased the private fuel dock facility from The Related Group in order to continue to provide the local marine industry with a fueling station and further public access to the waterfront. The fuel dock facility acquired by the CRA consists of a 200 sqft office, two fuel dispensers, two underground fuel storage tanks and approximately 250 linear feet of pressure treated wooden dockage. The existing fuel dock was built in 1998. Currently, the condition of the pressure treated lumber used to construct the dock has long since exceeded its normal estimated lifespan and is showing obvious signs deterioration and weakness. The dockage substructure supports are substandard in dimensions and engineering design specifications under today's building standards (see attached). Fortunately, the existing concrete pilings are in excellent condition and are estimated to have a remaining lifespan of 40+ years. CRA staff and Boynton Harbor Marina Master Redevelopment Design Consultants, MSCW, Inc., are recommending the reconstruction and replacement of the existing wooden dockage structure and supporting substructure. Under the design specifications developed by Sea Diversified, Inc. (attached), the proposed dock would be constructed using the existing concrete pilings, adding new aluminum support beams, heavy duty marine grade pressure treated lumber and Ipe hardwood decking which was recently used in conjunction with the slip reconstruction project. The utilization of the aluminum and hardwood should provide the CRA with a structure lasting approximately 30-40 years. Due to the estimated cost of the project, the CRA is required to issue a Request for Proposals (RFP) for bids and contractors qualifications to perform the project. The RFP provides an issuance date of July 16, 2010, with all responses required to be submitted by 4:00 PM on August 17,2010. FISCAL IMP ACT: Funding to be utilized from Project Fund #02-58200-404 RECOMMENDATIONS: Approval to issue a Request for Proposals (RFP) on July 16,2010, in order to solicit construction bids from marine contractors to perform the necessary dockage renovations at the CRA's Bo on Harbor ina Fuel Dock facility. r T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07- 13-10 Meeting\Issue RFP for marine contractors-Fuel Dock.doc d\IW NOU..:lOl/ "31>00 r ~~~~ w~m=-: mIYA5Y'OlIW<<l1YhO -w'-- ---- ~ooa13n:1~NCllNAoe .cJN3~~AJ.H'I'MOO _ _ .... H::w38 NO.1.NAOS /"- > 1: U Z ~ E- t-' E-c ~ Z ~ ~ 0 :E c.:= ~ c.:=Q.. 0 .....:I E- ~ oz~ :> ~ CQ~C2 Q ~! c.:=:E~ ~ .S < " .~~~ =~~ Q > . ~ UZ ~ ZIt :;> Q E-c t~ 2:<0~. .. z ~~ ~t.J Z " ~~O :C:;> 0 :E ~. 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'I I \.-\ ~l I! ./ l.{::j:..- .__n -Ia _m______ m___nnn ( 1.-----;1 I n .~I Ii II h IIII 1:( III Ii ~I.: i:i u( II. 1eI...,........_ ""-'_1_ I ~~-=~ I i I =\'':>':1 Vfl:I!J ldi ~.i ~.................. 'ON1'a31~ISM3Ala V3S Ii III I; SNCl1~CHYS3lON WIalCnll:uHncX:l~1'I'lW """'...- ..........-- w~~ )1000 '3~ tiOWVH N01NAOll - J..1frGEIW~..uJf'WI't(X) H:JV3B NOJ..NAOS J: ... Illq i~IL .'! t ' I 11 iU it., ! [I t IIJ I!U i !! z ~I IlUI I itll Ji~Jnl ~ilt Iii !i111IitifI lh I II 1~11i!11~ t~lll .1 IllJi j{!ji Ii till III lI!l !.~!I 'I IIi) d !i i ih1i)lilUil IJiiJi d ~ Iqlllt~lild 1016{- '11 ~ !hdul!!ltj o I ~~dl~113~ i Ilun!n~lh i III I. i . t 1 - I ',. ~ U If I 11/ III! t! I . 5t q \H r- III IiI Jill, II i. ~ 'l"ij" 11 ! 'I' 1.tl~ld' ! 1I111biinlll! ,'l'j:lf1ij! iil if ~IIII'I lilli" · . i~tr!lp.~~illl!li. J'I!~~lii,ll~i 11!~illl~II~1111!i~~ij~~ ! Ilii I !!111Ilii!llj1Illii I ~il 11!'i!ll!d!,lhli I ~1!lftd!I!lbM!Mrnl! I !~I!I'!il!!II!11 !;t.;~b!lf!ll !~II !b1!1;1l!1.! ;1!lw i !!Il .,; ! w ~ ~ { ~ ~ ~ ~ ~ < ~ g ~~ ~~ ~~ ie o~ ~:z c~ ~w l!:~ !i :z~ ~. g~ ~~ ~i ~" 8~ { .. ,:-, t ~ I Oavid A. Petry, IU.A . Oavid.Pen:y@MSCWInc.com 407 -893-4712 " > March 9, 2010 UPS Michael Simon Development Manager Boynton Beach CRA 915 South Federal Hwy. Boynton Beach, FL 33435 Subject: Assessment of Condition Two Georges Boardwalk Structure MSCW No.: 07-0127 Dear Mike: As you are aware, MSCW performed a site investigation of the existing dock structure that fronts on the intra-coastal waterway at the Two Georges Marina site on February 26, 2010. As you are aware, there has recently been a minor accident at the dock area due to loose deck boards. In further review of this dock structure it is our opinion that this structure is not designed to carry to the live load capacity that it often car1"ies during special events and should be redesigned/replaced with either a new dock structure or a structural dock system similar to that being used on the current slip construction project. Our primalY concerns are as follows: . The structural wood members (stringers) used are undersized for the longitudinal length between mooring posts. These members should be at least 2"x10"min., and strongly suggested to be 2"x12" in size. These members should also be doubled up to structurally support the bearing load of the dock structure itself. Currently, the dock structure is built with 2"x8" members that have not been doubled. . The deck boards are showing signs of deterioration and in need of replacement. May of these boards are loose and have been recently nailed back in place. Many of these boards have deteriorated to the extent that the original fasteners (random screws and nails) are no longer holding the deck boards flush creating a great potential for trip hazard. It is strongly suggested that the deck at an absolute minimum be replaced immediately to prevent any potential trip and fall hazard on the boardwalk. 4750 New Broad Street. Orlando. FL 328I~ . 877.672.9788 . 407.422.3330' www.MSCWinc.com Iv5<W WF cnEATE. LASTING COMi\ttTNITf~" Attached to this memo are photos taken of the boardwalk deck stiucture and decking. Please feel free to contact our office a't any time if you have any questions regarding our 6.ndings or if you need anY~a"ddi:J't1:on I assistance in this matter. /'/ s~~ David A. Perry, Studio Leader Urban Design/L dscape Architecture lI. 4750 New Broad Street Orlando, FL 32814 877.672.9788 407.422.3330 www.MSCWinc.com Page 2 Mike Simon March 9, 2010 REQUEST FOR PROPOSAL (RFP) PROJECT: Boynton Harbor Marina Fuel Dock Reconstruction Project July 2010 , ' ;.;;.:.. ",..'"' ,""""'.. IlflY~Te~ eRA iI East Side-West Side-Seaside Renaissance PROJECT OWNER: Boynton Beach Community Redevelopment Agency ~"~RY~Te~ICRA . East Side-West Side-Seaside P.enaissancE TABLE OF CONTENTS Section Page I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL............ II. INTRODUCTION AND BACKGROUND........ .. ............. ..... ') ,:, OJ III. SCOPE OF WORK.............................................................................,......... .... .~ IV. DESCRIPTION OF PROPERTy..................... ..4 V. SCHEDULE................."........................................................................ ........ 5 VI. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS......... ........... 5 VII. CONTENTS OF PROPOSAL ....................................................................... .. (; VIII. OTHER TERMS AND CONDITIONS................................ .............. . ](1 IX. RESERVATION OF RIGHTS............................................,................ .. ] 5 X. EVALUATION AND RANKING PROCESS.... . 1.S EXHIBITS EXHIBIT I. BOYNTON HARBOR MARINA FUEL DOCK PROJECT AREA AERlAL APPENDICES I-XVI THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE II~Y~e~RA . East Side...West Side-Seaside Renaissance Advertisement for Request for Proposals Boynton Beach Community Redevelopment Agency Boynton Harbor Marina Project: Marina Fuel Dock Reconstruction I. ADVERTISEMENT FOR REQUEST FOR PROPOSAL The Boynton Beach Community Redevelopment Agency (Boynton Beach CRA) is seeking Proposals for the renovation of the Boynton Harbor Marina (Project). Proposals will be issued on July 16,2010 and are due no later than August 17,2010 at 4:00 p.m. At that time, all Proposals received shall be logged in as having been received no later than the closing time and date for the receipt of Proposals. Submit one (1) original and six (6) original copies of the Proposal: Boynton Beach Community Redevelopment Agency CRA Executive Director 915 South Federal Highway Boynton Beach, FL 33435 Clearly mark the outside of the Proposal as: "Marina Fuel Dock Reconstruction Project - Contractor. " The successful Proposer(s) will be required to furnish a one-hundred-percent (100%) Performance Bond and Labor and Material payment bond. No Proposal may be withdrawn after the scheduled closing for receipt of Proposals for a period of ninety (90) days. The Boynton Beach CRA reserves the right: to waive minor informalities in the Proposals; to reject any and all Proposals; to abandon the project; to re-advertise the Request for Proposals; or to take any other action deemed in the best interest of the Boynton Beach CRA. The following instructions are given for the purpose of guiding Proposers in properly preparing their proposals or Proposals. These directions have equal force and weight with the specifications and strict compliance is required with all the provisions herein contained. II. INTRODUCTION AND BACKGROUND The Boynton Beach CRA purchased the fuel dock facility and operation in January 2007. The intent of the acquisition was to provide additional public access to the waterfront as well as continue operation of the marine fueling facility for boating and fishing that will welcome Boynton Beach residents to the waterways for generations to come. Future improvements to the 7,000 square foot slice of land north of the Two Georges Restaurant include a new harbor master building, public restrooms and a passive park space. THIS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2 .~.> ~~flY~2~ICRA _East Side"WestSide"Seaside Rt!nais!iance: The initial marina purchase was financed with money from a bond issued in December 2005. To support restoration efforts, the Boynton Beach CRA also applied for and received Palm Beach County bond money earmarked to help preserve public waterfront. III. SCOPE OF WORK: Contractor shall provide all materials, labor, permitting and maintenance of traffic (both marine and vehicular) to perform the necessary construction activities to construct the fuel dock improvements, as specified in the construction plans as prepared by Sea Diversified, Inc., a consultant to the Boynton Beach CRA. The scope of work (Work) includes the following: 1) Construction of approximately two hundred and forty (250) feet of fixed dockage 2) Remove and reconnect existing utility service pedestals to facilitate construction of the new dock 3) Full inspection of site and bulkhead structures to ensure stability. All construction is to meet or exceed all materials quality specifications. No deviations from plans will be approved without prior written request, notification to Owner and formal approval issued by the Owner. Contractor is to provide a full-time Construction Manager assigned to the Project. Contractor is to provide all storage of materials, either onsite as approved by the Client or offsite as needed, but at no time are construction activities to impede access, parking or deliveries to the existing restaurants or other active marine businesses utilizing the marina. In the event that temporary disruption of activities is necessitated due to waterward construction, Contractor is to provide written notification of activity, a schedule of construction activities and a guaranteed completion date of activities. Contractor shall receive approval of business impact construction activities prior to initiation of any work activities. To the maximum extent possible all construction activities should be conducted in a manner to limit any disruption of daily and routine fuel dock operations. PROJECT PACKAGES: All requests for a Project package shall be in writing and accompanied by a $100.00 non-refundable payment. Checks shall be payable to the Boynton Beach Community Redevelopment Agency. Project packages will be available beginning Friday, July 16,2010 at the following location: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 -OR- Website: www.boyntonbeachcra.com You may include a company self-addressed, UPS, Fed-Ex or other major shipping form, which is paid for in advance by you or billed directly to you by the shipping company. In no event shall the Boynton Beach CRA pay for shipping, delivery or mailing. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 IlflY~etcRA . Ean Side-West Side...Seaside Renaisnnce The Work included in this project consists of furnishing all tools, materials, equipment and supplies as well as the performance of all labor, handling, services and incidentals, including applicable taxes necessary for the Boynton Beach CRA. The foregoing description is general in nature. The scope of work is more specifically defined by the construction drawings and specifications. PERSONAL INVESTIGATION (Conditions of Work) AND OBLIGATION OF PROPOSER Each Proposer shall inform him/herself fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so shall not relieve a successful Proposer of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract. At the time of the opening of proposals, each Proposer shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any Proposer to examine any form, instrument or document shall in no way relieve any Proposer from any obligation in respect to Proposer's Proposal. Nothing in this Proposal shall be interpreted or construed as relieving any Proposer of any obligation to conduct a mandatory site inspection, as may be required and referenced elsewhere in these Proposal Documents. IV. DESCRIPTION OF PROPERTY The Boynton Harbor Marina, formerly known as the Two Georges Marina, is now a publicly owned facility located at 700 Casa Lorna Boulevard, on the Intracoastal Waterway east of USI on the north side of East Ocean Avenue and the Ocean Avenue bridge in Boynton Beach, Palm Beach County, Florida 33435. The navigational location for the marina facility is Latitude: N. 26 degrees 31 minutes 41.60 seconds and Longitude: W 80 degrees 3 minutes 13.73 seconds. The existing Boynton Harbor Marina Fuel Dock consists of 22 irregularly spaced concrete piles supporting an aged and decaying PT lumber dock/deck structure approximately 240 feet in overall length. The existing bulkhead adjacent to the fuel dock consists of concrete panels, concrete king and batter piles and concrete cap. This project does not include any work pertaining to the existing concrete bulkhead. The intent of the renovation project is to remove the existing timber dock in its entirety and rebuild the structure in accordance with the plans and specifications using the existing concrete pilings. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 -,:;:... ~< ~~~ctY~e~\CRA Ii Ean Side....West Side-Seaside Renaiuanc~ V. SCHEDULE . August 17,2010 l Proposal documents, plans & specifications available at the Boynton'-\ I Beach CRA Office, 9]5 South Federal Highway, Boynton Beach, FL ; i 33435. Fee of $100.00. Checks shall be payable to the Boynton Beach: Communi Redevelo ment A en '. Deadline for respondents to submit written questions or requests for i clarifications. DUE DATE FOR PROPOSALS. Proposals must be received in their I entire b the Bo nton Beach CRA DO later thaD 4:00 .m. Au ust 24 2010 Evaluation Committee to review ro osals and rank res ondents. September 14, Evaluation Committee shall make recommendation to Boynton Beach 2010 I CRA Board to select Contractor and award contract. If the contract is not i ! executed within 30 days, the Boynton Beach CRA shall the right to terminate the award and select next hi est ranked ro oser. 90 Da s after Notice to Proceed Issued Contractor shall com lete Pro"ect. I July 16, 2010 August 6, 2010 VI. REQUEST FOR CLARIFICATIONS OR OTHER QUESTIONS All requests for clarification or other questions regarding the proposal must be submitted to: Boynton Beach Community Redevelopment Agency Office Attention: Michael Simon CRA Development Director 915 South Federal Highway Boynton Beach, FL 33435 or Email: SimonM@bbfl.us All responses will be posted as soon as reasonably possible thereafter. The deadline to post a question is August 6, 2010 at 5:00 p.m. The Boynton Beach CRA may issue written addenda regarding the RFP to clarify, comment upon, correct or as otherwise required to facilitate the RFP process. Should any questions or requests require revisions to the RFP as originally published, such revisions will be by formal written Addendum only and posted on the Boynton Beach CRA website. No Proposals will be accepted after the RFP closing time and date, and no subsequent modifications to the Proposals will be permitted prior to selection, except in those cases where the Boynton Beach CRA or Evaluation Committee requests more information or clarification from all ofthe respondents. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 IlflY~e~CRA . East Side-West Side-Seaside ~nailslnce VII. CONTENTS OF PROPOSAL A. FILLING IN PROPOSALS 1) All prices shall be completed in the proposal and stated in figures. All proposals shall fully cover all items for which proposals are herein asked and no other. Proposers shall completely fill out the questionnaire and affidavit(s) herein contained. B. REJECTION OF PROPOSALS 1) The Boynton Beach CRA reserves the right to reject any or all proposals, waive technical errors and/or accept any proposals that are in part deemed as the most responsive, responsible proposal, representing the most advantageous proposal to the Boynton Beach CRA. In determining the "most advantageous proposal", price, quantifiable factors and other factors are considered. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Proposers. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or irregularities of any kind. The Boynton Beach CRA reserves the right to reject any or all proposals and to waive such technical errors as may be deemed best for the interests of the Boynton Beach CRA. C. PUBLIC ENTITY CRIMES 1) 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 Proposer will in no way be a cause for relief from responsibility . 2) On Public Entity Crimes: All invitations to proposal as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described in 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: 3) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a proposal on a contract or provide any goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 6 ~~~Y~e~\CRA ill Ea:st Si<le-Wes-t Side-Seaside RJ!,naisl;;lntf D. WITHDRAWALS 1) Any Proposer may, without prejudice, withdraw or modify his proposal at any time prior to the expiration of the time during which proposals may be submitted. A request for withdrawal or a modification shall be in writing and signed by a person who submitted the original proposal. After expiration of the period for receiving proposals, no proposal shall be withdrawn, modified or explained. E. CONTRACT I) The Proposer to whom the award is made shall execute the Contract to do the work within ten (10) days after receiving such Contract for execution. If the Proposer to whom the first award is made fails to enter into the Contract as herein provided, the award may be annulled and the Boynton Beach CRA may then enter into a Contract with another responsive, responsible Proposer. Such Proposer shall fulfill every stipulation embraced herein as if he were the original party to whom award was made. 2) A corporation to which a Contract is awarded will be required to furnish a certificate as to its corporate existence and evidence that the officer signing the Contract is authorized to do so on behalf of the corporation. F. PROPOSAL GUARANTY I) All proposals shall be submitted upon the proposal form(s) herein, or verbatim copy thereof. Proposals shall be accompanied by an acceptable five percent (5%) proposal bond, cash, certified check or money order if the proposal amount exceeds $25,000.00. Said proposal bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida for purposes of service of process. The proposal bond amount shall be five percent (5%) of the proposal price and shall constitute a guarantee that the contractor, if awarded the Contract, will enter into a written contract with the Boynton Beach CRA to perform this work pursuant to the proposal. As indicated above if a proposal/bid bond is warranted. G. QUALIFICATION OF SURETY 2) The Proposal Bond and the Public Construction Bond shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a registered agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U. S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. As indicated above if a proposal I bid bond is warranted. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ~lfl~erCRA . East Skfe-WestSide-Seaslde Renaissance H. SUBCONTRACTS 1) If a Proposer subcontracts any portion of a Contract for any reason, the Proposer must state the name and address of the Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors". The Boynton Beach CRA reserves the right to accept or reject any or all proposals wherein a Subcontractor is named, and to make the award to the Proposer, who, in the opinion of the Boynton Beach CRA, will be in the best interest of and/or most advantageous to the Boynton Beach CRA. The Boynton Beach CRA also reserves the right to reject a proposal of any Proposer if the proposal names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in a position to perform properly under this award. The Boynton Beach CRA reserves all rights in order to make a determination as to the foregoing. I. DISPUTES 1) In case of any doubt or difference of opinion as to the items to be furnished hereunder, the Boynton Beach CRA Director's decision shall be final and binding. J. BASIS FOR PROPOSAL AND AWARD 1) The proposal price is to include the purchasing and delivery of all materials, equipment, tools including applicable taxes and all storage facilities, temporary on-site construction offices, as well as the performance of all labor and services necessary for the completion of the work except as may be otherwise expressly provided in the Contract Documents. 2) The Proposer is responsible for reviewing the pertinent state statutes involving taxes, including, but not limited to sales tax, and complying with all statutory requirements. 3) Proposers shall enter a price for each item in the proposal (Bid Schedule). Lump sum prices shall include all work within the limits specified herein or shown on the drawings. 4) The Boynton Beach CRA reserves the right to award the Contract for the work described by these specifications in a manner or method which will produce the most effective cost benefit to the Boynton Beach CRA. The lower monetary proposal will NOT in all cases be awarded the Contract. The Contract will be awarded by the Boynton Beach CRA to the most responsive, responsible Proposer whose proposal represents the most advantageous proposal to the Boynton Beach CRA, price and other factors considered. 5) In the event of a court challenge to an award by any Proposer, damages, if any, resulting from an improper award shall be limited to actual proposal preparation costs incurred by the challenging Proposer. In no case will the award be made until all necessary investigations have been made into the responsibility and responsiveness of the Proposer in order that the Boynton THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 ~~~Y~e~\CRA ill East Side-West Side-Seaside RenajSS2nc~ Beach CRA is satisfied that the most responsive, responsible Proposer is qualified to do the work and has the necessary organization. capital and equipment to carry out the required work within the time specified. K. RIGHTS OF THE BOYNTON BEACH CRA: The Boynton Beach eRA expressly reserves the right to the following: I) Waive any informality, minor deviations from specifications at a lower price than the most responsive, responsible Proposer meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired. 2) Waive any defect, irregularity or informality in any proposal or proposal bidding procedure. 3) Reject or cancel any or all proposals. 4) Reissue an Invitation to Proposal. 5) Extend the proposal opening time and date. 6) Procure any item by other means. 7) Increase or decrease the quantity specified in the Invitation to proposal unless the Proposer specifies otherwise. 8) Consider and accept any alternate proposal as provided herein when most advantageous to the Boynton Beach CRA. L. ADDITIONAL PROPOSAL FORMS 1) The following pages must be completed and submitted along with proposals in order for the package to be considered complete and acceptable: a. Proposer Acknowledgement b. Addenda c. Proposal d. Proposal Bond e. Certificate as to Corporate Principal f. Statement of Proposer's Qualifications g. Proposer's Site Inspection Conftrmation h. Noncollusion Affidavit of Prime Proposer i. Anti-Kickback Affidavit TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 l~fl.1~ J. ConfIrmation of Drug-Free Workplace k. Statement of No Proposal VIII. OTHER TERMS AND CONDITIONS A. INSURANCE QUALIFICATIONS 1) Submission of Post-Proposal Information. The Notice to Proceed shall be issued immediately upon the Boynton Beach CRA construction contract execution and shall be conditional to receipt of the items below. The selected respondent shall, within ten (10) business days from posting the Recommendation to Award, submit the following: a. Executed Performance Bond, and Labor and Material Payment Bond. Use Bond forms provided as attached with appropriate Bond Numbers. NOTE: The Bonds must be recorded in the records of the City of Boynton Beach, Boynton Beach, Florida. See notes above b. Certificates of Insurance coverages as specified in the contract. c. Copies of respondent's State of Florida certification and/or registration for a general contractor and all proposed subcontractors. d. Copies of occupational licenses for Palm Beach County and the City of Boynton Beach. e. Resume of Contractor's Construction Superintendent for this Project. Failure of the successful respondent to execute and timely return the Contract Documents, together with bonds, certificates or other items in proper form as required shall be cause for cancellation of the intent to award and withdrawal of the contract, and may be cause for forfeiture of the proposal guarantee. The Work may be performed otherwise as the Boynton Beach eRA decides is in its best interest. In such case, the forfeited proposal guarantee will become the Boynton Beach CRA's property, not as a penalty but as a liquidation of damages resulting from the respondent's failure to comply with the terms and conditions. 2) If requested by the Boynton Beach CRA, the respondent shall be required to establish to the satisfaction of the Boynton Beach CRA the reliability and responsibility of the proposed subcontractors to furnish and perform the Work described in the sections of the specifications pertaining to such proposed subcontractor's respective trades. Prior to the award of the Contract, the Boynton Beach CRA will notify the respondent in writing if the Boynton Beach CRA, after due investigation, has reasonable and substantial objection to any person or organization on such list. If the Owner has a reasonable and substantial objection to any person or organization on such list, and refuses in writing to accept such person or organization the respondent may, at their option, withdraw the Proposal without forfeiture of THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 ~;~~Y~e~ICRA iI East Side"'West Side-Seaside ~naissance Proposal Security, notwithstanding anything to the contrary contained in the Proposal Documents. If the respondent submits an acceptable substitute there shall be no increase in the Proposal Price to cover the difference in cost occasioned by such substitution. Subcontractors and other persons and organizations proposed by the respondent and accepted by the Boynton Beach CRA must be used on the Work for which they were proposed and accepted and shall not be changed except with the written approval of the Boynton Beach CRA. 3) Insurance. Contractor shall be required to provide the following insurance coverages listed below. All required coverages shall be underwritten by. insurance companies that are licensed to do business in the State of Florida. State approved excess and surplus lines insurers shall have a current rating of A- or better by A.M. Best Company with a financial size category of Class VIII or larger. All coverages must be provided on a primary basis. a. Commercial General and Marine Liability. Contractor shall maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, and not less than $5,000,000 Annual Aggregate. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability. The policy shall also provide coverage for Completed Operations and Products Hazard. b. Business Automobile Liability. Contractor shall maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Accident for all owned, non-owned and hired automobiles. In the event Contractor does not own any automobiles, the Business Auto Liability requirement shall be amended allowing Contractor to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability or separate Business Auto coverage form. c. Worker's Compensation Insurance & Employers Liability. Contractor shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440 and the Federal Longshore and Harbor Workers' Compensation Act. d. The following coverages are required if applicable: 1. Environmental Impairment Liability. ii. Collapse. In the case of 1) Grading, paving, excavating, drilling, tunneling, burrowing, filling, backfilling, pile driving or clearing land close enough to an existing building or structure to cause damage, or (2) Moving, shoring, underpinning, raising or demolition of any structure or removal or rebuilding structural supports. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11 IlflY!ife~RA . &st Side-Wen Side-Seaside IIllnoiuance 111. Underground. The use of mechanical equipment to grade, pave, excavate, drill, tunnel, burrow, fill, backfill, pile drive or clear land. iv. Explosion. For the use or presence of dynamite or other explosives or welding tanks or other containers of potentially explosive substances. v. Independent Contractor. The use of Subcontractors by the Contractor to perform any of the Construction work. 4) Additional Insured. Contractor shall endorse the Boynton Beach CRA as an Additional Insured in the CGL and workers compensation policies. The Additional Insured endorsement shall read "Boynton Beach Community Redevelopment Agency. a municipal corporation of the State of Florida. its Officers. Employees and Agents." Contractor shall provide the Additional Insured endorsements coverage on a primary basis. 5) Umbrella or Excess Liability. If necessary, Contractor may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto Liability, or Employer's Liability. The City shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. 6) Right to Review. The Boynton Beach CRA and/or the City of Boynton Beach reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages or endorsements, herein from time to time throughout the term of this Contract. Boynton Beach CRA and/or the City of Boynton Beach reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor fmancial condition or failure to operate legally. 7) Cancellation. Certificates of Insurance and a copy of all policies acceptable to the Boynton Beach CRA shall be filed with the Boynton Beach CRA as required above. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the Boynton Beach CRA. The Certificate of Insurance shall also contain the following statement: "The Boynton Beach Community Redevelopment Agency is an insured in connection with work contracted to (Name of Contractor). This insurance applies separately to the Boynton Beach CRA except with respect to limits of liability and is primary." 8) Waiver of Subrogation. Contractor hereby waives any and all rights of Subrogation against the Boynton Beach CRA, its officers, employees and agent for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to Tms PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 ~~~Y~e~iCRA . East Sid@-WestSide-Seaside Renaiss1nct': waive subrogation without an endorsement, then Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre-oloss basiso 9) Indemnification. Contractor shall defend, indemnify and hold harmless the Boynton Beach CRA, and its officers, employees and agent from any and all claims, liabilities, damages, losses and costs including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of the contract. One percent (1 %) of the contract price represents specific consideration to the Contractor for the indemnification set forth in the contract. B. TIME OF COMPLETION / CONSTRUCTION SCHEDULE / LIQUIDATED DAMAGES I) Contractor shall agree to commence work within ten (10) calendar days of the Commencement Date as indicated in the written "Notice to Proceed" provided by the Boynton Beach CRA, and achieve Substantial Completion without interruption within ninety (2m. calendar days thereafter. 2) Final Completion shall be within thirty (~ calendar days of Substantial Completion, and the Proposer agrees that if awarded the contract, it will complete said work in accordance with both the Substantial Completion and Final Completion date. 3) Should the Proposer/Contractor, or in the event of a default, its Surety, fail to achieve certification of Substantial Completion by the date specified in the written ''Notice to Proceed," the Boynton Beach CRA will suffer damages, the amount of which is difficult if not impossible to ascertain. Therefore, in such an event, the Boynton Beach CRA shall be entitled to Liquidated Damages as specified in the Contract for each calendar day beyond the date of certification of Substantial Completion, until certification of Substantial Completion and acceptance thereof have been granted by the Boynton Beach CRA. The Liquidated Damages rate is $2.000.00 ner dav through the date of certification of Substantial Completion. 4) Liquidated Damages due to the Boynton Beach CRA may be deducted from payments due the Proposer/Contractor, or may be collected from the Proposer/Contractor or his Surety. The liability of the Proposer/Contractor and its Surety for delay damages shall be joint and several. These provisions for liquidated damages shall not prevent the Boynton Beach CRA, in case of the Proposer/Contractor's default, from terminating the right of the Proposer/Contractor to proceed as provided in the General Conditions for Construction. 5) The Proposer/Contractor and Boynton Beach CRA agree that the rate set forth herein is a reasonable estimate of the amount of damages which the Boynton Beach CRA will suffer in the event the Proposer/Contractor does not timely complete the Contract. The Proposer/Contractor and Boynton Beach CRA agree that these liquidated damages shall be assessed as THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 IlflY~e~RA . East SkIe-West Side-Sas;de Renaissance damages, as provided in the Contract Documents, and that they are not, and shall never be considered to be a penalty. C. BASIS FOR PAYMENT 1) This is a lump sum contract to complete the project in accordance with the plans and specifications. Payment shall be made on the basis of prices given in the proposal. Lump sum prices shall be paid on a percentage complete basis. It is the Contractor's responsibility to verify unit quantities prior to execution of contract. Unit prices shall be applied only if there are changes in the plans and specifications after award of contract. . Retentions shall be as specified in the Contract. D. ACCEPTANCE PERIOD 1) The Proposer shall maintain its proposal for acceptance by the Boynton Beach CRA for a period of not less than sixty (60) days following the date of the proposal opening. The Proposal Guaranty required under Section VII.F., shall remain in effect for this period. If applicable E. KNOWLEDGE PRESUMED 1) Proposer is deemed to have knowledge of all applicable federal and state laws, municipal ordinances and rules and regulations of all authorities having jurisdiction over construction of the project. F. ALTERNATES I) Where a base proposal is provided for, the Proposer shall submit a proposal on the base proposal and may exercise their own prerogative in submitting an alternate proposal but must provide proposal price for specified item and an alternative proposal price. The Boynton Beach CRA reserves the right to accept or reject the alternates or base proposal or any combination thereof. The Boynton Beach CRA, or its authorized representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or whatsoever, is an approved equal, and reserves the unqualified right to a final decision regarding the approved or rejection of the same. G. ASSIGNMENT I) Any Contract or Purchase Order issued pursuant to this Invitation to Proposal and the monies which may become due hereunder are not assignable except with the prior written approval of the Boynton Beach CRA. H. DELIVERY 1) Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the Proposer/Contractor is responsible for the shipment until it reaches its destination. Any and all freight charges, taxes, or storage fees are THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 ,~_., .... ~~~~Y~Te~ICRA _East Sf.d~"'West Sidl!....~aside ~nainancf to be included in the proposal total The Proposer's invoice payment terms must be shown. 1. PAYMENT OF SUB-CONTRACTORS AND SUPPLIERS 1) Contractor shall provide copies of all sub-contractor fee proposals and verification of payment of sub-contractors, and shall be provided concurrent with invoices issued by the general contractor for payment. Failure to provide required documentation of payment will result in a delay of payment from the Boynton Beach CRA. J. INDEMNIFICATION I) The proposal shall include an amount constituting sufficient consideration to support the Contractor's obligation to indemnify the Boynton Beach CRA for claims or actions from any claim demand or cause of action arising from any act, omission or default of the Proposer/Contractor, Boynton Beach CRA. its employees or agents, arising from the Contract or its performance. IX. RESERVATION OF RIGHTS The respondent acknowledges the right of the Boynton Beach CRA reserves the right to reject any and all responses received either in whole or in part, with or without cause, or to waive any response requirement, informalities or deficiencies, in any response if such action is deemed by the Boynton Beach CRA to be in the best interest of the project or the Boynton Beach CRA. The Boynton Beach CRA may, at its discretion, elect to waive any non-material requirement, either for all responses or for a specific response. In addition, the respondent recognizes the right of the Boynton Beach CRA to reject a Proposal if the respondent fails to furnish any required Proposal security if applicable, or to submit the data required by the Proposal Documents, or if the Proposal is in any way incomplete or irregular; to reject the Proposal of a respondent who is not in a position to perform the Contract; and to re-advertise for other Proposals or to accept the next responsive Proposal. The Contract(s), if awarded by the Boynton Beach CRA, will be awarded based on the procedures above, provided the Proposal meets the criterion specified herein and is in the best interest of the Boynton Beach CRA. The Boynton Beach CRA reserves the right to cancel the contract, or portions thereof, without penalty at any time. The Boynton Beach CRA reserves the right to withdraw this RFP either before or after receiving responses. X. EVALUATION AND RANKING PROCESS Evaluation Committee. An Evaluation Committee shall be appointed by the Boynton Beach CRA Director. The Committee will consist of four (4) persons, including public and private sector representatives. The Evaluation Committee shall review and rank the THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 ~!Ifl~tRA . East Sfde-West Side....Seaside ~nalla.nce respondents based on criteria listed below. Based on this ranking, the Boynton Beach CRA shall negotiate with the highest ranked respondent. If negotiations are unsuccessful with the highest ranked respondent, then negotiations with the next highest ranked respondent shall begin. Upon conclusion of the negotiations the Committee shall recommend to Boynton Beach CRA the award of the contract. A. Ranking Factors. Approved Proposals will be ranked on the basis of those proposals which contain the most advantageous combination of design, price, proven performance and service. The following items will be considered in this process: 1. Contractor qualifications and experience, including type, size and complexity of projects, and quality of construction. 2. Contractor's fmancial capacity. (Contractor must be able to provide a bond equal to the amount of their proposal.) 3. Compatibility of the response to the Boynton Beach CRA's goals and objectives as set forth in the design documents. 4. Recommendations of references (minimum of three (3). 5. Other information as determined to be helpful in ascertaining the qualifications of the respondent. 6. Language needed for consideration given to proximity of Contractor to project location as it affects the number of trips and distances traveled relating to City's "Green" focus. B. Ranking Process. Each member of the Committee will score the individual proposals with assistance provided as needed. Each category will be scored and tabulated to achieve the Total Points awarded to each Respondent. The Total Points awarded will be ranked on a descending scale starting with number one (I) being the highest point total, number two (2) being the next highest, and so on. Then the ranking of each respondent from each Committee Member will be totaled to determine the top ranking respondent. C. Scoring. The Scoring Process is divided into five (5) categories based upon the criteria described below. The maximum score is 100 points. I) Qualifications of the Firm Total Points - 30 2) Bonding Capacity Total Points - 5 3) Assigned Staff Total Points - 15 4) Professional Approach Total Points -10 5) Cost Fee Proposal Total Points - 40 D. Description of Categories. 1) Qualifications of Firm. 30 points possible. a. Past, present and technical relevant building experience: The respondent shall demonstrate successful completion of previous projects comparable in design, scope and complexity. Current projects must be at least 50 percent complete to qualify for consideration. The respondent should demonstrate successful experience in dock construction. List the projects which best illustrate the experience of the fIrm and current staff which is being assigned to this project. List no more TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 ~~~Y~e~\CRA . East Side-West Slde-Se::nlde Renaisnnce than ten (10) projects. Do not ] ist projects which were completet1 more than five (5) years ago I. Name and location of the project II. The nature of the firm's responsibility on this project. Ill. Project owner's representative name, address and phone number. IV. Project user agency's representative name, address, and phone number. v. Date project was completed or is anticipated to be completed. VI. Size of project (gross square feet (GSF) of construction). VII. Cost of project (construction cost). VlII. Work for which the staff was responsible. Vlll. Present status of this project. IX. Project Manager and other key professionals involved on listed project and who of that staff that would be assigned to this project. 2) Bonding capacity. 5 points possible. The contractor will be required to secure a bond for the total construction amount. Each respondent shall provide a statement from their bonding agent or surety, licensed in the State of Florida, addressed to the Boynton Beach CRA referencing the surety's rating and financial category, project name and number and amount of reserve available to the completion of this project. The requirement for available reserve shall be based upon the total estimated cost for this project. Respondents must include a financial capability statement provided by a certified financial professional. Respondents that provide a statement with all required information outlined in this paragraph will receive the total point award, otherwise the point award otherwise the point award will be zero. 3) Assigned Staff. 15 points possible. Include the general and specific project related capability of the in-house staff and indicate the adequate depth and abilities of the organization which it can draw upon as needed. This will include management, technical, and support staff. Give brief resumes of key persons to be assigned to the project including, but not limited to: a. Name and title. b. Location of office the person is assigned if other than main location c. How many years with this firm d. How many years with other firms e. Experience. f. Types of projects. g. Size of projects (dollar value & GSF of project). h. What were the specific project involvements? THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 IlIm~tRA . East Skle"'West Slde...Seaslde A.enailnnce 1. Education. J. Active registration and qualifications relevant to this project. k. Experience with state requirements for marine projects. I. Job assignment for other current projects. m. Percentage of time to be assigned to this project. For Section E.3 (Assigned Staff): Show the organization chart as it relates to the project indicating key personnel and their relationship. It should be understood that it is the intent of the Boynton Beach CRA to insist that those indicated as the project team in this RFP response actually execute the project. 4) Professional approach. 10 points possible. Identify how respondent interacts and communicates with its clients. Demonstrate respondent's team oriented approach. This category also includes the respondent's ability to respond to construction issues, warranty issues and other project-related issues, references and other additional information helpful in ascertaining the qualifications of the respondent. The proposal must include the Contractor's overall project methodologies. The Contractor must clearly indicate a plan to perform the required work to guarantee limited disruption to commercial businesses within the Boynton Harbor Marina as well as limiting the impact to the current fueling operations and the Two George's Restaurant. As these are neighboring and tenant businesses who require access through the marina on a daily basis, specific and well thought planning must be demonstrated in the proposal. 5) Cost Fee Proposal. 40 points possible. The Contractor shall complete the Bid Schedule attached, herewith. All Proposals are to be inclusive lump sum proposals. Contractor is to provide pricing based on the plan and specifications provided. Any proposed alternatives to the base proposal shall be listed appropriately based on the cost proposal template. No alternatives are to be included in the base proposal. Final selection of the Contractor will not be based upon fee only. The Boynton Beach CRA reserves the right, at the sole discretion, to accept, reject or request clarification or revision of any cost proposal submitted. E. Short List Interview. The Evaluation Committee may, at its sole discretion, conduct interviews with the respondents in an effort to further understand the proposals and qualifications of the respondent. F. Negotiations. The Top Ranking respondent will be invited to negotiate a final contract for presentation to the Boynton Beach CRA for consideration. If the Project Manager and other key professionals involved on listed project and who of that staff that would be assigned to this project. G. Additional information. The Boynton Beach CRA reserves the right, before awarding any contract, to require a respondent to submit such evidence of qualifications and any current or updated information that was requested in the RFP as it may deem necessary, and may consider any information available to it of the financial, technical, and other qualifications and abilities of a respondent, including past performance with other governmental/educational agencies. Respondents are advised that requests for additional information or site visitations are not to be THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 ~~RY~e~ICRA iI East Side...West Side..$easide Renaissance construed as an indication that a respondent will receive or is in the best position to receive a contract award. H. Notice of Award. The Boynton Beach CRA will provide notice of its decision or intended decision concerning the contract award by posting a notice on the main door of the Boynton Beach CRA Office. Exhibit I. Marina Aerial Exhibit THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 I~~&~ This Page Was Intentionally Left Blank THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 ;::"-" PJlI~Y~~~CRA Ii East Side...We!'t Siide...Seaside Renaissanc:~ PROPOSER ACKNOWLEDGEMENT Submit Proposals To: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Release Date: July 16,2010 Project Title: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION Proposal Received By: August 17,2010. Proposals must be received in their entirety by the Boynton Beach CRA no later than 4:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for August 17, 2010, NO LATER THAN 4:00 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 proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton Beach. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: <--> - - Fax Number: C__ Mailing Address: City: State: Zip: Vendor Mailing Date: Authorized Signature Name (Printed or Typed) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE IlIR~t:RA .&stSide-WestSide-,SeuidtIlonl- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA Project Title: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION (project) Name of Proposer: Date Submitted: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, 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: Sea Diversified, Inc. (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 WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE II :.~".;,,'";' ~~NY~e~ICRA ill East Sid~-WeslSide""Seaside Renaissanc:e PROPOSAL The Proposer agrees to accept as full payment for the: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION Scope of Work: (Contractor to Write Scope ofWork)_______ GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within ninety (90) calendar days thereafter. Original and six (6) copies of proposal submitted. Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor( s) submitted. Site Inspection Form submitted. Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE III Ilfl~etRA . East Side~W.st Side-Seuide lIo-'ce (Proposal Continued) The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date Name of Proposer, Corporation, Firm or Individual By: Signature Printedffyped Name Title Telephone Number Florida Contractor's License Number: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE IV .,' ~~~Y~e~\CRA . East Side~We$tSide....Seaside ~n.aiS$:l.nC:f PROPOSAL BOND STATE OF COUNTY OF KNOWN ALL MEN BY THESE PRESENTS, that as Principal, and _______, as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, Boynton Beach Community Redevelopment Agency in the penal sum of __ _____________________ Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors. jointly and severally, firmly by these presents. THE CONDITON OF TillS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal, dated __ ' 2009. for: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION NOW THEREFORE, A. If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action instituted by any claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE v ~lfly~~tRA . bst SIde-West Side-Seaside ~nais...c. (Proposal Bond Continued) IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several Seals this day of , 20_, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: WITNESS: Name of Firm (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Witness Signature Signature of Authorized Officer (Affix Seal) Title Business Address City and State SURETY: WITNESS: Corporate Surety (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Attorney-in-Fact (Affix Seal) Name of Local Insurance Agency Business Address City and State THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE VI ~~~Y~e~~CRA . East Side...WenSide-Seaside Reffilissance CERTIFICATE AS TO CORPORATE PRINCIPAL 1. , certify that: . 1 am the Secretary of the Corporation named as Principal in the within bond: . ____________ who signed the said Proposal Bond on behalf of the Principal was then ____ of said Corporation: . I know his signature and his signature hereto is genuine. . Said bond was duly signed, Sealed and attested for and in behalf of said Corporation by authority of its governing body. Secretary (Corporate Seal) STATE OF ) COUNTY OF Before me, a Notary Public duly commissioned, qualified and action, personally appeared to me well known. who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by__ to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the Boynton Beach Community Redevelopment Agency. TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE VII 1!1~~8\:j1CRA . Eut Slde_WatSide_Sasldel1.enaisAnce STATEMENT OF PROPOSER'S QUALIFICATIONS Each Contractor submitting a proposal 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 Proposal document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. (* Attach additional sheets providing the information.) 1. Name of Proposer: 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business under the present firm name? years 6. General character of work performed by your company: 7. Enclose evidence of possession of required licenses and/or business permits. * 8. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). * 10. Bonding Capacity: 11. Have you ever defaulted on a contract? If so, where and why? * Yes No 12. Experience in performance: Proiect $ Value Contact Name Phone # $ $ $ $ $ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE VIII ~~RY~ecilcRA _East S-id~"We!tt Side-Seaside l\enaissancl' (Statement of Proposer 's Qualifications Continued) I 3. Experience in performance: Contact Name Phone # Proiect $ Value $ $ $ S $ 14. Contracts on hand. * 15. Largest completed projects (include final cost). $ Final Cost 1) 2) 3) 16. List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * 1) Arose from construction projects. * 2) Occurred within the last four (4) years.* 3) Provide case number and style.* Dated at: day of ,20_ This By: Written Signature Name: Printed or Typed Title TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE IX IlIWe\:itRA . East Side-West Slde-Seuldo ~nainanc. PROPOSER'S SITE INSPECTION CONFIRMATION Each Contractor submitting a proposal on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. Check One: o Non-Mandatory X Mandatory Project Title: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION Proposal Number: #CRA- 2010-001 as an authorized representative of Name and Title of Representative (hereinafter called the Proposer) located at Name of Company and that said Company Address Proposer has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail prior to submitting his Proposal or Proposal. Signature of Company Representative Named Above Date of Inspection Owner's Representative (Signature for Mandatory Only) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE x ~~~Y~e~ICRA Ii East Side-West Side-Seaside Renaissanc:~ NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF COUNTY OF , being first duly sworn, deposes and says that: 1. He is of (Title) (Name ofCorporationlFirm) the proposer has submitted the attached Proposal; 2) He is fully informed, respecting the preparation and contents of the attached Proposal and all pertinent circumstances respecting such Proposal; 3) Said Proposal is genuine and is not a collusive or sham Proposal; 4) Further, the said Proposer 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 Proposer, firm or person to submit a collusive or sham proposal in connection with the Contract for which the attached proposal has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement, collusion, communications or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance 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 Proposal are fair and proper, and are not tainted by any collusion, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees or parties in interest, including this Affiant. Signature Title Subscribed and sworn to before me. day of .20 This My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Xl ~lfl~e~RA . East SkIe-West Side-Seaside Renailllnee ANTI-KICKBACK AFFIDAVIT COUNTY OF ) ) STATE OF I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein proposal will be paid to any employees of the Boynton Beach Community Redevelopment Agency as a commission, kickback or reward of gift, directly or indirectly, by me or any member of my firm, or by an officer of the Corporation. By: Signature Title Name (printed or Typed) Title (printed or Typed) Company (printed or Typed Subscribed and sworn to before me. day of ,20 . This My Commission Expires: NOTARY PUBLIC, State of Florida at Large "Official Notary Seal" Stamp THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE XII ~i~~Y~e~ICRA .&st Side-West Side-Se;nide Renaissance SCHEDULE OF SUBCONTRACTS Proposers are to submit a detailed listing of any Subcontractor( s) participation of any portion of this project for any reason. Project Title: BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION PROJECT Proposal Number: # CRA-2010-001 Main Contractor Name: I i I Name/Address/Phone of Type of Work to Subcontractor Performed Name: -- Address: , Phone: ~ Name: Address: Phone: --.-.- Name: Address: Phone: -r----- -1---.----------.---- be Dollar Amount I +.--.. . ---------.-t--"-----..------------------ I , -_._--~-+..- ~ i .------------t------ I I ----,.._~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE XIII IlflY~etcRA . East Side-West Side-Seaside I\onallnnce CONFIRMATION OF DRUG-FREE WORKPLACE STATEMENT IDENTICAL TIE PROPOSALS Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or more proposals, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a proposal 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 proposals 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: I) 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' 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) Give each employee engaged in providing the commodities or contractual services that are under Proposal 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 proposal, 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 of America or any state for a violation occurring in the workplace no later than five (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 Title THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE XIV ,s ~~~~Y~e~ICRA iI East Side..West Side:....Se2side ~naiss..nc~ STATEMENT OF NO PROPOSAL If you are not submitting a proposal on this service/commodity, please complete and return this form to: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Failure to respond may result in deletion of Vendor's name from the qualified proposer's list for the Boynton Beach Community Redevelopment Agency. Vendor/Company Name: Mailing Address: City: State: Zip: Telephone Number: (~-- Fax Number: Vendor Signature: Date: WE, the undersigned, have declined to respond to your Proposal #CRA-2009-001 for the BOYNTON HARBOR MARINA FUEL DOCK RECONSTRUCTION because of the following reasons: Specifications too "tight" (i.e., geared toward brand or manufacturer only (specify/ explain below). Insufficient time to respond to the Invitation to Proposal. We do not offer this product or an equivalent. Our product schedule would not permit us to perform. We are unable to meet specifications. We are unable to meet bond requirements. Specifications unclear (explain below). Other (specify/explain below). REMARKS: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE xv ~IR~~tRA . East Side-West Side-Seaside Renaissance This Page Was Intentionally Left Blank THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE XVI 63..1) Page 1 of 1 ./ Brooks, Vivian From: VI ad Dumitrescu [Vlad@regarchitects.com] Sent: Tuesday, July 13, 2010 1 :44 PM To: Brooks, Vivian Cc: Rick Gonzalez; AI Phillips Subject: Holiday House Attachments: A2 Rendering.pdt; A1 Site Plan.pdt; 09014 17 HH budget.doc Dear Vivian, Attached please find the revised Site Plan and Proposed Rendering drawings produced for Holiday House. We evaluated the Construction Cost Budget of the renovation (Site and Building) to vary between $375,000.00 (Low) and $475,000.00 (High) with a relatively large portion of the budget being affected by structural upgrades and modifications needed to bring the building up to code and facilitate the new office use of the building. The numbers do not include General Conditions, OH/P, Contingency, Civil, Permits including P&Z, and A&E Soft Costs. Thanks Vlad Dumitrescu, AlA, LEED AP Sr. Project Designer vIEuj@regarchitects.com REG Architects, Inc. 307 Evernia Street - 4th Floor West Palm Beach, FL 33401 Ph 561/659-2383 Ext.27 Fax 561/659-5546 7/1312010 REG ARCHITECTS" INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING July 12,2010 Ms . Vivian Brooks CRA Planning Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Re: Preliminary Budget 710 N Federal Hwy Holiday House Renovation Work Order #09014.17 Dear Ms. Brooks: REG Architects, Inc. is pleased to find attach below our preliminary budget for the renovation of the building and site of the one-story structure Holiday House located at 710 N Federal Hwy, Boynton Beach. The budget represents the overall site and fayade improvements illustrated in the set of drawings attached to this document. The 3500 sq. ft. will be renovated to provide office and gallery space requiring architectural, structural and MEP renovation and upgrade, including new roofing, new impact resistant doors and windows, new shared restrooms and kitchen and new mechanical, plumbing and electrical systems. In addition, the 1978 building will require significant structural improvements to be brought up to the current code. The proposed site improvement proposes reducing the parking area and creating new landscaped and hardscaped areas surrounding the building as well as additional landscape and screen hedges around the property perimeter. Preliminarv Budflet Construction Cost Site Improvement Building Improvement (Structural) Building Improvement (Arch/MEP) Total Construction Low $ 75,000.00 $ 55,000.00 $ 245,000.00 $375,000.00 High $ 100,000.00 $ 80,000.00 $ 295,000.00 $475,000.00 Budget does not include: General Conditions Contractor Markup Contingency Soft Cost! A&E Services Permits Cost 307 Evernia St., StJ::':;....~t..~..-!/..;1:. .. aIm Beach, FL 33401 Phone: (561) {59-2A'~ . F~lx: (561) 659-5546 www r . / .\' AA 0002447 " . \1\11 :'\-7' .l,\J~-- EST. I 9 8 8 Boynton Beach eRA #09014.17 July 12, 2010 Not included: . Interior FF &E and finishes . Environmental and soil reports . Survey . P&z . Traffic Study . Civil . Parking lighting . Low voltage Systems Sincerely, REG Architects, Inc. Vlad Dumitrescu, AlA Senior Designer cc: REG ARCHITECTS, INC. 307 EVERNIA ST., STE. 400 WEST PALM BEACH, FL 33401 PHONE: (561) 659-2383 . 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' ~ ----> ----- July 22,2010 7:30 am Registration/Networking 8:00 to 9:30 am Continental Breakfast and Panel Palm Beach Gardens Marriott Click here to register Speakers inc1u9.e: Moderator Jeff Perlman Celsius Holdings Leif Ahnell City of Boca Raton (invited) Lisa Bright Boynton Beach CRA Diana Colonna Delray Beach CRA Mayor Lois Frankel City of WPB Carlos Viduelra Rybovich Join LIS to learn more about PSC's Community Redevelopment Agencies (CRA's) . . . . . - Plans for building more vibrant downtO"wn destinations. - Programs, events and activities that are in motion. - Plans to constmct more visually appealing downtowns. - How our local CRA's encourage economic grm-vth, thus improving quality of life. - Redevelopment strategies for various projects that are being implemented within each city. -- -- ---- - -- .... --- - --- July 22, 2010 7:30 am Registration/Networking 8:00 to 9:30 am Continental Breakfast and Panel Palm Beach Gardens Marriott Click here to register Speakers inclu~e: Moderator Jeff Perlman Celsius Holdings Leif Ahnell City of Boca Raton (invited) Lisa Bright Boynton Beach CRA Diana Colonna Delray Beach CRA Mayor Lois Frankel City of WPB Carlos Viduelra Rybovich Join us to learn more about PSC's Community Redevelopment Agencies (CRA's) . . . . . - Plans for building 1110re vibrant downtovvn destinations. - Programs, events and activities that are in motion. - Plans to construct more visually appealing downtowns. - How our local CRA's encourage economic growth, thus improving quality of Hfe. - Redevelopment strategies for various projects that are being implemented within each city. . Page 1 of 1 Bright, Lisa From: Bright, Lisa Sent: Wednesday, June 23,20104:58 PM To: 'jreguez@aol.com'; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill Cc: 'Jim Cherof Subject: Holiday House Update Attachments: CRA Mtg Minutes-6-8-10 HH.doc Dear CRA Board members, This is a follow-up to my previous email regarding Holiday House and the REG Work Order for project cost estimates. The minutes do not provide explicit direction and typically I do not expend public resources on private property without CRA Board approval of a lease, a purchase agreement or specifically encumbered funds. Therefore, I contacted Mr. Art Dalmaida, owner of Holiday House, in order to capture the essence of his discussion with the Chair. Mr. Dalmaida reported that he met with Mayor Rodriguez and Sharon Grcevic of Boynton Realty at the property on Monday, June 14th. The following is an outline of his understanding of the CRA's intent: 1.) CRA does not have the money to purchase the Holiday House property 2.) CRA would be willing to negotiate a triple net lease at $16.00 per square foot 3.) Mr. Dalmaida has received a construction proposal cost estimate for the renovations which include but not limited to the costs of replacing the roof, soffets, HVAC, plumbing, electrical, landscaping and more to make it useable as the CRA offices. 4.) Mr. Dalmaida is willing to pay for some interior renovations as an investment in improving the property. The amount would be determined on receiving final numbers from your builder. I have executed the REG Work Order to have CRA cost comparisons for the builder proposal. Mr. Dalmaida and I will continue discussions on the lease terms next week upon his return from a trip. Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 561.737.3256 - Office 561.236.8838 - Mobile 561.737.3258 - Fax email: brightl@ci.boynton-beach.f1.us 06/23/2010 ,!!!:!iht, Lisa From: To: Sent: Subject: Your message To: Cc: Subject: Sent: Holzman, Steven Bright, Lisa Wednesday, June 23, 2010 4:59 PM Read: Holiday House Update 'jreguez@aol.com'; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill 'Jim Cherof Holiday House Update 06/23/20104:58 PM was read on 06/23/2010 4:59 PM. 1 Join us for an opportunity to promote your business and network with fellow entrepreneurs... Eastside Business to Business EXPO Wednesday, July 28, 2010 5:30 p.m. - 7:30 p.m. Benvenuto Caterestaurant 1010 South Federal Highway Boynton Beach Free valet parking and complimentary appetizers included Business owners are invited to participate in this information forum to promote their services and learn about discounted Chamber of Commerce memberships, Palm Beach Post advertising, and funding opportunities available to assist our local merchants during this economic slowdown. RSVP by July 26 Kathy Biscuiti, 737-3256, ext. 212 www.boyntonbeach.cra Joint networking, partnership event sponsored by: ~ ....... cw.e#loTC'" BOVNTON BEACH OHA.M~" 0" c~..o. ....<'. ," . , "". ,. ~~R~8~RA .uu Side.-West S-lde....SeuideRe~imt'\'e ..t\ DoNALD K. POIGES CPA, IlC q-v CERllFEDPIR;.ICACCOJ!ilJ>M Page 10f2 LaVerriere, Lori From: LaVerriere, Lori Sent: Tuesday, July 13, 2010 1 :36 PM To: Rodriguez, Jose Cc: Bressner, Kurt; Goebelt, Sharyn Subject: Breakdown of HR/Fin. Svcs. for CRA Mayor Rodriguez: Per your request, we've provided a more detailed breakdown of cost estimates for HR & Finance Services. Since you will be bringing this up at tonight's meeting would you like me to distribute a preview copy of this email and Kurt's original memo to the remainder of the Board? 1) CRA currently paying (via two agreements- R06-059 & R09-002) that would need to be folded into a new "master" agreement: Those agreements include charges based on 9 employees per month as follows: · $8.20 per employee monthly for a total of $73.80 a month ($885.60 annually) for benefit consultants Willis of FL (R09-002) · $10 per employee monthly for a total of $90 a month ($1,080.00 annually) to utilize existing City benefit plans and access to the Benefits Administrator for questions (R06-059). 2) Resolution 07-012 - Rescinded by CRA in 12/0S~ $500/month plus one time start up fee for personnel records preparation ($25ID.:. · Human Resources Administration including internal consulting and access to staff for personnel related questions bye-mail, phone, or scheduled appointment for day to day H.R. related questions; · Recruitment including posting vacancies on the City's web site, advertising, applicant tracking, clerical testing, screening, of applicants, participation in the interview process, assistance with scoring candidates, background checks, scheduling pre-employment physicals (cost charged by vendor for advertising, background check and physicals to be paid by CRA); · New Hire orientation including assistance with payroll related paperwork, acknowledgement of receipt of policies, Workers Compensation presentation, a benefits overview and assistance with the completion of enrollment paperwork etc.; · Benefits including participation in City's health plans, the annual open enrollment, wellness initiative programs, attendance at City's wellness fairs, Commit2bFit presentations etc. · Organizational development/training, access to City-based training programs for CRA staff (a $50 fee per class will be charged, which is also charged to the departments for City employees who attend the classes); · Document imaging, records management and responding to personnel related records requests, employment verifications; · Position control maintenance. This list is not all inclusive, but it includes a good basic overview of the Human Resources Services we can provide. We welcome the opportunity to do so. NOTE: The monthly fee of $500 charged previously is sufficient provided the $150 per hourly fee remains for special projects such as pay and class matters, responding to personnel related surveys and H.R. investigations. Further, we recommend a one time start up charge of $250 for the personnel file management for the time involved in the initial preparation of the personnel files, which includes redacting the files, the creation of Laser Fiche files, the assignment of passwords for security purposes and scanning. Although this service was offered under the previous contract, the CRA staff did not utilize it. 7/1312010 Page 2 of2 3) Payroll & Leave Time Management - Setup charge of $280 plus monthly fee of $140 - CRA currently NOT under contract for these services: Initial Setup-Create setup in H T E for CRA: (Setup pay codes, tables, accrual rates, direct deposit info, bank info, etc.) 8 hrs @ $35/hr $280 Monthly Costs-processing payroll for 9 employees: (IRS tax payments, quarterly 941 Report, Yearly W-2 processing) 4hrs @ $35/hr $140 NOTE: This assumes that the City will not need to have any programming done to the existing payroll system, if so there may be additional charge. This also assumes that all CRA employees are on direct deposit and will receive their direct deposit paystubs by "online paystub service", as the City is in transition phase to have employees receive their direct deposit form online versus paper copy. SUMMARY OF ANNUAL COSTS: . Continue with services outlined in #1 : . Reinstitute services in #2 (including personnel file management): . a) Setup/Prep of Personnel Files (one time charge) . b) Monthly charge $500/month x 12= . Add services outlined in #3 (payroll & leave management): . a) Setup of records (one time charge) . b) Monthlycharge$140x12= $ 1,965.60 $ 250.00 $ 6,000.00 Estimated Total: $ 280.00 l1,680.00 $10,175.60 Staff recommends the CRA provide some contingency funding for specialized HR services as stated above in #2. All of the above services can be rolled into one new Master Agreement. Our HR Director, Sharyn Goebelt and I will attend the CRA meeting tonight to answer any questions you or the Board may have. Lori Lori LaVerriere Assistant City Manager City of Boynton Beach Phone: (561) 742-6010 Fax: (561) 742-6011 laverrierel@ci. boynton - beach. fl. us 7/13/2010 ~ Boynton Beach City Manager's Office Memorandum To: Mayor Jose Rodriguez From: Kurt Bressner City Manager Date: July 1,2010 Re: Human Resources Services for CRA As a follow-up to your request, I have researched the files on the past agreements with the CRA to perform Human Resource services by the City for the CRA. Resolution 06-059 - Agreement to Permit CRA to Utilize City Benefit Plans -- This agreement is still in force and was modified by Resolution 09-002 to include the costs of the City's external benefit consultant. Comment: It is probable that the City will be changing Health Insurance carriers for Fiscal 2010-2011. The agreement must be modified to reflect new costs and carrier change. No other issues are anticipated with this agreement. Resolution 07-12 Agreement with CRA and City for Human Resources Services - This agreement was approved by the City and the CRA in February 2007 and was rescinded by the CRA Board on December 9, 2008. The scope of services under this contract included: a. Participation in City's Open Enrollment Program for Benefits (this appears to be duplication of services in Resolution 06-059 as amended by Resolution 09-002 b. Recruitment Services c. Records Manager - Personnel file management upon request of the CRA. Our files indicate this was never utilized. d. Other - Access to HR staff for Day to Day questions e. Projects such as exit interviews, reclassification analysis, human resource investigations f. Training - Access to all City based training programs for CRA staff. The cost of the services per this contract was $500/month for services a, b, c, and d above; $150/hr for services listed under e above and a student cost of $50/per employee per class for services listed under f above. You have requested whether the City is in a position to offer services to the CRA again. The answer is yes. If this is to be considered, I would recommend that the services currently being provided per Resolution 06-059 as amended by Resolution 09-002 be folded into a new master agreement. The services that the City can provide would be as follows: Participation and administration of health insurance program Payroll Services including deferred compensation (Direct Deposit) Sick and vacation leave management (part of payroll) Recruitment Services Records Manager - Personnel file management Position Control Other - Access to HR staff for Day to Day questions HR projects such as exit interviews, reclassification analysis, human resource investigations Training - Access to all City-based training programs for CRA staff We have not developed cost estimates for these services pending review of the concept by interested parties. I believe that the costs will be similar to the 2007 agreement with provisions for additional services for Payroll and Leave Management. 2 Scope of Services Consulting Services for the Redevelopment of the Historic Boynton High School July 8, 2010 Overview The 181 Group Inc. ("181") is currently under a Continuing Services Agreement with the City of Boynton Beach ("the City"). Boynton Beach is seeking to redevelop its historic High School property in a manner that benefits the community, returns the school and its grounds to productive use, and achieve the redevelopment of the school with little or no impact to the City's finances ("the Project"). As an international firm providing planning, design, architecture, engineering and development planning and development advisory services, the 181 Group has significant experience developing and redeveloping abandoned and underutilized properties, and has assisted other communities to successfully redevelop important community assets. The City wishes to authorize the IBI Group, under the standing agreement between 181 and the City, to provide consulting services to analyze, plan, and structure the redevelopment of the historic High School property in the most beneficial fashion for the City and its residents. The scope of services 181 will provide for Boynton Beach is described in detail below. Scope of Services The primary objective of this work program is to provide pre-development services for the redevelopment of the historic Boynton Beach High School. This work program will seek to I) complete final due diligence and detailed development planning for the property, 2) complete the final development plan for the property, under the direction of the City, 3) secure tenants to occupy the High School building, and 4) secure financing to complete reconstruction. Working under the direction of the City, and subject to its review and approval, the specific task items to achieve this goal are as follows. 1. Complete Project Assessment and Objectives. Working with the City, interested parties, and the public, 181 will complete the Project research and due diligence, including a complete assessment of the project, and establishing the project and programmatic objectives for the project. The Project Objectives shall be both qualitative and quantitative and shall establish, among other things, the target cost, the architectural theme, image, and economic and community development objectives for the Project. The Project Assessment and Objectives will be derived from lBI's own due diligence, review of local market conditions, and robust input from the City, interested and impacted parties, and the public. The objectives and eventual implementation of the project will conform to the City's adopted Master Plans for redevelopment of the area, including, but not limited to, the City of Boynton Beach Downtown Vision and Master Plan (January 2009). As part of this task, IBI will design and manage a process for public input, review, and comment, which shall run throughout its work on the project. lBI's findings shall be presented to the City and the Public. These findings will form the basis for the formation of a design and development program for the School, and shall be reflected in the final design and development program. Task Deliverable(s): a. Design and implement public input and comment process b. Project Assessment Report - Issues, Market and Opportunities c. Presentation of findings 2. Complete Project Development Program. Building on the Project Assessment and Objectives completed in Task I, 181, working with the City, and through its continuing public participation process, will collect, review, and recommend, a Dcvelopment Program for the redevelopment of the High School. Thc Development Program will identify, prioritize. and compare various development alternatives, ineluding potential uses, potential ownership structures. tenancies, and financing opportunities to develop the High School. Based on this analysis, IBl will recommend a preferred development program to the City, including, but not limited to, a preferred tenant mix, rent structure. ownership structure(s). financing and building management. Task Deliverable(s): a. Project Development Program Report b. Presentation of findings 3. Complete Project Conceptual Design 181, based on the preferred development program identified III Task 2, 181 will complete a concept physical design for the SchooL including a site plan showing the redevelopment of the School Grounds, parking, and infrastructure, elevations of the reconstructed school building, and proposed interior floor plans. Task Deliverable(s): a. Project Conccptual Design Report b. Prcsentation of findings 4. Complete Concept Construction Cost Estimate 181 will complete a concept construction cost estimate for the preferred development program and physical design produced in Tasks 3 and 4. The concept construction cost estimate will be developed using industry standard best practices, include anticipated contingencies, and will be tested with local construction contractors. Task Deliverable(s): a. Construction Cost Estimate Report b. Presentation of findings 5. Complete Project Business Plan 18] will complete a business plan for the project, including a project pro fonna, identifying operating costs, revenues, a preferred ownership structure, and debt and/or equity repayment, based on the preferred ownership structure and alternative financing mechanisms identified above. The business plan and pro fonna will be suitable for presentation to potentia] investors, developers, and tenants for the project. Task Deliverable(s): a. Project Business Plan and Pro Forma b. Presentation of findings 6. Solicit Prospective Tenants and/or Development Partners 181 will fonnally solicit potential developers (for profit and not-for-profit), potential tenants, and potential operators (as required) of the various components of the project. If desired by the City, 181 will fonnulate, present, and advise the City with regards to the negotiation of development agreements, lease commitments, and operating agreements with parties solicited through this process. Task Deliverable(s): a. Occupancy and Development Report b. Presentation of findings 7. Structure Project Financing IBI will research, recommend, and solicit alternative financing structures and sources to complete the Project on the best terms possible for Boynton Beach. This research will result in a presentation of various funding sources and opportunities to finance the development of the Project. At the concussion of its research, IBI will present its recommended project finance structure to the City. As part of this analysis, IBI will use its best efforts to construct and recommend a finance structure that compensates Boynton Beach for some or all of the costs of the services provided under this scope of work. Task Deliverable(s): a. Project Occupancy and Finance Report b. Letters of Interest or Conditional Commitment from potential tenants to occupy the Historic High School property. c. Letters of Interest or Conditional Commitment from potential lenders or investors to finance the redevelopment of the Historic High School property. d. Presentation of findings Term, Performance and Termination 1. Term to Complete this Scope of Work IBI estimates that without unanticipated delays, this scope of work should be completed in 120 days or less. The term of this Agreement ("Term") shall commence upon written authorization by the City, and shall continue until the earliest of (a) the delivery of the final deliverable contained in the scope of services detailed above, or (b) upon termination of this Agreement by either the City or IBI according to Subsection 3, below. 2. Performance of the Scope of Services Authorization. IBI will commence the performance of each task detailed in this Scope of Services only upon notice from the City. Standard of Care. The standard of care for all professional services performed or furnished by IBI will be the care and skill ordinarily used by members of IBI's profession(s) practicing under similar conditions at the same time and in the same locality. It is IBI's responsibility to insure that all Project instruments of service, including but not limited to plans, reports, documents and specifications, produced by the IBI for the City shall be in accordance with all applicable federal, state and local regulations. Opinion of Probable Cost. Since IBI has no control over the cost of labor, materials, equipment, methods or services furnished by others, or over competitive bidding or market conditions, IBI's opinions of probable project costs are to be made on the basis of IBl's experience and qualifications and represent IBI's best professional judgment. Subcontractors. Consultants or Subcontractors, if needed to complete selected services, will be identified by IBI in advance, and engaged to perform only on prior written approval by the City. Additional Services and/or Changes. Additional or changes to the Scope of Services may be required by the City. The City, may at any time, by written order, make changes in the services or work to be performed within the general scope of this Scope of Services, subject to agreement the parties, such agreement not to be unreasonably withheld. If such changes cause an increase or decrease in IBI's cost of, or time required for, performance of any services, an equitable adjustment shall be made and this Scope of Services shall be modified in writing accordingly. 3. Termination This Scope of Services may be terminated a) in the event of a breach by either party, or b) the City determines to "abandon" the Project. Breach and Cure. Anyone or more of the following shall constitute an event of breach hereunder: either Party to this fails to perform or observe any covenant, term or condition contained herein, including, but 3 not limited to, breach of perfommncc, best eft()rt requirements, lH payment requirements. Upon the occurrence of an event of a breach of this Agreement, written notice shall be given the Party 1I1 Default of the Scope of Services specifying the default together with a statement of intent to tenninate thc work program if such default is not corrected within a twenty (20) day period immediately following the date or such notice (the "Cure Period"). If at the end of the Cure Period the defaulting Party has not cured (H otherwise corrected the specified default, at any time on or after the expiration of the Curc Period, a) the default may be waived, b) the time to perform or cure thc default Illay be extended, or cl the Scope of Services may be terminated. Project Abandonment. The Project shall be deemed "Abandoned" upon written notification from the City that it is unable to continue to pursue development of the Project. The termination, cancellation or expiration of this Scope of Services shall not relieve any party of any accrued monetary obligation otherwise due and owing pursuant to this Agreement. Fee Schedule IBI will complete the enclosed scope of work utilizing the fee schedule contained in the Continuing Services Agreement. Kevin Greiner, from IBI's Pompano Beach office will be the project manager, and Mike Peery, will be Design coordinator for the project. \1r. Greiner has extensive redevelopment and public finance experience, while Mr. Peery has extensive experience with the design, construction and adaptive re-use of school buildings. Resumes for both Mr. Greiner and Mr. Peery are available upon request. IBI has estimated the cost to complete the enclosed scope of services is $51,560. This estimate includes over 355 hours of work needed to complete the development program, concept design, business plan, and secure financing for thc redevelopment of the building. It also includes Two (2) public input sessions (designed with City staff in task I). Public input and commentary can also be obtained and collected through a variety of other sources, including the City web site, etc, Regular reports to the City; Presentations to the City Commission, as needed or requested: Two completed reports - the Project Assessment and Objectives report, and the Project Development Program; An investor-ready business plan, including building floor plans, clevations showing the new building, operating pro-forma, and construction cost estimate. and; A finance and ownership structure, with Letters of Interest or Conditional Commitment to occupy, lease and/or purchase the property, and tinance its reconstruction. As described above. any financing or transaction of the property will include a reimbursement to the City for the costs of this scope of work. Billing and payment will be made upon completion and delivery of the deliverables for each task detailed above. Upon the completion of each Task, the City will provide notice to IBI to begin the next Task specified within the Scope of Services. IBI will commence the performance of each task only upon notice to continue by the City. A breakdown of the cost estimate by function and task is shown below. 4 I. Complete Project Assessment and Objectives 2. Complete Project Development Program 3. Complete Project Conceptual Design 4. Complete Concept Construction Cost Estimate 5. Complete Project Pro fonna and Business Plan 6. Solicit Developers and Prospective Tenants 7. Structure Project Financing TOTAL 9.135 7,975 1.160 1.160 4,350 4,060 5 ,220 ,. 33,060 ,. 5 4,012 1,656 5,520 4.000 3,312 18,500 ,. 13,147 9,631 6,680 5,160 7,662 4,060 5,220 51,560 '~1 ~ ~ ~~~~Y~Te~ eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: I I Consent Agenda I X I Old Business I I New Business I I Legal I I Other SUBJECT: Rescission of Human Resources Interlocal Agreement between the City/CRA (!LA) SUMMARY: . August 7,2008, CRA Budget Workshop discussion to cancel the City/CRA Interlocal Agreement for Human Resource Services . December 9, 2008, CRA Board votes unanimously to cancel the City/CRA Interlocal Agreement for Human Resource Services. . Mayor Rodriguez requests City Manager prepare a proposal for providing Human Resources for CRA at annual cost of $10,175.60. . CRA staff analysis of the proposal FISCAL IMPACT: $10,175.60 per annum CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Not approve the City/CRA Human Resources Interlocal Agreement. ~~, T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\HR Interlocal Agreement.doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida ... December 9, 2008 -* Mr. and Mrs. Gayle, 12 Crossing Circle, thanked the organization for their assistance and allowing them to look forward to their "dream house." Tosi and Ian Rigby, thanked the City of Boynton Beach and the CRA for their assistance, which made a difference in their lives. They also thanked Jeff Wooster and Peggy Miller. Ms. Brooks noted of the eight houses set aside by the Homebuyers' Assistance Program, six had been sold. Great progress has been made since the Board's allocation of $400,000 last summer. She circulated photographs of the houses. VII. Information Only: A. CRA Policing Activity Report for the Month of October 2008 and District Statistics for the Months of October and November 2008 (This item would be addressed after Pulled Agenda Items.) C. Boynton Beach CRA and Trolley Website Updates D. Trolley Route Ridership Update E. Planning and Development Board Meeting Agenda - November 25, 2008 VIII. Pulled Consent Agenda Items: R. Approve Rescission of HR ILA with City of Boynton Beach Vice Chair Rodriguez noted the agreement provided for Human Resource services by the City at a cost of $6,000 per year, or $500 per month. He remarked the CRA was a small organization and did not have a Human Resources Department. He believed the CRA would benefit from the interlocal agreement with the City, as it could provide oversight, compliance and legal support. The services proVided by the agreement were critical, and he would feel more comfortable with the City performing the functions. He felt $6,000 per year for the services was reasonable and believed the agreement should not be terminated. Ms. Bright explained the City Commission directed that a process be created for CRA staff to have access to the City's Human Resource services. During the budget cycle, CRA Staff requested the agreement be rescinded. The Board concurred, as CRA staff utilized the services of independent Human Resource consultants rather than the City's services. No new hires were planned for this year and positions had not been funded. If the Board felt the agreement should not be rescinded, CRA staff would be forced to pull $6,000 out of the contingency fund. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 9, 2008 .J, .... Chair Taylor noted it appeared the CRA did not utilize the City's Human Resource services and as such, he was in favor of rescinding the agreement. Vice Chair Rodriguez reminded the Board of previous personnel issues at the CRA including challenges with the former CRA Director, former Chief Financial Officer and two administrative assistants who were given severance packages after very short periods of employment. He also noted when the Board granted an unbudgeted increase to the Executive Director, no questions were raised about dipping into the contingency fund. Ms. Bright pointed out none of the individuals referred to had ever filed a complaint against the CRA for improper hiring or firing practices, and none sought unemployment compensation at the expense of the Agency. The CRA followed the recommendations of the Board Attorney at the time. Vice Chair Rodriguez inquired whether City services were utilized in hiring the temporary Administrative Assistant. Ms. Bright replied in the negative, adding an advertisement for the position had been placed in the newspaper. Mr. Hay concurred with Chair Taylor and believed the agreement should be rescinded. Ms. Ross noted she had been satisfied with the explanation provided by the Executive Director. Mr. Weiland believed if funds were not prOjected for hiring this fiscal year, the issue could be considered during next year's budget cycle. Chair Taylor reiterated his support for the Executive Director's recommendation and had no objection to rescinding the agreement. Motion Mr. Hay moved to approve Item R. Ms. Ross seconded the motion that passed unanimously. s. Approve Revised Benefits ILA with City The agreement allowed the CRA to utilize the City's benefit plans for medical, dental, vision and life insurance coverage. The monthly cost to the CRA was $8.20 per employee, or $73.80 for nine employees, at an annual cost of $885. Motion Ms. Ross moved to approve. Mr. Hay seconded the motion. Bob Brown, 701 South Seacrest, inquired as to the administrative costs for insurance. The Finance Director was not present, and Ms. Bright suggested Mr. Brown call or visit the CRA office, and she would provide specifics to his questions. He inquired about full- 6 "'t; ~~~~Y~Te~ eRA Ii East Side-West S',de-Seas',de Renaissance eRA BOARD MEETING OF: December9,2008 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approve Rescission of Human Resources Interlocal Agreement (ILA) SUMMARY: In January 2007 the CRA and City entered into an ILA (copy attached) to permit the CRA to utilize the City's Human Resource services for: (1) Access to Services - participation in the annual enrollment benefit policies; participation in New Hire Orientation for benefits; access to City's benefit consultants; access to City's Benefit Administrator for consultation. (2) Recruitment - testing, advertising, application review; criminal background screening. (3) Records Management - personnel file management as requested by the CRA. (4) Special Projects - specific consulting services, exit interviews, reclassification analysis and HR investigations. The cost to the CRA is $6,000 per year or $500 per month exclusive of special projects and HR investigations at a cost of $150 per hour. With the exception of item (1) above the CRA was not utilizing the services available under the HR ILA. With a decrease of$1.2 million or 13% in revenue for the new fiscal year, this program was eliminated as part ofthe budget approved on September 2,2008. FISCAL IMPACT: $6,000 savings in FY 2008/2009 RECOMMENDA TIONS: Rescind the HR ILA Susan Harris Finance Director T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\12-9-2008 Meeting\Rescind Human Resources ILA.doc -it. MINUTES OF THE COM.MUNITY REDEVELOPMENT AGENCY BUDGET WORKSHOP HELD ON THURSDA V, AUGUST 7 I 2008, AT 6:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cheraf, Board Attorney I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:00 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation and Ms. Ross led the Pledge of Allegiance to the Flag III. Roll CaU The above members were noted as present. Susan Harris, Finance Director, explained the board had previously discussed the impact of tax reform on the budget for the next fiscal year. She explained the TIF funds they received for this fiscal year totaled $9.5M. In the new budget year it would be $8.3M, a reduction of $1.2M. Staff would be looking to the board where to adjust or cut program allocations. Ms. Harris prefaced her comments by saying they reviewed what they expect TIF revenues to be in the next four years. The projections showed TIF funds without new construction at: ./ $B.3M for Fiscal Year OB/09 ./ $7.BM for Fiscal Year 09110 ./ $7.9M for Fiscal Year 10111 ./ $B.3M for Fiscal Year 11/12 ./ $B.7M for Fiscal Year 12113 The figures with new construction would be different. It was noted there was no new construction for fiscal years 08/09 and 09/10, and most construction would occur between 2010 and 2013. The revenue generated in 2010 and 2011 from new Meeting Minutes Community Redevelopment Board Boynton Beach, Florida August 7, 2008 ~ construction would be $3.2M, in 2011/12 it would be $3.3M and in 2012/2013 it would be $3.4M. The numbers were anticipated to change, but the current numbers represented their best estimate. The CRA assessed valuation figures were lower than the City's valuations. Part of the rationale for the budget deficit pertained to the impact of not having the southern properties in the CRA District amounting to $492K. Additionally, doubling the homestead exemption for some individuals reduced the revenue as did a correction on the assessed valuations for all residential and condominium units in Palm Beach County. The Property Appraiser did not reassess commercial or industrial properties, which impacted the revenues in addition to the market decline. The CRA only had two revenue sources which were the City, about 60% and the County which provided about 40%. The $8.3M TIF revenue had some allocations in terms of debt service and other items. There were contracts with the City for projects and services. There was an existing contract with Burkhardt for maintenance for hardscapes and landscapes on Boynton Beach Boulevard for $110K The CRA also pays the City about $40K for monthly maintenance and needed repairs. The CRA wanted to reduce that cost in the next year to $50K because they felt they could make the repairs on an as needed basis and for less than what they pay Burkhardt. The CRA Police Program had a $100K reduction. The City-wide events were allocated for $451 K, which was the total cost of the events and the personnel costs. It was explained in prior years, the costs were shared with the City; however, last year the City discontinued funding those events. The Federal lobbyist fee was a shared expense with the City. The CRA, in light. of the economic environment, felt the service was not needed. Additionally, they felt the State lobbyist service should also be discontinued. An Interlocal Agreement with the City for Human Resource services was used very little. The cost was approximately $6K and it was used only for recruitment which was included in the agreement. It was suggested the commensurate cost for the service be added to the Benefits I nte rloca I Agreement and the Human Resources Agreement discontinued. There was further discussion about the Boynton Beach Boulevard Extension maintenance contract. The net proceeds of Bond 1 were $18M. The CRA paid $9M for the construction of the extension and the Promenade plus the purchase of some property known as the Hall Property which needed to be made a whole parcel to allow the construction. The debt service on that was $637K per year. When the project was constructed, the title to the property was turned over to the City and the CRA only pays for the maintenance and repair. 2 Page 1 of 1 Bright, Lisa From: jreguez@aol.com Sent: Tu~day, July 13, 20102:53 PM To: B~ht, Lisa Cc: Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill Subject: Fwd: HR Services for CRA Attachments: HR proposal 7-13.doc; HR Services CRA 7-1-10.pdf Lisa, on 7-7 I requested that you add the following item to the agenda. I did not hear back from you. this was not placed on the agenda, and I did not hear back from you. I will place this on the agenda tonight. Please see attached update Best, Jose ---Original Message---- From: jreguez <jreguez@aol.com> To: Brightl <Brightl@aol.com> Cc: RossM <RossM@bbfl.us>; hayw <hayw@bbfl.us>; HolzmanS <HolzmanS@bbfl.us>; orloveb <orloveb@bbfl.us> Sent: Wed, Jul 7, 201010:30 am Subject: Fwd: HR Services for CRA Please include this item for discussion at next weeks eRA board meeting Best, Jose ----Original Message--- From: Rodriguez, Jose <RodriguezJ@bbfl.us> To: ireguez@aol.com Sent: Thu, Ju11, 2010 5:44 pm Subject: FW: HR Services for CRA Attached Message From: Bressner, Kurt <BressnerK@bbfl.us> To: Rodriguez, Jose <RodriguezJ@bbfl.us> Cc: Jim Cherof <JCherof@cityatty.com> Subject: FW: HR Services for CRA Date: Thu, 1 Jul2010 17:44:06 -0400 Jose, Welcome back. Per your request. Kurt Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) http://www.boynton-beach.org 07/13/2010 -. Boynton Beach City Manager's Office Memorandum To: Mayor Jose Rodriguez From: Kurt Bressner City Manager Date: July 1, 2010 Re: Human Resources Services for CRA As a follow-up to your request, I have researched the files on the past agreements with the CRA to perform Human Resource services by the City for the CRA. Resolution 06-059 - Agreement to Permit CRA to Utilize City Benefit Plans -- This agreement is still in force and was modified by Resolution 09-002 to include the costs of the City's external benefit consultant. Comment: It is probable that the City will be changing Health Insurance carriers for Fiscal 2010-2011. The agreement must be modified to reflect new costs and carrier change. No other issues are anticipated with this agreement. Resolution 07-12 Agreement with CRA and City for Human Resources Services - This agreement was approved by the City and the CRA in February 2007 and was rescinded by the CRA Board on December 9,2008. The scope of services under this contract included: a. Participation in City's Open Enrollment Program for Benefits (this appears to be duplication of services in Resolution 06-059 as amended by Resolution 09-002 b. Recruitment Services c. Records Manager - Personnel file management upon request of the CRA. Our files indicate this was never utilized. d. Other - Access to HR staff for Day to Day questions e. Projects such as exit interviews, reclassification analysis, human resource investigations f. Training - Access to all City based training programs for CRA staff. The cost of the services per this contract was $500/month for services a, b, c, and d above; $150/hr for services listed under e above and a student cost of $50/per employee per class for services listed under f above. You have requested whether the City is in a position to offer services to the CRA again. The answer is yes. If this is to be considered, I would recommend that the services currently being provided per Resolution 06-059 as amended by Resolution 09-002 be folded into a new master agreement. The service$ that the City can provide would be as follows: Participation and administration of health insurance program Payroll Services including deferred compensation (Direct Deposit) Sick and vacation leave management (part of payroll) Recruitment Services Records Manager - Personnel file management Position Control Other - Access to HR staff for Day to Day questions HR projects such as exit interviews, reclassification analysis, human resource investigations Training - Access to all City-based training programs for CRA staff We have not developed cost estimates for these services pending review of the concept by interested parties. I believe that the costs will be similar to the 2007 agreement with provisions for additional services for Payroll and Leave Management. 2 Mayor Rodriguez: ,..,(; Per your request, we've provided a more detailed breakdown of cost estimates for HR & Finance Services. Since you will be bringing this up at tonight's meeting would you like me to distribute a preview copy of this email and Kurt's original memo to the remainder of the Board? 1 ) CRA currentlY Dayina (via two agreements- R06-059 & R09-002) that would need to be folded into a new "master" aareement: Those agreements include charges based on 9 employees per month as follows: · $8.20 per employee monthly for a total of $73.80 a month ($885.60 annually) for benefit consultants Willis of FL (R09-002) · $10 per employee monthly for a total of $90 a month ($1,080.00 annually) to utilize existing City benefit plans and access to the Benefits Administrator for questions (R06-059). 2) Resolution 07-012 - Rescinded by CRA in 12/08: $500/month Dlus one time start UD fee for Dersonnel records DreDaration ($250): · Human Resources Administration including internal consulting and access to staff for personnel related questions bye-mail, phone, or scheduled appointment for day to day H.R. related questions; · Recruitment including posting vacancies on the City's web site, advertising, applicant tracking, clerical testing, screening, of applicants, participation in the interview process, assistance with scoring candidates, background checks, scheduling pre- employment physicals (cost charged by vendor for advertising, background check and physicals to be paid by CRA); · New Hire orientation including assistance with payroll related paperwork, acknowledgement of receipt of policies, Workers Compensation presentation, a benefits overview and assistance with the completion of enrollment paperwork etc.; · Benefits including participation in City's health plans, the annual open enrollment, wellness initiative programs, attendance at City's wellness fairs, Commit2bFit presentations etc. · Organizational development/training, access to City-based training programs for CRA staff (a $50 fee per class will be charged, which is also charged to the departments for City employees who attend the classes); · Document imaging, records management and responding to personnel related records requests, employment verifications; . Position control maintenance. This list is not all inclusive, but it includes a good basic overview of the Human Resources Services we can provide. We welcome the opportunity to do so. ~~ NOTE: The monthly fee of $500 charged previously is sufficient provided the $150 per hourly fee remains for special projects such as pay and class matters, responding to personnel related surveys and H.R. investigations. Further, we recommend a one time start up charge of $250 for the personnel file management for the time involved in the initial preparation of the personnel files, which includes redacting the files, the creation of Laser Fiche files, the assignment of passwords for security purposes and scanning. Although this service was offered under the previous contract, the CRA staff did not utilize it. 3) Payroll & Leave Time Manaaement - SetuD charae of $280 Dlus monthly fee of $140 - CRA currently NOT under contract for these services: Initial Setup-Create setup in H T E for CRA: (Setup pay codes, tables, accrual rates, direct deposit info, bank info, etc.) 8 hrs @ $35/hr $280 Monthly Costs-processing payroll for 9 employees: (IRS tax payments, quarterly 941 Report, Yearly W-2 processing) 4hrs @ $35/hr $140 NOTE: This assumes that the City will not need to have any programming done to the existing payroll system, if so there may be additional charge. This also assumes that all CRA employees are on direct deposit and will receive their direct deposit paystubs by "online paystub service", as the City is in transition phase to have employees receive their direct deposit form online versus paper copy. SUMMARY OF ANNUAL COSTS: · Continue with services outlined in #1: 1,965.60 · Reinstitute services in #2 (including personnel file management): $ . · a) Setup/Prep of Personnel Files (one time charge) 250.00 · b) Monthly charge $500/month x 12= 6,000.00 Add services outlined in #3 (payroll & leave management): · a) Setup of records (one time charge) 280.00 · b) Monthly charge $140 x 12 = 1.680.00 $ ~ $ $ i Estimated Total: $10,175.60 Staff recommends the CRA provide some contingency funding for specialized HR services as stated above in #2. All of the above services can be rolled into one new Master Agreement. Our HR Director, Sharyn Goebelt and I will attend the CRA meeting tonight to answer any questions you or the Board may have. Lori Lori LaVerriere Assistant City Manager City of Boynton Beach Phone: (561) 742-6010 Fax: (561) 742-6011 laverrierel(aJci. bovnton-beach.fl. us Harris, Susan From: Sent: To: Subject: Harris, Susan Tuesday, July 13, 2010 5:45 PM Harris, Susan FW: Fwd: HR Services for eRA From: Harris, Susan Sent: Tuesday, July 13, 2010 4:39 PM To: Bright, Lisa; Brooks, Vivian Subject: FW: Fwd: HR Services for eRA Here are my comments on attached: HR Agreement - . Minutes of 2008 - Budget Workshop and Dec. 2008 agenda show ILA not utilized. . ILA with City started 1/1/07; terminated 12/2008 . S. Harris met with City staff and utilized HR procedures for records management, recruitment and hiring. . In 2007 - 2 new hires . In 2009 - 2 new hires . CRA used City's vendors and process for recruitment advertising, background checks, new hire orientation, benefits participation . Special Projects extra charge of $150/hr.not utilized . Agreement rescinded due to: 1. Budget constraints 2. Unnecessary level of service due to size of CRA staff and utilization of City vendors and processes, and records management procedures 3. Non-responsiveness of City to employee filed complaints in 2007 (this would have enacted Special Services charge of $150/hour). Payroll and Leave Time Management . CRA separate legal entity with separate budget and finances - money is not co-mingled in any way. . Not necessary - CRA has approved processes and procedures in place for payroll and leave management . Audit reviews and clears annually . Auditors extensively review payroll and leave recording and process - no findings in any audits. . Payroll and leave takes 2 hours a month at $22.50 per hour, or $540/year versus City charge of $1,680 per year. . Re City's oversight of CRA leave time - The CRA Assistant Finance Director and CRA Administrative Services Manager both separately oversee on a daily basis CRA attendance (segregation of duties audit finding). Leave requests and timesheets are prepared daily both on the leave requests submitted and the visual observation of CRA staff on site. . The City is not in any better position to monitor leave time and ensure accurate reporting, and in fact will have no way of visually assuring that leave requests are accurate - a possible procedural deficiency. · CRA staff time will still be required to do payroll reports and leave reports to City - the CRA cost of this is ignored. . If City processes out payroll and leave our auditors will have to check on compliance on both ends - CRA reporting and City reporting and payroll tax compliance as well as compensated absences compliance. · The q-ttA financial reports will still have to reflect a liability for compensated absences and will have to still understand the steps necessary to ensure an accurate reporting. This is an additional compliance burden on staff. The cost of internal controls over City processing of payroll and leave is ignored. Susan Harris Finance Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Tel: 561-737-3256 Ext. 203/Fax: 561-737-3258 Email: HarrisSu@bbfl.us 2 Page 1 of 1 Brooks, Vivian From: Vlad Dumitrescu [Vlad@regarchitects.com] Sent: Tuesday, July 13, 20101:44 PM To: Brooks, Vivian Cc: Rick Gonzalez; AI Phillips Subject: Holiday House Attachments: A2 Rendering.pdt; A1 Site Plan.pdt; 09014 17 HH budget.doc Dear Vivian, Attached please tind the revised Site Plan and Proposed Rendering drawings produced tor Holiday House. We evaluated the Construction Cost Budget ot the renovation (Site and Building) to vary between $375,000.00 (Low) and $475,000.00 (High) with a relatively large portion of the budget being affected by structural upgrades and modifications needed to bring the building up to code and facilitate the new office use of the building. The numbers do not include General Conditions, OH/P, Contingency, Civil, Permits including P&Z, and A&E Soft Costs. Thanks Vlad Dumitrescu, AlA, LEED AP Sr. Project Designer 'il ac!@r~g?cr9/]jj~Qt~. com REG Architects, Inc. 307 Evernia Street - 4th Floor West Palm Beach, FL 33401 Ph 561/659-2383 Ext.27 Fax 561/659-5546 7/13/2010 REG ARCHITECTS" INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING July 12, 2010 Ms . Vivian Brooks CRA Planning Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Re: Preliminary Budget 710 N Federal Hwy Holiday House Renovation Work Order #09014.17 Dear Ms. Brooks: REG Architects, Inc. is pleased to find attach below our preliminary budget for the renovation of the building and site of the one-story structure Holiday House located at 710 N Federal Hwy, Boynton Beach. The budget represents the overall site and fa9ade improvements illustrated in the set of drawings attached to this document. The 3500 sq. ft. will be renovated to provide office and gallery space requiring architectural, structural and MEP renovation and upgrade, including new roofing, new impact resistant doors and windows, new shared restrooms and kitchen and new mechanical, plumbing and electrical systems. In addition, the 1978 building will require significant structural improvements to be brought up to the current code. The proposed site improvement proposes reducing the parking area and creating new landscaped and hardscaped areas surrounding the building as well as additional landscape and screen hedges around the property perimeter. Preliminarv Budeet Construction Cost Site Improvement Building Improvement (Structural) Building Improvement (Arch/MEP) Total Construction Low $ 75,000.00 $ 55,000.00 $ 245,000.00 $375,000.00 High $ 100,000.00 $ 80,000.00 $ 295,000.00 $475,000.00 Budget does not include: General Conditions Contractor Markup Contingency Soft Cost! A&E Services Permits Cost W . re EST. 1988 Boynton Beach eRA #09014.17 July 12, 2010 Not included: . Interior FF &E and finishes · Environmental and soil reports . Survey . P&z . Traffic Study . Civil · Parking lighting · Low voltage Systems Sincerely, REG Architects, Inc. Vlad Dumitrescu, AlA Senior Designer cc: REG ARCHITECTS, INC. 307 EVERNIA ST., STE. 400 WEST PALM BEACH, FL 33401 PHONE: (561) 659-2383 . FAX: (561) 659.5546 WWW.REGARCH.COM AA-0002447 C!l"~~O ~~~ ~ Iol~~ ~ W~~~O ;&ol~ Q., a:~"'''''l~ fI:~>.l t> ~...l:l, ':l:; 8~~~gg~ ~ e~ ~ 'l! - I'i ~2 fflj! - ::I~!;~ ~ ~~ E:' ~~ ~~ uL<l ....~ ;::: ~~ ;2 U '" U ~ z i2 z :- o '" ~<J<J<J<J ~ ~ " :1 ;r ffi ~ ~ :; =:> 1 i~ t S ~ H i:~ 8 0'" "'z "'"' ~'" 00 Il:~ C"l ~ o I < r- ....... ~ oc ill Cl Z ill Ii': Cl ill dl o IL o Ii': . 1L!i Cl""~. 8_1i g~ ~ ~ ~ ~I g<J<J<J<J "'ll:ll:'" .;j ~ ..J .....-< " . '" W"~'~ ~ - ;~; ~ :> ~ Z c:; 1 ij ~ 11 :'.i ""ll::':; c ~ ~~~ 0 ~~~ lI" l:' 0 . 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RECOMMENDATIONS: Discussion, revision and implementation on board direction. r'" T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07 -13-10 Meeting\Public Records Policy & Procedures.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, FEBRUARY ~O, 2009, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director Jim Cherof, Board Counsel I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:29 p.m. II. Pledge to the Flag and Invocation Mr. Hay offered the invocation, followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Mr. Weiland moved to approve the agenda. Ms. Ross seconded the motion that passed unanimously. V. Announcements & Awards: A. Oceanfront Concert Series - Cricklewood - February 20, 2009 from 6:00 p.m. to 9:00 p.m. Kathy Biscuiti, Special Events Director, announced the second Oceanfront Concert would be held at Oceanfront Park, and would feature the Cricklewood Band. Parking 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 ,.... was available onsite, and continuous trolley service was accessible at Bank of America beginning 5:30 p.m. to 9:30 p.m. Food and beverages would be available. She encouraged everyone to attend. Chair Taylor noted everyone could dance to the music of the band. She thanked the Board members for their donations in support of the concert series. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting January 13, 2009 B. Approval of Minutes - CRA Board Special Meeting January 20, 2009 C. Approval of Minutes - CRA Board Special Meeting January 26, 2009 D. ARProval of Period-Ended January 31,2008 Financial Report E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland pulled this item F. Approval to Rescind Work Order #07013.1 with Hedrick Brothers Construction, Inc. for Value Engineering Services at 211 E. Ocean Avenue r G. Approval of a Commercial Fa98de Grant in the amount of $15,000 to Woolbright Development, Inc for the property located at 1625 South Federal Highway Motion Mr. Hay moved to approve the agenda less the items pulled. Ms. Ross seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: (Heard out of Order) E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland requested a brief summary of the item. Ashley Buckley, Administrative Services Manager, explained the Administrative Policy Manual was created in 2003 and was updated, as it contained antiquated logos, Board member names, and account information. It was an internal policy for staff to use. It provided direction to staff, in the event of absences, another staff member could perform their tasks. r 2 --- --.---- - --.. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 The following sections were discussed; The Interoffice Complaint form, part of Human Resources Manual was removed. It was clarified the Human Resources manual was a part of the Administrative Policy Manual. The update separated the policy manuals, which were still in place, and made the document more user friendly. The Grants Management Section, under Economic Development was removed. When the policy was created, an Economic Development position was contained in the organizational chart. There were four employees working at the time, with additional positions anticipated. Since then, staff compiled job descriptions and tasks, put them in one section, and made the Administrative Policy Manual handle only administrative functions. The document was similar to an operating manual. It was noted job descriptions were different from an operating manual. Ms. Buckley suggested the old manual be reviewed, as the procedures were not taken away; they were relocated to a more appropriat~ section. The Quasi-judicial Proceedings were removed at the recommendation of legal counsel; however, there was discussion those were the types of issues that would impact the Board, and the Board members needed to be aware of them. Vice Chair Rodriguez requested a very brief listing of the most important items changed the changes made. He also requested a list of the top five items that had the greatest impact on staff and the Board. Ms. Buckley agreed to forward them. Jim Cheraf, Board Attorney, explained the preparation of the Administrative Policy Manual was a tedious task. He worked with Ms. Buckley on it and praised what she accomplished. He noted the document contained a summary of changes, which he reviewed. The Booking of Appointments section was removed. Attorney Cherof suggested the CRA staff maintain a master calendar so Board members are able to research how staff action developed, who was involved in the process, and whom they met with. Many public organizations maintain a master calendar. The Document Identification Section was removed. Attorney Cherof suggested the footer in the Administrative Policy Manual reflect where the document is located electronically. From a public records review, he recommended footers be used on all documents, so if a request was made, the document could be tracked. The Policy and Procedure Agenda was reviewed. The section sets the procedures for how the agenda is developed. It specifies the Executive Director would meet with each Board member to discuss any agenda questions prior to the meeting. Attorney Cherof suggested, "The Executive Director shall meet with each Board member who desires to meet, to discuss any agenda questions." The language removed the implication the Board members have a mandatory duty to meet with the Executive Director. It was 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 r suggested language meeting with the..Assistant Director or other staff in the event the Executive Director was out sick be used. Attorney Cheraf agreed that would be fine. Mr. Hay commented it appeared the Board was changing a policy to match a personality and the members may not be on the Board in the future. Attorney Cherot explained not all current Board members have the same approach to preparing themselves for meetings. The Executive Director will. be available 'to meet with each Board member, but it should not be mandated that it occur because later the policy could return, indicating the Board approved the policy but refused to meet with the Executive Director. . Changing the language to read, "The Executive Director will, mav meet. . . ." was suggested. The Public Inquiries and Citizens Complaints section was reviewed. Paragraph three reads "Reoccurring complaints, and those deemed significant by the Executive Director, will be relayed to the Board of Directors." Attorney Cherof pointed out the term "deemed significant" was subjective. There is a policy requirement to maintain a complaint log, and it was suggested staff make the log available to the Board each month. r Ms. Bright requested a definition of what could be construed as a complaint. It was noted the Community Redevelopment Agency does not receive complaints often and if they do, it is of the nature of the color of Las Ventanas, or a resident was not waiting at the right location for the trolley stop. Those calls do not make it into the complaint log. Vice Chair Rodriguez responded anything that was within the Community Redevelopment Agency's control or when a resident indicates they do not agree with something~ should be logged. Attorney Cherof clarified that although staff may have to respond to the complaint, the citizens hold the Board responsible and accountable. He suggested instead of the Executive Director having to select what is a complaint; just turn the sheet over to the Board once a month. After discussion, all complaints would be logged and turned over to the Board. Motion Mr. Weiland moved to approve Item E of the Consent Agenda, with the Attorney's recommendations. Mr. Hay seconded the motion that passed unanimously. Ms. Buckley would forward the information within a week. VIII. Information Only A. CRA Policing Activity Report for the Month of January, 2009 and District Statistics for the Months of December, 2008 and January, 2009 B. Boynton Beach CRA and Trolley Website Updates r 4 ~~~qY~T2~ eRA . East Side-West Side-Seaside Renaissance CRA BOARD MEETING OF: February 10,2009 - TABLED January 13,2009 I I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Approval of Updated Administrative Policy Manual SUMMARY: The following includes an update of the Boynton Beach CRA's Administrative Policy Manual, which has been in place since 2003. Changes were made to make the manual as concise and relevant as possible to matters of an administrative nature. Please see the attached "Summary of Changes" sheet for a detailed description of all revisions made to this policy manual. A copy of the original Administrative Policy Manual is available for review at the CRA office. The Administrative Policy Manual was presented to the Board on January 13,2009 and was tabled in order for the CRA Attorney to make recommended changes. These changes have been implemented and since reviewed/approved by the CRA Attorney. Please note that in reviewing this document, the Board may notice that certain attachments are not included. These attachments have been removed from the Board packet in order to protect proprietary information, such as passwords, account numbers or any other information that may infringe upon the safety of CRA accounts. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve updated Administrative Policy Manual. Ashley Buckley Administrative Services Manager T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetingIFY 2008 - 2009 Board Meetings\2-10-09 MeetinglAdministrative Policy Manual.doc Administrative Policy Manual Summary of Changes r.... /"..... Administration Section: . Removed Organization of Manual- repetitive information included in Table of Contents . Removed staff descriptions and organizational chart as this information is now provided in the Human Resources Manual . Removed the Booking of Appoin11nents section - this procedure was established by the old Executive Director. Due to staff size, current Executive Director books own appoin11nents . Removed Newspaper Article Procedures as this falls under the job description of the Marketing Director and is not an office policy . Electronic Communication section was updated by CRA Attorney . Added a section on e-mail account set-up . Revised Publication, Legal Notices & Legal Advertising to state that any newspaper of general circulation can be used for posting notices - per CRA attorney . Removed Document Identification section - we do not require all documents to have a filename and path . Updated Agenda Section to include current agenda fonnat, cover sheet format and distribution list. Also included posting of agenda to our website 24 hours prior to meeting. . Removed Memo Format section - a memo template is provided to staff for convenience but does not have to be used. Memo fonnats vary according to nature of memo . Removed Interoffice Complaint Form - part of Human Resources Manual . Removed Grants Management Section - falls under the purview of the Economic Development position Public Records: . Revised the Public Records Request Procedure to include updated information provided to us by the clerks office, also included updated Record Request fonn (this section was moved from Administrative to Public Records) . Updated procedure to follow protocol for Public Records management CRA Board: . Updated procedure for obtaining information from CRA Board . Removed procedure for CRA Board Rotation and Appoin11nent - per CRA attorney . Removed procedures for quasi judicial proceedings - per CRA attorney r Page 1 of 3 BOYNTON BEACH COMMUNITY REDEVELOPMENY AGENCY, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: Public Records PAGES: 1 of2 SUBJECT: Request of Public Records POLICY AND SCOPE: The policy of the Community Redevelopment Agency (CRA) is to fulfi1l all requests for public information through a proper request format, which includes the submission by the media or party of the specified information below. PROCEDURE: The procedure for attaining publications and/or documents through the CRA is as follows: The requesting party may obtain the documents and/or publications and view them at the Community Redevelopment Agency (CRA) office or have them e-mailed or faxed without charge. Paper copies shall be furnished upon payment of .15 cents per page for one-sided copies and .20 cents per page for two-sided copies. Certification of documents shall be charged at $1.00 per document. 1. The CRA will supply a "Request for Public Record Information" form (A TIACHMENT "C") to the requesting party. Please note that it is not a requirement that this form be completed in order to provide the requester with the information. If the requester does not wish to complete and or sign the form, please fill out as much information as possible and keep it with a copy of the information provided. The form will include the following information: a. Name of Party b. Address of Party c. Phone # of Party d. Fax # of Party e. Email of Party f. Information Requested g. Signature of Requesting Party h. Date of Request 1. Employee Completing Request J. Date Completed 2. The publications and/or documents requested will be prepared by CRA staff, screened for exempt materials and held in at the front desk for pickup. 3. A copy of the Requested Information and the Request for Public Record Information will be retained in the CRA office. - 1 - T:\ADMINISTRATIVE\Administntive Policy Manual2008\2_Public Records Retention\2_Request for Public Records.doc 4. All monies collected during a request for Public Record Information should be placed in an envelope and given to the finance department, along with a copy of the request for Public Record Information form. T:\ADMlNISTRATIVE\Adminlstrative Policy Manual2008\2_Public R~cords Rctention\2_Requcst for PublK Records,doc - 2 - ~~~<tY~Te~ eRA . East Side-West Side-Seaside Renaolssance eRA BOARD MEETING OF: July 13,2010 I I Consent Agenda I I Old Business I I New Business I I Legal I X I Executive Director's Report SUBJECT: Outcome ofRFP for Land on MLK Blvd. SUMMARY: On June 14,2010, the CRA issued an RFP for development proposals on land owned by the CRA (see attached map for location of site). Proposals were due on July 8, 2010. No proposals or inquiries were received by the CRA. The lack of responsiveness to the RFP can be directly attributed to the lack of liquidity in the capital markets. Currently, banks are only lending 50% on projects with a requirement of20% cash reserve held by the bank. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Staff recommends that the CRA continue to land bank this site and make opportunity purchases adjacent to the site until such time that the capital markets loosen up. r ~~ Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07-13-10 Meeting\MLK RFP.doc 0. cu :: :E COo. ... .- ;".c z~ wG) :lEe :r:~ 00 <(~ I-G) 1-0. <(0 '- D. ') ) "C "C (1) (1) c c ~ ~ 0 0 ~ ~ ]i l! ~ :c 'i: = a. a. 01 J J!~~ctY~T8~ eRA Ii East Side-West Side-Seaside Renaolssance eRA BOARD MEETING OF: July 13, 2010 I I Consent Agenda I I Old Business I I New Business I I Legal I X Other SUBJECT: Report of Investigation Pursuant to the Boynton Beach Community Redevelopment Agency (CRA) Board motion to Investigate whether Two CRA Staff Members Violated CRA Policies and State Statute Regarding Prohibited Political Activities which coincided with the Clydesdale Event on January 22, 2010 SUMMARY: . At the June 8, 2010 CRA Board meeting, Attorney Cherof was requested to provide direction on how to proceed with the Clydesdale event and whether two members of the Community Redevelopment Agency staff violated policy on that issue. . On June 30, 2010 CRA Counsel contracted with Attorney Quinn Johnson to handle the investigation. . On July 8, 2010 Attorney Quinn Johnson provided the CRA Board with a final investigative report. . On July 9,2010 CRA Executive Director spoke to Susan Bucher, Supervisor of Elections to organize a 1-day training on Florida Statutes Chapter 104, Election Code: Violations and Penalties to be completed within the next 45 days but no longer than 60 days for completion based on scheduling. FISCAL IMPACT: Legal Bills for the Investigation Conducted by Attorney Quinn Johnson not yet finalized - Budget Line 01-51420-201. CRA PLAN, PROGRAM OR PROJECT: None. RECOMMENDATIONS: Approve Attorney Quinn Johnson's recommendation that the Boynton Beach CRA Board of Directors approve the investigation and recommendations and dos the case. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 - 2010 Board Meetings\07 -13-10 Meeting\Clydesdale Investigation .doc Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 8, 2010 Chair Rodriguez's campaign consultant was not present. He felt this was a serious matter, not only in this campaign but for future campaigns and staff needed to be scrutinized as their behavior was inappropriate. State Statute spoke to it and he thought an investigation should be launched. Chair Rodriguez sought legal counsel in the matter. Attorney Cherof explained any member of the Board with a complaint has the authority to pursue it with the State Commission on Ethics or the State Attorney. This could be done individually or done collectively. The Board could hire someone to conduct an investigation to advise the Board what recourse was available. When asked if, in lieu of going through those agencies, or through his directive whether he would handle the investigation and report the findings to the Board, Attorney Cherof responded he would not be comfortable conducting an investigation of the Executive Director. He works for the Board, but with the Executive Director. He suggested in these circumstances, the Board could retain an individual who could report directly to the Board. His role was limited, which was to ensure proper procedure was followed, and to ensure due process was afforded the Executive Director in the process of that i nvesti gati on. Chair Rodriguez requested a member move for the CRA Board Attorney to initiate an investigation of possible violations of the CRA policies and State Statute regarding political activities. Mr. Grlove was very clear he was interested in clearing up the matter of whether two staff members violated the policy during their lunch hour or not on that issue. He requested the City Attorney give direction on how to proceed with the Clydesdale event and whether two members of the Community Redevelopment Agency staff violated policy on that issue. Motion Mr. Grlove so moved. Mr. Holzman seconded. The motion passed 3-2 (Vice Chair Ross and Mr. Hay dissenting.) Chair Rodriguez requested a motion to call for an investigation relating to the policy and procedures of the Community Redevelopment Agency Board and the State Statute regarding the meeting that took place with the Executive Director, the former Mayor/Chair and his campaign consultant during his campaign in an attempt to undermine him. Vice Chair Ross explained the information was based on hearsay and she cautioned all the members to be reasonable. Mr. Holzman inquired if having an opinion on a race was a violation of a staff member's position and whether an opinion on a potential candidate was a violation of one's duty. 15 Boynton Beach Community Redevelopment Agency Board Report of Investigation Pursuant to the Boynton Beach Community Redevelopment Agency(CRA) Board Motion to Investigate Whether Two eRA Staff Members Violated CRA Policies and State Statute Regarding Prohibited Political Activities Which Coincided With The Clydesdale Event on January 22, 2010. I. Introduction On June 8, 2010, the CRA Board of Directors voted to initiate an investigation of possible violations of CRA policies and state statutes concerning prohibited political activities while on duty. During the discussion, CRA Board Members revealed that they received information and/or complaints of political activity by two CRA staff members, Kathy Biscuitl and April Majoy. This investigation occurred between June 30, 2010 and July 7, 2010. The investigation considered the indications and plausibility of the allegations that a violation of a state statute or local policy has been committed. Because the goal of the investigation was to determine the truth or falsity of the matters alleged, the procedures used in this investigative process focused on obtaining relevant facts so as to address all aspects of the allegation of political activity by CRA staff members on January 22, 2010. The entire CRA staff cooperated in the investigation. In addition to CRA Board Members Mayor Rodriquez, Commissioner Holzman, and Commissio'ner William Orlove, several citizens were also interviewed in person and by telephone. A summary of witness statements Is Included in this report al:? a brief statement of what each witness observed or how each witness became aware of the information which led to the allegation of eRA staff members supporting political activity. II. Background A. CRA Handbook Section 5-4 Political Activity: No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing 50 through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result therof. '""'- Page lof7 No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. B. Florida Statute 104.31 Political activities of state, county, and municipal officers and employees. - (1) .. , (2) An employee of the state or any political subdivision may not participate in any political campaign for an elective office while on duty. (3) Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. . (4) Nothing contained in this section or in any county or municipal charter shall be deemed to prohibit any public employee from expressing his or her opinions on any candidate or issue or from participating in any political campaign during the employee's off-duty hours, so long as such activities are not in conflict with the provisions of subsection (1) or s. 110.233 III. Facts A. The Boynton Beach eRA is a public entity created pursuant to Chapter 163, Florida Statutes. The CRA has a five-member board of directors, who are also the Boynton Beach City. Mayor and Commissioners. The CRA Board of Directors employs an administrative staff consisting of an Executive Director, Assistant Director, Marketing and Communications Director, Finance Director, Assistant Finance Director, Development Director, Special Events Director, Administrative Services Manager, and a Special Events and Marketing Assistant. B. On January 22, 2010, the Banana Boat Restaurant and Brown Distributing Company sponsored a Budweiser Clydesdales visit to Boynton Beach. The public was invited to stop by to view and take photos with the Clydesdales. The event was scheduled from 3 pm to 7 pm with a procession on Ocean Avenue from the Schoolhouse Museum to the Banana Boat Restaurant. Two CRA staff members, Kathy Biscuiti, the Special Events Director and April Majoy, the Special Events Assistant were involved in the Clydesdale event as the Boynton Beach CRA does special events for the City of Boynton Beach. C. On June 8, 2010, the Boynton Beach CRA Board held a board meeting. During the meeting, the board held a discussion regarding the public complaints that Mayor PageZof7 Rodriquez, Commissioner Orlove and Commissioner Holzman received about the CRA staff members supporting political ~ctivity. Specifically, there were accusations that CRA staff members were involved in prohibited political activity for a political event for candidate Roil Weiland on the same day as the Clydesdale event. IV. Investigation Summary A total of fifteen witnesses were interviewed to include all nine members of the CRA staff, three CRA board members, a city employee and three citizens. The investigation revealed that on January 22, 2010, the CRA was involved in a special event for the City of Boynton Beach. The' special city event was known as the Clydesdales event which involved the Budweiser Clydesdales visiting the city with a procession down Ocean Avenue. More specifically, the CRA Events Director, Kathy Biscuiti and the Special Events Assistant, April Majoy were both working the Clydesdale event. Kathy Biscuiti and April Majoy were in the Clydesdale event area which stretched eastward from the Schoolhouse Museum down Ocean Avenue to the Banana Boat Restaurant. Along the Clydesdale procession route was the Hurricane Alley Restaurant near the intersection of Ocean Avenue and Federal Highway. Directly across the street from Hurricane Alley on the south side of Ocean Avenue is a vacant building located at 500 Ocean Avenue, which has an empty parking lot. During the lunch hour, several CRA staff members had lunch at Hurricane Alley. Also present at Hurricane Alley for lunch with different parties were Commissioner Holzman and Debbie Coles-Dobay. Also present at Hurricane Alley for lunch was Ron Weiland. As the different parties were having lunch at Hurricane Alley, which has outdoor cafe seating, thete was ample opportunity for those at Hurricane Alley to witness the activity going on across the street at the building at 500 Ocean Avenue. Separately, both Com'Ilissioner Holzman and Debby Coles-Dobay observed CRA staff members, Kathy Biscuiti and April Majoy at the 500 Ocean Avenue location. April Majoy confirmed that they were asked to unlock the door at that location and were having issues with the air conditioning. Further, Debby Coles-Dobay stated that she spoke to Kathy Biscuiti and April Majoy at the building on 500 Ocean Avenue as they were either working on the air conditioning and/or a refrigerator. Further; Debby Coles- Dobay witnessed CRA staff members Lisa Bright, Vivian Brooks and Margee Walsh at the Weiland event on Ocean Avenue later that evening after the Clydesdale event. Other eyewitnesses, Herbert Suss and John McGovern, stated that they witnessed Kathy Biscuiti and April Majoy setting up the tent in the parking lot and working in the tent area both at different and conflicting times. Moreover, John McGovern observed specifically Kathy Biscuiti and two or three others doing set up work for the Weiland campaign event. Likewise, Herbert Suss stated that he saw Kathy Biscuiti straightening a Weiland campaign sign during the day, which was sometime after the lunch hour. Further, Mayor Rodriquez received a call during the lunch hour that CRA staff members were putting up campaign signs and a big tent and he observed CRA staff members Page 3 of7 during the day assisting the Weiland campaign event. In addition, Barbara Reedy, either just before 5pm and also after 5pm, observed CRA staff members at the Weiland event. Also, she was made aware that Vivian Brooks had keys to the building at 500 Ocean Avenue. When specifically asked, all witnesses could not specifically articulate how Kathy Biscuiti and April Majoy participated in the political campaign event other than a generalization that the two were present during the tent set up for the campaign event or involved in a ''flurry of activity" surrounding the tent set up. Further, there was no clear evidence that Kathy Biscuiti or April Majoy attended the Weiland campaign event later in the day after the Clydesdale event. There was no testimony or evidence to indicate there was some specific intent or clear intention by Kathy Biscuiti or April Majoy for being involved in political campaign activity while on duty. V. Findings The investigation revealed that both Kathy Biscuiti and April Majoy were present at the 500 Ocean Avenue building and tent area in the parking lot of the same during the lunch hour on January 22, 2010. However, based upon the statements' and conflicts revealed during the investigation, I find that there is no competent substantial evidence to support an intentional or willful violation of Florida Statute 104.31 by Kathy Biscuiti or April Majoy. I further find that there was no evidence that Kathy Biscuiti or April Majoy used any official authority, Influence or appearance as a CRA Special Events Director or Special Events Assistant for political activity in violation of CRA Policies. However, I do find that the CRA staff members' presence at the Weiland campaign event set up on the date of the Clydesdale event and th.eir involvement in unlocking the building and other activity of opening the building at 500 Ocean Avenue for whatever reason showed very poor judgment because of the perception it relayed to the public at l~rge. VI. Conclusions and Recommendations The investigation further revealed that there are legitimate public concerns of CRA staff members actively participating in prohibited political activity through some type of assistance to candidates of choice. I recommend that all CRA staff members receive some type of refresher training on Florida Statutes Chapter 104, Election Code: Violations and Penalties. I recommend that the Boynton Beach CRA Board of Directors approve the investigation and recommendations and close the case. Page 4 of 7 VII. Summary of Witness Statements Four eRA staff members: Susan Harris, Mark Simon, Theresa Utterback, and Ghishlane Villanueva did not attend the Clydesdale event, or any other downtown events such as the campaign event held by Ron Weiland. Steve Holzman. On January 22, 2010, between 11 :30 and 1 :30 pm, he ate lunch at the Hurricane Alley Restaurant located near the intersection of Ocean Avenue and Federal Highway. Hurricane Alley has outdoor seating and is directly across the street from the building located at 500 E. Ocean Avenue. He came into contact with Ron Weiland who came to Hurricane Alley and was preparing to set up a tent in the parking lot at 500 E. Ocean Avenue. Mr. Holzman saw CRA staff member April Majoy in the area of the tent set up in the parking lot along with other individuals he believed to be CRA staff members. He received a telephofle call from Barbara Reddy who received a telephone call from Debbie Coles-Dobay regarding the CRA staff members being present at 500 E. Ocean Avenue during the Weiland campaign set up in the parking lot. He also saw CRA staff members eating lunch at Hurricane Alley during the lunch hour. William Orlove. He was not present at Hurricane Alley nor was he present for the Weiland campaign event held on January 22, 2010. He received information from the public right after the Clydesdale event. More specifically, he received information from Herbert Suss and John McGovern. The information was that CRA staff members were . assisting and/or setting up the tent for the campaign event and/or attending the campaign event which continued after the Clydesdale event. Jose Rodriguez. Received a call during the lunch hour that CRA staff members were putting up a tent and signs at the 500 E. Ocean Avenue location. Also, CRA staff members were present at the Weiland campaign fund raising event held later that day around 4:30 pm and 5:00pm at that same location. More specifically received information from John McGovern as to same. Herbert Suss. Attended the Clydesdale event He did not witness the Clydesdales procession but saw the horses at the Banana Boat Restaurant. While walking back from the Banana Boat he saw the Weiland tent in the parking lot of the building directly across from Hurricane Alley. He declined Weiland's invitation to attend the event. He saw Kathy Biscuiti helping to put up a tent at the 500 E. Ocean Avenue location along with second girl with blond hair later identified as April Majoy busy in the tent. He also witnessed both Kathy Biscuiti and April Majoy there outside the tent around 3pm and 4:30 pm. More specifically, he saw Kathy Biscuiti straightening or handling a Weiland campaign sign between 3pm and 4pm. Stated that Mayor Rodriquez and Barbara Reddy saw Kathy Biscuiti and April Majoy. Barbara Reedy. She was not in the area of 500 Ocean Avenue around 1 pm. She saw eRA staff members before 5pm and also after 5pm at the political event at 500 E. Page 5of7 Ocean Avenue. She witnessed CRA staff members standing around at the political event eating shrimp. She saw CRA staff members wearing red shirts. Also, CRA staff member Vivian Brooks told her that she, Vivian Brooks, had the key to the building at 500 Ocean Avenue. Debbie Coles-Dobay. She went to Hurricane Alley during the lunch hour of 12:30pm and 1 :30pm on the day of the Clydesdales event. She saw that the Weiland tent was already up before lunch. She saw Weiland present along with another man and CRA staff. More specifically, she saw Kathy Biscuiti and April Majoy inside the building at 500 Ocean Avenue. These two CRA staff members were trying to get the air conditioning turned on in the building and/or trying to get a refrigerator to work inside the building. Later that evening between 5:30pm and 6pm, she saw CRA staff members Lisa Bright, Vivian Brooks, and Margee Walsh at the Weiland event. She did not see Kathy Biscuiti or April Majoy that evening at the Weiland event. ' Lisa Bright. The Clydesdale event was an event for the city with a timeframe of 3pm to 7pm and the Clydesdale procession starting around 5pm. She had lunch at Hurricane Alley and Kathy Biscuiti also had lunch with her at Hurricane Alley. Weiland was also present at Hurricane e Alley and invited her and others to his event. Weiland's event was to occur after 5pm and involved a cocktail party on the street near Ocean Avenue and Federal Highway. The Monday following the Clydesdales event, Herbert Suss called her about CRA staff members being present for the Weiland campaign event. Herbert Suss subsequently requested an investigation into the matter. Vivian Brooks. She stated was not present during any political event. No one from the CRA staff was involved in any political event. Margee Walsh. As the Marketing Director she was involved with promotion, such as posting the Clydesdale event on the web and social media tools. She was not a witness to any political activity by CRA staff. She did observe Weiland setting up a table and tent during the lunch hour before the Clydesdale event. She also took pictures of the Clydesdale event. Kathy Biscuiti. Involved in the Clydesdale event as the Special Events Director with the assistance of April Majoy. Around 12pm, the Schoolhouse Museum was the staging area for the Clydesdale procession. People gathered at the Schoolhouse Museum. The CRA set up a table with chairs outside the Schoolhouse Museum. The procession started around 4:30pm and traveled east to the Banana Boat. There was no coordination between the Clydesdales event and the private party for the candidate (Weiland campaign). She did not participate in any campaign event or political activity. April Majoy. She started working the Clydesdale event around 12pm. A CRA table was set up at the Schoolhouse Museum. CRA started taking photos of the Clydesdale event. They were asked to unlock the door to the building at 500 Ocean Avenue. It was a vacant building and remembers either checking or turning on the air conditioning Page 6 of 7 I in the building. Around 5pm, the Clydesdales procession passed by and she went back to her office. VIII. Appendices 1. Boynton Beach CRA Handbook Page 31. 2. The 2009 Florida Statutes Chapter 104.31 and Chapter 110.233 3. Kathy Biscuiti Email dated December 17, 2009, 4 pages. 4. April Majoy Email dated January 21 , 2010, 1 page. 5. Budweiser Clydesdale Flyer: Media Advisory, 1 page. 6. Clydesdale Procession photograph. 7. Bill Orlove Email dated June 3,2010,1 page. 8. Bill Orlove Email dated June 5,2010,1 page. By Henry Quinn Johnson, Esquire Page 7 of7 Statutes & Constitution :View Statutes: Online Sunshine Page 1 of2 Select Year: i 2.~~~ II ~ The 2009: Florida Statutes ~ ." . . Chapter 104 . View Entire Chapter ELECTORS AND ELECTIONS ELECTION tODe~ vtOLATIONSrPENALnEs 1"~S.1' .,.....~..f:....i;,_~~,.:"'....'~,~i~..;.. . (1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall: (a) Use his or her official authority or Influence for the purpose of interfering with an election or a nomination of office or coercing or Influendng another person's vote or affecting the result thereof. -(b"r Directly or Indirectly coerce or attempt to coerce, command, or advise any other officer or employee to pay, lend, or contribute any part of his or her salary, or any money, or anything else of value to any party, committee, organization, agency, or person for political purposes. Nothing In this paragraph or in any county or municipal charter or ordinance shall prohibit an employee from suggesting to another employee in a noncoerdve manner that he or she may voluntarily contribute to a fund which . Is administered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes. ~ Directly or indirectly coerce or attempt to coerce, command, and advise any such officer or employee as to where he or she might purchase commodities or to Interfere In any other way with the personal right of said officer or employee. The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaign~ng for any elective office In this state. AU such persons shall retain the right to vote.as they may choose and to express their opinions on all pol1tical subjects and candidates. The provisions of parag'rapll (a) shall not be construed so as to limit the political actiVity In a general, special, primary, bond, referendum, 'or other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof; and the provisions of paragraph (a) shall not be construed so as to Umit the political activity in general or special elections of the officials appointed as the heads or directors of state administrative agencies, boards, commissions, or committees or of the members of state boards, commissions, or committees, whether they be salaried, nonsalaried, or reimbursed for expense. In the event of a dual capacity of any member of a state board, commission, or committee, any restrictive provisions applicable to either capacity shall ~ apply. The provisions of paragraph (a) shall not be construed so as to limit the political activity In a general, special, primary, bond, referendum, or other election of any kind or nature of the Governor, the elected members of the Governor's Cabinet, or the members of the Legislature. The provisions of paragraphs (b) and (c) shall apply to all officers and employees of the state or of any county or httn.!InmTm If':O l;!t::.tP. fllll;!/~t::.tl1tf':l;!/in,;p.v ~fTn?mnilp.=Vif':w%?ORtlltlltP.~&Rl1hMenu=l &Ann ... 0/4/2010 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of2 mun1dpality thereof, whether elected, appointed, or otherwise employed, or whether the activity shall be in connection with a primary, general, special, bond, referendum, or other election of any kind or nature. ~ (2) An employee of the state or any political subdivision may not partldpate in any political campaign for an etective office while on duty. (3) Any person violating the provisions of this secti.on is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (~ ;t:C9~ln~ c~tatned In .~i~ ~~<lft?f.I~..,,,,y:(~~tyor rnUn~lcharter shall be ~tGprohtbit .~.,ub1tc; enip~ f~~ ~"t~.:~ ~ppirilo~s on,any candfdBte orlssueorf~ parttdpatfng Irrany politfCl.1 campatgn dUiint tile ent~~'s:Off;.duty hOurs, sO tOilg as suctudtvities Brenotln cenfltct with tile provisions of sUbsedi(in (1) or s. 110.233. History..,s. 8, ch. 26870, 1951; s. 7. ch. 29615, 1955; s. 5, ch. 29936, 1955; s. 1, ch. 59-208; s. 18, ch. 65-379; s. 53, ch. 71-t36; 55.1,2, ch. 74.13; s. 1, ch. 75-261; s. 30, ch; 79-190; s. 1, ch. 80-207; s. 628, th. 95.147; s. 1, ch. 2006-275. Copyright \0 1995-2010 The Florida Legislature. Privacy Statement. Contact Us http://www.le~.state.fl.us/Statutes/index.cfin?mode=View%20Statutes&SubMenu=] &App ... 6/4/2010 5.3 ADDRESS AND TELEPHONE NUMBERS: Employees are fequired to report any change in address Of telephone number to the eRA Executive Director and HR Designee within ten (10) working days ofthe change. Failure to comply with this requirement may fesult in disciplinary actions up to and Including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s) to contact In case of emergency. , y\' -'1~ "lI~ . J I .' "\l . 'j,.~HI_:'~l" 5.5 RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the eRA. Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave In good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval . of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice will receive their accumulated sick, vacation and compensatory time.to date subject to the maximum accumulation times defined in this policy and reimbursement for as yet non.reimbursed expenses. Medical, dental, vision, and - 31 - Statutes & Constitution: View Statutes :->2009->ChO 11 O->Section 233 : Online Sunshine Page 1 of 2 Select Year: 12009 ~&ll Go I lhe. 2009' Florida .Sta:ttite& Title X PUBUC OFFICERS, EMPLOYEES, AND RECORDS Chapter 11 0 View Entire Chapter STATE EMPLOYMENT HO~U3 PoUttcat actMt'eund'unl'WNbct$~ibttecl.-- (1) No person shall be appointed to, demoted, or dismissed from any position in the career service, or In any way favored or discriminated against with respect to employment in the career service, because of race, color, national origin, sex, handicap, religious creed, or political opinion or aff1l1ation. (2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or'i:mtldpated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the career service, or an increase in payor other advantage in employment in any such position, for the purpose of influendng the vote or political action of any person or for any conslderationj however, letters of inquiry, recommendatIons, and references by public employees or public officials shall not be considered political pressure un~ess any such letter contains a . threat, intimidation, or irrelevant, derogatory, or false information. For the purposes of this section, the term "political pressure," in addition to any appropriate meaning which may be ascribed thereto by lawful authority, includes the use of official authority or influence In'any manner prohibited by this chapter. (3) No person shaU, directly or indirectly, give, render, pay, offer, soUdt, or accept any money, service, or other valuable consideratIon for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage In, a position In the career service. The provisions of this subsection do not apply to a private employment agency licensed pursuant to the provisions of 1 chapter 449 when the services of such private employment agency are requested by a state agency, board, department, or commission and neither the state nor any political subdivision pays the private employment agency for such services. (4) As an individual, each employee retains all rights and obligations of citizenship provided in the Constitution and laws of the state and the Constitution and laws of the United States. However, no employee in the career service shall: (a) Hold, or be a candidate for, public office while in the employment of the state or take any active part in a political campaign while on duty or within any period of tIme during which the employee is expected to perfonn services for which he or she receives compensation from the state. However, when authorized by his or her agency head and approved by the department as involving no interest which conflicts or activity which interferes with his or her state employment, an employee in the career service may be a candidate for or hold local public office. The department shall prepare and make http://www.leg.state.fl.us/Statutes/index.cfm?App _mode=Display _Statute&Search_ String=... 6/4/2010 Statutes & Constitution ;View Statutes :->2009->ChOll0->Section 233 : Online Sunshine Page 2 of2 available to aU affected personnel who make such request a definite set of rules and procedures consistent with the provls1ons herein. (b) Use the authority of his or her position to secure support for, or oppose, any candidate, party, or issue in a partisan election or affect the results thereof. (5) No state employee or offIcial shall use any promise of reward or threat of loss to encourage or coerce any employee to.support or contribute to any political issue, candidate, or party. (6) The department shall adopt by rule procedures for Career Service System employees that require dIsclosure to the agency head of any application for or offer of employment, 81ft, contractual relationship, or financial interest with any individual, partnership, association, corporation, utility, or other organization, whether public or private, doing business with or subject to regulation by the agency. Hlstory.--s. 21, ch. 79-190j s. 2, ch. 80-207; s.1, ch. 84.125; s. 5, ch. 89-277; s.1, ch. 91-164; s. 21, ch. 91-431: s. 34, ch..92-279; s. 55, ch. 92-326; s. 668, ch. 95-147: s. 23, ch. 2001-43. 1Note.--The provlsions comprisIng chapter 449 were repealed by ch. 81-170. Copyright Cl1995-2010 The Florida Legislature 0 Privacy Statement 0' Contact Us http://www.leg.state.fl.us/Statutes/index.cfm? App _mode=DisplaL Statute&Search _ String=... 6/4/2010 Page 1 of4 Biscuiti, Kathy From: Biscuiti, Kathy Sent: Thursday, December 17, 2009 4:17 PM To: Bressner, Kurt; 'Luke Therien'; Welsh, Pam Cc: Magazine, Chuck; Immler, Matt; Segal, Wayne; Bright, Lisa; Majors, Wally; LaVerriere, Lori Subject: RE: Banana Boat Thank youl Pam...the only day I am in next week is Monday. Kathy From: Bressner, Kurt Sent: Thu 12/17/2009 4:07 PM To: 'Luke Therien'; Blscuiti, Kathy; Welsh, Pam Cc: Magazine, Chuck; Immler, Matt; Segal, Wayne; Bright, Usa; Majors, Wally; LaVerriere, lori Subject: RE: Banana Boat Good afternoon. For purposes of coordination, let's treat this as a special event activity so we can get the parties lined up with what needs to be done. Pam, Early next week find out when the team can meet for a short meeting to discuss the logistics. We need to make this event happen as it will provide excellent exposure for Boynton Beach. The eRA will be assisting In anyway that may be needed. I think it is mainly a PDlTraffic and 'a media relations event, but I may be wrong. Luke will get us the contact Information from Budweiser. The Mayor Is on board to participate and is quite excited. Our job - make it happen safely and 50 everybody gets to experience this very unique part of American life, right here in Boynton Beach. . For all you do, this event's for you Kurt Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) htto://www.bovnton- beach.org: --.---------.-.-- .----..------.-------- From: luke Therien [mallto:luketherien@bellsouth.net] Sent: Thursday, December 17, 2009 11:43 AM To: Bressner, Kurt; Biscuiti, Kathy Subject: Re: Banana Boat Page 2 of4 We have finalized the date and time for the Budweiser Clydesdale Horses. This includes three (3) tractor trailers with (8) clydesdale horses, wagon, dalmation dog etc. 1. Arrival at Banana Boat on Friday January 22nd at 3pm. 2. Unload trailers, dressing/wagon & horse preparation takes about 45 minutes. 3. Depart Banana Boat 4pm by horse and wagon heading west on Ocean Avenue. Horses take a right turn on Seacrest, take a right on N.E. 1 st Ave, turn into City Hall for Pictures with Mayor etc. Reverse directions back to Banana Boat. 4. Return at Banana Boat at 5pm. 5. Horses available for viewing from 5pm to 6pm 6. Leave Banana Boat at 7pm. Let me know. if you have a problem with this route. We would like to get Mayor Taylor on the Wagon leading the horses etc. to and from Banana Boat if he can. Let me know of any other suggestions. Luke Therien From: "Bressner, Kurt" <BressnerK@bbfl.us> To: "Blscuiti, Kathy" <BiscuitiK@bbfl.us> ee: "Bressner, Kurt" <BressnerK@bbfl.us>; luketherien@bellsouth.netj "Bright, Lisa" <BrlghtL@bbfl.us> Sent: Tue, December 15, 2009 12:26:51 PM Subject: Re: Banana Boat The City is ready to assist also. Luke, please confirm we are a go. Kurt Sent from my iPhone Kurt Bressner 561-436-2328 (cell) On Dee 15, 2009, at 11:19 AM, "Biscuiti, Kathy" <BiseuitiK@bbfl.us>wrote: Hi Kurt and Luke, What great news for Boynton Beach, please let me know if you would like to have me involved in the process of making this into an event. The dates mentioned are only five weeks away...please let me know your thoughts so that we can schedule a planning meeting soon. Also, please let me know who the point person is on this event. Thank you, Kathy Biscuiti CRA Special Events Director 561-445-2973 ----Original Message----- From: Biscuiti, Kathy To: Biscuiti, Kathy Sent: Tue Dec 15 09:11:20 2009 Page 3 of4 Subject: FW: Banana Boat From: Bressner, Kurt Sent: Wednesday, December 02,2009 9:06 PM To: Luke Therien Cc: Immler, Matt; Bright, Lisa; Segal, Wayne; Biscuiti, Kathy; LaVerrlere, Lori; Magazine, Chuck; Majors, Wally Subject: Re: Banana Boat Luke, I think this is wonderful. Yes, we will be glad to help. Let me ask a team from the City and the CRA staff to work with you. This weekend is the CRA and City's Holiday event so our follow-up will be next week. Maybe the route from Banana Boat/Childrens Museum with the Mayor greeting the procession would be a possibility? Thanks, Kurt Sent from my iPhone Kurt Bressner 561-436-2328 (cell) On Dec 2, 2009, at 4:53 PM, "Luke Therien" <lukethenen@bellsouth.net>wrote: Hi Kurt: Banana Boat has an opportunity to bring the Budweiser Clydesdales to Banana Boat and to downtown Boynton Beach for a 4 (four) hour slot either Thursday, Friday, or Saturday week of January 21st. It would be only one of those days. We haven't decided which one yet, but it would be let's say 3pm to 7pm. It is a pretty elaborate setup involving 3 (three) tractor trailers setting up at Banana Boat. I was thinking of taking the Clydesdales to City Hall and back to Banana Boat. This would be a great public relations attraction for the City of Boynton Beach if we promoted it properly. The drive time from Banana Boat to City Hall and back would be about one (1) hour. The Clydesdales may need a police escort to cross Federal Highway etc, otherwise they would be parked at Banana Boat. If you help me with the logistics with the police, I would pay for all the promoting and all the costs of getting the clydesdales over to us. 6/8/2010 Page 4 of 4 What do you think? Do you want to have a short meeting? Luke Therien cell # 561-704-3535 MaJoy, April From: Biscuiti, Kathy Sent: Thursday, January 21,2010 1 :46 PM To: MaJoy, April Subject: FW: Banana Boat - Clydesdales Importance: High From: Bressner, Kurt Sent: Thu 1/21/2010 1:31 PM To: Biscuit!, Kathy. Cc: Immler, Matti Bright, Usa: Clark, Cralgi Segal, Wayne; LaVerrlere, Lori; 'Luke Therien': Rivers, Jody: Kelley, Michael: Taylor, Jerry SUbject: FW: Banana Boat - Clydesdales Surprise I Don't kill the messenger... Kathy, If It Is ok with Lisa, please put out an advisory to the CRA Board and other Interested parties. Chlef/Sgt Kelley, I think the revised traffic. configuration Is easier. Unfortunately, we had planned to have kids be AT the museum at 44:45. So, I guess that's show biz. Craig, -- I'm alerting you to advise the Children's Museum ofthe change In time. The kids will still have an opportunity to see the horses, albeit earlier than what was announced. What am I missing? Luke please stay In touch with Kathy Biscuit! on this event. Change Is good, change Is good, change Is good..... ~urt Bress\ler, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 3.10, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) htto:llwww.bovnton-beach.org From: Luke Therien [mailto:luketherlen@bellsouth.net] Sent: Thursday, January 21,201011:40 AM To: Bressner, Kurti Taylor, Jerry; kelleym@d.boynton.beach.fl.us: Rivers, Jody: Segal, Wayne Subject: Banana Boat - Clydesdales The Clydesdale crew chief arrived Wednesday and wants us to simplifY the traffic plan for the Clydesdale Horses for Friday afternoon. The horses will start at the school house museum and take a one way shot to the Banana Boat, instead of the original round trip. He says this will cut the traffic issues in half during a busy Friday afternoon and improve pedestrian safety, and cut on police issues. It will also allow more time for people to visit with the horses and talk with the trainers. The horses will be dropped off at the school house museum just before 3pm, and the empty trailers will be immediately driven to Banana Boat. The horse and wagon will stay at the school house museum from 3pm until4pm, and then head east towards Banana Boat around 4pm. The horses will be at the Banana Boat from that point until about 7pm. There will be five (5) trainers around the horses at all times. The overall time frame stays the same. Let me know of any questions you may have. Luke Therien - cell # 561-704-3535 6/7/2010 Page 1 of 1 f; '..~~".' .-,..--.:."". .,....:.r...,........ j.......,..~....:.:.~-~- ...__.1.- :"'';~~''........", ..-.....-- _..c.. ...:.. if ~~ H .! ~! Res1aurant . Louue EIlablIIfIed 11I'l8 it B....n. BOlt 739 East Ocean Avenue. Boynton Beach. FL 33435 (561) 732-90400 WMY.Bananaboatboynton.Com MEDIA ADVISORY Photo Opportunity WI:iQ: World-famous Budweiser Clydesdales, representatives of Anheuser-Busch for more than 75 years. WHAT: Brown Distributing Company & Banana Boat Restaurant are sponsoring a visit from the Budweiser Clydesdales, one of the world's most recognizable symbols. The Ugentle giants' have been ambassadors of Anheuser-Busch since 1933. The public is invited to stop by to view and take photos with the Clydesdales. WHEN & WHERE: Friday, January 22nd, 2010 - 3pm to 7pm Banana Boat Restaurant 739 East Ocean Avenue, Boynton Beach, FL 33435 FEATURE IDEAS: · Talk with the Clyclesdale handlers about what it takes to prepare these majestic beauties for more than 500 appearances made annually. . · Show how the horses are bathed, brushed and braided In a visual behind-the-scenes grooming piece. · Illustrate the fascinating history of the Budweiser Dalmatian - the official mascot of tne Clydes- dales since the 1950s. · Explain what it takes to be part of the famous hitch. As 8 symbol of Budweiser quality, horses must meet strict requirements to be chosen 8S 8 Budweiser Clydesdale. MEDIA INFORMATION: Brown Distributing Contact: Joe Mennine - 561-655-3791 JOE.MENNINE@BDCWPB.COM Banana Boat Restaurant: Luke Therien - 561-732-9400 LUKETHERIEN@BELLSOUTH.NET FW: eRA violations ofHR Policy - 'att.net Mail' YA:HOOr~ MAIL Classic Page 1 of 1 FW: eRA violations of HR Policy From: 'Orlove, Bill" <OrloveB@bbfl.us> To: hqjohnson@bellsouth.net Friday, July 2, 20104:08 PM As we discussed. I went through my e-mails to determine a timeline of events regarding your questions today. Below is an e- mall from Herb Suss, asking me to investigate the matter involving the CRA. Because of his request as a constituent, I asked the CRA executive director to put this issue on the agenda for the June 8 CRA meeting, which she did. I will forward you another e-mail that Herb sent me. He is responding to my request for more information regarding the situation. . Let me know if there is anything else you need from me on this matter. Have a good and safe holiday weekend. Bill From: Herb/Isabel Suss [mailto:herbeI24@att.net] Sent: Thu 6/3/201011:30 PM To: Orlove, Bill ee: Cherof, James; lona_oconnor@pbpost.com Subject: CRA violationsofHR Policy To: Bill Orlove Boynton Beach Commissioner From Herb Suss Re: Request investigation into violations of CRA HR Policy On 1 22 10, I personally witnessed CRA employee Cathy Buscutii assisting and another CRA employee associating with the organization of a fundraiser for theri Commissioner Ron Weilands bid fOr Mayor. This occurred on Ocean Ave and Federal Hwy. I then subsequently had a phone conversation with Lisa Bright about this Inappropriate use of tax payer money and during that conversation she stated to me she was supporting Ron Weiland. She also insinuated that I was harassing her because i brought this to her attention. These political activities and actions are against documented company policy and misuse of tax payer dollars. My personal experience as a witness and tax payer of Boynton Beach is sufficient to initiate this request and and a full independent investigation. ' There have been several citizens that have brought this to the attention of the CRA board and a full investigation would encompass contact with these and any other individuals which may have Insight. Part of your campaigning spoke to transparency and ethics and so this is the time to show that those are true values of this city. I await your action. Once again I am requesting that this item be placed on the June'8th CRA meeting agenda and an investigation started at once. Please confirm back to me that this item will be added to the agenda Herb Suss .-:;..~_~_~ ._~~ ....~-~"IdI:i(t'l:tA~ ~r __ _-""k::._ ..__ FW: eRA violations of HR Policy - 'aU.net Mail' YAEOOf~ M~!,~ Page 1 of 1 FW: eRA violations of HR Polley From; 'Orlove, Bill' <OrloveB@bbfl.us> To: hqjohnson@bellsouth.net Friday, July 2, 20104:08 PM Here is the second e-mail for your review. Bill From: Herb/Isabel Suss [mailto:herbeI24@att.net] Sent: Sat 6/5/2010 8:03 PM To: Orlove, Bill Cc: Cherof, James;' O'Connor, lona Subject: eRA violations of HR Policy To Bill Orlove From Herb Suss The only thing I can provide and the only thing that matters is my personal eye witness of what my own eyes saw and and what my own ears heard. I have already documented this for you. It seems that you don't believe me. I am willing to take a polygraph if that is what you need. It is not my job to investigate this for you because I am not an independent investigator. If you look at the minutes of the last couple of meetings you will find citizens came up and made the same claims. I agree that you should not rush to judgment. your role should be to take my statement and call for an independent investigation. That investigator can interview all parties and come with a report to the eRA board of their findings. Herb Suss .~ ,..lL~~~-'--- -"---'11'~--'-'" ............-, ......- .. J,,_h.., __~_~~_ ~_......~ "Code" means the Boynton Beach Municipal Code. "Commercial new" means the construction of an entirely new retail, office, industrial, warehouse, or service building(s) within city limits that is not a city- sponsored project, a residential project, or a mixed-use project. "Commercial tenant improvement" means the renovation, remodeling, or rehabilitation of any existing retail, office, industrial warehouse, or service building(s), including additions, within city limits that is not a city-sponsored project, a residential project, or a mixed-use project. "Compliance documentation" means all documentation required by a green building rating system indicating the compliance threshold level that has been achieved. Compliance documentation includes, or excludes, specific requirements as set forth by city commission resolution. "Compliance threshold" means the minimum number of points or rating level of a green building rating system, as specified by city commission resolution that must be attained for a particular covered project type and tier for a covered project. "Construction" means the building or renovation, whether adding additional square footage or not, of any structure or any portion thereof. "Covered project" means any green building project that is subject to this chapter." "Covered project type" means the type and use of a building as defined in this chapter for the express purpose of determining application of a specific guideline. Covered project types include single-family dwelling new, single-family dwelling addition, multi-family dwelling new, multi-family dwelling remodel, commercial new, commercial tenant improvement, mixed-use, and city-sponsored. "Design review" means a review performed by the planning division for a covered project including, but not limited to, a building's architectural components, specific plan, final development plan, or site plan architectural review. "Final inspection" means the final inspection and approval required by the? Florida Building Code when a building is completed and ready for occupancy and use. "Good faith effort" means a project that has not met the required compliance threshold, but for extenuating reasons or reasons beyond the control of the applicant, the green building compliance official has found the project meets the provisions of good faith effort pursuant to Section 9.C.1. "Green building" means the design, construction, and operation of buildings that mitigates the environmental, economic, and social impacts of buildings. 84 "Green building compliance official" means the building official or his or her designee. "Green building project checklist" means a checklist or scorecard developed for the purpose of calculating a green building rating. "Green building rating" means the point or performance threshold proposed or achieved for the respective rating system used for a covered project. "Green building rating system" means the rating system associated with a specific guideline adopted by city commission resolution and used to determine compliance thresholds. "Guidelines" means the specified green building rating system that applies to a covered project as set forth by city commission resolution in section. "LEEOO" means anyone of the U.S. Green Building Commission's Leadership in Energy and Environmental Design green building programs. "Mixed-use project" means a building(s) within city limits that combines the uses of a commercial project and a residential project. "Multi-family residential project (MFD)" means a residential project containing more than two attached dwelling units, including apartments, condominiums, and townhouses, excepting townhouses that meet the definition of single-family dwellings. "Renovation" means any rehabilitation, repair, remodeling, change, addition, or modification to an existing building. "Residential project" means any building within city limits used for living, sleeping, eating, and cooking. Residential project includes single-family new, single-family addition, and multi-family new. For the purposes of this chapter, a residential project includes assisted-living facilities and senior housing. A residential project does not include hotels, motels, inns, or similar commercial enterprises wherein rooms or suites of rooms are rented for transient occupancy and are considered commercial projects. "Single-family addition" means any residential project that adds new floor area to an existing residence. Single-family residential additions may be attached or detached. "Single-family dwelling (SFD)" means a residential project on a single parcel containing one dwelling unit, or one dwelling unit with a legal second unit or a duplex. For the purposes of this chapter, townhouses shall be considered single- family residential projects provided there are recorded property lines between each unit and the occupancy group and division of each unit is designated as an R-3 as defined in the Florida Building Code. 85 "Structure" means that which is built or constructed, an edifice or building of any kind or any piece of work artificially.built or composed of parts joined together in some definite manner and permanently attached to the ground, as defined in the Florida Building Code. "Tier" means the level of compliance, as indicated by Tier 1, Tier 2, or Tier 3 in Table 1 -- Tiers, for a given covered project type. Tier levels are determined by housing density for single-family, number of dwelling units for multi-family residential new projects, number of dwelling units for multi-family remodel projects, and floor area for all other covered project types. Specified green building standards and compliance thresholds for each tier of each covered project type shall be as set forth by city commission resolution. . General provisions. Applicability . Neither this chapter, nor any of its related green building resolutions, shall affect in any manner the permissible use of property, intensity of development, design and improvement standards, or other applicable standards or requirement of this code, all of which shall be operative and remain in full force and effect without limitation. . When the provisions of this chapter conflict with state law, state law shall govern. . For all non-city projects, the program shall be voluntary. . For any city-owned civic or office construction project, the city is expected to participate in the program. . The Director of Development or their designees shall develop policies and procedures to implement the green building program. . Designation of responsibility for administration and implementation The program shall be administered by the Development Department, which shall be responsible for: . Funding the program through annual funds budgeted and appropriated by the city commission; . Marketing the program to the City of Boynton Beach community by any reasonably effective means, including but not limited to print advertising, press releases, television advertising, or advertising in monthly mailers; . Developing any appropriate or necessary application procedures, including but not limited to, the program application form; 86 I Providing an incentive award to any program participant who has successfully satisfied the requirements associated with that incentive: and I Resolving disputes that may arise from implementing the program · Standard for compliance Covered Projects. All covered projects shall be constructed using the guidelines, green building rating systems, and green building project checklists adopted by THE Development Department. . Certification The program shall be subject to certification by a qualified third party who has been trained and certified as a green building rater. For the purpose of this section of the program, "third party" means any person or entity authorized by the FGBC, ICC or the USGBC to verify that a program participant has satisfied any or all of the requirements associated with the standard designated for a particular project . Standards The program shall be administered using standards developed by the city for certification of retrofitting/remodeling of existing residential units and standards developed by 1) the Florida Green Building Coalition or the NAHB/lCC and 2) the U.S. Green Building Commission for certification of all other building certifications, or other nationally recognized green building rating standards as approved by the city commission. · Compliance threshold for levels of green building established. I Compliance threshold levels for green building are established for all covered projects within the city. I: The city commission shall, by resolution, set forth the specific compliance threshold required for each covered project type and tier found below in Tables 1, 2 & 3. 87 Table I COVERED PROJECT TYPE & TIER Covered Project Tier 1 Tier 2 Tier 3 Type SFD - New > 12 dwelling 7 -12 dwelling 1-6 dwelling units/acre units/acre units/acre SFD - Addition >500 square feet MFD - New <20 dwelling 20-50 dwelling >50 dwelling units units units MFD- Remodel <20 dwelling 20-50 dwelling >50 dwelling units units units Commercial - <20,000 square 20,000-50,000 >50,000 square New feet square feet feet Commercial - TI <20,000 square 20,000-50,000 >50,000 square feet square feet feet City-Sponsored <10,000 square 10,000-20,000 >20,000 square feet square feet feet Table 2 APPLICABLE GREEN BUILDING STANDARD Covered Project Tier 1 Tier 2 Tier 3 T e SFD - New SFD - Addition MFD - New MFD - Remodel Commercial- New Commercial - TI Ci -S onsored FGBC Green Home Designation Standard or NAHB/ICC-700 Standard FGBC Green Home Designation Standard or NAHB/ICC-700 Standard USGBC LEED for Homes - Multi Famil USGBC LEED for Homes - Multi Famil USGBC LEED for New Construction USGBC LEED for Core & Shell USGBC LEED for Schools, Healthcare, Retail USGBC LEED for Commercial Interiors As er ro' ect e above. 88 Table 3 COMPLIANCE THRESHOLD --1 Covered Project Tier 1 Tier 2 Tier 3 Type SFD - New 30 points (FGBC) 60 points (FGBC) 90 points (FGBC) or NAHB/ICC- or NAHB/ICC- or NAHB/ICC- 700 Bronze 700 Silver 700 Gold SFD - Addition 30 points (FGBC) 60 points (FGBC) 90 points (FGBC) or NAHB/ICC- or NAHB/ICC- or NAHBIICC- 700 Bronze 700 Silver 700 Gold MFD-New LEED Certified LEED Silver LEED Gold MFD- Remodel LEED Certified LEED Silver LEED Gold Commercial - LEED Certified LEED Silver LEED Gold I New I Commercial - TI LEED Certified LEED Silver LEED Gold -i I City-Sponsored Based on proiect compliance above. · Compliance · Building Permit Documentation. With the application for a building permit, the applicant shall submit: o Building plans shall have a copy of the approved green building project checklist printed on or attached to the plans. Notwithstanding any other provision of this code, no building permit shall be issued for any covered project unless and until the green building compliance official has approved the pre-permitting documentation, including any subsequent changes to the green building project checklist, along with building construction documents and plans. · Documentation for Final Determination of Compliance. Compliance documentation shall be submitted to the green building compliance official demonstrating compliance and achievement of the desired green building rating certification. Final Determination of Compliance. Prior to approving a final inspection for a covered project, the green building compliance official shall review the documentation submitted by the applicant, along with inspection records and certificates submitted by the approved green building inspector(s), 89 and determine whether the applicant has achieved the required compliance threshold. If the green building compliance official determines the applicant has met the requirements for covered projects, the green building compliance official shall make a final determination that the covered project is ready for a final inspection, provided the covered project has received approval of all inspections required by the Florida Building Code. If the green building compliance official determines the applicant has not achieved the required green building rating, the green building compliance official shall find for one of the following: . Good Faith Effort to Comply. A good faith effort to comply shall apply to items on the green building project checklist on an individual basis. Granting of a good faith effort to comply for one item does not preclude the need for the applicant to comply with the other items on the green building project checklist. When an applicant submits a request in writing to the green building . compliance official for approval of a good faith effort to comply, and when the green building compliance official determines that the covered project has not met one or more of the requirements for the applicable compliance threshold, the green building compliance official shall determine that the applicant has made a good faith effort to comply with this chapter when any of the following findings can be made: o The cost for providing green building documentation is disproportionate to the overall cost of the project. That is, the cost for compliance documentation is more than 2.5 percent of the total construction cost; or o The green building materials and technologies on the green building project checklist are no longer available or not yet commercially available. . Noncompliant Project. If the green building compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required within the required time period, then the project shall be determined to be noncompliant. . Appeal . Any applicant or person may appeal to the Director of Development the determination of the green building compliance official regarding: o The granting or denial of an exemption; or o Compliance with the ordinance. 90 IJ Appeals to the Director of Development must be filed in writing with the city clerk within fifteen days of the determination by the green building compliance official. The appeal shall state the alleged error or reason for the appeal. In reviewing the appeal, the Director of Development may request additional written or oral information from the applicant or the green building compliance official. The Director of Development shall issue a written determination within thirty days of the receipt of the appeal. I: Any applicant or person may appeal to the city commission the determination of the Director of Development regarding: o Compliance with the ordinance; or o Determination of alternate means as approved by the Director of Development at a hearing for noncompliant project. If Appeals to the city commission must be filed in writing with the city clerk within fifteen days of the mailing of written determination by the Director of Development. The appeal shall state the alleged error or reason for the appeal. In reviewing the appeal, the city commission may request additional written or oral information from the applicant, the Director of Development, or the green building compliance official. The city commission shall hold a hearing and issue a written determination within forty-five days of the receipt of the appeal. . Enforcement If Violation. Violation of any provision of this chapter due to the applicant's failure to build the covered project in accordance with the covered project's plans, shall be (TBD) · Civil Penalties. Any person who violates any provision of this chapter is liable to the city for a civil penalty of one thousand dollars. · Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, cumulative and in addition to any other remedy the city may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter. · Certification The covered project shall be subject to certification by a qualified third party who has been trained and certified as a green building rater. For the purpose of this section of the program, "third party" means any person or entity authorized by the FGBC, NAHB/ICC or the USGBC to verify that a program participant has 9] satisfied any or all of the requirements associated with the standard designated for a particular project. . Program review. . Staff Review. The Development Department shall initiate a review of the program as necessary to determine the need for changes in the program to increase it effectiveness. . Frequency. The program shall be subject to review one year after the effective date of this ordinance and thereafter at a frequency of no more than once per year. . Purpose. The purpose of reviewing the program includes but is not limited to updating program incentives, recommending program or marketing changes to the city, reviewing suggestions made by program participants, and annually awarding the green building award in accordance with section 6-12(d) of the program. . Incentives. (Need to link Tiers 1,2 & 3 with various incentives) The program shall consist of incentives designed to encourage the use of the program. . For any program participant seeking program certification for new residential construction,.residential retrofitting/remodeling, new commercial/non-city construction, or new city owned civic or office construction, the city's general government shall provide the following incentives based upon the Tier threshold the project achieves through the green building rating organizations: o Fast-track permitting for building permits (Tiers 1, 2 & 3); o Reduced permitting fee, which shall equal XX percent of the fee required for a non-program participant, subject to availability of funds(Tiers 2 & 3); o For all projects other than one and two-family residential projects, there shall be a reduced development plan review fee, which shall equal 50 percent of the fee required for a non- program participant (Tiers 2 & 3); o Density bonuses (Tier 3); o Grants (Tiers 2 & 3); o Tax abatement (Tier 3); 92 o Credit for Public Art requirement. Public art and green building practices can be integrated into building plans to create eco-art that seNes as functional, educational and / or demonstrative purposes (Tiers 1, 2 & 3). · Marketing. For any program participant seeking program certification for new residential construction, residential retrofitting/remodeling, new commercial/non-municipal construction, or new city owned civic or office construction projects, the city's general government shall provide the following marketing incentives, including but not limited to: o The erection of building site signs designating a project under the program; o The inclusion of program participants on a city webpage dedicated to the program; o The creation of promotional packages such as a program logo for a program participant's advertisements or brochures; o Press releases. o Green building award. For the purpose of publicly recognizing outstanding commitment to "green building, II the program shall provide for an award called the "green building award" to be awarded annually by the city's general government to one program participant in each sub-program. 93 r EDUCATION r r 94 EDUCATION SUBTEAM Education Plan 1. Purpose Our purpose is to position the City of Boynton Beach as the pre-eminent resource in South Florida for conservation, energy and transportation efficiency, recycling and green building practices by raising public awareness of the benefits of living green. 2. Benefits By sharing our knowledge, we can encourage and help others to conserve precious resources for now and in the future by reducing the City's carbon footprint. 3. Audi!f1ce Residents, businesses, City employees, developers and contractors, and "green" professions 4. Strategy We will use a combination of: . Web site - Recycling tips will be developed for the web site. . BBTV - The Education Subteam will develop a short PSA-type message for BBTV. . On hold - Recycling messages will be placed on the on hold message . Utility bills - Recycling messages will be developed for inclusion on the utility bill. . Flyers & Posters - The Education Subteam will develop recycling flyers and posters. . Media - The Education Subteam will work with the media to position Boynton Beach as the "go to" recycling experts. . Newsletter and mailers . Social media . News media . City's marquee 95 . Professional organizations " New resident packets (Utilities) . Events . City Services Institute . Construction Site Signs It is difficult at this point to determine specific elements of the Education Plan. Until each subcommittee's actions are determined and prioritized, only a general action plan can be formulated. It is recommended that the City work with the consultants, CDM, to determine which actions the City will pursue and in what timeframe. Initially, an overview of the entire sustainability strategy will be developed to help the public navigate through the process. This will go on the City's web site. In the meantime, Wayne Segal will set up a blog that will keep the public updated on the City's sustainability efforts as well as the progress of the consultant. To expand awareness of the City's recycling program, we will produce a public service announcement encouraging greater participation in the recycling program to be posted on YouTube, BBTV and the website. As the strategy develops, the web site will be expanded to include all branches of the sustainability action plan. Planning for a "Green Event" will take about a year. Consideration should be given to partnering with other agencies such as the Green Market, schools and universities and the business community through the Chamber of Commerce. The development and implementation of a coordinated energy education and public education plan as well as a training program for local businesses is a task that will have to be deferred until the City's climate action plan is finalized and sufficient staff can be employed to implement the program. 96 - . _..._..._-_..,.._-~--~-~,-_..._...."._-.__."-"--_._,,-_.....--""..,,_..,--~-+-_. - Tab 2 "')age 1 of2 Bright, Lisa From: Julie Medley [Julie.Medley@ULI.org] Sent: Monday, January 11, 2010 4:41 PM To: Bright, Lisa Subject: ULI Sustainability Committee-Interview Setup Dear Lisa, Thank you for preparing and submitting the Community Selection Questionnaire on behalf of Boynton Beach CRA last month. The ULI Sustainability Committee's Study Area Selection Task Force has reviewed the Questionnaire responses and would now like to schedule a follow-up interview. Please select one (1) date on which all or most of the suggested Participants (listed below) will be available, from the following. Please select one: 1. 2. 3. 10:00 a.m. on Monday, January 18, 2010; 10:00 a.m. on Tuesday, January 19,2010; or 10:00 a.m. on Wednesday, January 20, 2010. With respect to the interview, the Task Force feels it is important for you to invite decision-makers from the various organizations who have influence over the Study Area to meet with the Task Force and provide further information on the community in general and on the Study Area in particular, and also to maintain communication with each throughout the course of the Project if your community ultimately is selected. Participants from your end will be left up to your discretion and their availability on the selected date. Nevertheless, the Task Force would greatly appreciate meeting with the following. Example Participants would be: 1. Lisa Bright, Executive Director 2. Vivian Brooks, Assistant Director 3. Mike Simon, City of Boynton Beach Green Task Force 4. Commissioner Marlene Ross, "Green" Commissioner 5. John Szerdi, Principal, Living Designs 6. Decision-maker(s) from Green Community Alliance 7. Decision-maker(s) from all Civic or similar Associations having jurisdiction over the Study Area. 8. Other Interested Stakeholders Finally, at least several days before the scheduled interview, the Task Force would greatly appreciate receiving the following suggested materials if they are available. Please submit the available materials in electronic format to julie.medley@uILorg. Suggested Materials: 1. 2. 3. Complete copy of the Downtown Master Plan. Complete copy of the Green Building Ordinance and sustainability objectives. Provide a scaled map setting forth the boundaries of the Study Area, together with graphic notations for all zoning uses (including residential, commercial, industrial, institutional, etc.), location of problem areas, and successful areas - such as mass transit nodes and stations, vacant lots, abandoned buildings, deteriorated buildings, brownfields, affordable housing, parks (existing and planned), bicycle paths, high-crime areas, and other positive and negative 1/13/2010 aQ(' aspects of the Study Area. 4. Copy of report on the current and projected demographics of the City: including age, income, education, and other pertinent factors. The Selection Process: As part of the selection process, please keep in mind that the Task Force is reviewing responses from, and will schedule interviews with, two other communities in addition to yours. As previously stated, the Task Force will make its selection based, among other things, upon the Task Force's perception of each community's commitment to sustainable practices, and also upon the Task Force's perceived likelihood for implementation of all or most of the proposed sustainable practices. Once a community has been selected, a written memorandum of understanding will be entered into between representatives of such community and the ULI Sustainability Committee that will set forth, in detail, the respective roles and responsibilities of each party. Additional details on this process may be addressed in the scheduled interview with members of the Task Force. We appreciate your interest in this selection process and look forward to hearing from you. Please let us know if you have any questions. Thank you, Julie Medley Director ULI SE Florida/Caribbean 954-783-9504 On behalf of: The Study Area Selection Task Force Sustainability Committee ULI SE Florida/Caribbean 1 /1 ~/201 0 Tab 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 16,2010 D. Presentation by CRA Staff on Boynton Harbor Marina. Vivian Brooks, Assistant Director of the Community Redevelopment Agency, pointed out the Boynton Harbor Marina had been in the plans since the 1980s and was now coming to fruition. It involved the area around Two Georges and Banana Boat restaurants. The planner is MSEW out of Orlando. The area currently looks unkempt with buildings that are not structurally sound, with various Code issues. The entrance way and circulation in the area is not clearly marked. The goal is to attract people to the downtown and local businesses. The plans include iconic lighthouse type features, with lots of landscaping and low lighting for visib/Jity at night. There will be a promenade along the water for the pedestrians to walk along the marina and there Is public parking in the adjacent building. The Sea Mist would stll operate out of the marina with new facilities to sell their tickets and for storage. It wilt all encompass a FloridalCaribbean look. The CRA was able to buy the waterfront area to create a water destination point for the City of Boynton Beach. There will be a dock master building that will include public rest rooms. The proposed financing is through the stimulus program and Build America Bonds which allow for the construction of public Gommon areas and destinations. The Bonds will pay up to 45~ of every $1 of interest. It would greelly reduce the cost of financing the project. This funding opportunity will terminate on December 31, 2010. Mayor Taylor was excited about the project as a destination point. It wilt be pedestrian friendly and will symbolize the history of Boynton Beach and its fIShing industry. He thanked the CRA for their work over the years to bring the project to reality. Vice Mayor Hay inquired about any project timeline. Ms. Brooks. replied the bonding would have to be finalized by the end of 2010. It would give less debt service on the $6.5 million project. The design and submerged portion that is ongOtng has cost approximately $1 million. There was consensus to support the project. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of b...... coming before the City Commission) Hend.,.on Tillman, 54 Bentwater Circle, was glad to be able to wJtnee;s, the continued development of the marina. He addressed the Heart of Boyn1on (HOB) and contended there was a pattern of discriminatory practices against the African-American community. The area has been denied the ability to redevelop through the eRA Board, bond funds 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 16. 2010 Lisa Bright, CRA Director, recalled in 2008, the City established a Green Task Force to improve. promote and sustain the City's environmental sustainebility. The Urban Land Institute of Southeastern Florida had sefect8d the Boynton Beach CRA to serve as a sustainable community pilot area. The City was sefect8d based on the governing body's commitment to sustalnabilfty, creatton of the G....n Alliance and former Task Force and the CRA's green incentives to be tenId during the study period. The study would address innovative ways for suslalnabllity to serve as 8 template for other cities throughout the United States. The Gulfstream Gardens project, Case del Mar and Walmart will be the three projects under consideration. Mayor Taylor and Commissioner Ross congratulated the CRA for the achievement. Herb Suss, 1711 Woodfern Drive, congratulated Commissioner Ross for the Galaxy modernization proposal. Mr. Suss questioned if anyone had contact with Hunters Run relating to additional reused water and if a deal had been made. He further questioned if such a deal were made, how would It benefit the citizens of Boynton Beach. Mr. Bressner responded the City had been requested by Hunters Run to give up the reuse water because it would not be cost effective to have to install a reuse water irrigation system. The South Fforida Water Man.~ment had allocated 600,000 gallons per day to Hunters Run. Possible reuse of the allocation to eastern Boynton Beach is bEring investigated. Sterling Village is now using reuse water for all their Irrigation. Mr. Bressner disclosed he met with the Council of Presidents of Hunters Run, Mayor Taylor had spoken with the President of Hunters Runs who compHmented the City fOr working with Hunters Run on the issue. Commissioner Weiland had also been contacted. ~Iiff Montross, thanked the Commission for tabling the police facUity controversy. Mr. Montross disagreed with campaign contributions being accepted nom developers with pending projects Mhin the City. He hoped the new Commission would discontinue the practice of altowing campaign contributions from developers. No one else coming forward Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Donna Harmening, a regular member of the Library Board. . 6 GOOD EVENING MAYOR TAYLOR AND COMMISSIONERS, IN 2008 THE CITY OF BOYNTON BEACH APPROVED THE CREATION OF A GREEN TASK FORCE TO OVERSEE THE PROCESS OF IMPROVING AND SUSTAINING THE ENVIRONMENTAL NEEDS OF BOYNTON BEACH AND REGARDING ENVIRONMENTAL SUST AINABILITY. OVER THE PAST YEAR THIS TASK FORCE HAS WORKED DILIGENTLY AS THE CITY OF BOYNTON BEACH'S GREEN COMMUNITY ALLIANCE IN DEVELOPING A PROGRAM OF STRATEGIES TO IMPROVE, PROMOTE AND SUSTAIN THE ENVIRONMENTAL NEEDS OF THE COMMUNITY. IN KEEPING WITH THE CITY OF BOYNTON BEACH'S MISSION FOR A MORE SUSTAINABLE CITY, THE CRA MADE APPLICATION TO THE URBAN LAND INSTITUTE'S SUSTAINABLE PILOT COMMUNITY PROJECT STUDY AREA. TODAY, THE URBAN LAND INSTITUTE SOUTHEASTERN FLORIDA AND CARRlBBEAN REGION HAS SELECTED THROUGH A COMPETITIVE PROCESS THE BOYNTON BEACH CRA TO SERVE AS THE SUSTAINABLE COMMUNITY PILOT STUDY AREA. WHAT DOES THIS MEAN FOR THE CITY OF BOYNTON BEACH? THE URBAN LAND INSTITUTE IS A NONPROFIT RESEARCH EDUCATION ORGANIZATION REPRESENTED IN 95 COUNTRIES WORLDWIDE. ULI SERVES THE ENTIRE SPECTRUM OF LAND USE AND REAL EST ATE DISCIPLINES, WORKING IN PRIVATE ENTERPRISE AND PUBLIC SERVICE. THE ULI SUST AINABILITY COMMITTEE IS COMPRISED OF VARIOUS PROFESSIONALS IN VARIOUS DISCPLINES WORKING THROUGH FLORIDA ATLANTIC UNIVERSITY. ALL OF THE CRA PROJECTS SLATED FOR REDEVELOPMENT DURING THE UPCOMING YEAR WILL BECOME BEST PRACTICES OF SUSTAINABILITY AND INCORPORATING THE CRA'S GREENCENTIVES DRAFT PROGRAM. THE BOYNTON BEACH CRA WAS SELECTED OVER OTHER MUNICIPALITIES FOR THE FOLLOWING REASONS: THE GOVERNING BODY'S COMMITMENT TO SUSTAlNABILITY, THE CREATION OF THE GREEN ALLIANCE AND THE CRA's COMMITMENT TO GREENCENTlVES WHICH WILL BE TESTED DURING THE STUDY PERIOD. THE GREENCENTIVES WILL SERVE AS A TOOL FOR IDENTIFYING AND ASSESSING INNOV ATE W A Y8 FOR SUST AINABILITY AND WITH ULI'8 EXPERTS THE OUTCOME WILL BE A GREENCENTIVE PROGRAM TO SERVE AS A TEMPLATE FOR OTHER CITY'S TO EMULATE. THE BOYNTON BEACH CRA'S GREENCENTIVE PROGRAM WILL HOPEFULLY BECOME A BEST PRACTICE IN SUST AINABILITY 'VITH THE URBAN LAND INSTITUTE'S STAMP OF APPRO V AL FINALLY, THE CRA HAS IDENTIFIED THREE PROJECTS EITHER APPROVED OR BEING CONSIDERED WITHIN THE CRA THAT WOULD UNIQUELY SUPPORT THIS SUSTAlNABILITY INITIATIVE. THOSE PROJECTS ARE: GULFSTREAM GARDENS. CAS A DEL MAR AND W ALMART WHO IS LEADING THE WAY AS A INTERNATIONAL ROLE MODEL ON SUST AINABILITY FOR ENERGY AND WATER CONSERVATION. Tab 4 . East Side-West Side~Seas'lde Rena!S~;2ne<: Media contact: Margee Walsh Boynton Beach eRA Marketing Director (561) 737-3256, ext. 204 walshm@bbfl.us FOR IMMEDIATE RELEASE March 2, 2010 URBAN lAND INSTITUTE SELECTS BOYNTON BEACH CRA AS SUSTAINABLE COMMUNITY PilOT PROJECT AREA Boynton Beach, FL. - The grass, and now possibly the city of Boynton Beach, may be a little greener, since the Boynton Beach Community Redevelopment Agency (eRA) was chosen among other municipalities by the Urban Land Institute (ULI) Southeastern Florida/Caribbean region to serve as the ULI's Sustainable Community Pilot Study Area. This is in line with the CRA's emphasis, since 2008-with the creation of a Green Taskforce-to oversee the process of improving and sustaining the environmental needs of Boynton Beach, according to Boynton Beach CRA director Lisa Bright. "It's a wonderful thing to be recognized for the City's commitment within the CRA District to work with Urban Land Institute to develop a sustainable green program at the predevelopment stage," Bright said. "We believe this is going to produce a 'GreenCentive' program that could be a model for other cities." ULI's mission is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide, according to James R. Williams, AlA, LEED- AP, president of JMWA Architects and member of the ULI Sustainability Committee. "The purpose of the Sustainability Pilot Project is to utilize a 'real world' study zone as a basis for advising and implementing best practices in sustainability that will serve as a model for other Southeast Florida communities," Williams said. "The Boynton Beach CRA was selected by the ULI Sustainability Committee because of their commitment to and understanding of sustainability, their having the political will to make something positive happen and because of their engagement of all of the stakeholders in the process." CRA projects slated for 2010 and into 2011, including plans for the new WalMart on Federal Hwy., will become best practices of sustainability, incorporating the CRA's GreenCentive draft program. The GreenCentive program is an incentive program featuring a palette of proven green development strategies that add value to projects, minimize impact on city infrastructures and conserve energy and water. John Szerdi, AlA, LEED-AP, founder Living Designs Group, Lake Worth and chairman of the U.S. Green Building Council, Treasure Coast/Palm Beach branch, said the ULI designation will benefit the Boynton Beach community-not just the owners of the impacted properties. -cont'd- "In the green movement, it is more than hanging a plaque and claiming to be environmentally aware; it is an entire movement-a way of building and a way of life- that affects environmentally-sensitive behavior and awareness," Szerdi said. The Boynton Beach CRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1,650 acre district. The agency focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. ### For more information on the CRA, its events and activities, or to schedule an interview with Lisa Bright, call Margee Walsh at (561) 737-3256, ext. 204, or visit www.bovntonbeachcra.com --- . .- .~ - - "'''-~-'"'''''''''''-'----''--'''''''' -- "--- - TabS yage 1 01 J Bright, Lisa From: Bright, Lisa ~ -'1t: Wednesday, June 16, 2010 11 :30 AM Bright, Lisa Subject: ULI Sustainability Community Pilot Project Area ----Original Message----- From: Bright, Lisa <BrightL@bbfl.us> To: jreguez@aol.com; Hay, Woodrow <HayW@bbfl.us>; Holzman, Steven <HolzmanS@bbfl.us>; orlovew@bbfl.us; Ross, Marlene <RossM@bbfl.us> Cc: Jim Cherof <JCherof@cityatty.com> Sent: Wed, Mar 17, 2010 5:14 pm Subject: ULI Sustainability Community Pilot Project Area Good afternoon and welcome new CRA Board Members, This Friday at 9:00 a.m. at the Boynton Women's Club, the Urban Land Institute/Florida Atlantic University and the CRA staff will begin discussing a scope of work to implement this project. Chair Jim Murley provided the agenda this afternoon (attached) and if any of you wish to attend, please let me know. In the meantime, staff will continue to move this agenda forward. Lisa Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 5F~ "737-3256 5 37 -3258 (fax) brigntl@bbfl.us 06/16/2010 Southeas1 ~n,,(ja/Garlhtlean 11III.......... ........ .....1,..'...'... rrJ~r r ..::.~f;!""'~j~'~; Sustainability Committee Boynton Beach CRA Project: Organizational Meeting Agenda March 19, 2010 at 9:00am Boynton Beach Women's Club I. Welcome & Introductions Jim Murley II. Role of ULI a. Memorandum of Understanding Components b. Flow of Communication III. Sustainability Framework Process a. Discussion of Deliverable and Work scope b. Teambuilding c. Timeline IV. Other Organizational Issues a. Community Action Grant b. Next Steps ~~~~Y~Te~ C iI East Side'" West Side"'Seaside Renaissance NOTICE OF URBAN LAND INSTITUTE SUSTAINABILITY MEETING The Boynton Beach Community Redevelopment Agency will hold a meeting with the Urban Land Institute (ULI) on FRIDAY, MARCH 19, 2010 at 9:00 AM. The meeting will be held at The Boynton Beach Woman's Club located at 1010 South Federal Highway, Boynton Beach, FL 33435. The purpose/ subject of the meeting is: . ULI Sustainability pilot project for Boynton Beach CRA An Agenda will be provided at the Meeting. Jerry Taylor, Chairperson Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 ULI SUST AINABILITY MEETING HELD ON FRIDAY, MARCH 19,2010 AT 9:00 AM AT THE WOMAN'S CLUB BOYNTON BEACH, FLORIDA PRESENT: Jim Murley-F AU Chair of Sustainability Committee for District House Jules Morgan-WG Mills Julie Medley-ULI Jim Williams-JMW A Architects John Hardman -Regenerative Organizations Andrew Young-Kitson & Partners Jim Karas-MSCW Heather Hetherington-Kimley-Hom John Szerdi-Living Designs Group Leonard Townsend-Hughes Hubbard & Reed Cheryl Jacobs-Zyscovich Architects Karen Scott-ULI Lisa Bright-CRA Vivian Brooks-CRA Michael Simon-CRA Theresa Utterback-CRA CRA GOALS Program should fit within the developers' normal process . Come up with ways to quantify . Taxpayers need to see the benefits of "green" . Program should be in place for the tum of the market Encourage large developers to be LEED certified Include DMP . Grass root support PROJECTS Private Gulfstream Gardens is a residential 300 unit development at the South end of the CRA District. The owner is currently going forward with many green incentives. With owner's approval, this could be the first Boynton Beach private sustainable project. Public CRA offices (211 East Ocean Avenue) - green historical renovation Ruth Jones Cottage relocation to Ocean Ave. - green historical renovation . Children's Amphitheater . Old High School ULI GOALS . ULI will prepare the Memorandum of Understanding to be completed by the end of April . Educational Classes-Workshops with Developers . Technical Support """"'::<QVNTON' "<,,z"'K .' ..I:I:II(I,ll!:: ~'c':~j:< ~~C~~lci!~S~o!~;~:!~i.~:;:, Bo~WqBeacr c 0 rtIm.~rl~y~e d e V el?RR1lI nt Nle n cy 915 SiJutf1federalj.figh~~Y BC)YIl~oi1Beach FL33435-5612 001083 TO Bank 63-1482/67[' DATE 031051201 0 AMOUNT $******125.( VOID AFTER 90 DA \ GENERAL'PUND OPi~A,.INGACGOU"'t PAY ____ ONE HUNDRED TWENTY FIVE & 00/100 DOLLARS _0' TO THE ORDER OF ** BOYNTON WOMAN'S CLUB, INC. *' P.O. BOX 1135 BOYNTON BEACH, FL 33425 H9--: . /' (/ /r . ~~~/k' ~ 11100 ~OB jlll ':0 b 70 ~"'B 2 2': b B bOO 9... ~... 0 III PLEASE DETACH STUB BEFORE DEPOSITING 001083 01-0352 ** BOYNTON WOMAN'S CLUB, INC ** 3/ 5/20J DATE I.D. PO # DESCRIPTION BOYNTON WOMAN'S CLUB, INC BOYNTON WOMAN'S CLUB, TNC J.25 00 AMOUNT 2/23/2010 201003043860 01 -51230-225 ULI SUSTAINABILITY MEETING 12:, 00 ~~ 3jQjro rh '~) (7 ~...'.'.) i i t) o {f./ mJL;vvU.~,/V\./ CHECK TOTAL 325 00 Bovnton Beaeh Community Redevelocment Aaenev- q15 Snuth l=..d.....1 Hinhw..v. Rt,vntnn Rur:h 1=1 33435.5"12 FEB -23-2010 10: 34 FROM: BOYNTON WOMANS Ci_US :. 5K 369 8745 TO: 7373258 P.2nj EVENT NAMErrYPE MF rcv008. Dcccnllilcl' 30, 2009 EVENT DA TIi: ~- Q eJ\ NUMBER OF PEOPLE A'ITENDING~ TIME EVENT BEGINS '-I / IJ-/J'J Bo'yrrtorJ "VVOrrlarlJS C1ub Boynton Woman'. Club, Inc. P.O. Box 113$ Boynton Ele.ch. fl. 334Z5 1010 S. federal Hwy. Boynton '..ch, FI 33436 (661) 361.2300 FIX: (Se1) 369-8745 Webslte: http://boyntonwomlnlclub.com/ . bWC1909~'1"S0uth,net F~ "f'1' 0 R.NT..LAll_...... Thl. ogreemontl. entered Into, eneelive... or # {r.iaI<}, ""tween Ihe ""ynlon Woman', (:Iub (also k"ow as OWe), 1010 S. Foderal Hiahway, Boynton Beach, Florida, hcreioaf\cr nrfcm:u 10 itS lilt: City Zip ~J Home phol\e _____.. ___~ CeJl___~ ___Work _ ~ 3 7- 9~.. ..____ hcrdmllicr I'dt:rr~d to tiS the "Lt:.s~e" for the followil1~ room(s) at the owe on ..~.JlOonthJ, l1JdayJdO/(} year. owe )....U aDd anuIJDum .oc.. C Dinill wOI1l11nd Kit.ch(#11 -, li\l&\Uf 80 I C Dinin room, Libra and Kitchen. 100 . C BaJ!.mum ami Kh~ben . $Oats 225 I C Ballroom, Ub aav! Kitd.i ~ 225 C Enth'l! nldl(lln~. ltt:Mt. 225 ppl j' .Stc lif:parHtc fill.: .hert fur "'\':ckdlt)' IIDJlI I _ "',,ekenp rentall!!!~t'. . ____~ X~~ - Security Deposit J_ 'Rent..J Fee (I) S 6.5% Sale. Tax (Plus) I Additional charg.s I _ -,._..,.._-_.._~----_.. ....--. ..,........-........- ., .... Total Amount paid I [dateJ I Balance Due by 70 d.ys prior &0 function 8 we .ofuthorized Alent~ Pase lof4 Lessee's injli.l~ ., FEB-23-2010 10:35 FROM:BOYNTOt-l WOMANE; CLUB) 561 369 8745 m:7373258 tv\F rev008, Decemb~r 30, 2009 VF.NRRAL CONDITIONS 1. It is l:lgn':l:d that the Lessee will poy the sec~lrit>, deposit at the time of the siBning of the contnt<:1 The security deposit will secure [he date and will be returned after thl: rental, provided all conditions have been met by the Lcnee in accordance with the following rental guidelines and attached listing and af\er inspection by the Buildini Event Manlier of the Boynton Woman's Club. 2. The rental charlc plus sales tnx is to be paid by the LCllce 2ldays in advance of the rental datc. 3. I r II rtierVIlion is cancelled 7\ days prior ~o lhe event. the renwl fce, less the deposit, will be: refunded. 'f'the CUI_II.don is within 70 days of the event, the entire amount will be retained by the Boynton Woman.. Ct"b. Ine. 4. If" cII'tCcUation bocomoI atleUIAI'Y within 7 buliMss da)'s of contract sianing, the full dtpo.lt will be reflilftdcd. ARer tha'. tM deposit wHl be retained by the BWC. 5. Date ehanCe: lCtholMlte wilhes to c.... the date of the function within 30 clays of sipiftJ the contra<:t. thel'C wUl .. 1\0 txtrt.:hafae. [rthe date change request is 30 days lifter the sllnfTII of tho COfttraCt tbcrc wUl be S~'O surdwic payable at the time of the chan8~. 6. The BWC (IMler) includes in the rental ,rice tf\c use oftabtes and chairs. 7. Tables and chai'rs are to be set up by the 1M,le, The rental fee covers tht breakdown and storage of tables and chairs. 8. All uther items to facilitate the: evei'll must be provided by the LeSll~e, No BWe furniture, tixlures or olher items owned by the awe are to be removed from the premises by the Lessee, Lessee's Caterer and/or lucstslattend.ees to Lenee's event. 9. Plant saucers or wah:rproofwrappins must be provided by LeSHe on any pla.nt, palms or lrees brought into the facility by Lessee and/or Lessee's c.aterer lor guests/attendees to Lessee's event. \ O. Ltssee will be responsible for any breakage or tor items missing from the BWe. Such dotermination is to be mode by 0 representative ofthc Boynton Woman's Club. The cost is to be deducted from Leuee.. security deposit. t I. Nu alcoholic beverat.\c can be sold on the premises. 12. All cold be\'eragts must ~ kept in waterpn..~of containers. 13. Empty bev\:rilgc. food and other containers brought into the facility by the LCl5ee are to be removed at the lmd of the function/event by Lmee. CATf.:RER Lelllt:c nUt)' us~ the services oh professional caterer. If a protessional caterer is used, Leuce must supply the "We with evidence of in!<lurance liability coveral~. Music at the function/event must cease III J :30 P,"', The club building must be vacated by 12:00 a.m.. (midnight) This is required as thco BWC is loc:uted near a residential sreti. leJIWf and ~u~sl:Jat\cndees ~U.( reque.ted to I.eave Cllllctly. r ~KING Parkini by LCIl~ee tlnd luests 01\ rmy part ofIalcs Road is no& pennittcd. Parkina is allowtd in the awe parking lot and along Federal Hiahwa)' in front of the building at any lime. Lessees may also park al the S~nior C(nter parkinllot and at the ret.ail mall on the southeut side of Fede rllt I when those busin~sses ure closed. Plemse lee attached map. L...ee may alao manle vale~king but it is nOt required by Le,sor& f \ 8 we A u,hQriud Ag.n(.__~ Page 2 of 4 L....... i"lli~/ ....,,-,../ FE8-23-2I2H:: H~~ 35 r.:-pOM: 80vHTOhl I>lOMPNS C'_UI? :\. 56~. 369 9745 TO: 737325e P,4/'l MF rev008. Dl,cember 30, 2009 BUILDING EY.Et'lT MANAGER The Lelsot. will provide an on site 01Jilding Event Manager during rental period. TIle ewe will pay the BuHdina Event Manager. The SuUdin8 Event Manager has the full authority ofthc Boynton Woman's Club to request the I...clisec flnd Lcncc's guests/attendees to maintain deconlm. If the Bulldin,l!vcnl Manaaer feels that decorum or behavior is I1<)t maintained and the situation has become unmanageable, helshe is authori"L.l:d to cali lhe pollee to the ii\cilityl. w:uJ1 HARMLESS AG"REEMitII The Lessee 'Ire., t-o hold harmless and indemn.ify the Boynton Woman's Club alafnst any liability cause of action, expense, obliS8lion or othe:c matters arising out of the use of the OWe's facilitie~. inch.....1inW l'easonable a.~lOmey"s fec(.) and court costs ifthl; awe is caused to retain or suffer same whether for pre-suit o~ appellate representative. gCUIUTY DF.POSIT AND KENT..Al__.m All payments li.rt to be made by eh~ek or mone)' order. LESSOR c;ANCE~J..AT,tQN I f the BO)'"l1tOII Woman I s Club building is deemed to be uninhabitable due to circumstances beyund the C'onu'o\ of the Boynton Woman's Club, Inc., (i.e. hurricane evacuotion), every eflbrt will be madt: LU rcs~hedul~ Lt'~ce's event. If thot is not pos~1ibl.e. all deposits and rental rees will be refunded. . !'J In witness of l~e above, ellCh party to this .snemenlw cauded lIto be executed at ~ ~_ lPlcu'e olext!culionj on the .llida1ej. Lc.",s BWC AUIJ.c.rizcd A".n:!.4 Pase 3 ot' 4 L.....'. inltial~ '0' 1~~qY~T2~CRA . East Side....West Side....Seas.,de Renalssance / TO: ,/J!IJ "{IN---. !3 W OJ FAX: 3ro 9 - ~7 tfS FROM:~ RE: 3/ i 1/10 {! - iJ ~ (1;;1(.. o URGENT PHONE: (561) 737-3256 PAGES: ~ (including cover) DATE: c// l-3 II () cc: o FOR REVIEW 0 PLEASE REPLY COMM1J_ If~ -- cJ ~ ~ Vie ~J-j ~ S'tJJfhUt& rI A a1uJ1 A1-IUMI :- r2/J fl~ AkJ ~ .y ~J!. hIJAm". Lt'l. f t ~~'~. . '-."' l rr\ (j , . 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.org p, 1 * * * Communication Result Report (Feb.23, 2010 5:12PM) * * * 1) 2 ) te/Time: Feb, 23. 2010 5:10PM F i 1 e No. Mode Destination P g (s) Resul t Page Not Sent --------------------------------------.-------------------------------------------------------------- 1973 Memory TX 3698745 p, 4 OK --------------------------------------.-------------------------------------------------------------- Reason for error E.1) Hang up d. 1 ine fai 1 E. 3) No a n s.w e . E.5) Exceeded max. E-mail size E.2) Busy E.4) No facsimi le connect ion u~tRA iii .....tSide~w.....Slde~_".1lanalsn1lCO TO: Jillo.n- B W~ FAX: '3101 _ g-j4s PHONE: (561)737-=.1 Cc: PAGES: 1. llndudlng cov"" Ri: 3/ /'fIIO 9 _I) t1A<<- DATE: i/r~ lID ~ 0 fOIl RMEW 0 rLlASf Re'LY FAX ROM:~ COMM~.~_ rJ~~ . Vk .JuAr:k.J ~ f" Sv..hf!'Uz'z(~ A aA.uJ{ .At IJUMI - t2J ..1.~ A-# JJ ~, ~ &u ~ Ci, 1MJh 1t? 915 South fed.",' H;rhway Boynton Be.ch, Florida 33435 Ph:S61-737-3256 Fax:S61-737-325S www.boynl:<lnbeachaa.org FEB-23-2010 10:34 FROM:BOYt~TON WOMRNS CLUB 56j 369 8-,'4:' : 7:373258 FAX coveR SHEET BOYNTON WOMAN'S CLUB, INC. 1010 South Federal Highway P. o. Box 1135 Boynton Beach, FL 33425 !561-369-2300 bATE; TO: FAX NUMBER: ~-'~ . . ~~;;;-A J 10 '7 3:J, S' ~ FROM: FAX NUMBER: D61-369-8745 NUMBER OF ~A6ES: \.. ~ (Including fax 6~) ....J Tab 6 Bright, Lisa From: Bright, Lisa Sent: Wednesday, June 16, 201011 :30 AM To: Bright, Lisa Subject: FW: ULI Sustainability Community Pilot Project Area From: Bright, Lisa Sent: Monday, March 22, 2010 1:55 PM To: 'jreguez@aol.com' Subject: RE: ULI Sustainability Community Pilot Project Area Cool. He travels the state. I will find out him next time he will be in Palm Beach County/Boynton and let you know his availability. From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Monday, March 22, 20101:41 PM To: Bright, Lisa Subject: Re: ULI Sustainability Community Pilot Project Area Ok thanks. Yes please setup meeting Sent on the Sprint@ Now Network from my BlackBerry@ From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Sunday, March 21, 2010 10:12 PM To: Bright, Lisa Subject: Re: ULI Sustainability Community Pilot Project Area Lisa, I just saw this.... Can you tell me what is this project and its goal? Urban Land Institute (UU) IS an international real estate think tank. The Boynton Beach eRA was selected through a competitive process by the ULI's Sustainability Committee for the development of a pilot sustainability project One of the goals of the Downtown Master Plan is the creation of' sustainable development initiatives Commissioner Ross has been involved with this project from the begionnng due 10 her being tapped as the "Green Commissioner.' The goal of this collaborative effort is the creation of' development incentives that encourage the use of green technology in projects. This deliverable will be used a~i a best practice throughout the UU's international network. Dr. Jim Murley, the Chair, of the ULl Sustainability Committee would like to meet with you personally to discuss the project Would you like for me to set this meeting up for you? Here's the link to his web page at Florida Atlantic University. tlttp:/Iwww.cues.fau.edu/aboutusfiles/murley.htm. This was sent out with one days notice, we should have probably called...this meeting was announced bV me during executive director comments at the eRA Board meeting last week on Monday. I also left a voicemail at 628-5792 about a nurnbel of issues If this is not the correct number to reach you, please Ie! me know Best, Jose (\h: / 1 h: /') ()l () Tab 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 rather at the front entrance. She requested consideration be given to her because visitors to the Marina made It a practice to knock on her door for information. Chair Rodriguez agreed Ms. Simmons had a valid point and believed the continual interruption by visitors impacted her business. As such, he requested staff come back to the Board In the near future with recommendations that would best serve Ms. Simmons, the community and visitors to the Marina. The motion passed unanimously. G. Downtown Master Plan Implementation Strategies and Funding Options- PowerPolnt Presentation The Board recessed at 9:28 p.m. and reconvened at 9:34 p.m. Ms. Brooks provided a brief histOry of the Downtown Master Plan (DMP). The process began in 2007 and was completed in March 2008. The DMP was adopted in January 2009 and amended to CCHef policing and Infrastructure costs. Goals and objectives included the creation of public parking and gateways, redevelopment of the Marina, green building, historic preservation, public art, public events and activities, marketing and promotion, affordable housing, economic development, job creation and community policing. With regard to public parking, the CRA purchased half a block at 1st Street and 1st Avenue to provide pa.rking for the Old High School. In addition to the 126 public parking spaces owned by the CRA in the Marina ViHage Condominium project, the CRA would have 100 publiC parking spaces in the Promenade Condominiums. The CRA designed the entryway feature for the Marina at the east end of the downtown area. Wayflncling signs were purchased for civic functions helcl downtown. The CRA purchased 24 Marina slips and the dive' shop building to preserve the marine economy in Boynton Beach. A structure north of Two Georges Restaurant was purchased to create public access to the waterfront. A Master Plan was created at the Marina to enhance public access to the water and new piers, pilings and docks would soon be completed. The sum of $2 million had been received from Palm Beach County for the preservation activity. A green incentive program, which induded brownfteld destgnatJoos, had been drafted. Staff was working wfth the UU (Urban land InstItute) to refine the program so that it could be used In other dties and areas of the country. 23 C) ~W 0.... =<C ::)0 100 z.... WUJ Ww r.t:::E C)o 10 ..... ..J::) <cO o C) I: o E CO I- C) o I- D.. CD > -- ..... I: CD o c CD CD l- e> -c CD = CO .... C -- ..... CO I: C) -- tn CD C -c - CI) -- II- I: ~ o ?- m II- o I: o Q) I: -- .... CD E 0:: C'CS o .... ...C) ::::i e :::)D.. .c G) ... > -- -- ~c C)G) I: (.) -- c ~ G) I- G) o .... ~C) -- ..... CO CD .... o . . . Board Meeting - April 13, 2010 ;; 09 1 Mr. ORLOVE: I mean, I think it would be beneficial.. J 2 know live been an observer of CRA Board meetings and I have been 3 involved from another aspect urn, as an observer, urn, but I 4 always like to learn new things, so lid be, lid be interested. 5 Mr. HOLZMAN: It's something that could be uh, worthwhile, 6 so 7 MS. BRIGHT: Okay, yeah, I'm not looking Iti1 like June. I 8 know that there's a lot on everybody's plate. I just kinda want 9 to know. 10 Mr. RODRIGUEZ: By June, they'll have it down. 11 MS. BRIGHT: I don't think so, but that's okay. 12 Mr. ORLOVE: Is their a test? 13 Mr. RODRIGUEZ: You passed. 14 Mr. ORLOVE: Yeah, right. 15 MS. BRIGHT: I have a couple of more things I need more 16 direction on, sorry. I'm trying to move it along because I got 17 a 9'0'c10ck. If you'll look down under future agenda items 18 Mr. RODRIGOEZ: You don't have it on the clock by the way. 19 MS. BRIGHT: We do have one. 20 Mr. RODRIGUEZ: I'm just telling you, you don't have one. 21 MS. BRIGHT: Don't you want to meet Dr. Jim Kurely of the 22 Urban Land Institute. He committed 23 Mr. RODRIGUEZ: I'm in lea.dership Palm Beach County all day 24 tomorrow. 25 MS. BRIGHT: Oh my God, I gotta, don't let me forget to my . ------_._...~...,..._- .~..~-_._._--"._~--~_._.. - _.__._--,.__.."._,....._-~--"_. New Wave Depo LLC www.newwavedepo.com Board Meeting. April 13, 2010 210 1 car to text him not to come, okay, 'cause he's coming from Miami 2 to meet you from the ULI Sustainability Committee. Alright, 3 never mind. 4 Um, number B, the discussion of goals and objectives for 5 period ended September 30. In my discussions with Chair.man 6 Rodriguez, he has requested that I bring to the Board a list of 7 specific objectives identified in the budget and tie them to 8 some, you know, specific deliverables. Um, he asked me that I 9 bring this forward as soon as possible and as additional request 10 was also to recommend changes to the evaluation of the Executive 11 Director based upon some changes he made um, last fall to it. 12 What I need from the Board is evaluation of the Executive 13 Director, is the Board's purview so if the Board wants to change 14 after seven months how we've been evaluating me, I would want 15 that in a motion so that I would be responsible for bringing it 16 back instead of just do~ng it at the request of the Chair. The 17 Chair needs the support of the Board and I would also need a 18 request, motion from the Board if they want to change the 19 evaluation that that's also a directive that I do it. Because I 20 don't really have time to waste time so 11m just trying to find 21 ou t what the Board wants to do. 22 Mr. RODRIGUEZ: On both those things, the first thing is 23 there's a budget that we have in place and there's projects tied 24 to the budget and so what we're trying to do, we have a urn, 25 State of the Union address that we have to do at the Chamber, New Wave Depo LLC www.newwavedepo.com Bright. Lisa From: Bright, Lisa Sent: Wednesday, June 16,201011:22 AM To: Bright, Lisa Subject: FW: The Mayor just cancelled on me. you do not have to come. I will bring it forward in May Importance: High From: Bright, Lisa Sent: Wednesday, April 14, 2010 12:14 AM To: 'Jim Murley' Subject: The Mayor just cancelled on me. you do not have to come. I will bring it forward in May. Importance: High Lisa Bright Executive Director Boynton Beach eRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737-3258 (fax) brightl@bbfl.us AI /1. /' 'I'*\f\1 f\ Tab 8 Bright. Lisa From: Bright, Lisa Sent: Tuesday, May 04, 20102:46 PM To: 'marlene_ross@yahoo.com' Cc: 'Jim Murley' Subject: Memorandum of Understanding (MOU) for the ULI Sustainability Pilot Project Importance: High Vice Mayor Ross, CRA staff is working through the Memorandum of Understanding on the UU Sustainability Pilot Project which should be ready for the eRA Board in June. Mayor Rodriguez was not able to keep his meeting with Dr. Jim Murley http://www.cues.fau.edulaboutus fileslmurley.htm who will be spearheading the project. Since you are the "Green Commissioner" and have advocated for this project as a team member, it would be beneficial if you could meet with Dr. Murley or at the very least the two of you have a conversation before the June CRA meeting. Please let me know how I can assist you with my request. Sincerely, Lisa From: Julie Medley [mailto:Julie.Medley@ULI.org] Sent: Monday, May 03,201011:17 AM To: Bright, Lisa Cc: jmurley@fau.edu SUbject: RE: Update - MOU Hi Lisa, Unfortunately, we found out that we did not get the grant. We were very surprised and disappointed. We are hoping that once our work gets off the ground we can possibly get some additional funding although nothing is certain yet. We can carry forward without the money as we planned to do anyway since our committee. work is on a volunteer basis. As other expenses come up - workshops, material printing, etc. we can seek funds. Do you think without the specific ULI grant money that the CRA would be able to contribute towards the project? Did you get a chance to email Leonard Townsend back about the MOU? He is drafting it and wanted to get a little feedback from you first. Thanks, Julie Medley Director ULI Southeast Florida/Caribbean 954-783-9504 www.seflorida.uli.org VLI's mission is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide From: Bright, Lisa [mailto:BrightL@bbfl.us] rI<::./1 <::'/""!f\ 1 f\ Page 2 of2 Sent: Monday, May 03,201011:04 AM To: Julie Medley Subject: Update - MOU Importance: High e, Do you know if national gave us the grant? If so, how much? Do we have any idea how much money ULI would want the CRA to contribute? Lisa Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737-3258 (fax) brig htl@bbfl.us 06/16/2010 -_._--,-- Ii I I I i I I Tab 9 Bright. Lisa From: jreguez@aol.com l: Friday, June 11, 2010 3:57 PM To: Bright, Lisa Subject: Re: July is better...any day Best, Jose ----Original Message----- From: Bright, Lisa <BrightL@bbfl.us> To: jreguez@aol.com Sent: Fri, Jun 11,20103:51 pm Subject: RE: VVhat days will you be travelling for June/July so that I can coordinate the meeting? Page 1 of 1 From: jreguez@aol.com [mailto:jreguez@aol.com] sent: Friday, June 11, 2010 3:09 PM To: Bright, Lisa Subject: Re: lisa, i know that at one time i was to meet the ULI person...can you make that happen....please ..thanks.. Best, Jose ----Original Message---- From: Bright, Lisa <BrightL@bbfl.us> To: jreguez@aol.com Cc: Jim Cherot <JCherot@cityatty.com> Sent: Fri, Jun 11,20102:34 pm Weekly calendar is attached. Lisa Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 561-737 -3258 (fax) brightl@bbfl.us 06/16/2010