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Agenda 07-10-18 t 'k i4"BOYN �r v H Y,1 RA Community Redevelopment Agency Board Meeting Tuesday, July 10, 2018 -6:30 PM City Commission Chambers 100 E. Boynton Beach Boulevard 561-737-3256 AGENDA 1. Call to Order 2. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Legal 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda 7. Announcements and Awards A. Music on the Rocks 8. Information Only A. Marketing and Business Development Campaign B. Public Relations Articles Associated with the BBCRA C. Public Comment Log 9. Public Comments 10. Consent Agenda A. Financial Report Period Ending June 30, 2018 B. Finance Department Purchase Orders for amounts exceeding $10,000 for the month of June 2018 C. Approval of CRA Board Meeting Minutes- May 8, 2018 D. Approval of Extension for Divine N Corp, d/b/a That's Amore's Commercial Facade Improvement Grant Programs located in Casa Costa 11. Pulled Consent Agenda Items 12. Public Hearing 13. Old Business A. Project Update 211 E. Ocean Avenue, a/k/a Magnuson House B. Consideration and Discussion of Fiscal Year 2018/2019 Budget C. Boynton Beach Boulevard Streetscape Improvement Project Update D. Sara Sims Park Project Update E. Consideration and Discussion of the Letter Submitted by the Community Caring Center Boynton Beach, Inc. (CCC), for their property located at 145 N E 4th Ave, Boynton Beach, Florida 14. New Business A. Consideration of the Rental Agreement with the Boynton Beach Garden Club for FY 2018/19 Meeting Dates at the Historic Woman's Club of Boynton Beach B. Consideration of Use of the Historic Woman's Club of Boynton Beach for Two Community Caring Center of Greater Boynton Beach, Inc. Events C. Consideration of Award and Contract for Responses to the Request for Proposals for Graphic Design Services D. CRA Board Discussion and Consideration of Executive Director's Annual Performance Review 15. CRAAdvisory Board A. CRAAdvisory Board Agenda- No Meeting July 05, 2018 B. CRAAdvisory Board Meeting Minutes- June 07, 2018 C. Pending Assignments 1. None D. Reports on Pending Assignments 1. None E. New Assignments 1. None 16. Future Agenda Items A. Consideration of Pathways to Prosperity's Second Quarter Reimbursement Revised Request for the Nonprofit Organization Grant Program B. Consideration of Responses to RFP/RFQ for the CRA Owned Property Located at N E 4th and N E 5th Avenues, a/k/a the Cottage District C. Consideration of Responses to the RFP/RFQ for the MLK Corridor Revised D. Budget Discussion Revised E. Approval of Board Meeting Minutes- June 12, 2018 Revised 17. 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 TESTIMONYAND 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 WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.A. SUBJECT: Music on the Rocks SUMMARY: JUNE MUSIC RECAP • The final Music on the Rocks event of the season was held on June 15, 2018, and featured the band Wonderama. • Due to light rain showers, the event ended early. • Thirteen (13)feedback surveys were collected, revealing the following information about event attendees: • Connection to Boynton Beach: • Resident- 54% • Work- 15% • Leisure -23% • Visiting - 0% • Heard about the event via: • Banner-12% • Flyer- 6% • Social Media -29% • Friend -41% • Website - 12% • Age Range: • 20's -8% • 30's - 16% • 40's - 16% • 50's -46% • 60's - 16% Sex: • Male -23% • Female - 77% EVENT MARKETING Alco Capital Theaters - Staff created a Movies in the Park and Music on the Rocks screen advertisement that was aired before the movie on all eight theater screens as an opening to the movie from 10 am until 9 pm. Movies & Music ad will air May-June. $450.00 (Exhibit A) Social Media Campaign & Email Blasts - The CRA staff established a strong social media campaign on Facebook, Twitter and I nstagram. The goal was to keep the community engaged and informed about the events in June. (Exhibit B) FISCAL IMPACT: FY 2017 —2018 Budget, Project Fund, Line Item 02-58500-480, $3,455 (approximate) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D ExhibitA D Exhibit B JUNE 1g' 8.30pM �11,"M�-O-iiii-,-m rHE PARKon the ✓/ t6 VDRJCK ROCKS JUNE 15 6-9 pM IASI Exhibit 13- Social Media Performance for Your Post Boynton Beach CRA shared an event. June 1,404 Come ROCK Downtown Boynton Beacfi at our last#iAusloontheRocks event of the seasGnl 14 'wVonderarnp Band Fnod Truck Invasmn 14 14 0 Full bar I"TGIF-'LastShow 0 0 0 0 0 0 3 Fl2 , �,os! 0 6 26 9 X k's NEGATiVE FEEDBACK 0 0 Hid= 0 0 J-,wYci-,aoe FFU JUN 15 Music on the Rocks-Wonderama I-',oj,flton Beacrt CRA Boonton Beacli interested You We Boynton Beam CRA 1 4GA rtG0s reached View Pronlotjoit Boosted ofl Jun 01 Ay.jdipncp Milennial Vip"V Resdits -4aclil"i H,,�i man-saco,,-i Amcnlo Acxei and 1 ollr�ers Performance for Your Post Boynton each CRA Snared an event. ... Ame 4 a!3 18 P10 1,318 VondeTaiTa Land is heading to Boyrilon,Beacin!Don't MISS aur fast MUSIC on the Rocks concert of the seasong;;KlusicontfieRocks-"-",jp40's 22 c,ovrvler& 21 21 0 0 0 0 86 0 33 53 NEGATIVE FEEDBACK Music on the Rocks-Wonderama 0 Hk"e 0 1 U ,t,,ss 0 1p", a,� pa"n", 0 Boynton Beach CRA +(31t f1 Bear-fi You hke Boynton Beach CRA. 318 Jape t„ reached "M C., View Promotion El Boosted on Jun D4 Audience Elderly Demo View ReSul,6 2 Com"I""en[ Uke (_—j Comment Performance for Your Post Boynton Beach CPA ... fune 8 a!2:5Q,PM 1,284 Dant Miss YOLIF last chance to POCK OUT in Downtown Boynton Beach at Mjsic or-,the Rocks-Wonderarnal 31 23 23 0 6 6 0 2 2 0 �a 34 X NEGATIVE FEEDBACK 1 i Wie AP 0�k'F:', n ne Wfl �,'.az DUVI E Ifs .......... Boonton Beach CRA Lea m More �S,GDven, A 28-1 pmpe,reached, Performance for Your Post Boynton Beach CRA a. Putlisrea ck,Lk:irr,ldkjssa=n '. June 932 AM 1,510 Don't miss aur last concert ofthe season at MUSS C on the RocKs- Olonderarna this coming FpdaV! 475 24 0 5 4 1 64 12 0 52 IC:111 S, 0 Get More Likes,Comments and Shares NEGATNE FEEDBACK Boost this posifar$40 to reach up to 910 people. 0 1 ole Pr,,,r 0 1�u— V, 0 as srewl 0 (S) People have watched this video for a total;of I 18 ra", CO !Ir i<,-.rnetP,,kiun'� rdissy SLpa,,..ey anul F, Eb Like Fj Comment 4> Share Performance for Your Post Boynton Beach CRA shared an event ... June'i-lat6481"M ia 381 Can"t wait for Wonderama Band to close oul the Music on 11ne Rocks season this Friday with Food Truck I nvasioni s� 5 5 D S "".-n ,,,11 S,I i;'ie, 0 0 n 1 tt 0 0 0 kii 4 P,,�s' 0 0 4 NEGATEVE FEEDBACK PRJjUN 15 Music on the Rocks-Wonderama 0 4 k P Gl i"'lle A0 Fr�is Bo, Interested 0�R 0 LiW;t e Oaf.,,e w�nton Beach CPA- BaVnio,n Beach 'You IWe Baynion Beach,CPA AL 381 ppraple reached Linda Kovaik-.1,", E-lizab-.1-,Bai;fcl.andel I.,firkirs Performance for Your Post Boynton Beach CRA, ... June15;5'1734PM 497 Pe--cpii-, We spoke too soon in our last post The light,rain will not allow the band to continue tonight at our last...last#tAjsiconll,,eRcck,, 17 il n a i e� 5 5 0 Cn 4 4 0 N fill il n a! 0 0 0 52 ci,. 7 a 45 L i4c, AL 197, reached NEGATNE FEEDBACK 1 A SA 0--, E an I T nsjj Tr,-aa anl�1(-- .-Ahers Comrnerf� 0 0 dfWlf-,, Like Comment P��> Share Performance for Your Post Boynton each CR.A ... June 15 a�6-43 PIO 3 57 The fain has geared and Viandemi-na: Band is live at=if L1 9GG8lCh �Dc6Lti right now!Don't miss our last..lastsnow of1he seasonE & Al, 0 0 0 Rp [ 0 0 0 13 8 0 5 Vie""", L f V,�C�,6 r1k, V, NEGATIVE FErDSACK 0 0 WJ-�JU F 9z WL E, AL 357 p�ol--de reached (DVI,'mnr,JP,fai-�R Band Acxe!and 7 c1hers Ob Me CJ COITIMenr g> Share Performance for Your Post Boynton Sench CRA iinel5a-�233PM 258 Music on the Rocks'VVono-eiarna is tonight!F you haven-t had a chance'to get out and enjoy this FREE concert series,tonight is the night because it is ---n 1 S 1 ou r ias!cc)nce-1 of Me season 1 1 0 0 0 0 n iialts 0 0 0 ;.13,5 ""'n lc�s, 7 3 0 4 HTCRA FREE CONKERT0 JI�cvNEGATEVE FEEDBACK 0 Ad 'aCIF A 258 n sfri reached 0 pc'fl S 0 (D B I NI a i K C-,I jer ,A I iL'. r—) I"% t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 INFORMATION ONLY AGENDAITEM: 8.A. SUBJECT: Marketing and Business Development Campaign SUMMARY: -Neighborhood News - Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. This publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook. The July ad featured the campaign Beat the Summer Heat in Boynton Beach featuring the downtown restaurants. $450.00 (Exhibit A) Delray Beach Newspaper - The July issue of the Delray Newspaper featured a full-page color ad highlighting the restaurants in a Beat the Summer Heat in Boynton Beach campaign. This publication reaches over 15,000 direct online readers, a circulation of 12,000 papers distributed to 250 locations in Palm Beach County and a copy mailed directly to over 2,000 homes. $795.00 (Exhibit B) Gateway Gazette (f/n/a Boynton Forum) - As part of the ongoing marketing efforts to showcase Boynton Beach as a destination, the CRA staff allocated funds in the budget for an ad in the Gateway Gazette (formally known as the ) serving Boynton Beach, Lantana, Hypoluxo, Atlantis, South Palm Beach, Manalapan, Ocean Ridge, and Briny Breezes. The Gateway Gazette is featured in Wednesday's and Sunday's Sun-Sentinel issues. The ad was also available online at www.sunsentinel.com/community/gateway-gazette/. Every month the ad has a different theme to support the overall mission to promote downtown Boynton Beach. The July double-page ad featured the campaign Beat the Summer Heat in Boynton Beach with a listing of the district restaurants. $858.00 (Exhibit C) Coastal Angler - A quarter-page ad in the Coastal Angler Magazine featured Beat the Summer Heat in Boynton Beach, highlighting the waterfront dining at the Boynton Harbor Marina. Coastal Angler Magazine is a source for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulation per month in Palm Beach, Broward, Dade, and Monroe counties. $265.00 (Exhibit D) Social Media Campaign & Newsletter Email Blasts -The CRA staff established a strong social media campaign for business development on Facebook, Twitter, and Instagram. The goal is to keep the community engaged and informed about businesses in the CRA district #HitTheBiz. (Exhibit E) The 7th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash PTV (Pirate Television) videos - It is that time of year again and staff is gearing up for the 7th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash marketing. This year's marketing intuitive consists of a series of PTV (Pirate Television) the official news channel videos on social media. The objective is to promote various components of the event - before, during, and after. This campaign consists of (5) pre-recorded videos offering a Proclamation of the event, "Sneak Peek" Mermaids sighted on the Boynton Beach coast, location change due to Town Square construction, a live interview with Capt. Jack and Mermaid Shelly. Series of (5) videos. $2,075 (Exhibit F) FISCAL IMPACT: FY2017-2018 Budget, Project Fund line Item 02-58400-445 -$121,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D ExhibitA-D D Exhibit E D Exhibit F Exhibit A- Neighborhood News R L,PA�T T 1-1 E S U M M.E R.. H E AT HURFJ- Al`GC,,yy A LT EY TWO GEORGE'S R.A-NA11TABOAT ...t. 529 E Cknan Ave. '29 Casa l ma Blvd -0,39 E Ocean Ave.. 1 ' E � 'i•Yi. �.� r�,>iS sir,, 4t`U� a`h n ..�.. BLLEE�_ � S BLI Li..F MARINA. l1E r,d.-.1�-1V CATCH 640 E Chzeau Are. 100 NE .StRet 700 E sWoothyi&Rd. 1 i S � 1 `. �aa�. ttMW`,. .. DEEP OCEAN REEF SWEETWATER DRIFTWOOD 1600'�Federal Hwy 1,907 S,Federal Tien,-' 2005 S l edegal Ham- Exhibit B- Delray Newspaper B5( BeaoC - � rx inti �w � � �,� � �}�� _ ��7'II RC A,•UI;v SS x S HL= AYE ALLEY TWO EO .. E' B k A-BOAT 529 E Ocean-A-%,e,. 7`,9 a;A- Loma Blvd 739 E Ocean. -,-e- ,t tlf ppe�rr pp�� - . i i1a`t h 2 Ly V. �., ,�.... ,..�tud��r,i.��s�`'��sh,��,'•' .. ,� w`�z �� e. t1`-�, ''�`ilk- �7 ' z�� .�& B-AILEYSBLENDZ UkRIN7, i CAFE. .CATCH 640 E Ocean-Ave- 100 Street 700 E laoltas ?$ s �EV: 411t 1 � kk4 } I,t DEEP OCEANREEF SWEETWA= DRIFTWOOD 1600 NFedeAml H%vy 1507S Fedend Hwy 2045 S Federal Hwy WORLD k0--`1ASS DINING9 AL ��,,',,,�UMM.Ek BOYN KF 1 , EAT iwiiiiBE C� 1,CRA Exhibit C- Gateway Gazette Bjfl B W t t3LAT —C'11C SUMMLP, [IEAT IIAfaa,91 11V1IIRI A'V I,SINI" III I P OURII I ll51 7 11 Fi .' 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[AFP FfANKIF."5 P .61,36¢40.118 �..,..,. 10 I`.OCT 11 IAT. 11'. 5 4a'Jij"�ir r - ho L1732 3ft34 FIFFF(l FAN RFFF Sb3T.FMT ATFR DRTFTR'OCIn If00 NFcderal Haw P507'S Fulernl Nny 200 SFoAcvul V1O D CLASS DINING ALL SUM E — �.BEATTHEHEATBB BOYNTON "BEACH C Exhibit D- Coastal Angler I' r ` t w � Exhibit E- Social Media Performance for Your Post Boynton Beach CRA shared a Pape ... June 1 0 336 Vi better vi to KICK l hurricane season than with happy flour at Huai cane Alley"Head aver Tor$5 appil and drink specials from 3p2n to i3pirr, �-BeaiThef-ieaLBB 7 7 0 -AI 1 0 0 1 0 Like Page 0 0 0 A ",36 peoirle reached (Doldar,1 ,11 riciw'd loanir Uil C, F7,mi-li 0 0 a kI, d5 Like Comment Share NEGATIVE FEEDBACK 0-!Or Performance for Your Post Boynton Beach CRA shared a pralro Jane 2 al 1 17 Pit 43 75 a -o Say il to the summer lorecas1l at-i,,,,oGexges vVaterfiront GrNiel It a looking delicious and rO of live music'#1 IlTheSlz#Be9ir"I rl 5 il 4fl 4 0 41)"i,i1 0 0 0 17 F1Vaia 0 14 NEGATIVE FEEDBACK U. IN 0-211,F c 1, 0 "'m 0 0 Iii Georges Waterfront Grille i Like Page 'Araii 0 5UNWER SPECIALC are finally ilei,at 1,,i,Gioraes'H 1 l,RL,Sp—al W-.1,;Ia,E a kine E11 70(.0 dzIv i Two See Male AL 7lS p-lr-..l ria E3,311,a, CGm Galjr.-Fadl anO I iia€s. 1 hart Like ,j comini t-� Share Performance for Your Post Boynton Beach CRA sharer?qn,evem ... nez 330 What's a great t as to kick-off summer? ShoppingE 3 t- Checkout Amanla James Gal£er)Salel "Beat-I llelleatBa- 3 3 0 #-litTheBiz L r-,n', r I 0 0 0 t 0 0 0 42NO"Iml 0 0 4 j Cmv1 NErATWE FEEDBACK TF!Lj JUN 7 Got Out Of Town! SALE — "0"1 (M G, is Amanda james Gallery Boyrilor,Beach Interested %P AH AL 333D pc;,.,jreached 0,- -Knill arcl�,I Like curnment Performance for Your Post Boynton Beach CRA shared an event. ... 653 Next Sunday,Troy's Bar-Be-Que is kickog off the surnmer with mus c.craft beer and fafl off the bone BBQ.�HitTheB!7--.BealTheHeat --AAMLL- 7 7 0 'C'n S"'nafeS 1 1 0 0 irve (_";l Cr"CIT r,q 1 1 0 rrinne f tl t"C", al s 0 0 0 29 os' SUIN.JUIN 10 0 0 29 22nd Anniversary Party vi-vs, r.iW,,c ,,,A!�,-K, i TT101,1'-,Bar-Be-Que Boyinton Bea,li Interested NEGATNE FEEDBACK Kerson likes IhIsplace 0 0 JL 85.3 p G c p 14=reached N 010 slT,arcnon Carla R,.Q.MdtFe,-' iDd 1--,lolllers C(j 171,!1-,e n Like Comment Video Post Shares Snetncs for all 06 Performance for Your Post Boynton Beach CRA Ruhirched by A7 m Huiz,,Rtn junp-al i=`:'S PNI 2,389 Get out on the waleF,,vlth rililleffirne Flshrng Charters and fBeal,Tlrerieat this summer'-kHit TheBiz#Frshing 851 %,,ce,) 78 45 14 31 3 3 0 0_oriE .l 13 1 12 17 17 0 163 No Get More Likes,Comments and Shares 37 0 128 Boos lh!'S post for$40 to reach up to 910 people. i", '.1:� OFveq 11 2 Kj-_,eople reached NEGATIVE F E EDBA C K 0:i nllh!l-o-s: c F, _ern Ri c h a r,,C,wor and.1��-orats ! -_'or-lyient le"sliaes 0 R"t""oll < F'V,_,,cm 0 Pa,,,� Like CD commert k4> Share T,61'; Performance for Your Post Boynton Beach CRA shared an event. 5 a7 8.5,ANI 0 483 It's cheese pizza Tuesday That's Amore!Step by and grab a store today! 0 — thebiz 7 561-i36-4100 6 6 0 C41 tl,.!F�, Cheese Pizza 1 1 0 F,va naf l� 0 0 0 $6.95 wn 0 0 0 "C'n Snall 14 0 014 Cheese pizza Tuesdays$6.95 That's Amore BovnicinBeach Interested NEGAl FEEDBACH "ou Ike Thai's Arno3e 0 0 0 i.. 0 AL -16'1.,copdc reached <Do Bailei, B,anu r0y& ard.1 nlllerz [b Like Comment Performance for Your Post Boynton Beach CRA ... 4,332 Let Snearology Salon help you#13eat-TheiHeat this summer vvith a new iooKI HjtThe6iz 1,745 rl 299 158 31 127 69 15 54 C=r.po� n S1 i,.'j e 7 0 7 40 6 34 25 25 0 Get More Likes,Comments and Shares Boost this past far$40 to reach up to 910 people. 664 A 4 33213e.opF-reached 104 It sea v, jjne� (00 Barb,Lentz_Atfson,Hernano-,z dl o 43 P Coi-,nrnen'Is 25 Shales NEGATIVE FEEDBACK 05 Like Comment AD Share 0 Performance for Your Post Boynton Beach CRA&hared a photo, I-in e,F , 12:30 PM 44 e i. Don't rnsss Cra.,v FRrigers onight at The Fash Depot Bar&Grillel Take some photos and tag#BeaiTheHea'BS to share the franc —--- ---------- W 2 2 0 I iKeS "'n sna 0 0 0 F n,2nal 0 0 0 CMF�Ov s,ri a e- I OIL tL 44b St.,RUPW Beatt FL 3US 3 Aej eaw 1 0 2 43 Y to fe Flhfl-1�1,)Vltvcs- .,wl" NEGATWE FEEDBACK 0 - 0 Cs V 0 P o n a Wea6te.u&yo Vane J11AW" _t_Ma. 7pm ................ These guys we ready t # r you!So,Come on down' and DIVE I'M with its while enjoying the FRESHEST seafood around! *Do Not Miss Out on these guys ........... wig ww.A*_%"p_6J:._n_9_t `WW,W_,.tTW% P_0,fi.n-a f The Fish Depot Bar&Grille I& Like Page June 5 at 7r55PrV1 Ci Performance for Your Post Boynton Beach CRA ... Pthl ^e4t.,r rrHu,s�rI ' 431 Congratulations to Molly Connellfor winning our May srIcvnesinthePalk Social Media Contest'Have fun at Deep Ocean Reef Bar h Grill and I'+.Marina 180 Cafe Sot Mon'-HRTireE jrz P.S vue only have one more contest of theseasanl Stay tuned and d'on't 9 forget to tag a Mono,share and Xyl � k� 0 0 0 r u Ott z a o 13 .- { t tit,trt t7lj _ 5 0 8 NEGATIVE FEEDBACK 0 Get M.n.Likes,�Cnmment—d Shares Boost 0his posfl for S40 tc reach up to 910 people- JL Ylao—ldee is papul—ith+ -lr a t—eca ul an„;5-a1 of a L.AI r , _ J oinnrs 2 Srclres Like Commeart Shame x Video Post Shares tee Metric's oar i i i v Performance for Your Post Boynton Beath CSA as Publ,gned tv Aztm Hussain - j Il e 7 Ba 11 33 AM 1�) 446 y� Too busy to Fleas?The professionals at Imperial Maid service are here to help #H it7i hePiz 110 vlrll¢ �. i ] t a I 2 2 0 l ll k g w 1 2 Q 10 r,�� i r `I, �. Get More Likes,Comments and Shares WEGAThvE FEEDBACK Roostilhis past far 540 lor reach up to 510 people. i i, 0 t I r p,,,-slS Q Your video Is popular In Fioiida z tr�.f ,Y , . r=ia � t°tf t.• � ,� �. yd 6 v "an n�Vicki N triols�-Ilil y Like {or neat l Share t Performance for Your Post Boynton Beach CRA shared an event ... ru—7��I i Is?,M 166 Wind down vour week with a free restorative},oga class at YogaFll Studios kslltiheatz2 2 2 0 vs 0 0 0 0 0 0 0 0 a NEGATIVE FEEDBACK TI-O JIJ'11 7 0 Free Class-YogaRestore with Eva M 0 a", 0 YogaFll SIUMOS(Boyntrin Beach,FLa Boynton Beach interested 49 people irtecested JL 16F pclapl-reached Bafle%5ean an,,��Izic�ia 6ninKIt,, Performance for Your Post Boynton Beach CPA ... Pupg&ncd bv 6z;n-,,Hussain,11 june 8 ai IL04 PM 1,086 ; Head over to Two Georges'Alalerfronl Gi-Ilile. have a drink and enjoy live niusic evef)(weekend all summer#ong to help you--BeaiTheHeal in 400 Boynton Beach! ac 7 i, 34 4",7 23 is 5 4 2 2 1 1 0 6 6 0 49 0 41 Get More Likes,Comments and Shares d Boostthiis postfor$40 to reach up to,910 people NEGATIVE FEEDBACK. 9 Your video is popular in Fbf1da 0 ic e CE; 0 0 R!r ! 0 1, iso mirner,i w:Shane,-, Ob Uke Comment 4t Share Performance for Your Post Boynton Beach CRA shared an event. 'June 9&,13:00 PM 0 1,194 Don't miss the Art-fialk Bovinton Beach Art.DIStDri 1 week from today! 413e-aiTheHeatBE 37 35 35 0 '!:I-rane,? q ........... 2 2 0 C'n 0 0 0 :I-rane,, R 54 0 0 54 -4c NEGATIVE FEEDBACK SAT JUN Art Walk:Boynton Beach Art District 0 0 , Bav mon B e ar'I,An Disu U Boynton Beach It 0 0 Lj. Pllq� An 475 people. 11 �,D ",ri Ta! TV' AL r,,Oe reached Tin-'i,Marcfln5.Jackie Ffies-Epslem and 32 otrers 2 Conrm-ients [b LIk. Q Comment I Performance for Your Post SoKmqniBeaoPo CR.9 shared a phorD ... j,-a,t._ir 45 era 0 65 Head ever To Tio);s Bar-5e-Que night now and cetehfate their 22nd Anniversary!#Hiffhe3iz 7 4 t. 4 0 00 0 `1i-11,1, zi '-,I ir" 3 a 0 6; 2, 0 4 v NEGATIVE FEEDEACX 0 OT oii,, OR 0 10ISLA TR,l 00, A TANK 0 N 6 P M C1ME OMNOf�UBRUE WITH US Performance for Your Post Baynton Beach CRA sharer)a phoia ,•• ho says tams are just far TgesdYay?Visit Sass Taros today€ MThe5iz 5 r 4 4 0 ; } 1 I} b 0 Sy„,, tt i, .�, 0 S< < 0 0 3 - �Sa' NELAFBVE FEEDBACK g 0 ii� tl t i t � 1 Boss Tacos .4 Like Fuge -qac=,ntaat a,zc1? -, -, reached I K:il Like }C.—,- y';?Shz€e ...... Performance for Your Post Boynton Beach CR.4.sharer a past. ... J,;ne:35z 2360`zM 0 72 ' Fathers bay is this this%eekend?IAJant to spend some quality time z ilh Dad on the high seas?Book a hip with the Sea I list IIIc #5,ea=.TheHeaiES 7 7 0 ti n B E r 0 0 0 I 2 2 0 5 0 3 NEGATIVE FEEDBACK - 0: '!. 0a i t a Sea.Mist Illi .(r Ii Page A'ugos 3...2017 4,3 S,nd, !ti_Sf 27 2P17 4 A '.'a;en;;;= reached Si I .r.Ft cr' -,'oons ar [k'}Like (�D sYaRItP-h Share .....F Performance for Your Post Boynton Beach CRA shared an evprl. ... Jule'W s8 11 39 Ar,' i 213 Axcemls plays torlighi at The Fish Depot Bar&Grille!Stop by for some great music and fantastic food.Tag your photos with--scalTheHeatSE to 2 share the furl 2 2 0 0 00 "A 2 0 0 NEGATVVE FEEDBACK TF,u 14 Axcents at The Fish Depot The Fish Depol Ha,&Grille Brj}nlorl Beach interested 1-34 Paul and 2 friends Wv,this place JL <7;porrn reached kii, Like Comi Performance for Your Post Boynton 8eatih CRA PINI'led b,a< <ra, .s 1,—s,.snot Pw 1,533 who wants to win our last sTflo,esnrlhol`ar,,Social Media Contest of the season?l This month we are giving away BONUS gift ceviflrates to one 745 V fir'KY wmnerl To wan this last contest you hrusf tag 3 trends'7fle winner wirl be 71 announced Inlliefirst NeeRol[Jlh,gumperal f4aid Ser,ice of Boyrllon 13-clu Mill--F,al,ng ClIalela Sfieamcg%Sluc,,T-Georges 22 14 a VlaterTron'Grille I, M —.Tem 38 38 0 I �N w5 41, it 11 0 T 141,, I 0 0 ,0 G.,Me.Likes,C....r...d Shares Boas[his post for$49 to reach up to 910 people 9 Y..,video is popular 1,F loi,,, go)lrite 0 corn.— shnn, Performance for Your Post Boynton Beach CRA Shared a pho[o. 6az330Fa 0 64s>,. N©1 sure what to J.wttn pad lama.....?Take h,,,to T IWEIT3 FriiE1 �!i itThe5lz 2 1 1 0 F � - 3 r' 2 0 i it Tijuana Fiats d Like Page NEGATIVE FEEDBAGS neIAIN Q 0 d, 0 - F,4 p!'e,D d 3 ;Fath Da}..x_^291 gDad� F-E 0' -- 0 rill ftf:dall�e na tu,,K,,,ANC)a Caarl EEcdDde. ,n VI1,d nf 17 IP,ar„NO!.e 16 .n anY uli aff,'Vadat„"C-iln9 .. t .. Wall— AL a rrzxp,reached Vi.ki , II I Like 7J Comment "}Sins :.g Performance for Your Post Boynton Beach CRA snared a post. ••• Treat y©urssif tG a dedici©us RdaCd. nDjM!fFieal at DEBp 0-an Reef Bar R =HitTl]2olZ 4 4 0 1 0 7 1 0 0 0 0 �a 42 E i V t�St t 23 0 is .,J NEI NEGATIVE FEEDBACK 0':f 0 0, _. .�r 0 Deep Ocean Reef Bar Fr Grill., 322 neP"phoks, De liEnIs-X315. rip Lke Page.. June 2 F.1132 AM 0 - H_F, ..or.e rti.—E11„lm 19 hal ,.a e M D—I,F.,. "J.1 to Ya ti-g rae nave Performance for Your Post Boynton Beach CRA snared a PO•st. •«,. Summer is here]Don't miss Tantastic Tuesdays at SOLli Waxing masts to get your gergenus summer glow'Make ynut appointment today' 2 irur,d #UFaul ll 2 0 2 0 0 0 0 0 0 Inat", 261 ?� sf +it4§. tJJA rpt tbf�l�{tlir'Y` 0 26 'tier NEGATIVE FEEDBACK s vs1�1t Via; �- 0 - 0 3, r ,+, r,I if s, �e� SeoLmda Waxing Oasis .6 Like Page q Your video is Popular in Tlc,;id:.-:.. CrLgand ,,Liritl Like C-nrnent y,*>Share .....F Performance for Your Post Boynton.Beach CRA shared a pest. ... "me=O :n AM 0 213i+ Boynton Eeacto welcomes it's first escape rcarrd Join NO\rUS Escape Room Boy-ntan Bead Florida in¢heir Gi-and Opening on June 27th. 5 sl<: r aTi r 1",rrs€ HtThe6iz 26 26 0 o;: i 0 4 F 4 4 0 ` Un UG �. 5 5 0 ;inr-, 8 8 0 10 10 0 148 -_ 14 0 194 NEGATIVE FEEDBACK hFC7...VUS.Escape Ro+Srn-Baynton Beach•Florida ,tome 26,,r E 25 Anti_0 .6 Llke Page ovs are-rcfte to arno nee tna of nitro A':,'CiVllS E .pe Rao r Eoyntorz Besch- Florida t in_da,, +ne 77inr Game times are now available for nbolong by v,slting oury el,,bo idhus!nl -rno.-a F!,Page. Performance for Your Post Boynton Beach CRA sMarea-i pos! ... ump 11 z,2 01 Pel 0 114 Have you been toiflnxood Bovntrin Beam 4ep f6eallliefieai66 with a handcrafted cocklW,some fresh seafood or a 6 touch of southern comfoO 4 4 G Take A Site Out Of Boca rf IInk. 1k Uk.Fags I—�P x 603 FM 0 0 G 2 2 0 r,v-, C 46 0 26 20 NEGAT'NE FEEDBACK 0 A: A4 TAKFASITECUTIGFEC)CACCIM Driftwood is a Welcome Addition to the Neighborhood in Boynton Beach AL 114 p ,pl —hed HAI 1��-Jmrl and�C�I—rs 2 Fn.3rII i�Like �cnu—nt Sh— Performance for Your Post Boynton Beach CRA shared a post ... Jjne22avI2:30PI`VI ki 322 1 of the only 2 restaurants that made the list is here in Boynton Beachl 'BeatThe, HeatBB and dine al fresco today! 9 The Palm Beach Post. Onlik Like Page 5 Fun�22 ar v 3 ANI, 2 2 0 1 M 2 2 G "a "s :41 131 s, 10 0 79 52 NEGAME FEEDBACK F�Ios � 11 0, de 0 PALMEEACHPOST.001V 0 1,-Ze")I,-1 Y 0 MNh,,e I- Really?Only two local,restaurants make OpenTable's list for'100 Best Outdoor in America" A -522 people reached 4D 13el:h 3t�.Key C.n-sirgier-and 3 olnefs COMME1RTS 2 S)ian�,Ls Like Comment share Performance for Your Post Boynton Beach GRP,e,tiared an,even! �^• t, ineZa,sds,M, 0 359 Next Friday IS YogaFit St.1 ic4 1 Year Anmver3ary Party'Don't missthis +] event which C'u1lfEatWfE FiMQd_t.�115lC,P'r€PES L6Ca?ti'2(1d6r5 2 FfEE 'i',:a c 'Massages,Yoga Demonstrations,ano mach more' cHrTh2Blz: 2 2 4 D 0 I} 0 o 0 . , ..,. 2_, B r _e ;:" ,n NEGATIVE FEEDBACKFR'r TUN 29 a . •, �s Anniversary Parry-Open House vogaFit St,,jnios(Boygt(fn BEac<s FL) Btt•gntat BCactH hrtesested .. n <,_ ;ro is Health A-.c9, i vir reached Yo r F S_,A,-; Performance for Your Post Boynton Beach CRA ••R ,v Aide 7h at 100Pt;-4. 6742 c,, 1 e ¢_ 1=lake Votif reservation today car lqf!i,lnns+.,a'e Pap-Up[Dinner an Saturday, Jane Wthi Beats heHeat9E3 0y savonng the lanai flavors' 32 {+� wti LN d r f •` ` J n r u,U ij ,w. 7 5 2 7 1 0 2 1 1 pra !'=- J'I -> tiz la; u 2 2 0 � z L i ititii�r rt �tV tr71J� � 2 'r-. , ' ma e �n �=.� ��, tL.rl�•rn�Y, tf.��{.tt��1\, iNFUSIONSCAFE COM 0 14 11 Infusions Cafe—Meyers of Fresh Ingredients Hone V,e are a hille hafd io tmn we are locatea in the Secret Garden 491 NEGATIVE FEEDBACK 0!Ir 0!It�tP AL 12 p'op;reached o pe " o n q;r„ Y L.."s:= „"S'='Ir li .'I rr fit,a i>ar ar"or , �ir'lit+_:;:26311',futrr;�'�lr n r."lfl lh'er r l Coria ,re i. ; hares Like �_j Comment t Share B Performance for Your Post Boynton Beach CRA shared 9 videc, ... 'Itine.".qE 1 ui, o, 0 84 Book your escape at NOVUS Escape Room-Ba,,,nton Bcach-Florida todav, 3 & 9Hjl I hpBiz 1 0 1 1 0 1 1 0 A 10 3 7 NEGATIVE FEEDBACK 0 Novus Escape Room Trailer Learn More 0 a NOVUS Escape Roont,-Boynton Beach-Florida Ob Like Page Bar. our,qrr,-no,,,,,an ftn0a novumscappmefr.coniDookle#,scapercorn #Uuynkonmach FLcr1dE A j,'pcolrAe reached sharF, U5 Like Commem 4) share Performance for Your Post Boynton Beach CRA s9tted a ph"D jt,r)e 27 ar 7 36�PM Qr 00 Seats are sidl available for this Saturday's Pap,-Up Ginner atInfusions Ca'-" Make Your reservation today] —HAThe'Eiz 1 1 0 0 0 POP-UP 0 DfNNER -,r w", w, This Sc CRYddy June 30rlr at 6:30 $35 parperarin I a 3 0 �astrvt your,irallile'Tanial!!5,61-579-0272 luals 10 2 0 a NEGATIVE FEEDBACK 0 0 SMALL PLATE' CAIEFS TA S T[N I, DIS'lli,'S !JAIAT Krrf,You GUHISS,ING WHAT WILL COM,I,,' OUT NLXTI Infusions Cafe .6 Like Page ,,we 27 m I?C,2 W 01 "...§ Gut meld�.Wl—qnd j.1-1 W S.111111ay"Iliht I—GUI-NARY ADVENTURE Rewe e pw itiIII,,,ddcfl 1 S-1272 A 61,;e:�u a reached J%e�;tn rjr, a r; j��I-Ek. C."n—L share. I I Performance for Your Post Boynton Sti CRA shared art even*_ ... ti. 7e FM 0 996 Turn aor Wednesday Into VV—dayt Visit TI,I s Amara_' WinesDa{H�r y! 1 7 D 5o%OFF It It+r€n 1 ek:�xrrN lieni8.s�' it 0 o 2 ,Ga S i6-4101) NE&AibVf EEE98ACK NEo.f,,N 37 50%off bottle of wine on Winesday That's Aurole Bevr[on>;eacw a trteresiad o t =..rr o —Yau like l hat'sAmwe AL 1:9rpe„grl reached ' ti,:+_li%!alp•, Like F)caniri R Performance for Your Post Soynton Seach CRA shared a pfiatru. ».. Rica 28ar 3i K AM 0 Bea TlaeHea[EE with a cold drink and fresh Micas from Boss Tacos' 7=_4h. „i r _ 0 b 0 ;cml ..r,%3 Po<l Cr,-niav �r 2 2 0 20 i �� ty '- fr iA II 1',=s� .✓s, 3 ,;r.,.: ,r .. - c r I.Anve EEgoaAeus A=:r'le 0 , gra. ,a I mN, ',. Bossy Tacos t`Like Page ;Fay 1G 2017 5 Har;c a -e,_ the--m-d-lrWeSr Lei your tin—rb be the a 4 salisror �ajr,el,m7h,l,e.gest�Nacnas an_#7acos Ina nl.,_airs opaq rangy:from i am tr_. Tor: o ceme ren in and enjov !L U sr ,pia reached Eo lass.titsri ,r rl.-:..:.,a nand 3oflh n, rams �' Like Q Cornil Bair_ d,� Share, 3 Performance for Your Post Baynton Beach GRA Ness We.. ••• r rsi.ho; erea nras=f. �u,r -9 a°7:ss PM14 k 855 Congratulations to YrrigaFIT Swops on their 1 year anmersary here in Boynlon Beach!. 942 .,,r,r; 20 , l; i 7 2 1 1 thug sf�s3) 2 2 0 55 16 0 39 NEGATPVE FEEnBACK Get M.m Likes,Comments and'Shares B-1,LhL post f.r$49isr—h up to 910 paupte. 0 0 �;, ,. .. .' .T3 t •r, tE' 0 Your video is popular in Fbr�ia 00 Jn i �.r_,;ni Uawjin U Ott t Co rt �snare Db Like (Y]comment k�>Share. .._. Performance for Your Post Boynton Beach CRA stated an event. ... tune 2a ar v 43 A« Don'l miss YogaFit.Studios 1 year anniversary partly tonight! 'Hjl.TlheBiz Free Yoga Mass Free Demonstrations 0 0 Local VendicTs... Bee i tore 0 0 0 0 0 0 0 0 4 : NEGATiVE FEEDBACK 111 8 t i 8 1 ! I'M JuN L Anniversary Party-Open House YogaFlt titu:Pd4o'.3 d,Bolyint n Beach ;:L'i- Bluiyni Beach � interested Hea thl A xl reached DL� Llike QCarninient Performance for Your Post Boynton Beach CRA s�iarei,,l a{Duct-c. Jkjnt3C,,a19.00AM 09 --�,ea,oe(:� NCY11US Escape Rooni-Brivinton Bearcin,-Florida is now open!Book today for your mystery pnze 1 4 - & ttHftThBiz 2 2 0 I lalf," 0 0 2 2 0 Shal,--S M n 17 NEGATIVE FEEDBACK If YOU were r e G! G 1 AX How would' you utilize it to Escape? C3* NOVUS" NOXTUS Escape Room-Fos,-nton Beach- Hearin More Florida Exhibit F- PTV (Pirate Television) video campaign Performance for Your Post Boynton Beach flaurned Pirate Fest and Men-naid Splash Pubh,hed Ly 12im Husgain �i j0av 25 0 ',1.,938 BREAKING NEWS,Message in a Bottle Discovared in Boynton Beach! Follow Boynton Beach Haunted Pirate.,Fast and Mermasd S12,11sh for 7,145 updates and click share-to spread the newsy ,=PTV 4Bl3R-ateF,-s[;AlerrnaidSplash 9'BBCRA 468 Rnac,:In-- & 234 113 121 o,;l i: 54 25 29 -v P 5 0 5 2 G 2 V C-a ".In 110 22 sa VAIAN,B B P R Al E F E S T C C)M 64 64 0 3111 -�n F n,!',! Learn More 965 pol"� AL t Uri reached 188 61 716 LJNK CIJGK'�' RFGATWE FEEDBACK Boosted on May 25 1 ; I de'As cIcj 4,uoienc. bmed State,,:Flonda 16-65,People 0 p-,o-nr 0 Vieve R asull ()o 13-2 CornrnproShar,—s Performance for Your Post Bo intoe B,each Haunted Pirate Fest and Idl Ulke Page Mermaid SpLash, 0 945 i Duns 22 2r, 25 PM Stay tuned Tor upcoming PTV news alerts'#B)a iratClew=dermoMSINash 53 43 17 26 0"'1 S 11�A 2 2 0 1. OLI1 1 0 1 6 6 0 x STM. 42 19 0 23 AL 945 pe,,Ple re@chLd NEGATrVE FEEDBACM and 17 Ijilhei F, 6 le-ares 0 0 !Iflt -1-41 Pusf, Ukc Comment Share Performance for Your Post Boynton Beads Haunted Pirate Fest and Merrnald Splash ... PuWkshpd b4 Azmi Huss8tn ` June 2,ir at 1,0 14 AM 0 5,201 BREAKING NEWS:Nlermaids Sighted M Baynton Beach! Like Bayrion Beach Haunted Pirate Fest and idarl-nald Splash for more 2,246 updates.and share to spread the news' �PTV1��BBPWatel`est-*AernialdSplash#B-BCRA 218 115 53 62 C,1 "T qr 25 12 13 211 14 2 12 2 0 30 12 18 011 WWV,,'FACEROOKC,tent Leal n M,Dre 32 30 2 peopE-reached 534 ............................................. ............. ........ J-i WHO= 1GS 2 426 k-,rM Ac v.Fla i t i I,, Boosted on Jun 29 NEGATIVE FEEDBACK Au6pnce Umzecl States Fonda.13-65-.People Vjp+a'Results 9 Snares Like Comment g> Share 0- t [O N� N' 'k B �r v H y,1 RA CRA BOARD MEETING OF: July 10, 2018 INFORMATION ONLY AGENDAITEM: 8.13. SUBJECT: Public Relations Articles Associated with the BBC RA SUMMARY: Take a Bite Out of Boca & Beyond Blog: This article features the menu and review of Driftwood Restaurant. Palm Beach Post - BBPD: This article explains the decrease in crime due to the Boynton Beach Police community involvement in the City. Sun Sentinel - CRA Approves NOGP: This article highlights the Nonprofit Organization Grant Program that was awarded by the CRA Board. Sun Sentinel/Open Table - Prime Catch: Prime Catch was awarded as one of the 100 best al fresco restaurants nationwide by OpenTable. Sun Sentinel - Boynton Incubator: This article features the Secret Garden and Hour Cucina, highlighting their incubator programs. The article also mentions the CRA Nonprofit Organizations Grant Program, and the Business Grants that are available. FISCAL IMPACT: N/A CRA P LAN/P ROJ ECT/PROGRAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Take a Bite Out of Boca & Beyond - Driftwood D Palm Beach Post- BBPD D Sun Sentinel -CRAApproves NOGP D Sun Sentinel - Prime Catch D Sun Sentinel - Boynton Incubator Recap of new Boynton Beach restaurant Driftwood Page 1 of 6 P z k-t#lkglAJlkr t . g gel #s' #Js�Jg�gYulg�g� [syt#tJq clp4�hhtguuZ ..................................................... 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Y j cv$Iasq gu#-,t lrh#y j gr##}sy##j gct#rj g##y sth G dckysshCg st4¢l g�#j Iro#t jA j g*egcr4tltgg--g...4Y czgu# etcujIrk...#JgckyWOiigcujg]pg4✓rh#xgcjstugu..#Ltguj##Jluj#✓acykj�*jffijg#iseo...Wscthycpu44✓rh# Iku%Wcgg dscuiVjgr*#yc1Dgh#rm4GtTysshOlc*jA7Jsug##✓jsykjw#_cgg4tyujlrk#s#tl}4tllrh(#trh*4 sYjh# Iq q ghlcv ##ggiV j o*j k9l3ce94,—tR*dsy UTy ssh#_j gj3sy rgWq q)#1zgtgv,4J✓rh#tl crckgt3es 1 sy rgtWoc J s r--cpg-4P s ps r4lct3t su41asregtrgh##y k j#DggtlrkA j A gry#Aeh4,k j t lkj luycl§u}C#}sec]A# Ncu*cq g usytegh#rktghlgrw#icrh*lI¢Irk#kygu-tr#tg I tgtlgregA j c*j sy u#yuv#j sy 4Ql yej#kcuulsr4lcrh4}mzg*sgu# Irwtcej#hkij##j c4lasq gu*Y�*ffij g#bla.ej grtrh##gcej#Alro44✓j cv¢jasq gu#jtSq#lgj IrW#j g4Act2 Vjg4kgry4�L#tItgevgh4isgu##jczg4 a�*jlUgcjssh*tv4vruWy*jgt3#Ut.j3jErv)*jkkctlgv}2W gjstg# .#A2guyltgh*§gjh# cr}vjIrkljsygzgt(1kjgec4✓ny*jg#yrluyg4#m*j1 s—lpiftcrklrk#jtsg4Gtsjyssh&*ghilsr#tA=4Qlh# Icuj lur*400 ctDtrh#Jest}#?tcjvgh##,kj*U*y rtsyuglgchq*lrkgtlAggA *tNlg4ticule#Yog4kg4t:rh# UYEUPTr 'W sthgt#ttsugees gecyug#}gv6L4tlg##3gcW Osy4�cx(§ks##ytsrk4,kj#✓_ AE4tlk*jltlydd�2 t sy gtgh4tl)#J cW j Iq t.V http://takeabiteoutofboca.com/2018/06/driftwood-boynton-beach-restaurant.html 6/21/2018 Recap of new Boynton Beach restaurant Driftwood Page 2 of 6 3r TT1 htguu2 A - � fAt 1 t n NOW SERVING} a` B.G4,tt .a,„4 t � . o i }S sS tt 184) Ml r Dutst#t;ttgVkgb-iWtlg�yssh#t;ttctgr,.6#brsyu#yjo*jg}(ig#islrk#yjgr#O�sggu#s#y]rku ltsykj ¢# cpsrktItt gcvlgcvlrk#ilrrgt#-ic%gCV j s#y cu*UWy*usAgckgt#u#,cuvg#✓j g#it)ltyd#y IrkuZ7j g}#�sq g# ° ut tlroggh#y k j#xyg-t# jues#t;rh#itl--ggh#y krj t4pq g#✓atgq cgt;rh#jt-q#✓j g#y c}#j g#igq st3uj gh#gcej#rh# gzgt}#y lrk#r#aj g#lsy 14W sy jh#t;uuyq g#j 94}3ogh*q X rgAi lrk# s-Ae Wt,cu#j sy#t yej#gculgtNCrh#tguu# sJWlt guu #tcupy lrku#ij c*V#�sq tn-At s,)3 gtgh#rt#xtlegti� yh*gb-iyu**cyeg#j c�dkgvu# c zgU#jgtj3ceg3Tchkgu(AjcAttgcru#Gtkjvyssh*lrkuW: t#xsph40jslog#}-4k*J-4icr% # ttgvkk &- i ,'... . http://takeabiteoutofboca.com/2018/06/driftwood-boynton-beach-restaurant.html 6/21/2018 Recap of new Boynton Beach restaurant Driftwood Page 3 of 6 P gzgtNI kmM lkg94jlkr#yt q�f, clF9Dhhtguu2 r E Coupons! �s $'1.50 Off Del-allo t �M $0.50 Off Sold Frutta PRINT COUPONS { x{ t Drstgt#;y—ljczgtttgvk-g 4kjgoyeec#isv-Mcrst#lsryu*-slrux#cs*y�#mt}#hcvg47js#ycu4as# esrvgrvkZ kj#j kx#}y]r'ku*j-#j g g*-tg-}#;yej#-igzsyt#J gLgtRog},i}ugEWj g#swt✓asq g#i'k'j#=# }ggsy#tgttgt#xcyeg(Vy,*j sug#i7 k'j*]ygr#rwpgtcregu(Vgy ctg#t #4#j cu#as)#xcyeg#r#v%is#nggt# exgct3Ps#ysttkgu#jsykj*jg}ttg*ssh#grsykj*r#jgk*yr*[yeec sggsr�#xggr#r,+Iactlddgcr# eykilrggtrh#iacr#asq g,3q gu#j czgt*gt}#x�ctej}#cuvg#1crh#g l Wtag y*j gr#i�ssogh#ttstgt�(# gutgel4#r rej#jt)"*4�c�VjstgA�—]yv-A#-igEelsyu2 http://takeabiteoutofboca.com/2018/06/driftwood-boynton-beach-restaurant.html 6/21/2018 Recap of new Boynton Beach restaurant Driftwood Page 4 of 6 yt#�q uEUFmx y't��l$ p — U i � 4L tis lsM"" x � Vjg#�gry#xt�#�Uq c�t?"}�rh#�kckgt?"}�sp,q ru(#lylvj#,ctcu]uv}g�{#=�v�u�r#✓jgJ�jj�rh#;clr# esytug#grv&gutr#aj g*lkj�Wj g#xq cnk.Fvgu#rep,hgs-*Ayq q}*t V--#xyej#'u##srej#xcl3ch#y k j# jgctw*jltcg;(lkj1pJ rh*-sty lr'hu: eec rc#Iatyhs#ylvj#jydct:14icjjtsr4tsy%41aczlctitrh#IasticrhgC# crh#jyog*gzlej g#y krj#y c gtq gtsrMayeyq dgt�j cttgh##zsechs##rh##j 4kIN kj sy*zgr#j�sruypArk# qgF'jgjUgq}#tgtctgh#rjg#tljEh*—tyu#jst#yu4�sgtp�g#ykj#scuvgh*ct rh4tswwgu4# y cvgtetguu01crh#y-gtq gtsr#chluj#jst#t%VvFgt I hhgh##tyrej##rh##stsM#xcpiclzgthgly}tg#xcyeg# Ic}#Igrgcvj#✓j g#gtjge�#�j cttgh#g—eEu#lcrh#.grhgtak s,--gut,k j t#tgtjge�*tlut},t vg t37j c,.$# ucyeg#y cu# *ssh2h#,cu###s sh#aj lrkftMg9j ch# sytxg#mai#gj*u#iq st gt#y kj Wt,cu#:# y lrrlrk##sq dl=4er2 { http://takeabiteoutofboca.com/2018/06/driftwood-boynton-beach-restaurant.html 6/21/2018 Recap of new Boynton Beach restaurant Driftwood Page 5 of 6 Dpsrk#ylvj##jg#xgcjssh#jg g##j gIs# ##IkA jk�#s v�gtr]esgjst*ldg#s_# ngv�ssn(�nn�gqry#y ej# Y gzg�#�##Ikg�di7HIcr#yt#}sq#j g#�gy upgwg [sytq clp#ahhtguui UY E OF H ecr lg#xggr#r4.j g#xg sogh#igzlglhtkku4,ki#ktggr#sg cw#_gglkzj trhAaj sr.,Iu s u ykj*IasTcthuWj3ceo#j}gh*-gcu#lrh#y-gtggpsr4OrhV. rh#xjtlqt**tu*jkj*6iyrrqt�jghhctktlu*rh# uecgYsr y,#jst#;gC#d'&* dsyAjg#jse4Acrh#xy=Ircd�##.tisytegh#jluj JIW cu#xytgtHgIekgh#yjgr# FjgjWtgtctgh#ajg#Iysthjluj#jst#yuA7ys#ajleotrh#xg—)*-lgegu*j j%igctgh4dgc}"49 (#Icrst#-# ulgs)#qssvj*-y&g*jHaygt#lDrhtpsrkulhg##]13ceogrgh#;acy ygt#ngco-vPjsykjWYsylh#jczg# t§ogh# Ikt stg#,gIvyh*r4jgtF. g* It c)dg#k.kncejlsu*t#atkxt}#kctt3z#k #k#ycu#x4cdusljtjcoJrkl /qqhggelsyLar3 tkjvy s sh&giclpj#jluj*jjgtlrku#ktg#xydrge*u,+Iaj crkgcWcughtr#y j c�&*ec]A tzclpedpgC# dy gc]Atstg#js*syt#Icog#ajc*jgr#}syy#y✓�?tkil¢i#}sy(igtdpg#-#.t)#sjg#xysthjuj2 - [ �t d �Sk�it ej� tJtJ ii A �s ,' I� i s' J t WSi- t �)Ir ss1 t '1[t Gtkj�yssh*i#ec%ght!*4484Jsyvj4$ghgt:TWlkjyc}#r*s}rmr*gcejX7jg#3guWcytcr%#u*psugh*r# O sncc}u(Vy�*tgr#Jyguhc)#sjtsykj#7c%ythc}#jtsq#1 cq#B*cq#lokejgrAapsugu*r%t lhrlkjv{Mrh# Uyncc}#jtsq 45cq#s#7tq t Sj y ssh#xgtzgu##ggogrh4Atyrej Vrej trh#hlrrgt(#jcrh*jjghx#j ctt}#j syt# jtsq 71:tq trh#F4].%cq#iclpi#jgcvytlrk#jssh#crh#itlr'o#xtgelcga2 THNDVHG ?T�jI'HUVDYTDPVU K DQ[PVQP#FHDFKCIFQ[PVQP#FHDFK#PHUVDYTDPVUOGiP iPJJGT�TVY QQGJ T�TVY QQG# EQ[PVQP Jap HGI'b,,-iP PHTCIRDN0#DHDFK#FQYPV[#PHUVDYTDPVUJ',UHDIQQGJ',UQYVK#INQTr�D#PHUVDYTDPVU fWct.st.sts k#t'gu�cytcr%Wisyt:#tcogu#{7zgt#)c(Ci'n#Tdg#r'#Tkrgt!#2cta NHDZHVD#rHRN[# http://takeabiteoutofboca.com/2018/06/driftwood-boynton-beach-restaurant.html 6/21/2018 Boynton police attribute decrease in crime to community help Pagel of 5 860 SUBSCRIBE n as low as 99¢ t riv I L_GG IN Boynton lice attribute decrease in crime to community involvement LOCAL By Alexandra Seltzer-Palm Beach Post Staff Writer sow u , a v a s�f��pt %�, t y s Boynton Peach neighiDoi hood police officers stand on [`Vartin Luther King Jr. BOLIlevard Oct. 11. (L to P) Officer Terrence Paramore, Office:-Jivanet Rivera, Sgt. Henry Diehl. (Alexandra Seltzer l The PaInn Beach Post) Pasted 3:32 p.m. Wednesday,June 13,20113 BOYNTON BEACH — Boynton Beach had the biggest decrease in crime in 2017 the city has seen since 2010, according to Florida Department of Lave Enforcement records. The city had an 11 percent decrease from 2016. https://www.mypalmbeachpost.com/news/local/boynton-police-attribute-de... 6/14/2018 Boynton police attribute decrease in crime to community help Page 2 of 5 Assistant Chief Joe DeGiulio said crime typically increases and decreases over the years, but thinks community involvement played a major role in this past year's decrease. "Community engagement, crime prevention, getting the community involved," DeGiulio said. Boynton's breakdown for 2017 was: • Murders: 9 • Rapes: 15 • Robberies: 175 • Aggravated assaults: 246 • Burglaries: 384 • Larcenies: 2,454 • Motor vehicle thefts: 338 The number of murders increased by eight compared to 2016, and the number of rapes by 12. Larcenies, burglaries and aggravated assaults decreased. Robberies and motor vehicle thefts increased. A decrease in crime was also seen state-wide and in Palm Beach County. According to the FDLE, the state's crime rate is the lowest since Florida began keeping statistics 47 years ago and dropped 4.5 percent compared to 2016. In Palm Beach County, the crime rate dropped 5.6 percent last year. DeGiulio said the department has seen success from putting crime prevention tips on social media to make residents aware of trends in car and home burglaries. But there has been a rash of car burglaries where owners leave their doors unlocked and valuables inside. He said the three neighborhood community officers stationed in the Heart of Boynton have also helped by building relationships and partnerships with residents and community leaders. Through the app Nextdoor, residents are giving tips to the police officers more now than ever before, he said. https://www.mypalmbeachpost.com/news/local/boynton-police-attribute-de... 6/14/2018 Boynton police attribute decrease in crime to community help Page 3 of 5 The department will be getting a new police chief soon. The city manager is expected to appoint one of three finalists this week. The finalists are DeGiulio, Kenneth Ferguson, who retired this year as chief of the Framingham Police Department in Massachusetts; and Michael Gregory, a Fort Lauderdale assistant police chief in the department's DROP retirement program. s' About the Author ALEXANDRA SELTZER f'F ADVERTISER CONTENT:The Palm Beach Post rz} 5 4 Senior Living Guide: Get the latest in medical news, health tips, and more... Reader Comments Next Up in Local THINGS TO DO: Tromp through the swamp; a day for the dogs in Gardens https://www.mypalmbeachpost.com/news/local/boynton-police-attribute-de... 6/14/2018 7/2/2018 Boynton Beach CRA approves grants for two nonprofits-Sun Sentinel oyto each approves grants for two nonprofits 211 a� � h � I � ' s¢ The Boynton Beach Community Redevelopment Agency has awarded a $40,000 grant to Habitat for Humanity of South Palm Beach County. (Boynton Beach CRA/courtesy) By Kari Barnett JUNE 29, 2018, 11:20 AM Two nonprofit organizations will receive grants after the Boynton Beach Community Redevelopment Agency recently approved agreements through its new Nonprofit Organization Grant Program in which $125,000 was allocated for 2017-2018. According to the CRA, "the program was developed to assist nonprofit organizations with economic/business development or affordable housing programs and projects within the Boynton Beach CRA Redevelopment Area that would create jobs and provide economic opportunities, or provide affordable/workforce housing in http://www.sun-sentinel.com/community/gateway-gazette/fl-bbf-boynton-cra-grants-0704-story.html 1/2 7/2/2018 Boynton Beach CRA approves grants for two nonprofits-Sun Sentinel The Community Caring Center of Greater Boynton Beach, Inc.will receive $57,681 for its Secret Garden Cafe Culinary Incubator and Job Training Center, 410 E. Boynton Beach Blvd. Developed in 2008,the center includes a fully-licensed commercial kitchen and restaurant in order to offer affordable training in all aspects of culinary preparation. The CRA gave Habitat for Humanity of South Palm Beach County$40,000 for The Door to Sustainability Project for the construction of four new affordable housing units, repair and maintenance of six existing affordable homes,facilitation of a neighborhood clean-up project and educational workshops within the Heart of Boynton community. The first NOGP grant was awarded to Pathways to Prosperity, Inc.last February for $32,077 for the business development component of its Circles of Palm Beach County Program. Visit C:"atchBoyntonoeom. Copyright Oc 2018, Sun Sentinel This article is related to: 0yr)ton Beach http://www.sun-sentinel.com/community/gateway-gazette/fl-bbf-boynton-cra-grants-0704-story.htmi 2/2 co 00 .� P9 o to ` Fw er 0 4 H 0,0 00" � Vj P4 41 0 vp " a�a � c r= ) uJ " 0 612812018 www.waterfront-properties.com/blog/two-palm-beach-county-restaurants-make-opentables-top-outdoor-list/print.htmi Two Bea"ch County Restaurants Make "pen Tab e's Top Outdoor List Posted by Amanda Hicks on Friday, Jame 22nd, 2018 at 2:38pni. -A ! aA,` sJ dr '� d h ; ; �tii P" Ar r't tI i 'nt r3 The Farmer's Table in Boca Baton and Prime Catch in Boynton Beach made 0enTable's '100 Best Al Fresco Restaurants in America for 2018.' The list was put together based on reviews of 27,000 restaurants across the U.S. While Pale Beach Count has hundreds of gorgeous waterfront restaurants, Farmer's Table and Prime Catch were chosen for their uniqueness, The Farmer's Table has an elegant rustic atmosphere with a warm ambiance. They serve fresh, locally-sourced American cuisine that's both delicious and healthy. Their outdoor patio is large and tropical with sails and string lights overhead. All of their menus are filled with so much variety that makes it difficult to choose one thing. See more on their website here. Prime Catch is an airy, waterfront fine dining seafood restaurant with an awesome wine list and spectacular Intracoastal views. Their food is plated as beautifully as it is delicious and there's a dock you can walk out on or pull up to by boat.. Find out more information on their website here. Check out more list-worthy restaurants in the area on the Palm Beach Post's article of 15 waterfront restaurants here. http:i/www.waterfront-properties.com/blog/two-palm-beach-county-restaurants-make-opentables-top-outdoor-Iistiprint.htmI 111 roa-0 wo W� 0, CL ID M n bi Ca M 00 Olt$ 5°row W ® ro ro ro en ro ro C7 ,P+ I ro ro tea . � 5 fc QCs roeo o s cn Out 0 Q9 � ra � �'�° 1+ 0 � �" 6 ro "' 0 �o`C 5@ d ao t o 0 M me ° 0 ® � °° roc ' ro ® � � 0t. ONO 0 pr aq 0 H200 ,2, � nq o ; ro ID q 2,00 ID, o ® o � 0>0 , to IdD5ul ID Z � � ro as " CD o � ® e� � aq 0,q °fro 0 eo �� 5 � �V L, � � 0, 8 (DM ' ; 0 ° faro (D5w ° o CD f5 en 0 N fD ° aQ s ro �z' ro ID "' aSQ � ro � �^ (� , eg°' `sem C3''c) ° 0 Ps, �a°- �" �. to ro �a a �A9 ro � �`'�fD f) 5`ea� rs° e� aq , .ro O to vC CL r � 5°row ID i o room ro a Z Cp ID ID ® � ID - d 4N '° q ` ® `� ®rte `° far: IMD y ro rlro � fo 0 ro 5ro wo ros t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 INFORMATION ONLY AGENDAITEM: 8.C. SUBJECT: Public Comment Log SUMMARY: None. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: Financial Report Period Ending June 30, 2018 SUMMARY: The Finance Department's monthly budget report of the revenue and expense activity for the period ending June 30, 2018 is presented as Attachment I. FISCAL IMPACT: None. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the CRA's Monthly Financial Report for the Period Ending June 30, 2018. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for the Period Ending June 30, 2018 I H M 00 z � o� 00 O w w H o C7 'z o iD o 0 o o o o iDoo CO 6l o o 0 Lo 0 0 6l o mmm H N O ,� �o - - �n - NN o - �n II a ao o m Lo o o Lo Lo o m Ln o Lo 1� O c c moo II w CG W O o 0 o o N oLo Loo 0 m 0 �n 0 0 0 (o of m o o 61 o goo O � II � �nc� �o � � omN c c m 1 O m O c O l II m o o 0 0 0l o o o 0 0 lOO o 0 0 l00 D o o (n m o o - z � u u oo ooU o II H 000 ooLo o � 000 ooc� II o ca o0 00 o O II �0 000 �n00 O � 000 000 II w • II �l CC oo oo o O o ooo a' o m o - ooo O O o FC w II N o o II 0 o N N H h II In o N II o II II II II o N Lo U m II m m o o Lo m o O rI N m o w o o o o N o 0 0 0 o II O E H II w a w moo II m � oNm Lnm o om ANN m II m H ca c� N m �o o m II Ln m m O N m N N o II H m rl N 61 6l c c- Li c- c1 6l N rl c1 O - - - - - - - - - - - - - - - - - - - x H a goo Nm m � m oo ,� LoII o N ,� o in mm II 'z cG 0. m II In N �o (I II m II In I I c1 O c, H H II H II H U CN O O a' O 6l U f O O O 61 61 Om O U N N a om oN o II 0� �00 C OC o ,� � OON 000 LO II m x w x c� c4 El m oo o o Lo Lo om - - 00 II m ry' O -a H - ,� o, o, m m o, o, m o, m o, w co x H N � m o II m N - Nrc cr m w H > - II - - - - - - - - - - - - - - - CG W 0 H o W � II � m m N in A N N t� W N � II LD h Z O H ,� II m m II m O of o Uy' N N H � o v v II II v O o x o oo o II o 000 000 oo 000 mLo Ln m II o w 0o II o � o oma oLo o N � mLnN II cn ca H 0 o c � ONr OLn O1oc (Ii(Ii N L II o o o in in N o o o o - o Lo o mc� �o � II o � � H H N N II II H N 6l N II II cC II II II II m o o o U II o 000 000 oo 000 m N N m II o a coo II o o oma oLo o N � (n Lo II FC Hono �n II �n Noon oNl OIn O1o � o1o1N �n II - - u H C7 - o o Ln Lo N oo 0 o C7 Ca �o o �o II m ,� oo o o �o Io o II H x � o Lo o mc� � � II II II � H H Ca o z a w 0 0 0 H c� cn x w zH x c� H w a cC cC a w H ca o '�z w cwn cn cn o o U co H O 2. 0. 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SUBJECT: Finance Department Purchase Orders for amounts exceeding $10,000 for the month of June 2018 SUMMARY: The June 2018 CRA Monthly Purchase Order Report for amounts of $10,000 or above is presented as Attachment 1. FISCAL IMPACT: As identified in Attachment 1. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the Monthly Purchase Order Report for June 2018. ATTACHMENTS: Description D Attachment I -June 2018 Purchase Order Report Boynton Beach CRA Purchase Order Report Month: June 2018 Vendor Amount Funding Source Description Grandma's Manufacture $ 15,000 02-58400-444 Commercial Rent Reimbursement Grandma's Manufacture $ 45,000 02-58400-444 Commercial Interior Build-Out Grant Tabre Enterprise Inc. $ 12,424 02-58400-444 Commercial Interior Build-Out Grant Tabre Enterprise Inc. $ 10,800 02-58400-444 Commercial Facade Improvement Grant Tabre Enterprise Inc. $ 10,800 02-58400-444 Commercial Rent Reimbursement T:\FINANCE\PURCHASE ORDER INFO FOR BOARD MEETINGS\VIIIB FINAL BACKUP-June 2018 Monthly Purchase Orders.xlsx t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of CRA Board Meeting Minutes - May 8, 2018 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the CRA Board Meeting Minutes May 08, 2018 ATTACHMENTS: Description D Attachment I - May 8, 2018 CRA Board Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH FLORIDA ON TUESDAY, MAY 8, 2018, AT 6:30 P.M. Present: Steven B. Grant, Chair Mike Simon, Executive Director Christina Romelus, Vice Chair Tara Duhy, Board Counsel Joe Casello, Board Member Justin Katz, Board Member Mack McCray, Board Member 1. Call to Order Chair Grant called the meeting to order at 6:32 p.m. and led the Board in the Pledge of Allegiance to the Flag. 2. Invocation Chair Grant gave the invocation. 3. Roll Call Roll was called. A quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Board Member McCray moved to approve. Board Member Casello seconded the motion that unanimously passed. 5. Legal None. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda None. 7. Announcements and Awards A. Movies in the Park Mercedes Coppin, Special Events Coordinator, announced the May 4th Movies in the Park event featured The Incredibles. About 100 people attended, but rainy weather ended the movie early. Staff was still able to highlight five CRA businesses, which were: The Marina Cafe, Driftwood, Chips Ahoy Charters, Deep Ocean Reef and Bar, and the Colonial Gateway Veterinarian Center. The next event is scheduled for Friday, June 1St at 8:30 p.m. at the Ocean Avenue Amphitheater and will feature .lumanji, a PG 13 rated, action, fantasy film. Free popcorn will be available to the first 100 attendees. It was recommended attendees bring lawn chairs and pack a picnic for the evening. Light snacks will be available from the popcorn vender, but no food trucks will be present. Staff will also feature another five CRA District business videos prior to the film. B. Music on the Rocks Ms. Coppin advised the April 20th event, featuring The Flyers, had a great turnout. About 250 people attended of which 67% were residents and 18% came for leisure. The next Music on the Rocks will be held on May 18th from 6 p.m. to 9 p.m. featuring the band Completely Unchained, the Van Halen cover band. Both the Food Truck Invasion and a mobile bar serving cocktails will be present. 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log C. Public Relations Articles Associated with the BBCRA On a different matter, Vice Chair Romelus congratulated Board Member McCray on his being recognized as one of top 50 influential leaders in South Florida. 9. Public Comments 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 Susan Oyer, 140 SE 27th Way, praised Ms. Coppin on the movie event and reminded all about the 10 minutes of bird watching she had spoken about at a prior meeting. She announced E Bird still had its sites up and she requested all present consider helping with the world bird count. Harry Woodworth, 685 NE 15th Place, was present with complaints about debris and screening and buffering at Yachtsman Plaza. Around December 15, he met with Andrew Mack, Development Director, other City representatives and the owner's representative and attorney to review the matter. The work was to be completed in two phases. The developer would restore the landscaping behind the center on the south side that was destroyed and/or removed as part of his remodel. He expressed the work did not comply with City Codes and was not approved. The second phase would be to do the same behind the north side of the plaza. Those who live behind the Center have to see the back and ugly bare sides of the plaza and air conditioners as well as the rest of the mess that had previously been screened and buffered. He noted the developer accepted funds from the CRA and agreed to make the improvements multiple times. After addressing Phase I on the south side of the property, Phase II was to commence immediately and it has been five months. He requested the Board's assistance to have the property brought into compliance. There had been several meetings and the excuse they have been receiving was they were waiting to see how the plants and trees grow before planting on the other side. He implored the CRA to address the issue as the street looks like a ghetto. Board Member Casello asked if the CRA could follow up and provide a timeline for compliance. Mr. Simon agreed to research the issue and report back at the next meeting. Board Member McCray requested Mr. Simon hold a meeting with Mr. Woodworth and the owner for all to be on the same page. He had requested Mr. Woodworth bring the matter to the Board because he represents his District. Mr. Simon explained when the owner applied for his grant, the work performed under the grant was accomplished and the reimbursement was made. The CRA has helped to solicit tenants and promote the Plaza, but the City handles enforcement of City Codes or compliance with the Land Development Regulations. At this point, only tenants would be eligible for CRA assistance. The owner was still restricted from grants as he was stili working under the first application. Mr. Simon explained he would review. Bernard Wright, 713 NW 2nd Street, commented he was convicted of a felony and questioned if he could serve on an advisory board if he left the question the advisory board application asking if he was ever convicted of a felony blank. Mayor Grant explained advisory boards are a City function and understood the inquiry to be if the question should be on the application. Mayor Grant thought it should be brought to the City's attention and he did not know the answer to the question. Dr. Piotr Blass, 113 Tara Lakes Drive, explained he has a futuristic idea of creating the tallest building in the world and advised he and architects were working on one in Warsaw as he was recently there. The original site he had contemplated in Boynton Beach was 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 already being preserved. His second choice would be to recreate the Boynton Beach Mall. He favored having a study and asked if there was any CRA owned land that could be used for such a building. He thought the building would provide affordable housing to everyone in the area. It would eliminate poverty and introduce prosperity. He reminded the Board they could harvest from the Gulfstream and have abundant energy, He also thought Board Member McCray was one of the two most intelligent people in Florida. Board Member McCray explained there are height restrictions and his inquiry should be directed to the City Commission. No one else coming forward, Public Comment was closed. 10. Consent Agenda A. Financial Report Period Ending April 30, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes - March 13, 2018 D. Approval of CRA Board Meeting Minutes -April 10, 2018 E. Consideration of the Revised CRA Human Resource Policies and Procedures Manual F. Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway This item was pulled by Board Member McCray and be bundled with items G, H, and I. G. Approval of Commercial Interior Build-Out Grant Program in the amount of $25,000 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway This item was pulled by Board Member McCray. H. Approval of Commercial Facade improvement Grant Program in the amount of $25,000 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway This item was pulled by Board Member McCray. I. Approval of Commercial Construction Permit Grant Program in the amount of $1,951 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 This item was pulled by Board Member McCray. J. Approval of Commercial Facade Improvement Grant Program in the amount of $900 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village K. Approval of Commercial Interior Build-Out Grant Program in the amount of $11 ,400 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village L. Approval of Commercial Rent Reimbursement Grant Program in the amount of$10,800 for Beacon Consulting Engineers, LLC located at 625 Casa Loma Blvd, Suite 106 in Marina Village M. Approval of Commercial Facade Improvement Grant Program in the amount of $18,220 for Reflection Auto Body, Inc. d/b/a Bruno's Auto Body & Paint located at 217 NE 3rd Street N. Approval of Commercial Rent Reimbursement Grant Program in the amount of$10,200 for Alexis Knight Architect, Inc. located at 100 NE 6th Street, Suite 102 in Marina Village O. Approval of Commercial Facade Improvement Grant Program in the amount of $1,750 for Ekel, LLC located at 634 E. Ocean Ave P. Approval of Extension for Divine N Corp, d/b/a That's Amore's Commercial Interior Build-Out Grant and Commercial Facade Improvement Grant Programs located in Casa Costa Q. Approval of Extension for Driftwood 2005, LLC's Commercial Facade Improvement Grant Program located at 2005 S. Federal Highway R. Approval of Extension for FICE Design, Inc.'s Commercial Interior Build- Out Grant Program located in Casa Costa 11, Pulled Consent Agenda Items F. Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway Alan Gardner, 805 N Federal Highway, the applicant, was present. Board Member McCray explained he represents the District in which the business would be located. He asked about the business and learned it would be a pet memorial service, selling keepsakes, memorial items, urns, and offering cremation services using a flameless 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 technology called Aquamation. Board Member McCray asked if there would be storage or a backlog of animals and if they would pick up deceased pets. Mr. Gardner explained they would pick up the pets and store them in a freezer for a day or two before undergoing the Aquamation process. Mr. Gardner explained the freezers are ground floor freezers but the decedents will not be frozen, rather they must be kept at a certain temperature. Board Member McCray was concerned about the chemicals. Mr. Gardner explained the chemicals used in the process are stored in dry areas. When the process is complete, all that remains are amino acids, soaps, sugars, and salts. Board Member McCray asked who would pick up the pets and learned Mr. Gardner and his employees will transport the client's pets to the facility. They will have walk in services for those willing to bring in their deceased pets and have a small viewing room. The turn-around time is normally about four to seven days, but he could accommodate the owner's wishes. Board Member McCray had no objection as long as he complies with State and Environmental Protection laws. Mr. Gardner's sister had applied for the funeral home license, but was unaware of when she started the process. He noted Aquamation is approved in the State of Florida. Board Member McCray explained in order to obtain the City Business Tax Receipt, he had to have the license first. Mr. Simon explained no CRA funding will be given until evidence of the Certificate of Occupancy is received and then the funds are given on a reimbursement basis. Mr. Gardner explained there are two Aquamation Pet Crematory businesses operating in north Florida, and this will be the first in South Florida. He thought there would be no issues and commented they already received approval for the business from City zoning. Motion Board Member Katz moved to approve (Items F, G, H, and I.) Board Member McCray seconded the motion that unanimously passed. E. Consideration of the Revised CRA Human Resource Policies and Procedures Manual Chair Grant had a question about item E noting Mr. Simon had discretion regarding severance pay. Mr. Simon explained his discretion was only for liquidation of a certain amount of accrued vacation hours due to an employee if, and when, they terminated employment. It was not related to severance. There is reference to a severance package in the language prior to this item up for approval, which indicated 90-day severance pay was automatic. Mr. Simon suggested saying severance would not exceed 90 days and it was not guaranteed, rather Mr. Simon would make the determination whether severance would be 90 days pay or less. Accrued vacation and sick hours was automatic as part of the guidelines. Mr. Simon explained severance would be automatic if the agency closed and it wanted to offer a three-month severance. If an employee was terminated at will, or with or without cause, the prior language in the manual indicated there was 90-day severance. Mayor Grant was aware the CRA let some employees go 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 in 2017 and asked if the 90-day severance was given. Mr. Simon explained it was not, as the referenced individuals were consultants and not agency employees. The former marketing individual was already past the 90-day probation period. Accrued sick and vacation hours up until termination was paid, but because of the policy language, he could not authorize less severance. Mayor Grant thought there had to be extenuating circumstances and favored 60 days severance and not 90. Board Member McCray thought a range of 60 to 90 days was appropriate. Unless the Board closed the Agency, he would report why 90-day severance was supported. Employees who were fired or got another job should not be guaranteed severance pay. Attorney Duhy explained there was no legal requirement for either and it was at the discretion of the Board. Board Member McCray asked City Manager LaVerriere about the City's policy and she indicated only employees having appointment letters negotiate severance at hiring, but it never exceeds 90 days. Typically, department and director level employees get 90 days, but not if it is for termination. It is left to her discretion. There were no objections to severance up to 90 days. Motion Vice Chair Romelus moved to approve Item E. Board Member McCray seconded the motion that unanimously passed. Motion Board Member McCray moved to approve the remainder of the Consent Agenda. The motion was duly seconded. Board Member McCray thanked staff for the Economic Development Grant Program overview. It was noted there was only $4,000 left in the program for the remainder of the year from slightly more than $552,000. Board Member Katz favored moving funds over to the program Board Member McCray also agreed. The motion unanimously passed. 12. Public Hearing 13. Old Business A. Neighborhood Officer Program 2nd Quarter Report for FY 2017 - 2018 Motion Board Member Katz moved to approve. Board Member McCray seconded the motion 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 that unanimously passed. Board Member McCray expressed his appreciation to the team. B. Project Update on Ocean Breeze East Paul Bilton, Centennial Management, 7735 NW 146th Street, Suite 306, Miami Lakes, explained the Florida Housing Finance Corporation (FHFC) has preliminarily recommended to award Centennial Management the 9% tax credits. Mr. Bilton explained FHFC is now in the protest phase of the process as those submitting applications that were not recommended for funding will challenge the tentative award recipient and other opponents. Florida Housing Finance Corporation allocates monies and only funds one development within each county until all counties are covered before awarding a second cycle of funding to counties. All who applied from Palm Beach County are fighting for the top spot allocation. Mr. Bilton explained those challenging are actually petitioning against the FHFC's decision. May 216t is the hearing date and the hearing officer has about two weeks to review the challenges and make a recommendation, at which time whoever does not get a favorable ruling has another 10 days to decide if they want to take it further in the court system. It was hoped the process would be concluded by July. Centennial Management Corporation purchased the property for $800,000. The Local Government contribution was $567,500 and the rest of the money for the project would come from FHFC. Board Member Casello congratulated Centennial Management and expressed the Board has been trying to develop the property for some time and Centennial was the only one who made it happen. The development will be a catalyst and bring much needed affordable housing to the City. Mr. Bilton commented he thinks they are in a good position, but cautioned the process is not finished. He hoped to appear before the Board when the process is complete with good news. Vice Chair Romelus agreed with Board Member Casello's comments and asked if all worked out, when construction would commence. Mr. Bilton responded if approved, they would go before a FHFC Board in July and for the Board to ratify the Hearing Judge's recommendation. They would receive an invitation to underwriting, which takes about a year and during that process they would obtain their building permits and tie up loose ends and financing matters. It could be as early as the summer of 2019. Board Member McCray was hopeful as he represents District II where the development would be situated. He asked if Centennial has challenged other applications and learned in the past, they have not Board Member Katz also shared the Board's sentiments. He felt developing the property was an exercise in futility that may come to fruition and it was exciting. The news restored his confidence in seeking future funds in this manner. C. Consideration of a Letter of Interest Submitted by Tri-Unity Homes for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 Board Member Katz wanted an RFP versus accepting a letter of intent and pointed out the Board recently developed a process to address when a letter of intent is received on a piece of property they are developing. Chair Grant requested a motion to send a letter requesting they respond to the RFP. Motion Board Member Casello so moved. Board Member McCray seconded the motion that unanimously passed. D. Consideration of an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District Mr. Simon explained this item was returning to the Board based on direction given at the April meeting. The RFP/RFQ will be issued on May 14th and the deadline to respond will be July 17th. Mr. Simon planned to bring the proposals and selection criteria to the August meeting and noted there are four items specifically listed. Staff needed direction on the incentives the Board would offer, the CRA Advisory Board role and the evaluation process as far as if the Board should hear the presentations prior to the Advisory Board or atter. He asked if they wanted to cap the square foot price, but pointed out not capping the price per square foot gives the developer more freedom to determine the price of the product to make the development successful. Mr. Simon noted the latter could also be addressed through a development agreement and include greater details. Board Member McCray favored the CRA Advisory Board hearing the presentations before the Board. Board Members Katz and Casello also agreed the price per square foot should be dictated by the developer. Vice Chair Romelus asked if there was language in the agreement requiring the developer to have a community partner. Mr. Simon responded they would not have a community partner, but the CRA would use the same community wealth building and local hiring methods the City used. Vice Chair Romelus understood the nature of building wealth was to use local residents in the project. Mr. Simon explained the policy adopted by the City and CRA would not force the developer to align with one community partner, rather it gives the developer the opportunity to hire many residents. Additionally, using only one organization sometimes creates animosity in the community resulting in a negative outcome as they are not reaching all they could. He thought bringing in as many partners the developer could would be the best way to proceed. Vice Chair Romelus asked if the developer would be incentivized and encouraged to hire locally. Thuy Shutt, CRA Assistant Director, pointed out Section I of the RFP has a requirement for local hiring and encouraging local business to apply. The developer has to provide a project description of how they will make attempts to use local residents and qualified contractors and subcontractors. It is a fee simple issue and not a management issue. The project will go through the Site Plan approval process which includes receiving public 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 input on the design and model types. She explained there are many opportunities for the design. The RFP/RFQ has a requirement to submit a marketing plan, reflecting how fast they can build, sell and the outreach to target a particular income market. Vice Chair Romelus asked if the CRA would ask the developer to work with local unions and provide adequate pay. Ms. Shutt explained the program includes how the developer will connect the project to the local community. If the developer cannot procure sub- contractors, services and employees from the community, they are required to provide a training program so when the next round of development comes in, they can pull from that pool. Vice Chair Romelus inquired how the CRA ensures local residents are paid properly. Ms. Shutt explained it is a HUD requirement. There is usually a Section 3 oversight person to review it and the living wages. It was noted there are certain trades that may make more than the minimum, but there are day laborers and unskilled workers that will need to be hired. The Board could set a policy, but it will have to be a measurable program. Vice Chair Romelus wanted the language clear in the RFP. Ms. Shutt explained they would work with Legal to include language in the contract as the CRA does not currently have that policy. Chair Grant noted Section 10 discusses how the deveioper will make attempts to use local residents, advertising employment positions and employee training and more. Ms. Shutt commented if they give the developer guidance when they respond and detail how they would implement the requirements, staff could monitor it as part of the contract. The Development Agreement focuses on the specific outcomes, and in support of Vice Chair Romelus' concerns, the Board could approve language to require documents to be submitted and if their incentive is given on a reimbursement per unit sold basis or in phases, the developer could provide requested documents to support local wages for those jobs in Palm Beach County. When reviewed and approved, the incentive could be distributed. Attorney Duhy recommended amending Section 10 A which currently reads "advertise the employment positions and training" to "advertise the employment positions at a prevailing wage" as it would tie the RFP to the concept. Chair Grant noted the RFP was asking for a minimum of three projects completed in the last five years. The first letter of intent the Board received was not in the development field. He wanted to amend the requirement to name two projects and not limit it to the last five years. There was agreement. Board Member Katz asked if staff investigated options regarding Susan Oyer's request about land abutting her property. Mr. Simon explained he, Ms. Oyer, Mike Rumpf, Planning Director, and Andrew Mack, Development Director, met and discussed the Land Development Regulations (LDR), which is the legal document that requires the buffer. He recommended deferring to the LDRs initially. If there is a problem that arises from the site plan and the Board feels the LDR does not address the issue, the Board could address it then. He noted every other developer has to adhere with the LDRs and 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 between the alleyway abandonment and the setbacks on the east and south side of the property that will be required, the result would be as good as giving her 15 feet. The buffer requirement should alleviate the matter without any statutory conflict. Chair Grant opened public comment Susan Oyer, 140 SE 27t" Way, reviewed the agenda item and inquired about the density. She had viewed different architectural examples and design guidelines and it showed all kinds of things. She liked Tri-Unity's design and thought it was appropriate for the location. She wanted more specifics and transparency. Board Member Katz explained once the Board receives responses and proposals, they could go from there. The Board was specific in the past and the responses were poor. She asked if the Board was looking for one or two stories. Board Member Katz noted some options involved square footage and he did not like multi-story complexes. He had no preference as long as there was continuity in the process. Chair Grant commented at 512 N. Seacrest, there are two-story homes next to one-story homes and the variation is already there. He thought the three properties that will remain would create the variances to go two stories and have some homes be bigger or smaller. Chair Grant commented they are requiring concrete brick, which prohibits modular homes. He wanted to ensure the homes were affordable and he thought modular homes was the best way to go so as they are constructed off-site. Chair Grant asked if the Board would inquire about the modular homes or stay with the concrete brick. Board Member Casello noted those are the types of concepts they could put in the RFP. Ms. Shutt explained there will be guidelines. As for modular homes, there are many forms such as concrete block stucco and insulated concrete forms, which are more durable and can be assembled in five weeks. There are also mag and structural boards. Chair Grant noted attachment I, design criteria. Ms. Shutt explained the CRA wanted more options. She explained maintenance and utility costs associated with CBS have a higher R value and it is cheaper in the long run for the homeowner to have insulated concrete. Board Member Casello supported nothing over two stories. Board Member McCray supported compatibility and casting the widest net to see what comes back. Mr. Simon explained the criteria in the RFP does not allow for rentals only single-family homes. Attachment I, letter E under Streetscape, discusses landscaping, building mass or scale, alternating one or two stories and it establishes to the respondent an alternating one or two story building and a 45 foot height limit. He did not know how affordably a developer could build single-family homes. In general, by having other restrictions, it eliminates four story homes, but if the Board wants to limit the number of stories on the design, it could. The language provides guidance to the type of home that is preferred. Vice Chair Romelus commented the RFP allows for developers to come back with their ideas and sought to have affordable housing in the community. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 Harry Woodworth, 685 NE 15th Place, commented on the requirement for local contractors as he had worked on several projects that had contract requirements for content, local manufacture and labor, women and minority owned business, and others. He thought developers would say it could not be done and the only thing the requirements would achieve would be irrigation and dirt and shovel work. He pointed out when residents are hired and trained it is important to mandate local content, include a number, scope of work, and include table of values in the front of the contract where it will be read first. Then they will hire, supervise and train local residents. He also explained developers will not want to participate in anything over 15 feet from the ground unless the Board makes them participate. Dr. Piotr Blass agreed with Mr. Woodworth and Ms. Oyer's comments. He spoke about public/private partnerships and thought in the future, the City should participate in building. He wanted lower taxes and thought the only way to effect lower taxes was for the City to produce. He wanted to educate all to a different way of thinking. Board Member McCray noted a Mayor serves a three-year term and asked if he would be in the City as Dr. Blass travels frequently. No one else coming forward, public comment was closed. Attorney Duhy commented a motion was needed to approve the RFP as proposed with the changes as discussed which were: a change to page 6, Section 37.10 A to add prevailing wage; number 5 on page 6 of 37, instead of three projects in five years to two projects and delete "in five years"; regarding the design criteria where it discussed CBS construction to say etc. so developers know other design options would be considered, and the CRA Advisory Board will see the proposals before the CRA Board. Motion Board Member Casello moved to approve. Board Member McCray seconded the motion that unanimously passed. Mr. Simon requested clarification the CRA Advisory Board will get the responses first. Mr. Simon explained the Review Committee is separate. Board Member Katz wanted the Board to hear the presentations first and then refer the Board's selection to the CRA Advisory Board to refine. The members unanimously agreed. E. Consideration of Boynton Village, LLC Compliance Audit Motion Vice Chair Romelus moved to remove the item from the table. Board Member McCray seconded the motion that unanimously passed. Meryl Wolf, Cornerstone Group, 2100 Hollywood Boulevard, Hollywood, Florida, and Joel Mutnick, CPA and partnerwith FISK& Company, 1,000 Pine Island Road, Plantation, Florida were present in response to a letter they received from the CRA on May 1s-t 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 regarding the TIF calculations based on an audit they performed in 2016 and 2017. Ms. Hill disagreed with Cornerstone's calculation of the TIF credit based on an audit Cornerstone submitted for 2016 and 2017 based on the 2nd amended calculation of the cred its. Mr. Mutnick explained there are two types of property, which were homes they were committed to sell (50) originally and rentals. Amendment 2 of the contract stated Cornerstone would be provided credits based on the number of apartments sold and rented as a percentage of total units available applied to a dollar amount. As of September 30th, they sold five of 50 homes as affordable homes. The City agreed with the five homes and of 114 units, 100% were rented under affordable housing. Of the 150 units available, 119 are affordable housing which is about 78% to be applied to the total available funds they are to receive on an annual basis. The amount due would be $82,473. The calculation and the difference between what the CRA and Cornerstone is claiming is based on Cornerstone's inclusion of the second amendment to the original contract pertained to rented and sold houses combined as contained in section 6.1 regarding the DIFA formula. It indicates the developer gets 10% of the eligible pledged project increment revenue awarded pro rata, based on the proportion of affordable access units sold to eligible buyers. If 10% of affordable access units are sold in the first year, the eligible project increment revenue the developer would get would be 10%. The 2nd amendment covered housing sales and rental properties combined. Section 6.1 of the amended report dated 2010 indicates the pledge project increments revenue shall be awarded pro-rata based on the proportion of affordable access units sold to eligible buyers.and affordable access rental units rented to eligible tenants. He explained if 10% of affordable access units are sold and/or rented in the first year in which the developer elects to receive the project increment revenues, the developer or its assigns is entitled to 10% of the eligible pledged project increments. Exhibit E was referenced by Ms. Hill. Mr. Mutnick noted Exhibit E speaks to the number of affordable access rental units sold and/or rented. In this case, 119 were sold and/or rented from the prior schedule. Their calculation of the percentage was about 78.9%. He noted 119 units would be just under 80% and the developer would be entitled to 80% of the calculation. The City determined the original calculation when they only had units sold. The original calculation when they only had units sold explained if 10% of units sold, they would get 10% of the amount. Mr. Mutnick contended that was no longer the case as it was sold and rented units, which yields 80%. The CRA proposed it was about $45,000. Cornerstone's calculated percent based on the second amendment was over $80,000 for one year. Mr. Mutnick commented the combination of the second amendment, the exhibit, and Cornerstones calculation spelled out the issue. Mr. Mutnick pointed out Cornerstone presented two years' worth of calculations in the last audit. They presented an audit in 2015, and did not prepare one for 2016. Their original calculation submitted with the audit they proposed generated the amount due to 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 Cornerstone for 2016 and 2017. The audit report was included and it totaled about $180,000. He believes although it is an annual calculation for those funds, the funds should be paid as they did two years in one year and did not do a calculation in the prior year. The contract indicates it would be done for a 10-year period, not on an annual basis. Chair Grant asked if Cornerstone could skip an audit for five years and then return and present an audit for the prior five years. Mr. Mutnick did not know, but thought the funds could be appropriated, reserved and paid at some point in time when applied for. Attorney Duhy explained she had provided a brief memo. She pointed out addendum Sections 5.2 and 5.27 read together indicate that for the CRA to comply with its legal requirement to allocate funds annually to a project, because the CRA is not able to hold tax funds they receive, the CRA has to receive the audit as required in the initial draft agreement and specifically stated as to the calculation of units to assess the funds. If an audit is not provided and is made a condition precedent to receive funding, the CRA cannot perform that duty which is a statutory requirement. It is the CRA's opinion that if the developer fails to submit a sufficient audit prior to the April 1St deadline, the CRA is not required to provide, and legally cannot, as an entity under state law, provide the funding. April 1st is the due date for the funding. The date of the deadline is not in the contract, but it is a condition precedent to receiving funding in that year. Vicki Hill, CRA Finance Director, referenced Section 6.2. The audit is a condition precedent for the CRA to distribute funding on April 1St. Chair Grant explained if the CRA does not receive the audit before April 1, they do not have to pay. Ms. Hill explained the CRA auditor assisted her with the calculations, as did the past Finance Director and this is the way they felt it should be. There was one for the items sold and the other for the units rented. One category was for 10% and other was for 76%, which is how they got their calculation. Mr. Mutnick understood, but felt it was incorrect based on the amended contract. Chair Grant received confirmation there are two different measuring guideline: one is 10% of homes and the home values with it are homesteaded that are different than the apartment rentals. The exhibit said "either or." That first audit was in 2015 and the second amendment was added in 2010. They also waited five years for the DIFA, which was not in the contract. Attorney Duhy explained she had not reviewed the appendix and wording. She viewed Ms. Hills' interpretation as compliant, but wanted to read the entire agreement as the issue was supercedence of Amendments 1 and 2. Motion Board Member McCray moved to table the item to get a clear picture from Counsel. Board Member Katz seconded the motion that unanimously passed. Attorney Duhy requested Cornerstone state they are waiving the requirement, because the last time they did this, it said the CRA Board will make a determination in April, in order for the CRA to assess their position and bring it back to the Board in June, otherwise 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 the Board would have to un-table the item and vote on it tonight. Mr, Mutnick agreed to defer the item. It was noted both issues were tabled. F. Consideration of Approval of System Audit Reports and Payments Release to Hart Seabourn Cove, LLC for the Properties known as Seabourn Cove - Phase I & Phase II Motion Vice Chair Romelus moved to approve. Board Members Katz and McCray seconded the motion that unanimously passed. G. Project Update 211 E. Ocean Avenue Mr. Simon explained the May 14th deadline with Shovel Ready to obtain their permit or be subject to the reverter clause was met. After many hours of meetings, substantial approvals started last week with staff, the architectural team and with staff review. The Board had extended the 60-day deadline and the Board could waive the reverter. He commented City staff went above and beyond to help and the items were resolved. All that remains is to calculate the fees owed for permits approved and officially approving the item once the fees are collected. Board Member McCray thanked Mr. Williams for his efforts. He had asked Mr. Williams how many individuals he had to go through to get to this point as there were many consultants involved in the project and the developer stayed the course. He appreciated the developer's patience with the City and the City's patience with the developer Jim Williams, AW Architects, 7700 Congress Avenue, Boca Raton, explained there was a lot of turnover. They would respond to comments and then the City would have a new review and more comments, which occurred several times. He appreciated the efforts the Building Department took. Board Member Casello noted months went by with no response from Mr. Williams' team. Only after the Board drew the line in the sand was action taken. Board Member Casello had reservations where the project would go from now and he asked Mr. Simon for a timeline. Mr. Simon explained once the fees are paid between this meeting and Tuesday, commencement of construction must occur within 60 days. Board Member Casello asked for confirmation they could start construction by then. Mr. Williams responded he knew the contractor and he was ready to get started. There were delays on both sides and Mr. Williams was caught in the middle. Board Member Casello wanted to see the timeline followed; however, Mr. Williams explained it was beyond his control. He understood the financing was in place and the contract was signed. Board Member Casello queried if the reverter clause applied if construction did not start in 60 days and learned it could. Board Member Katz thought if at 60 days, it is not done, the contract should be voided and the issue closed. The item will not be on the agenda and the reverter clause would 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 be enacted. He thought minimal efforts were made to comply and it was just enough to drag out the process. Vice Chair Romelus commented they met the requirements and she wanted to move to the next step. She favored working with them. Chair Grant noted it took a lot of work and they have a Certificate of Occupancy for 480 E. Ocean with no tenant. He requested Mr. Williams convey to the owner the Board is looking forward to working with him as much as possible, but they really appreciate timelines. Mr. Williams agreed to do so. 14. New Business A. Consideration of Terms for Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for Funding Associated with the FDOT US1 Intersection Enhancement Project Mr. Simon explained a term sheet and last month's minutes will be provided to the City Commission indicating the Board will enter into an interlocal Agreement when the document is prepared, so the City can sign it as required by the Florida Department of Transportation for the US 1 Corridor Intersection project approved at last month's meeting. Motion Board Member Katz moved to approve. Vice Chair Romelus seconded the motion that unanimously passed. B. Consideration of Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding associated with the NW 11th Avenue Street and Utility Improvements associated with the Model Block Project Motion Board Member McCray moved to approve. Vice Chair Romelus seconded the motion that unanimously passed. B. Consideration of Request from the Boynton Beach Playhouse for use of the Historic Woman's Club of Boynton Beach (Tabled 4/10/18) Motion Board Member McCray moved to remove from the table. Vice Chair Romelus seconded the motion that unanimously passed. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 Board Member Katz noted there was an email they were not pursuing venues in the City. No further action on the item was needed. D. Consideration of Grant Funding for the Boynton Beach CRA Non-Profit Organization Grant Program Board Member McCray noted there were several typographical errors on the cover sheet for this item. He explained he was available to proofread. Vice Chair Romelus agreed the errors irk her and she sees them all over. She requested staff slow down. Chair Grant did not see Side Project Inc.'s application. Ms. Shutt explained they are large applications and they were not recommended for funding. In the future, they could include the applications. Chair Grant commented the applicants were are all local businesses and he thought it was important the applicants could review it so they could score higher next time. Board Member McCray wanted to know what the Board could expect from the Community Caring Center with the $57,000 over a six-month period. Sherry Johnson, Executive Director, Community Caring Center, 145 NE 1St Avenue, explained they surpassed all the benchmarks they set for entrepreneur development, economic impact and jobs created. They added a job training program in the Culinary industry. The Board required creating at least 10 jobs last year and at least 30% of them be Boynton Beach residents. They met that requirement and expect to surpass it this year. Mr. Simon explained this grant application was for 2018. Motion Board Member McCray moved to approve. Board Member Casello seconded the motion that unanimously passed. Mohammad Abdul, Habitat for Humanity of S. Palm Beach County, 181 SE 5th Delray Beach. Mr. Abdul explained they requested a $40,000 grant. The organization has continued to build on the partnership with the CRA and the City. They currently have two villas under construction serving four families and they are continuing to undertake six neighborhood revitalizations in Boynton Beach. They want to continue their work in the Heart of Boynton and requested approval as the grant would be used mostly for neighborhood revitalization. Their proposal detailed the costs. Board Member McCray asked what Will the money be used for besides building homes in the HOB and learned they will make repairs outside and/or neighborhood revitalization work, which could include sod or painting. Ms. Shutt explained after approval, staff will work with the grant recipients to develop an agreement with measurables and a timeline which will be on the June 12th meeting 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 agenda. The grant will be reimbursed on a quarterly basis, subject to submitting the deliverables and the back-up documentation. Motion Board Member McCray moved to approve. Vice Chair Romelus seconded the motion. Vice Chair Romelus asked if Habitat could incorporate a program to instill pride in homeownership such as a best home on the street or best street in the neighborhood concept. Mr. Abdul explained they were trying to put together an ambassador team to champion homeowners to be more engaged in the neighborhood. This could also include addressing safety issues such as if a resident sees something, they should say something. He commented he would bring it back to his team as sometimes when homeowners see their water bill, they do not want to water their lawns as needed. Board Member McCray noted years ago the City had a program to recognize people with the most beautiful lawn and he thought the City Manager could bring the information back to revive the program to bring pride back to the community. Chair Grant thought the program could be discussed at the City's budget meeting. Vote The motion unanimously passed. On a different matter, Vice Chair Romelus wanted an update on the Boynton Beach Boulevard renewal process with Kimley Horn or add to a future agenda item. Ms. Shutt explained the CRA applied for a S2.4 million grant with the Transportation Planning Agency for improvements on Boynton Beach Boulevard per the Board, from US 1 to 1-95, with the understanding they would have to dovetail with the Florida Department of Transportation (FDOT) Interchange project. They met all of the minimum requirements and staff was revising the application based on the site visit the City Engineer, she and others had with FDOT representatives had last week. Kimley Horn will submit a revision based on the cross section that was approved by FDOT and there will be a review and ranking at the end of this month. If ranked high enough, some funds could be awarded. She noted the grant program is a five-year program. The FDOT will work with TPA applicants to ensure they get the design approved to meet all standards so the funds can be spent by 2023, which is the same time the interchange work will be done. The CRA has had multiple meetings with FDOT project managers about the interchange and TPA staff. Hopefully, the work could be done in one phase in about four to five years. Mr. Simon explained staff will bring updates on the designs from Kimley Horn as well as the grant as with or without the grant funding, FDOT still has to approve the design. Staff was hopeful they will meet the criteria as an award would offset local dollars. Approval by FDOT will occur by July based on 70% design completion. He advised FDOT will actually do the project if they are doing the design and managing the project. He noted 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida May 8, 2018 this was good because the Town Square projects will be constructed in the next two or three years and it was better to have a new road constructed after the Town Square construction was finished. Board Member McCray attended a TPA meeting as an alternate and there was an in- i service class. He agreed with Ms. Shutt's comments and found the class very educational. The next TPA meeting will be at Intracoastal Park Clubhouse on May 17th at 9 a.m. Staff was also able to connect Galaxy School with FDOT to address traffic issues occurring there during school hours. 15. CRA Advisory Board A. CRA Advisory Board Agenda - May 3, 2018 B. Approval of CRA Advisory Board Meeting Minutes - April 05, 2018 C. Pending Assignments: None D. Reports on Pending Assignments: None E. New Assignments: None 16. Future Agenda Items A. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor 17. Adjournment Motion There being no further business to discussed, Board Member Katz moved to adjourn. Board member McCray seconded the motion that unanimously passed. The meeting was adjourned at 8:42 p.m. Catherine Cherry Minutes Specialist 19 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 CONSENT AGENDA AGENDAITEM: 10.D. SUBJECT: Approval of Extension for Divine N Corp, d/b/a That's Amore's Commercial Facade Improvement Grant Programs located in Casa Costa SUMMARY: On October 10, 2017 the CRA Board awarded a Commercial Facade Improvement Grant to That's Amore Pizzeria for eligible improvements including signage and exterior lighting in their new location at 308 N. Federal Highway at Casa Costa (see Attachment 1). Per the grant guidelines, the applicant has 120 days from permit approval to complete their project and submit for reimbursement. The grant was scheduled to expire on March 2, 2018. On March 1, 2018, Natacha Kablova, owner of That's Amore, sent a letter requesting the 60-day administrative extension to April 30, 2018 in order to submit for reimbursement which was approved by staff. At their May 8, 2018 meeting, the CRA Board approved a 60 day extension in order to receive their Certificate of Occupancy (CO). That's Amore Pizzeria received their CO from the City of Boynton Beach on May 24, 2018. Since their grand opening on February 20, 2018, That's Amore has realized customer demand for an outdoor dining area. As a result, That's Amore is requesting an additional extension to utilize the balance of their available grant funding for fabrication and installation of a new a patio awning for their outdoor dining area (see Attachment I I & 111). That's Amore Italian Pizzeria has provided all other reimbursement documents as required by the grant program and is requesting a 120-day extension from the July 10, 2018 CRA Board meeting to allow time for the installation of an outdoor patio awning. FISCAL IMPACT: FY 2017-2018 Project Fund, line item 02-58400-444, $8,466.50 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the request of a 120-day extension from the July 10, 2018 CRA Board meeting for the Commercial Facade Improvement Grant to Divine N Corp, d/b/a That's Amore located at 308 N. Federal Highway, Boynton Beach, FL 33435 ATTACHMENTS: Description D Attachment I -October and November Minutes and Location Map D Attachment II - Request for an Extension D Attachment III -Awning Quote Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Redevelopment Association Conference will make a 10-minute presentation of the project and the CRA's role in the project and providing information to other CRAs how to duplicate the CRA's efforts to help them. He thanked the Board for their support of the project awards and the work the CRA does. Between these awards and the awards from the Florida Festival and Events Association, the Board should recognize the successful work the CRA does both regionally and internationally. It was noted the awards are displayed in the CRA Conference Room. VIII. Consent Agenda A. Financial Report Period Ending September 30, 2017 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes -August 29, 2017 D. Approval of CRA Board Meeting Minutes - September 19, 2017 E. Approval of Contract Agreement for the Boynton Beach Holiday Tree Lighting and Concert Decor. F. Approval of Driftwood 2005, LLC for Commercial Rent Reimbursement Grant Program G. Approval of Divine N Corp, d/b/a That's Amore for Commercial Rent Reimbursement Grant Program H. Approval of Divine N Corp, d/b/a That's Amore for Commercial Facade Improvement Grant Program I. Approval of Boynton Stretch, LLC for Commercial Rent Reimbursement Grant Program IX. Pulled Consent Agenda Items None Motion Vice Chair Katz moved to approve the Consent Agenda. Board Member Romelus seconded the motion that unanimously passed. X. Information Only A. Public Comment Log 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 D. Approval of Fashion Shoppes Boutique, Inc. for Commercial Facade Improvement Grant Program E. Approval of Boss Tacos, Inc. for Commercial Facade Improvement Grant Program F. Approval of Divine N Corp, d/b/a That's Amore for Commercial Interior Build- Out Grant Program G. Approval of Home Racer, LLC for Commercial Rent Reimbursement Grant Program Motion Vice Chair Katz moved to approve the Consent Agenda. Board Member Romelus seconded the motion that unanimously passed. X1. Pulled Consent Agenda Items None. XII. Public Hearing XIII. Old Business A. Financial Report Period Ending October 31, 2017 Mr. Simon explained this item is usually under Information Only, but was moved to Old Business in case the members had any questions. Board Member McCray asked if the CRA was on track and learned they were. An audit will take place at the end of November and a report will be made in January. It was noted the CRA did very well last year. B. Neighborhood Officer Program 4th Quarter Reports for FY 2016 — 2017 Mr. Simon explained the report was in the backup. Sergeant Diehl was present if there were any questions. Board Member McCray was glad to see the newest member present. Board Member Romelus thanked the Officers for attending various events. C. Consideration of Amendment to the Interlocal Agreement for the Neighborhood Officer Program for FY 2017 — 2018 Mr. Simon explained this item was a housekeeping item. The Interlocal Agreement with the City for this program is an annual agreement. Now that a third officer was added, 9 10/3/2017 PAPA Maps mom*CFA AAS m p Search by Owner Address or Parcel ."4th s sO O wh r.a w��r - { N3rdAue r�i 1 - s Is t ��z E�3oyntan,Beach C�YYc# tr< ' Ig _ r 1 a asa Lom r LLJ to http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522470120411# 1/1 Nicklien, Bonnie From: Utterbadk,Theresa Sent: Wednesday,June 27' 2OI83:33PM To: NicNien' Bonnie Subect FW: Commercial Facade Awning @yCasa Costa, Extension ofTime Attachments: Hoover estimate.pdf Theresa Utterbock Deve|opmentServices Manager, Boynton Beach CommunityRedeve|opmentAgency 71ON. Federal Hwy. | Boynton Beach, Florida 33435 k- 561-600-9094 1 15 561-737-3258 UtterbockT@bbf|.ua http�//vvvvvv.cotchboynton.com America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. From:That's Amore ... <dao@pizzeriathatoamore.com> Sent:Wednesday,June 27, 20183:12PM To: Utterback,Theresa <UtterbackT@bbf|.uo> Cc: Simon, Michael <SimonM@bbf|.uo> Subject: Re: Commercial Facade Awning @ Casa Costa, Extension ofTime Dear Theresa, as per our conversation, | would like to request an extension for our exterior grant in order to install an awning outside of our restaurant. Sofar the exterior grant includes only the sign and we have not used all the funds allocated to our project for interior build-out. Attached is an estimate from one of companies that | have contacted. We need this awning in order to increase our sitting capacity as during the winter months we just don't have enough seats inside the restaurant. Please let me know if you need any additional info /details from me. Thank you ! All the best, z Natacha Koblova Mobile: 561-307-8773 Pizzeria That's Amore 561-536-4100 308 N Federal Hwy Boynton Beach, FL-33435 Facebook: @pizzathatsamore www.pizzeriathatsamore.com From: Utterback,Theresa <UtterbackT@bbfl.us> Sent: Friday,June 22, 2018 4:43:56 PM To:That's Amore ... Cc: Simon, Michael Subject: RE: Commercial Facade-Awning @ Casa Costa, Extension of Time Fantastic, yes a detailed email will suffice as your formal request. I left you a voicemail. Happy Friday! Theresa Uter'a l dn-,finis ra i e Services Manager Boynton Pearl... Con-m-wnity Redevelopn-,ient Agency 10 H. Federal Hwy. I Boynton Beach, Florida 33435 561-600-9094 1 IEj, 561-737-3258 FI er'ba l<T@bbfl.us 1ip: . a lib:ynton. on"i America's Gateway to the Gulfstream Please e advised that Florida has a goad public records law and all correspondence to n-ie via en-rail n-,Iay e subject o disclosure.Under, Florida records law, en-sail addresses are public records.Therefore, your,e-n-iail on-in-wni a ion ars your,e-n-iail address n-,iay e subject o public disclosure. From:That's Amore ... <ciao@pizzeriathatsamore.com> Sent: Friday,June 22, 2018 1:21 PM 2 To: Utterback,Theresa <UtterbackT@bbfl.us> Subject: Re: Commercial Facade-Awning @ Casa Costa, Extension of Time Hello Theresa Ok, everything seems to work so far. I spoke with Ed Breeze, he said 3 months should be enough and already sent me all requirements for the awning. I spoke with awning company they are ready to start with project once I give deposit And landlord gave verbal ok to the project, meeting with the property manager at 3 pm today to finalize details -the max size of the awning etc Please let me know if I have to write a formal letter requesting grant extension? Or if anything else that needs to be done on my side Thank you for everythingM Natacha Have a wonderful day Natacha Koblova Pizzeria That's Amore 308 N Federal Hwy Boynton Beach, FL 33435 www.pizzeriathatsamore.com On Jun 18, 2018, at 1:28 PM, Utterback,Theresa <UtterbackT@bbfl.us>wrote: Hi Natacha: Per our telephone conversation, I have attached the acknowledgement forms for the City. Before I request an extension to include the awning in the commercial facade grant I need to be sure the City will allow an awning on the building, etc.... Please make arrangements to see the permitting dept. (John Kuntzman 742-6376)and the planning dept. (Ed Breese—742-6262)to explain your intentions for the awning and what exactly will be required from you. I do know that a permit will be needed but I want to be sure that the awning structure is allowed. Thanks Natacha. I think this is important to expand your seating! Sincerely, Theresa Theresa Iter'a k Adn-,iinistrative Services Manager, Boynton Beach Con-m-wnity Redevelopn-ient Agency 10 H. Federal Hwy. I Boynton Beach, Florida 33435 561-600-9094 561-737-3258 Utter'bacI<r@bbfI.us littp://www.catcl.iboynton.con"i 3 America's Gateway to the Gulfstream Please be advised that Florida has a br,oad public r,ecor,ds law and all correspondence to n-ie via en-rail n-,Iay be subject to dicloy ur'e.Under, Flor,ida r,ecor,ds law, en-sail addresses ar,e public r,ecor,ds.Ther,efor,e, your,e-n-iail con-in-wnication and your,e-n-iail address n-,iay be subject to public disclosur'e. <Planning & Permit Acknowledgement Forms.pdf> 4 Winner of over 80 Iloover Canvas Produc=/s Co., 1)[3.4 Serving all South Florida National and E Since 1949 International Awards ARCHITECTURAL Ft. Lauderdale Office Palm Beach Location 844 NW 9th Avenue , tris. , 91II'�r�,,, pli,� 1 M 5107 N. Australian Avenue Ft Lauderdale, FL 33311 . West Palm Beach, FL 33407 954-764-1711 Proposal 561-844-4444 www.HooverAP.com INVOICE TO PROJECT NAME That's Amore STREET STREET 308 N Federal H CITY,STATE,ZIP CODE CITY,STATE,ZIP CODE Boynton Beach, FL PHONE CONTACT EMAIL CELL 561 3078773 Natacha Koblova PATTERN NBR. VALANCE SCALLOP BRAID TRIM PAINT FRAME Coastline Plus Vinyl 10" Wrapped NA NA Match Cover Fabricate and Install 1. One 37' x 16' Patio Canopy anchored to east wall of restaurant and standing on three columns anchored to concrete footers provided by Hoover. Cover to be Coastline Plus Vinyl in the customer's choice of standard colors. • SCHEDULE 40 GALVANIZED STEEL FRAMEWORK • ALL WELDS TO BE MITER CUT, MIG WELD, GRIND WELDS • ZINC PRIME WELDS AND HOOVER STANDARD PAINT FRAME. • COVER TO BE COASTLINE PLUS VINYL. • TENARA GOR-TEX THREAD ON ALL SEWN SEAM. *u'a Neon NegNet 53uyrng[2em&y **PermIt Fess, Engineering Fees,and/or Applicable Government Fees AddffionM if needed** Hoover AP does not connect or disconnect electrical components.Customer is responsible for any electrical work.Hoover does not remove or replace pavers.Customer i; responsible for re installation and repairs of pavers.One year warranty on our materials and workmanship.Five year warranty on all seams against failure.Ten year warranty on frames against structural failure.All warranties apply to Dade,Broward,Palm Beach and Martin Counties. For warranties in locations outside of these counties,see section 19 in "Terms and Conditions of this sale". A Proposal in excess of$5,000.00 will not be binding on Hoover until signed by an executive officer. PRICE $16,933.00 PERMIT Per city fees HIS IS A LUMP SUM CONTRACT UNLESS OTHERWISE STATED. $150 We Propose hereby to furnish material and labor as described above. ENGINEER Proposal in excess of$5,000 will not be binding on Hoover until signed by an executive officer. Sales Person: Michael Hess Date: 5/29/2018 TOTAL Email: Nlike(&hoovercanvas.com Date: DEPOSIT Hoover AP Exec: BAL DUE Payment Terms: '/z down/Balance upon Completion CUSTOMER CANVAS AND VINYL AWNINGS WILL WRINKLE. Acceptance of Proposal- The above prices, specifications PRINT NAME and conditions on the reverse side hereof are satisfactory and re hereby accepted. You are authorized to do the work as SIGNATURE DATE specified. Payment will be made as outlined above. I OWN THE PROPERTY El YES El NO BC1258905 C.C.#77-76-AE U-15047 C.C.#1630 •The"TERMS AND CONDITIONS OF THIS SALE"accompany,and are part of,this proposal • PLEASE RETURN SIGNED ORIGINAL UPONACCEPTANCE TERMS AND CONDITIONS OF THIS SALE 1.Hoover Canvas Products Co.,(hereinafter"Hoover'or"we")hereby warrants all materials to be as specified and that all work shall be performed in a workmanlike manner, according to accepted standard practices. THIS EXPRESS WARRANTY EXCLUDES ALL OTHER AGREEMENTS, REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED. HOOVER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 2."Customer'or"you"understands that all vinyl coated and fabric materials will expand and contract when exposed to changing temperatures and weather conditions. These materials may be used to construct awnings, trim, and binding and Hoover cannot warranty these materials against wrinkling and shrinkage. Any necessary sewing or stitching of material will be done with white thread. 3.Acrylic material is not waterproof. It has a tendency to leak when wet. (Sunbrella,etc.)Customer shall have a pro rated warranty on fabric,whether manufactured from vinyl-coated fabric or other fabric types,provided the awning has been maintained and cleaned regularly. The Customer's failure to maintain and clean the awning regularly could result in the fabric not meeting its intended life expectancy and voiding this warranty. Hoover recommends cleaning every three months. 4.Lateral arm awnings("Retractable Awnings")are designed for sun protection only,not for rain protection.Hoover cannot warrant Retractable Awnings against collapse or damage resulting from rain,severe weather,or winds in excess of 30 m.p.h.During such time,the Customer is advised to keep these awnings retracted. Hoover recommends that Customer use only acrylic fabric with Retractable Awnings,use of any other fabric voids Hoover's warranty. Motion/wind sensors do not,in anyway,guarantee against damage from winds in excess of 30MPH. 5.Hoover shall not be responsible for loss or damage to Customer's business or property or injury or death to persons. For any risk,liability or responsibility assumed by the Customer and/or Owner under this Contract, or disclaimed by Hoover under this Contract (collectively,the"Assumed Risks"),the parties acknowledge and agree that:a] some of the Assumed Risks may be covered under insurance held by the Customer or the property owner; b] Hoover shall have no liability (in contract or in tort)to the Customer, property owner and/or third parties for any of the Assumed Risks, regardless of whether Hoover takes any action to avoid,limit or remedy any of the Assumed Risks; and c]such action or inaction on the part of Hoover shall not constitute a breach of this Contract or of any duty of care owed to the Customer,a property owner or third parties. Notwithstanding any other contrary provision in the Contract,Customer agrees to indemnify,hold harmless and defend Hoover from and against any and all claims, obligations,demands,damages,causes of action,liabilities,losses,and expenses,including reasonable attorneys'and expert fees,whether now known or hereafter known, foreseen or unforeseen,attributable in whole or in part to the Assumed Risks(the"Indemnity").This Indemnity shall be capped at$1 million dollars(US)and is given to Hoover in consideration for the warranty offered by Hoover hereunder(if applicable)and/or for the job pricing,which would be higher absent the Indemnity. 6. The parties agree that Customer's sole and exclusive remedy against Hoover shall be for the repair or replacement of any awning materials,which are defective when delivered. In no event shall Hoover be liable for direct,indirect,special,incidental or consequential damages(including loss of profits)whether based on contract,tort or any other legal theory. Any defects or discrepancies in the awning materials as delivered or installed must be reported to Hoover within twenty(20)days after the Customer receives the awning materials or it will be conclusively presumed that the awning materials were as ordered and were received in good condition. Notice to Hoover of any defects,discrepancies or objections must be delivered in writing via certified or registered mail to the address shown on the face of this agreement. 7. It is hereby expressly provided that although the said materials have been hereinbefore described, the materials delivered by Hoover hereunder shall be deemed to correspond with their description, when they correspond with the sample which has been produced to, examined and selected by the Customer. Since aesthetics is an important factor in our industry and since Hoover's services are essentially to transform canvas and metal into pleasing designs,it is sometimes necessary to alter Customer's layout and/or specifications to make them conform to available materials,acceptable tolerances and engineering or regulatory constraints. Hoover reserves the right to make such changes. Hoover also reserves the right to cancel this contract if engineering changes required by a governmental entity or permitting authority increase Hoover's materials and/or labor costs by more than 5%.Hoover is not obligated to advance any permitting or engineering fees on Customer's behalf. 8.Hoover will not be responsible for the usefulness of any frame not built or installed by us,unless we are authorized by the customer to rebuild same to Hoover's specifications.Hoover does not warrant against water leaks where awning meets wall when existing frames are recovered,unless such leaks are listed and addressed on contract.All awning materials used by Hoover have been treated with a mildew inhibitor.Mildew is micro-organic bacteria,which can grow on any material,metal,glass or plastics,BUT WE OFFER NO GUARANTEE WHATSOEVER THAT MILDEW WILL NOT OCCUR. 9. It is hereby expressly acknowledged,understood and agreed that this is a contract for a special order of custom fabricated goods and materials and the Customer cannot alter,revoke or cancel the same without the specific written consent of Hoover. 10. The estimated delivery date of this order is subject to contingencies beyond the control of Hoover, including, but not limited to fires,strikes, lockout, inability to secure material, labor or transportation, inclement weather, accidents,Acts of God and unavailability of the Customer. In the event of the occurrence of such contingency, the estimated delivery date shall be extended by equal duration to the extent of the duration of such contingency. 11.Customer agrees to pay Hoover the full balance of the purchase price immediately upon completion and delivery of the material and work to the Customer and time of such payment shall be of the essence. No back charges will be accepted.Hoover shall retain title to all goods pending receipt of the entire purchase price. 12.The Customer covenants and agrees that upon his default by the failure to pay any part of or the entire purchase price when due,or otherwise,Hoover shall,at its option, have the right to: A.Without judicial action,take possession of all said property and all payment made by the Customer up to the time of said default shall be applied as rent and depreciation on said property for and during the time the property is in the Customer's possession. Permission is granted to re-enter the property to remove said property;Hoover is granted permission to re-enter the Customer's land or structure to remove said property;and/or, B.Bring legal action to collect all monies due Hoover under the terms of this agreement;and/or, C.Enforce and foreclose a lien against the said property without further notice to the Customer;and/or, D.Void any warranties and pursue any other remedy available to said company in law or in equity. 13.The Customer covenants and agrees to pay reasonable attorney's fees and costs to Hoover in the event Hoover incurs such fees and costs in enforcing its rights under the terms of this contract,including attorney's fees incurred in obtaining and enforcing a judgment and/or pursuing on defending an appeal. Any legal action brought by either party shall be governed by Florida law and,shall,at Hoover's election,be brought in Broward County,Florida,or a different county if necessary to enforce Hoover's lien rights or other remedies. 14.This proposal by Hoover shall expire thirty(30)days after date of issue,but is subject to withdrawal during such time if notice to that effect is given before written acceptance by the Customer.The only terms of the agreement between the Customer and Hoover are those set forth in this document,and these terms may be changed or modified only by a writing signed by both parties. 15.After acceptance of this proposal,any delay by the purchaser may result in a change of price corresponding to any change in the cost of labor or raw materials. 16.A charge of 1-1/2%per month or fraction thereof(18%per annum)shall be added to all delinquent accounts. 17.Occasionally after installation,"pinholes"can be found in the awning cover.This is not a result of fabric quality,and does not affect the long-term performance of your awning cover.Should this occur,we will address the pinholes to keep water from coming through your awning cover. Once we have addressed this issue,we guarantee,that your awning cover will not fail as a direct result of the original pinholes,for a period of five(5)years from the date of installation. 18.Over time,awnings experience a great deal of environmental hardship from day-to-day exposure to the elements.This exposure may cause the awning cover to fade and lose color,become brittle and hard or even lose material surface from what is known as"plasticizer migration".Given these conditions,we know that removing a cover may result in any combination of the following conditions:"pinholes",cracks,small tears,wrinkles and/or"crazing".In addition,once awning covers are removed from the frame and reinstalled,they tend to readily attract dirt,smudges and marks.Therefore,if we remove awning cover from the frame for storage,cleaning and/or maintenance,we cannot guarantee or provide remedy against the above possible conditions.Any awning taken down,regardless of age,will get extremely dirty and Hoover Canvas Products cannot be held responsible for this occurrence.We recommend that awnings be thoroughly cleaned prior to any work being done,requiring awnings to be taken down. 19.Concerning warranties for jobs outside of Dade,Broward,Palm Beach and Martin counties.Hoover will not be responsible for any expenses incurred by Hoover to bring Hoover's labor,to and from the job site,or to bring the awning(s),to and from Hoover,including(without limitation):airfare,room and board,taxi's,rental cars,taxes,duty, labor cost to and from the job site,etc. 21.Customer acknowledges receipt from Hoover of exhibit"A"called"Statutory Disclosures". Customer's signature: Date: / /2018 STATUTORY DISCLOSURES Hoover Canvas Products Co. Exhibit"A CONSTRUCTION LIENS. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW(SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR,YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE,YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A"NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. CONSTRUCTION DEFECTS.ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. THREE (3) DAY RIGHT OF RESCISSION (applicable only to residential homeowners).YOU ARE ENTERING INTO A CONTRACT THAT MAY RESULT IN A LIEN ON YOUR HOME.YOU HAVE A LEGAL RIGHT UNDER FEDERAL LAW TO CANCEL THIS CONTRACT,WITHOUT COST,WITHIN THREE BUSINESS DAYS FROM THE DATE YOUR CONTRACT IS FULLY EXECUTED (SIGNED BY BOTH PARTIES). IF YOU DECIDE TO CANCEL THIS TRANSACTION,YOU MAY DO SO BY: A] NOTIFYING HOOVER IN WRITING AT THE POSTAL ADDRESS OR E- MAIL ADDRESS SHOWN BELOW; B] USE ANY WRITTEN STATEMENT THAT IS SIGNED AND DATED BY YOU AND STATES YOUR INTENTION TO CANCEL; AND C] SENDING THE NOTICE NO LATER THAN THE THIRD BUSINESS DAY FOLLOWING FINAL EXECUTION OF YOUR CONTRACT. IF YOU SEND OR DELIVER YOUR WRITTEN NOTICE TO CANCEL SOME OTHER WAY, IT MUST BE DELIVERED TO HOOVER AT THE ADDRESS BELOW NO LATER THAN THE ABOVE SPECIFIED TIMEFRAME. IF YOU PROPERLY AND TIMELY CANCEL THE CONTRACT, HOOVER WILL REFUND YOUR DEPOSIT(SUBJECT TO CLEARANCE OF ANY DEPOSIT MADE BY CHECK)WITHIN 10 BUSINESS DAYS, NOT INCLUDING THE DATE HOOVER RECEIVES YOUR WRITTEN NOTICE OF CANCELLATION. ANY SUCH NOTICE OF CANCELATION SHOULD BE ADDRESSED TO HOOVER CANVAS PRODUCTS CO., ATTN LUCIE FABIEN, 844 NW. 9TH AVE., FT. LAUDERDALE, FL 33311 EMAIL: LUCIEAHOOVE CA VAS.CO . CONSTRUCTION INDUSTRIES RECOVERY FUND. PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS. CONSTRUCTION INDUSTRY LICENSING BOARD, ATTN. RECOVERY FUND, 1940 NORTH MONROE STREET, SUITE 60, TALLAHASSEE, FL 32399, (850)921-6539. t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 OLD BUSINESS AGENDAITEM: 13.A. SUBJECT: Project Update 211 E. Ocean Avenue, a/k/a Magnuson House SUMMARY: CRA staff is providing the CRA Board with an update on the 211 E. Ocean Avenue project development timeline and developer/owner obligations as agreed to in the Purchase and Development Agreement along with any accompanying Addendums (see Attachment 1). Under the terms of the final Addendum agreed to at the March 13, 2018 Board meeting, Shovel Ready Projects had until the end of day on May 14, 2018 to obtain a building permit. By May 15, 2018, the City of Boynton Beach Building Department had not issued an approved permit to Shovel Ready Projects, LLC. As directed by the Board, CRA legal counsel provided a Notice of Default to Shovel Ready Projects, LLC and their legal representative, Mr. Tom Carney, that they had 30 days to return the property's deed to the CRA and in exchange, the CRA would pay them $255,000, which represents the acquisition value of their original Purchase and Development Agreement. On May 24, 2018, legal counsel for Shovel Ready Projects, LLC, issued a response letter to CRA legal counsel disputing the basis of the Default (see Attachment 11). On June 1, 2018, the CRA's Executive Director and legal counsel agreed to a meeting request made by Mr. Tom Carney, Mr. David Katz and Mr. Steve Labov of Shovel Ready Projects, LLC, to discuss the anticipated order of proceedings to occur at the June 10, 2018 CRA Board meeting. At their June 10, 2018 meeting, Mr. Carney presented the CRA Board with two options for their consideration; 1) grant an extension to Shovel Ready Projects, LLC allowing them to complete the project with certain time adjustments; and 2) they would revert the property deed back to the CRA as per the terms of the Addendum for the original purchase price amount and an additional sum of $50,000 as reimbursement for certain project expenses incurred to date (see Attachment 111). After lengthy discussion, the CRA Board elected not to take action on either option as presented and requested Shovel Ready Projects provide them with a list of verifiable costs referenced under Option#2. As directed by the CRA Board, on expiration of the 30 day deadline date to return the deed on June 15, 2018 CRA legal counsel issued a Notice of Default and Reverter of Property to Shovel Ready Projects (see Attachment IV). On June 20, 2018, CRA legal counsel received an email from Mr. Carney providing a list of expenses incurred by Shovel Ready Projects, LLC without supportive documents (see Attachment V). FISCAL IMPACT: To be determined based on Board action. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Take no action and proceed with legal remedies in order to obtain the property deed under the terms of the Reverter and Agreement Addendum. 2. Approve Option 1 as presented and allow Shovel Ready Projects to complete the project with new development timelines. 3. Approve Option 2 as presented and have the deed reverted to the CRA for $255,000 plus $50,000 in project related and verified expenses. 4. Approve Option 2 as presented and have the deed reverted to the CRA for $255,000 and negotiate a different amount of reimbursable project related and verified expenses. ATTACHMENTS: Description D Attachment I -Summary of Actions -211 E. Ocean Avenue D Attachment II - May 24, 2018 Response to Notice of Default from Tom Carney D Attachment III -June 8, 2018 email from Tom Carney presenting Two Options for Board Consideration D Attachment IV -June 15, 2018, Notice of Default- LLW D Attachment V -June 20,2018 Email list of expenses from Tom Carney t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Project Update 211 E. Ocean Avenue, a/k/a Magnuson House SUMMARY: The Board approved the Purchase and Development Agreement with Shovel Ready Projects, LLC for the 211 E. Ocean Avenue property in October 2015, and approved two subsequent Amendments in February 2016 and November 2016 (see Attachment 1). As previously presented to the CRA Board, the project's building permit application and design plans were submitted to the City in late December 2016. The City's plan review process has generated several rounds of comments to which the owner's architect, Jim Williams of AW Architects produced plan revisions for each in March 2017, April 2017, and most recently in mid-October 2017. On September 20, 2017, CRA legal counsel sent a letter to the property owner reminding them of their obligations under the contract and to make diligent effort obtain building permit plan approval. At the December 12, 2017 CRA Board meeting, there was Board discussion concerning the length of time the permit process was taking and directed staff to notify the property owner that permit plan revisions should be submitted by December 21, 2017 (see Attachment I I & 111). As of the Board's January 18, 2018 meeting, confirmation was obtained from the City that plans had not been submitted. After discussion, the Board voted not to pursue legal remedy under the terms of the contract (see Attachment IV). At the February 13, 2018, CRA Board meeting, no plan revisions or written response to City comments had been submitted for the 211 E. Ocean Avenue project. and the CRA Board directed legal counsel to initiate the formal process to evoke the reversion terms under the Purchase Agreement by providing thirty (30) day notification of default to the property Owner(see Attachment V). On March 13, 2018 in response to receiving the default letter from CRA legal counsel, the property/project owner and their legal counsel presented an appeal to the CRA Board requesting an additional 60 days or until May 14, 2018, to obtain the final permit approval and issuance. In addition, the property owner agreed that if they were unable to obtain the permit by May 14, 2018, they would agree to the terms of the everter without protest (see Attachment VI). The CRA Board approved an Addendum to the agreement executed by both parties. As of the end of day on May 14, 2018 permit issuance deadline under the Addendum, the City of Boynton Beach Building Department had not issued an approved permit to Shovel Ready Projects, LLC (see Attachment VII). Under the terms of the Addendum, CRA legal counsel provided a Notice of Default to Shovel Ready Projects, LLC and their legal representative (see Attachment V111). Under the Notice of Default, Shovel Ready Projects, LLC had 30 days to return the property's deed to the CRA and in exchange, the CRA would pay them $255,000, which represents the acquisition value of their original Purchase and Development Agreement. On May 24, 2018, legal counsel for Shovel Ready Projects, LLC provided a response to the Notice of Default (Attachment I X). On June 1, 2018, the CRA's Executive Director and legal counsel honored a meeting request made by Tom Carney, Owner's legal counsel, Owner's representative David Katz and Mr. Steve Labov of Shovel Ready Projects, LLC, to discuss the anticipated order of proceedings to occur at the June 12, 2018 C RA Board meeting. On June 8, 2018, CRA staff and legal received an email from attorney Tom Carney (see Attachment X), outlining a proposal that provided two options for the Board's consideration; 1) granting an extension to Shovel Ready Projects, LLC to complete the project with certain time adjustments; and 2) reversion of the property deed as per the terms of the Addendum with an additional sum of$50,000 for project expenses incurred to date. FISCAL IMPACT: To be determined based on Board action. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board discussion and action. ATTACHMENTS: Description D Attachment I -211 Purchase & Development Agreement and Amendments D Attachment II -09.20.17 LLW letter to Shovel Ready Projects,LLC D Attachment III - 12.15.17 Letters from CRA Staff and Property Owner D Attachment IV -01.18.18 Minutes D Attachment V -02.19.2018 LLW Letter to Shove Ready Projects and Email Reponse D Attachment VI - March 2018 Addendum D Attachment VII-City of BB-Permit Timeline D Attachment VIII-LLW's Notice of Default to Owner_May15,2018 D Attachment IX-Owner's Response to Notice of Default D Attachment X -June 8, 2018 Email from Tom Carney SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This Second Amendment to Purchase andI pment Agreement (hereinafter "Amendment")is made and entered into as of Novembe4wol 6,by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCIO, "a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "Seller") and SHOVEL READY PROJECTS,LLC,auccessor in interest to LOCAL DEV CO,LLC,(hereinafter"Purchas&',and together with the Seller,the'Tarties"). P=haser and Seller desire to amend certain to and conditions of the Agreement, as more particularly described below- 1. Paragraph 18.3(b) of the Agreement is hereby amended to extend the date by which Purchaser must submit a Construction Permit Application to the City of Boynton Beach until December2 X — 13() dal 5 Irby" N()V Q 0 1(0. 16. . I IP Terms which are capitalized but not defined herein shall have the meanings given to such terms -iii the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect,and is hereby ratified and co ed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement ofthe Parties and each of which shall be deemed an original. IN WITNESS WHEREOF,the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER SHOVEL READY PROJECTS,LLC BOYNTON BEACH COMMUNITY A# REDE7L 1.05, T By® Co ro-%i+ Print Name:"Upele'" Print Name: Title: 0 61) Title: M6_r Date: I /Z.* Date: Witnesses: Witnesses-, -ss, - C#po o form and legal sufficiency: At t�o m e- ON0140-1 FMT AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment'} is made and entered into as of January®, 2016, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes(hereinafter"Seller"l and LOCAL DEV CO,LLC,a Florida limited liability company or its affiliated assignee (hereinafter'Turchaser", and together with the Seller,the'Tarties'�, Purchaser and Seller desire to amend certain terms and conditions of the Agreement as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above-referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date,shall remain unchanged. Terms which am capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except asexpressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect,and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterp", any one and all of which shall.constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOPMENT AGENCY By: By Print Name: Print Name: r-j—Jr Title: Title: Date. Date: Witnesses: Witnesses: 0 P *n 4ndle I sufficiency: C Attor FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment") is made and entered into as of January _, 2016, by and between BOYNTON BEACII COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter"Seller") and LOCAL DEV CO, LLC, a Florida limited liability company or its affiliated assignee (hereinafter "Purchaser", and together with the Seller,the"Parties"). Purchaser and Seller desire to amend certain terms and conditions of the Agreement, as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above-referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date, shall remain unchanged. Terms which are capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS, REDEVELOPMENT AGENCY By: � By. Print Name: '' z lc rpt'( ; Print Name: Title: Title: Date: Date: X121"1 v Witnesses: N�'i�� Witnesses: Ap Uori gal sufficiency: CRA Attorney 00601448.1 II t PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreemenf) is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNrIY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter"SELLER") and LOCAL DEV CO, LLC ( or its assignee, as provided for herein) (hereinafter"PURCHASER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of one parcel located in Palm Beach County, Florida (the "Property") having an address of 211 E. Ocean Avenue, Boynton Beach and more particularly described as follows: See Attached Exhibit"A". 2, PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be TWO HUNDRED FIFTY FIVE THOUSAND 00/100 ($255,000.00). The parties agree that SELLER is conveying the Property to PURCHASER for the construction of a full service restaurant serving alcoholic beverages. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSrr. PURCHASER shall deposit ten percent (10%) of the purchase price within five days oft Effective Date with the SELLER'S escrow agent Lewis, Longman and Walker,P.A. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date) shall be the to when the last one of the SELLER and PURCHASER has signed the Agreement. However, no party shall execute the Agreement any later than one week after the first executing party or the Agreement shall become null and void. 5. CLOSING. The purchase and sate transaction contemplated herein shall close within forty-five (45) days of PURCHASER obtaining Major Site Plan Modification approval from the City of Boynton Beach for the full service restaurant (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple tote Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and 00556361-1 PURCHASE AND DEVELOPMENT T Racal evice Page 2 of 16 subsequent years not yet due and payable; ) covenants, ca i °ons, easements, dedications, rights-of-way and matters of record included on the Title Commiftnent or shown on the Survey (defined in Se `a 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept,pursuant to Section7.1 and Section7.2 he eof. INVESTIGATION7. ser shall havedays from Effective to ("Feasibility Period"), or PURCHASER, andPURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, " e is"), shall havete right, at PURCHASER'S expense, to make inquiries of, and meet e f Governmental Authorities regarding e Property and t enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said ves ' aio s do not result in a business interruption, to perform any and all physical tests, inspections, and investigations f the Property, including t not limited to Phase and Phase 11 investigations, is ay deem necessary. During this Feasibility Period, y elect, in le and absolute iscre ' , to terminate this contract and havereimbursed its Deposit. If PURCHASER electsto terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property substantially the condition eisi a Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the roe it o the extent practicable, shall repair and restore any damage caused to the Property PURCHASER'Ssi and investigation; (iii) release to SELLER, at no cost, all reports otherand work generatedas a result of the testing and investigation, herebyPURCHASER agrees to indemnify of less from and against all claims, losses, expenses, demands and liabilities, including, not limited to, attorney's fees, or nonpayment for services rendered to PURCHASER (including, limitation, any construction liens result' e or fora to persons or property (subject to the limitation on practicability providedabove) arising out o investigation of the Property. obligations n r this Sectionshall survive the termination, expiration or Closingof this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following C e t instruments within five ( e Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, e , soil borings other physical reports) in ' ossessi or control with respect physical condition a Property, if any, a copy of the current title insurance olic (i y), and a list of any known matters affect title tote property. 7.2 Tit Review. i twenty ( ) days of the Effectiveate, PURCHASER shall obtain, aexpense, from a Title Companyoe y PURCHASER (hereinafter "Title Company"), a Title Commitment covering e Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted xce do , together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment anddeliver written notice o SELLER no later than thirty ( ) days after the Effective Date notifyingL of any objections tote condition of titleer i a er Title Objections"). if PURCHASER fails t eliver PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 3 of 16 PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions seta in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) as to diligently and in good faith seek to cure and remove the PURCHASER'S Title Objections (hereinafter"Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, all have the option of (i) extending the Cure Period and the Closing for one additional dfirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no ftu-ther obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions is did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall vete right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Tide Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a cuenboundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restflutions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. & CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PLIRCHASER in writing: &I & res entations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing, 8.2 Condition of PropgM, PROPERTY is being purchased in "as is" condition. SELLER makes no warranty about the condition of the' structure or any of the appurtenances on the Property. PURCHASER understands that the Property is in need of major structural renovation in order to be utilized as a full-service restaurant. 83 Pending Proceedings. At Closing, there all be no litigation or administrative agency orother governmental proceeding of any kind whatsoever, pending or threatened, is has not been disclosed,prior to closing, and accepted by PURCHASER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDeveo Page 4 of 16 8A Comnliance- with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses,permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth Inthis Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of it other than the Permitted Exceptions. 9.2 'Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual ore has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect tote Property. In the event SELLER is unable to deliver its affidavits referenced above,the same shall be deemed an uncured it Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, is SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title tothe Property of all liens, encumbrances and exceptions, if any, of than Permitted Exceptions. 9.5 Additional Documents, Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATION S, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing, Cash at Closing shall be increased or decreased as may be required by rorati® to be made through the day or to Closing. Taxes all be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's ill e. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt oft bill. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, PURCHASE AND DEVELOPMENT AGREEMENTtLocalDeven Page 5 of 16 recording the dced and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER(as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existine a.es and Other Liens, At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS-,.COVENANTS AND WARRANTIES. 11.1 Seller's ReDres entations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all site action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Pernritted Exceptions (and encumbrances of record is will be discharged at Closing). 12. DEFAULT. 12.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, Seller shall have, at its option, the right to declare Purchaser in default under this Agreement by Notice delivered to Purchaser, in which event Seller shall be entitled to retain deposit (which shall not constitute a penalty). PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise, 12.2 SELLER'S Default, In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything tothe contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 6 of 16 Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and be entitled to a return of its deposit or seek specific performance. 123 Notice of Defa 1 . Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default insufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3)Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement, 13. NOTICES, All notices required inti Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director,Vivian L. Brooks 71 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman&Walker, P.A. 515 North Flar Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer: Local Dev Co, LLC 630 N. 3r' Street Philadelphia, PA 19123 With a copy to: Thomas F. Carney, Jr., Esq. CARNEY STANTON P.L. 135 S.E. 5 th Avenue, Suite 202 Delray Beach, Florida 33483 14. BINDING OBLIGATION/ASSIGNMENT. The to and conditions of this Agreement are hereby made binding on, and shall inure to thebenefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which all not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 7 of 16 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, toterminate this Agreement and the parties all have no farther obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property and the Development Timelines set forth in Section 18.3 below shall be reasonably adjusted by mutual agreement of the parties to accommodate same.. 16. BROKER FEES. The PURCHASER hereby confirms that it has dealt with Prakas & Co. as broker in connection with the transaction contemplated by this Agreement and shall be responsible for paying Prakas & Co. a five percent (51/o) commission on. the purchase price at the closing of the Property. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY, SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a fall service restaurant. 18.1SELLER DeXRr sip A oval, The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. Prior to the expiration of the Feasibility Period, PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. The SELLER's approval oft e plans and design shall not be unreasonably withheld provided the plans and design meet the criteria set forth and described in the City of Boynton Beach approved Urban Design Guidelines for Development within the Boynton Beach Comm-unity Redevelopment Area. 18.2 Economic Develovment Grant Incentives and Funding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement and/or expansion of the restaurant: a. Commercial Fagade Grant - Purchaser shall be reimbursed up to a maximum amount of$25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation consistent with the eligible its set forth in the CRA's Commercial Fagade Grant Program. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building pet fee of 2.3% if the project PURCHASE AND DEVELOPMENT AGREMMENT/LocalDevco Page 8 of 16 cost is less than $250,000 in construction value (as stated anthe construction permit application) and 3.3% if the construction value exceeds $250,000, Said flto to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. Maximum Reimbursement not to exceed$66,000. C. Interior Build-Out Grant - Purchaser to be reimbursed an amount up to $45,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation, consistent with the eligible items seta in the CRA's Interior Build-out Grant Program. A $45,000 match is required by the PURCHASER. d. 211 E. Ocean Renovation Grant — Purchaser shall be reimbursed up to $200,000 to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. Reimbursement process will require PURCHASER to present SELLER with copies of the final paid contractor "application for payment documenf' s and cancelled check to contractors for eligible expenses. Eligible expenses are those that are for construction of the project only. Soft costs will not be reimbursed. Reimbursement to PURCHASER shall occur within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all CRA program forms applicable to each Economic Development Grantprogram. However, all oft e rules of the grant programs must be adhered to. If the CRA Economic Development Grant programs change from the time of this Agreement and the time that the Seller accesses the Economic Development Grant fimding,the funding amounts shall remain as stated above. 18.3 DevelgRment Timeline. In order toes a that the public purpose is being met, the following events must be documented in writing and provided tote SELLER upon completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within Forty-Five days after the expiration of the Feasibility Period or Forty-Five Days after the final approval of the design and site plan by the CRA as seta in Paragraph 18.1, whichever is later. bSubmission of Construction Permit Application tote City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). PURCHASE AND DEVE LOPMENT AGREEMENT/LocalDevco Page 9 of 16 C. Commencement of construction within sixty (60) days afthe Building Permit approval date. d. Certificate of Occupancy to be provided within Two Hundred Forty (240) days from the Commencement of Construction Date, unless extended do to a force majeure, circumstances beyond the Purchaser's control and approved by SELLER, or extended as otherwise permitted in this Agreement. 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain a reverter clause that shall run with the Property, requiring the Property to be recony eyed to SELLER by quit claim deed should either of the following occur: 1) PURCHASER defaults in not timely constructing the restaurant per c ® 18.3 unless, pursuant to Section 15 or Paragraph 18.3(d), both parties agree to extend the time to construct the restaurant due to circumstances beyond the PURCHASERS control; or 2) the Property ceases to be used, for a period of nine months, ora CRA approved use (as said use may be approved from time to time, which approval will not be unreasonable withheld) as the same may be amended from time to time. In the event the SELLER exercises its right to reverter as a result of the Property failing to be used for an approved CRA use ora period of nine months, SELLER shall reimburse PURCHASER the fair inaret value of the property, as determined by anindependent it party appraisal. In addition, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit"B". 20. TERMINATION OF AGREEMENT. If the timeline outlined in Section 18.3 above is not strictly met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing tote same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement, SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is oft e essence. 21. SELLER'S FIRST RIGHT OF REFUSAL TO PURCHASE PROPERTY. PURCHASER hereby grants SELLER a right of first reffisal to purchase the Property in accordance with the terms below: a. If at any time, PURCHASER receives either a bona fide written offer by a willing it party to purchase all or part of the Property which PURCHASER intends to accept, or a purchase agreement which PURCHASER intends toenter into ("Offer"), PURCHASER shall give written notice to SELLER at teaddress provided below accompanied by a copy of such Offer at least thirty(30) days before the date of contemplated sale. b. Within fifteen (1 5) business days after receipt of the written notice, SELLER shall have tile right to notify PURCHASER that it is exercising its Right of First Refusal and will purchase the Property pursuant to a purchase agreement which incorporates the to and conditions of the Offer. Notwithstanding the terms of the Offer, however, the purchase price of PURCHASE AND DEVELOPMENI'AGREEMENT/Local Devco Page 10 of 16 the Property shall be confirmed by an independent appraisal agreeable to of the SELLER and the PURCHASER. C. If SELLER fails to exercise its Right of First Refusal within the time stated above, the Right of First Refusal all have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution and delivery of a Purchase Agreement), SELLER shall deposit with PURCHASER to percent(10%) of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be applied toward the Piuchase Price. If SELLER decides not to purchase Property in violation of the Purchase Agreement, PURCHASER shall retain the Ernest Money and shall be free to retain or convey the property in his sole discretion. e. The parties understand and agree that the intent of this Right of is Refusal retained by SELLER is toe the Property is maintained and operated in the manner described in paragraph 2 above and protective of the grants provided in subparagraph 18.2. This provision is not intended and will not be exercised to prevent PURCHASER from subsequently conveying the Property to a it party otherwise meeting the criteria and obligations set forth in this Agreement. f. The Right of First Refusal as set forth in this Paragraph 21 shall automatically expire three (3) years from the date of the issuance of the Certificate of Occupancy. 22. MISCELLANEOUS, 22.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of is shall be deemed to be an original and all of is shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are fort purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified, No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 22.2 Cornuutation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, all exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for in this Agreement is ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods conu-nencing with the Effective Date shall not include the Effective PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 11 of 16 Date in the calculation thereof. 22.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms,provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have ora waiver of any subsequent breach or default in any of such terms,provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 22.4 Construction. of Aggement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement.nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 22.5 Severabilfty. If any provision of this Agreement or the application thereof shall, for any reason and to any extent,be invalid or unenforceable,neither the remainder of this Agreement or the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced tote maximum extent permitted by law. The provisions of this Section all apply to any amendment of this Agreement. 216 Handwritten Provisions. Handwritten provisions inserted in this Agreement and tialed by CRA anct SELLER shall control all printed provisions in conflict therewith. 22.7 Waiver of J-uU Trial, As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 22,8 Attomffs Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 22.9 Binding Authori1y. Each party hereby represents and warrants tote other that each person executing this Agreement on behalf of the CR-A and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement, 22.10 RecordmR. This Agreement may be recorded in the Public Records of Pahn each County, Florida. PURCHASE ANb DEVELOPMENT AGREEMENT/LocalDewo Page 12 of 16 22.11 Sur-vival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property, 22.12 SELLER Attornevs' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement, 22.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically,the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. f. It is the intent of PURCHASER to assign this Agreement, and all the rights and obligations thereunder, to an entity in which PURCHASER maintains a majority interest, to is SELLER hereby approves. THIS SECTION LEFT BLANK PURCHASE AND DEVELOPMENT AGREEMENT/Lo calDewo Page 13 of 16 IN WITNESS VVHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON EACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By:-- By: Print Name: Print Name: Jerry Taylor Title, Title: Chair Date: Date: Witnesses: Witnesses: tvttomey ks form and legal sufficiency: C My PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 13 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By. fePrint Na�� 1" Pri 6tame: rry for Title: Title: Chair Date: fA q11 r- Date: Witnesses- Witnesses. W22 Approved as to form and legal sufficiency: CRA Attorney Exhibit "All Legal Description Lot 13 & 14, Block 4, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof, recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida PURCHASE ANND DEVELOPMENT AGREEMENT/LocaiDeveo Page 14 of 16 PCN #08-43-45-28-03-004-0130 EXHIBIT"B" REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 2015 by and between the Boynton Beach Community Redevelopment Agency (the "SELLER") and Local Dev Co, LLC, having an address of ------------------------------,------------------------------------------- (the "PURCHASER"). RECITALS PURCHASE AND DEVELOPMENT AGREEMENT/LocalDewo Page 15 of 16 A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER, B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. C. The Deed shall provide that if the PURCHASER does not construct the Improvements as set forth in this Agreement,then the Property shall revert tote SELLER. D. Further, the Deed shall provide that if the PURCHASER fails to keep the completed facilities operational for any nine on period and/or if the Property is not used for a CRA approved use (the approval of is shall not be unreasonably withheld), the Property shall revert to the SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of is are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than September 30 , 2016, (the "Completion Date"). 2. In the event the Improvements are not completed by the Completion Date (unless extended pursuant to the to of the Purchase and Development Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER, the PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. In such an event, the SELLER will enter into a Subordination Agreement in form and satisfactory to such lender. on completion of the Improvements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described herein. 4. Following the completion of improvements and issuance of the Certificate of Occupancy, the PURCHASER must ensure the restaurant facilities, orother approved CRA PURCHASE AND DEVELOPMENT AGREEMENT/Local Dewo Page 16 of 16 uses as set forth in Exhibit "C", or as approved by the CRA, remain open for business during normal business hours and for not less than 40 hours a week. Failure to do so for any nine on period shall authorize the SELLER to exercise the reverter provision within the Deed. Should the SELLER exercise this right by providing 30 days written notice to PURCHASER, it will reimburse PURCHASER the fair market value of the property, as determined by an independent it party appraisal. Thereafter, PURCHASER will provide a general warranty deed tothe Property in form and substance acceptable to the SELLER evidencing the reconveyance of the rope to SELLER. This reverter provision shall automatically expire ten years from the Effective Date of the Agreement. This Agreement shall be binding upon-the parties hereto and shall be binding upon and inure to the benefit of it successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified oramended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. Local Dev Co,,LLC and/or assigns; ......... Print Name 14A Title: ...... Boynton Beach Community Redevelopment Agency By: Ta r, Ch r �T i LW LEWIS Attorneys at Law LONGMAN 11w-law.com °4 WALKER� Reply To: West Palm Beach September 20, 2017 Thomas F. Carney, Esquire Carney Stanton, P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, Florida 33483 Re: Boynton Beach Community Redevelopment Agency s/t to Shovel Ready Projects, LLC Dear Mr. Carney: As you are aware, this Firm represents the Boynton Beach Community Redevelopment Agency ("CRA") with regard to the above referenced transaction. Pursuant to the terms of the Purchase and Development Agreement (having an Effective Date of October 5, 2015) your client had post-closing obligations to timely develop the property. Specifically, the provisions of paragraph 18 of the Agreement set forth a development timeline intended to ensure the timely construction of the project and in turn provide your client certain grant incentives and funding if they are achieved. Please accept this correspondence as notice that the CRA does not believe that these development timelines are being achieved. While it is understood that a building application was submitted consistent with the Second Addendum of the Agreement, there appears to be no permitting activity since early May, 2017. Note that implicit in the financial incentive and development provisions of the Agreement is a requirement that your client diligently and in good faith respond to all requests for additional information or other inquiries from the City and other regulatory agencies. Please note that failure to do so constitutes a breach under the Agreement allowing my client the opportunity to pursue its available remedies, including the right to exercise its right of reverter as set forth in Paragraph 19 of the Agreement. JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH 245 Riverside Ave., Suite 150 315 South Calhoun St., Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach. Florida 33401 T: 904.353.6410 T. 850.222.5702 T:941.708.40140 T: 561.640.0820 F:904.3E e&7($9�)i F:850.224.9242 F: 941.708.4024 F: 561.640.8202 See Things Differently' Thomas F. Carney, Esquire September 20, 2017 Page 2 The CRA supports your project and understands the intricacies and potential delays that can occur during the development process — timely completion of this project, however, remains a priority. I look forward to working with you in resolving the above. Sincerely, Kenneth Dodge KWD/jlb c: Mike Simon, BBCRA T. Utterback, BBCRA T. Shutt, BBCRA 00870590-1 �CRAWASM December 15, 2017 Steve Labov, Manager Shovel Ready Projects, LLC 630 North 3rd Street Philadelphia, PA 19123 RE: 211 E. Ocean Avenue Project, Boynton Beach Florida - Permit Approval Process Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency (CRA) given at their December 12, 2017 meeting, this letter is being sent as a formal request for the timely submission of your responses to the architectural and permit review comments as reviewed on November 9, 2017, by your development team and the City's Building Department staff. The CRA Board believes that given the amount of time since the November 9th meeting, expecting submission of these responses to the City by December 21, 2017, is fair and reasonable. It is our sincere hope that this project will move forward expeditiously under your ownership and is able to benefit from the redevelopment growth occurring within the CRA district. If we can be of any assistance to you during the permit approval process, please do not hesitate to contact me directly. Sincerely, Michael Simon Executive Director cc: Thuy Shut,Assistant Director, Boynton Beach CRA Tara Duhy, CRA Legal Counsel, Lewis, Longman&Walker, P.A. Jim Williams,AIA, Principal,AW Architects 710 N.Federal Highway,Boynton Beach,FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com Shovel Ready Pro*ects rm 630 N. 3rd t, Philadelphia, PA 19123 215.592.7777 PRO www.shovel r adyproj cts..us December 20,7017 Michael Simon. Executive Director Bovnton Beach CRA 7101 N. Federal Highway Boynton Beach, FL 33435 RE 211 E. Ocean Avenue Project—Permit Approval Process Dear Mr. Simon, Your letter of December 1 i, 2017 caught us by complete surprise. We are moving forward as expeditiously as the permitting process in Boynton Beach will allow. Your expectation of our ability to respond does not take into account the magnitude of the issues involved. In fact, we have responded to the items for which responses were possible and appropriate without redesigning the project. It is my understanding that we are waiting ibr the City's decision as to which of their examiners will be moving forward with this project. I apt also awaiting a letter from Jim Williams, our architect, as to what we will need to do to move forward depending on the City's decision. We will, of course, keep you informed as to what is happening with the City and what we will need to do to move foa-ward. Sincere lY. Steve Labov Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 I. Consideration of the Rental Agreement with the Boynton Woman's Club for the Historic Woman's Club of Boynton Beach J. Consideration of the Rental Agreement with the Boynton Beach Garden Club for the Historic Woman's Club of Boynton Beach K. Consideration of the Rental Agreement with the Boynton Beach Historic Society for the Historic Woman's Club of Boynton Beach - removed L. Update Regarding Purchase of 110 NW 6th Avenue Mr. Simon explained the CRA staff went through a tax deed auction for an approved purchase of a vacant parcel adjacent to a City-owned lot at the above address. The tax deed auction is not an easy process in which the CRA had not participated in the past. He advised the Property Appraiser's Office and the Tax Collector's technology simplified the process. The property was appraised at $36,700 and the Board approved a purchase price of no more than 20% above the appraised value which would make the maximum acquisition price $44,040. Yesterday CRA staff participated in the auction at Lewis Longman and Walker's Office and the CRA was the successful bidder. They acquired the property for $9,300. There were a few hundred dollars in administrative fees paid as well. Staff was very pleased. (Board Member Romelus returned at 8:59 p.m.) Mr. Simon noted there are future parcels the CRA is interested in acquiring that were set for auction in April or May. This will be on new business next month for plans for the property. Board Member McCray noted the Andrews House may be available. Chair Grant asked if the CRA was looking into foreclosure properties. Ms. Shutt explained staff wants to take a "first look." She has done this in the past through the Neighborhood Stabilization projects and programs. There are opportunities available to work ahead of time with several banks that are going through the pre-foreclosure process so they would the first look before going to the market. Staff would like to investigate the program further to avoid having to go through the bidding process. The participants are usually big banks such as Bank of America, Fannie Mae, Freddie Mac, Wells Fargo and others who service those mortgages as well. They have to pre-sign purchasing agreements with the banks. M. Project Update 211 E. Ocean Avenue Ms. Shutt explained at the December meeting, the Board had decided that CRA staff would contact the developer and notify them the Board expected revisions would be submitted to the City by December 2111 and if not, the outside date to submit a 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 response, was this meeting. If no action was taken by the developer to get the permit approved, the Board would determine if they would use the Purchase Agreement's Reverter Clause. No revisions have been received by the City on their last round of comments. At the last meeting, Mr. Simon emailed Andrew Mack, Shane Kittendorf and others and the architect. Mr. Simon received an immediate response from the developer. Everyone has done all they could to facilitate the drawings and nothing was submitted to-date. Mr. Simon announced staff made a diligent and good faith effort. Board Member Casello explained this was ongoing since 2015. The arrangement was they would build it out to a restaurant and get a client. He thought the developer was trying to get a client before they build out. He felt the Board was more than generous with them and has had numerous communications with them, but nothing was done. The developer is sitting on land that is becoming valuable as the Town Square moves forward and it appeared the Old High School will be finished before the 211 E. Ocean project starts. He requested the Board exercise the reverter clause and start the process. The cost would have to be calculated and Attorney Rossmell advised she could submit a budget. Chair Grant noted it would be another month. He asked if it would be more or less than $50,000 and asked how much it would cost if they had to go to trial. Attorney Rossmell explained she would like to submit a not to exceed amount. Mr. Simon agreed with Attorney Rossmell's suggestion to get them started. The first phase would be a letter to them initiating the research and staff would know within the next 30 days. Chair Grant was concerned if the developer submitted plans and the CRA already filed suit. He asked if the lawsuit would be moot or if the CRA can retain the project. Attorney Rossmell explained it would not be a guaranteed moot suit because the assertion would be made in the filing the developer did not act in good faith and it is not automatic that once a party does start to act, that it constitutes good faith. Board Member Casello suggested starting with a $25,000 figure. Vice Chair Katz explained the land could be valuable because of the Town Square project and because it has a historic building on it. He wanted to see the developer proceed with what they had indicated. He was concerned if the CRA re-acquired the property, the Board was committing them to allocate a significant sum of money to someone in the future to develop it. He questioned what the benefit was if the current property owner does not develop the property. He would rather force them over time to develop it than to take on some unknown cost. Converting the Little House to a restaurant may be an example of how there are unknown costs and he was concerned after the CRA regained the property, the CRA would incur substantial costs to entice a new developer to purchase and develop it. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 Board Member Casello explained the house was only historic on the local level, and the designation could be removed. Chair Grant explained the CRA received $255,000 for the property and the CRA would have to return those funds and perhaps any taxes they paid on the property. The CRA is not getting the property for free even if they use the reverter clause because payment to the CRA had already been made. His issue was at one time, the CRA purchased the property for about $900,000 and the CRA already lost over $600,000. If the CRA could get the $900,000 back by paying $25,000 to $50,000 in extra costs for the two years nothing has occur, he viewed it as a plus because the property value increased in the last two years. He favored spending the money knowing there are costs in the future due to its historic nature. If the developer continues to take his time, the property may not be developed until after the Town Square. He wanted to make sure the Board does all it could to obtain the property and issue another RFP with more stringent requirements for the project with a surety bond. Board Member McCray questioned if the developer wants the CRA to take it back. Chair Grant requested a motion to approve an expenditure not to exceed $25,000 to execute the reverter clause. Motion Board Member Casello so moved. Chair Grant passed the gavel and seconded the motion. The motion failed 2-3 (Vice Mayor Katz, Board Member McCray and Board Member Romelus dissenting.) Vice Chair Katz thought the developer became aware that converting the property to a restaurant was costly and thought the developer was waiting for the CRA to buy them out. Board Member Casello thought the developer was sitting on the property until the value increased and would then flip it. N. Consideration of an Interlocal Agreement with the City of Boynton Beach for funding of the Ocean Breeze East Project with Centennial Management Corporation Mr. Simon explained the Interlocal Agreement is with the City to provide the local government match for Centennial Management. The local government match is $567,500 for the low-income housing tax-credit grant application. Motion Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 23 LEWIS Attorneys at Law LONG AN l Ilw-law.com WOOF, SM LW , LL Reply To: West Palm Beach February 19, 2018 VIA REGULAR&CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. 3 d Street Philadelphia, PA 19123 Re: 211 E. Ocean Avenue, Boynton Beach, FL; Notice of Default Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency ("CRA") given at their February 13, 2018, Board meeting, this letter shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above referenced property, as the same has been amended (attached hereto as Exhibit"A"). Specifically, Shovel Ready Projects, LLC has failed to meet the development timeline in Paragraph 18.3 of the Agreement by failing to diligently pursue its approval of the permits required to commence construction. Accordingly, pursuant to Paragraph 19 of the Agreement and pursuant to the terms of the Reverter Agreement executed by the Parties, the CRA demands that Shovel Ready Projects, LLC, execute a General Warranty Deed conveying the Property back to the CRA within 30 days of the date of this letter. Your prompt attention is requested. Please contact- me ,s-hould you have any questions regarding the above. ,, Sincerely, Tara W. Duhy, Esquire KWD/jlb Cc: Thomas Carney, Esquire M.Simon, BBCRA T. Utterback, BBCRA K. Dodge, LLW JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALMI BEACH 245 Riverside Ave.,Suite 150 315 South Calhoun St.,Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr,Suite 1500 i Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach, Florida 33401 T 904.353.6410 T:850.222.5702 T:941.708.4040 T 561.640.0820 i F:904.35o&7bi0i F: 850.224.9242 F:941.708.4024 F:561.640.8202 Simon, Michael From: Simon, Michael Sent: Tuesday, March 6, 2018 12:35 PM To: 'Ken Dodge';Tara Duhy Subject: RE:211 E.Ocean Ave., Boynton Beach, FL Ok, thanks to the both of you. From: Ken Dodge [mailto:kdodge@llw-law.com] Sent:Tuesday, March 6, 201812:30 PM To:Simon, Michael<SimonM@bbfl.us>;Tara Duhy<tduhy@llw-law.com> Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Hi Mike, I have not. I made it pretty clear in nay discussions with him that while we would try and accommodate a meeting with staff today his time would be better spent on the 1V'addressing his position with the Board. Will let you know if I hear from hire. Kenneth W. Dodge I Executive Shareholder Board fied Real Estate Law 515 North Flagler Drive, Suite 1500 1 West Palm 0each, Florida 33401 l dod o �111w-lawcom 1561.640.0820 y Q a r d I aMet I t3io Iirr us or,lin LEWIS L LW I LONGMA WALKER The inforne tlor-.contained in this transmission may he epally privileged arrs cordfi fz rtial.It w 4rfe nded only fr,:ar the,use:of the reddent(e)named above,€f the reader of fhla ine>rsage i<,not i're ir'tend ed recipient,you are hereby notified that you reo ived kF-.-ts cemmu-Ncall on in error,and that any 6srterriinatriir,r.stinbution,o copyring oftins ccmritnicaflir,i is ntdc1ly prohracred.3r`yetu€rava rete ve.f th:s exornrrurcoahan in error,leie abs notify the reader immediately by rem}email strict veleta the message and all copies of ft. From:Simon, Michael rraailto:S!moni '@bbfl.ur] Sent:Tuesday, March 06, 2018 12:19 PM To:Tara Duhy<dghy, l �la:1tv corn Cc: Ken Dodge<kd i go Ii -law.co > Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Have either of you heard anything on a meeting today? I'm trying to schedule other meetings and didn't know if they were coming or which time? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 71.0 N. Federal Hwy. I Boynton Beach, Florida 33435 1 561-600-9091 1 1, 561-737 ,Jt -3258 _J SimonM@bbfl.us I http://www.catchboynton.com BOYNTON wwwBEAC CRA America's Gateway to the Guffstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Tara Duhy ............ Sent: Monday, March 5, 2018 3:05 PM To: Simon, Michael <SimonM(0,'r)bfl.us> Cc: Ken Dodge<-I .. c(lodi4eii�.,.Ilw--.I.aw.com> '""W.................. Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom- Mike can try to make 1:30 or 4 pm work. On Mar 5, 2018, at 2:30 PM, Simon, Michael<Sirrwo'T.IM,�e..bbfl.-Lis<i.7.,iailto-Sitn.onM(ti-i)t fl.p§>>wrote: I have a 3pm meeting with the Church Trustees. I didn't hear anything... I suppose they could come at 1:30pm or 4pm? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach , Florida 33435 <image937339.png> 2 561-600-9091<tcl.: l- 00-lel l> <image278475.png> 561-73 7-3258<fax:561-737-3258> <image981212.png> i or ( fbb l.us-,-iiiaii : imoihric b.)t mizF,> <image 100270.png> alt a as � s ...... t_p ww . chb0 v IIton,com > <image515122.png><I�ttl)s,.:'/tw tter. oiTil N°:its nb°.— c]iCR > <image503714.png><� 1 /t/ w f eb c��r /t �� ./ � � Beaclz t i /l 93803436 > [http://wwl.boynton-beach.org/signature/cra.jpg]< C :? a tic s :c -C MI/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Tara Duhy [mailtoAduby l ® wcot.. Sent: Monday,March 5, 2018 1:03 PM To: Simon,Michael <Simo A 4'e,i bb 1, ,,'mzLiltc.; l it r (e�bIiI'I,_ »; Ken Dodge- tk � -�e( =A Subject: Fwd: 211 E. Ocean Ave., Boynton Beach, FL Mike - I now have an appointment in the afternoon. I can attend a meeting by phone or Ken can attend if you still have a availability tomorrow Begin forwarded message: 3 From: Thomas Carney <tfe('a.ca.riie,,,sl,,Tnt.on.coni---rriailto:tf ('camevstaniton.eom><mai,lto:tfc.f�(r canton.corn>> Date: March 5, 2018 at 12:53:18 PM EST To: Tara Duhy<tduh,,�ajlw-law.cf,)m<tyiailto-.tdii (,Pi,ll.w-law.(,,,om><niailto:tdLill!((I, J4,w.corn>> Cc: Ken Dodge l �v,coin.><rnctilto-kdodL-Iel('(t.,,Ilw"-,I,,iw.corll>>, Michael Simon<S'mo M -i bbfl.us<,ririailto:SirnonMf(1,bbfl.us><T'naiIto:SirnonM( r,bb&u >> -1111-411111�� — —------------------------------ Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Good Afternoon, I have just confirmed that I can have someone at the meeting tomorrow. Can you tell me what time is good for you? Thank you very much Tom Carney -----Original Message----- From: Tara Duhy [mailt(,')-.tOILIL q-4 or Sent: Tuesday, February 27, 2018 1:09 PM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Yes Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 12:05 PM, Thomas Carney <t fc�Li Lc± � t LI%--I -nLe�,,starit(.)n.com<mailto.tf(-((i carte e,),,st�ritit.on,com><,rrj..ail'to:tfc�cica-.ne%,stariton.com>>wrote: Thank you, yes I did. By Tuesday, do you mean the 6th? torn -----Original Message----- From: Tara Duhy [Lymilky tduj-j�,?(q,11w'-"'la'w','colrd Sent: Tuesday, February 27, 2018fiA9 AM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom - I understand you spoke with Ken earlier and will let us know if you and your client would like to meet with Mr. Simon and I in advance of the March meeting. Mr. Simon and I are available Tuesday afternoon next week. Thanks, Tara W. Duhy 4 Lewis, Longman&Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 11:20 AM, Thomas Carney <tfc,a c,,trrieNstziiiton.coi-ri<niailto-tf(,,,,F(�, in><rr1aiIto-ffcYu,,cTrn eYstanton.com>>wrote: Tara, I really am not looking to do battle here. Especially with you and Ken. But we have invested too much in this project and are not just going to walk away, especially with multiple delays, requests, going through several "examiners" at the city(including the last one who rejected the prior examiner's finding and agreements and started over again with NEW requirements. Then the city comes and says we are not meeting deadlines? We need to calm down and get the city/cra to stand down. We are working to complete. To now have to appear under the 'threat" of litigation will only prove to accomplish just that. Tom -----Original Message----- From: Thomas Carney Sent: Tuesday, February 27, 2018 11:08 AM To: 'Tara Duhy' Cc: Ken Dodge Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, I spoke with Ken on Thursday,he said he and limited time on Friday and we both agreed on that Thursday call that I would circle back with him on Monday. I called, as agreed, and am waiting for a call back -----Original Message----- From: Tara Duhy [i,.ciailto:tduti�(,."ei,llw-1 .com] Sent: Tuesday, February 27, 2018 11:00 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov (Sh(r,sliovelreadvi)r()'ects.us<mailto-sl(�i,:sli(,,)veli-e,.t(,I\,INnjects.us><:mailto:sI I — -1111----- t(,i, hovelread%eliinoje(,,,ts.i,,i,,,>) Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, my partner, Ken Dodge has spoken with you in return of your calls and he will be calling you today as I am in meetings. We are awaiting Mr. Simon's availability for a meeting with CRA staff as requested. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 10:53 AM, Thomas Carney l <ttca camevstcn,co ,,dit(.) m-,,ma.ilto-.tf(,?,�ie� m ciriistariton.com>< ailto:tfc,,,,'(I.c.arneosta ,,c tonxoni>>wrote: And I am still waiting for a call back from my calls of Thursday, Friday, Monday, and this morning. -----Original Message----- From: Thomas Carney 5 Sent: Tuesday, February 27, 2018 10:50 AM To: Tara Duhy Cc: Ken Dodge; Simon, Michael; Steve Labov u !lCiv (,,)y reit �,�))r je is Its` i aat o. ti,s io v r.e. ""�I)roje((tss. � >>"�Fm . ts ii s ,te" e �' mJjcts,us>) Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Thank you for your letter I must categorically reject your position,however. We have not dropped the ball here. The city staffs actions have directly contributed to this situation and has frustrated my client's efforts with respect to this property. There are other factors at play here as well which you clearly have not been made aware. We will be at the meeting,but(again) respectfully request a meeting be set up with staff on the Friday or Monday preceding the March 13th meeting. Thank you Tom Carney -----Original Message----- From: Tara Duhy [Yriailtouh (a ::i -law.. I] Sent: Tuesday, February 27, 2018 10:26 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov WI( � t It ��t�� tt� srs�ttltct � 'tt siov l early o 1p Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Mr. Carney- We appreciate your client's position. However, at this point, staff is not is a position to change course. We have been directed by the CRA Board to institute the reverter provision of the contract. The next regular meeting of the CRA Board is on March 13 at 6:30. I would suggest you attend that meeting and present your client's position at that time. A special meeting of the Board has been scheduled for March 20, where the Board will decide its next steps regarding the property. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 26, 2018, at 6:14 PM, Thomas Carney <t �cr c r y,v .it())n.coT:°iK�mail ol-t c,'r,i,e� i :�t iatoiiso°om><r �ailt ,.t ,((L;,i t N� t oti orll><ia ilt `:tfc,;(i �. a; . N.. .......... vstant ettom>>wrote: Ken, Please let me know what time is good for you tomorrow to discuss further From: Thomas F. Carney, Jr. [rnail o tfve i carneylegal I I tt] Sent: Monday, February 26, 2018 4:09 PM To: 'Ken Dodge; 'Simon, Michael' Cc: 'Tara Duhy'; 'tfc@carneystanton.com<tta tilt,(,.) lt,=rr t°arrie�stai,iton. oiii><t tailt t:t t,,(cl c -tt� st,t;to cot a><r to,t t�(,r ame: : s.t.nttt .com> r - 6 Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Ken, I just left a message at your office in furtherance of our conversation last Thursday. I have researched this on our end and must respectfully disagree with the position taken in your letter dated February 19, 2018 (a copy of which I have attached for your ready reference) My client has been diligently pursuing the necessary approvals with the City. Indeed, after receiving(some time ago) letters from the City as to certain deficiencies, all of them were addressed to the (then) satisfaction of the reviewer. Suddenly, a new person was assigned to the file and everything had to start again-- including the rejection of the changes which had been mandated by the prior reviewer(and which ne conditions required new structural changes). My client has substantial funds invested in this project and, if the CRA is frustrated, imagine our frustration with having to keep dealing with new issues. We really aren't looking for a battle here as we want very much to complete this effort. To ask my client to now, after all the time, effort, money, and back and forth with(now) several reviewers), is not justified and certainly does not raise itself to any transfer back of the property that we are desirous of completing. I am not sure what you are hearing,but I am hearing a different story. My client has no intention of walking away from this project. Please confirm the next CRA meeting date. Also, Please confirm that we can meet with the City the Monday(or Friday)before the meeting to clarify and resolve any concerns. ADDENDUM TO PURCHASE AND DEVELOPMENT AGREEMENT This ADDENDUM to Purchase D Wlelo ment Agreement (hereinafter "Agreement") is made and entered into as of-M_ 18, by and between BOYNTON BEACH 1, a COMMUNITY REDEVELOPMENT AGEN a public agency created pursuant to Chapter 163, Part 111, of the Florida Statutes (hereinafter "Seller") and SHOVEL READY PROJECTS, LLC, successor in interest to LOCAL DEV CO, LLC, a Florida limited liability company (hereinafter"Purchaser, and together with the Seller, the "Parties"). WHEREAS, Seller and Purchaser entered into an Agreement with an effective date of September 29, 2015; and WHEREAS, Seller and Purchaser agree to modify Section 18.3, Development Timeline, of the Agreement to allow the Purchaser additional time to obtain a building permit; and WHEREAS, Seller and Purchaser agree to modify Section 19, Property Reverter Clause of the Agreement to add waiver language in the event Purchaser fails to meet the modified Development Timeline. NOW, THEREFORE, based on the mutual covenants contained herein, the parties agree as follows: I. PURCHASER shall obtain a building permit for the Property on or before May 14, 2018. 2. SELLER agrees to encourage the City to expedite PURCHASER'S building permit application as time is of the essence. 3. In the event that PURCHASER fails to obtain a building permit on or before May 14, 2018, PURCHASER shall execute a deed of the Property back to the SELLER and SELLER shall reimburse PURCHASER $255,000.00, representing the purchase price of the Property. 4. PURCHASER shall waive its right to contest reversion of the Property if it does not obtain a building permit on or before May 14, 2018, and shall execute the deed as described above. To the extent that any of the terms or conditions contained in this ADDENDUM may contradict or conflict with any of the terms or conditions of the attached Agreement, it is expressly understood and agreed that the terms of this ADDENDUM shall take precedence and supersede the attached Agreement. 00959487-3 IN WITNESS WHEREOF. the Parties have CXeCLIted this Addendum as of the date first set forth above. BUYER SELLER LOCAL DEV CO, LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS P O REDEVELNIENTF AGE CY V LO By Bv: d. Print Name: Print Name: Title: Title: Date: Date: Witnesses: C14, Witnesses: IT Approved as to form and legal sufficiency C" Attorney W959487 3 Pemit # 16-4870 (Timeline) 211 East Ocean Avenue Orginal Submittal(1stReview) 12/5/2016 Total Number of Reviews by City 5 Time in business days Total Time in business days (City) 83 (City) 41 Total Time in business days (Contractor) 302 (8 Weeks) Total Time(Business Days) 377 Called for Comments 1/30/2017 Time in business days (Contractor) 50 (10 Weeks) 1st-Corrections Submitted (2ndReview) 4/7/2017 Time in business days (City) 20 (4 Weeks) Called for Comments 5/4/2017 Time in business days (Contractor) 124 ( 4 Weeks) 2nd-Corrections Submitted(3rdReview) 10/24/2017 Time in business days (City) 10 (3 Weeks) Called for Comments 11/6/2017 Time in business days (Contractor) 125 ( 3 Weeks) 3rd- Corrections Submitted (4thReview) 4/27/2018 Time in business days (City) 6 (1 Week) Called for Comments 5/4/2018 Time in business days (Contractor) 3 (1 Week) 4th-Corrections Submitted (5thReview) 5/8/2018 Time in business days (City) 6 (1 Week) Ready to be Issued (Pending Req. Docs) 5/15/2018 No Permit Issued as of This Date 5/17/2018 Pemit # 16-4870 (Timeline) 211 East Ocean Avenue Plan Reviewers by Trade P&Z Review Katie Hatcher- 12/8/17 (NA) Katie Hatcher-5/2/17 (Approved) Electrical Review Adrian Popescu (CAP) - 12/7/17 (NA) (Outside Consultant) Anthony Pica -5/1/17 (NA) Joshua Mangone - 11/13/17 (Approved) (New in-house plan reviewer) Plumbing Review James Baker(CAP) - 1/19/17 (NA) (Outside Consultant) James Baker(CAP) -4/21/17 (NA) Henry Glass- 10/27/17 (NA) (New in-house plan reviewer) Henry Glass-5/1/18 (NA) Mechanical Review James Baker(CAP) - 1/19/17 (NA) (Outside Consultant) James Baker(CAP) -4/21/17 (NA) Henry Glass- 10/27/17 (NA) (New in-house plan reviewer) Henry Glass-5/1/18 (NA) Structural Review Mike Gregorchik- 1/17/17 (NA) Mike Gregorchik-4/21/17 (NA) Michael Peters - 11/1/17 (NA) Robert Coady-5/3/18 (NA) Fire Review Jake Lejeune - 1/4/17 (NA) Jake Lejeune - 1/4/17 (NA) Resigned from City Michael Mayall (GFA) - 11/1/17 (NA) (Outside Consultant) Michael Mayall (GFA) -5/3/18 (Approved) Engineering& Utilities Review Frantz Lafontant- 1/25/17 (NA) Frantz Lafontant-5/3/17 (NA) Frantz Lafontant- 11/3/17 (NA) Frantz Lafontant-5/03/18(Approved) Historic Review Warren Adams- 2/14/17 (NA) Resigned from City Michael Rumpf- 11/6/17 (NA) Michael Rumpf-5/4/18(NA) LEWIS Attorneys at Law LLWLONGMAN lw-law.co;n �i►' � WALKER Tara W. Duhy tduhy a,llw-law.com Reply To: 11'est Palm Beach Off ce May 15, 2018 VIA REGULAR & CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. 3`d Street Philadelphia, PA 19123 Re: Notice of Default; 211 E. Ocean Avenue, Boynton Beach, Florida Dear Mr. Labov: This letter shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above-referenced property. On September 29, 2015, Shovel Ready Projects, LLC ("Shovel Ready") entered into a Purchase and Development Agreement ("Agreement") with the Boynton Beach Community Redevelopment Agency ("CRA") for the purchase of property located at 211 E. Ocean Avenue, Boynton Beach, Florida. On April 11, 2018, the Agreement was subsequently modified to allow Shovel Ready additional time, up until May 14, 2018, to obtain a building permit. A copy of the Addendum to Purchase and Development Agreement is attached as Exhibit "A." As of the date of this letter, the Building department indicates that Shovel Ready has not obtained a building permit for the Property. Pursuant to the terms of the Addendum, the CRA demands that Shovel Ready execute a General Warranty Deed conveying the Property back to the CRA within 30 days of the date of this letter. In return, the CRA will reimburse Shovel Ready $255,000, representing the purchase price of the Property. In the event that Shovel Ready fails to execute a General Warranty Deed Pursuant to terms of this Agreement, the CRA will seek enforcement of this Agreement, including but not limited to attorneys' fees and costs, in the circuit court of Florida. JACKSONVILLE ST PETERSBURG TALLAHASSEE WEST PALM BEACH I 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-5 315 SOuth Ca1110un St.,Suite 830 315 North Flagler t)r,Sulte1.500 Jacksonville, Florida 32202 St. Petersburg, Florida 33701 Tallaha 7see I londa 32301 West Pairn Beach Fior id✓i ',.140'1 T:904.353.6=1.10 P 727.245.0820 T 850.222.5702 T`.561.6-10.0820 F:904.353.7619 P 127.990.4057 F:850.22-1.1112,12 F:561 640.8202 00986349-2 See Things Differently Your prompt attention is requested. Please contact me should you have any questions regarding the above. incer Tar Duhy, q ire TWD/ Cc: Thomas Carney, Esquire Stephen Hankin, Esquire Kenneth W. Dodge, Esquire M. Simon, BBCRA T. Utterback, BBCRA 00986349-2 ADDENDUM TO PURCHASE AND DEVELOPMENT AGREEMENT This ADDENDUM to Purchase 13%velopment Agreement (hereinafter "Agreement") is made and entered into as of JS4 18, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGE,N a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter -Seller") and SHOVEL READY PROJECTS, LLC, successor in interest to LOCAL DEV CO, IA-C, a Florida limited liability company (hereinafter"Purchaser, and together with the Seller. the"Parties"). WHEREAS, Seller and Purchaser entered into an Agreement with an effective date of September 29, 2015; and WHEREAS, Seller and Purchaser agree to modify Section 18.3, Development Timeline, of the Agreement to allow the Purchaser additional time to obtain a building permit; and WHEREAS, Seller and Purchaser agree to modify Section 19, Prppertv Reverter Clause of the Agreement to add waiver language in the event Purchaser fails to meet the modified Development Timeline. NOW, THEREFORE, based on the mutual covenants contained herein, the parties agree as hollows: 1. PURCHASER shall obtain a building permit for the Property on or before May 14, 2018. 2. SELLER agrees to encourage the City to expedite PURCHASER'S building permit application as time is of the essence. 3. In the event that PURCHASER fails to obtain a building permit on or before May 14, 2018, PURCHASER shall execute a deed of the Property back to the SELLER and SELLER shall reimburse PURCHASER $255,000.00, representing the purchase price of the Property. 4. PURCHASER shall waive its right to contest reversion of the Property if it does not obtain a building permit on or before May 14, 2018, and shall execute the deed as described above. To the extent that any of the terms or conditions contained in this ADDENDUM may contradict or conflict with any of the terms or conditions of the attached Agreement, it is expressly understood and agreed that the terms of this ADDENDUM shall take precedence and supersede the attached Agreement, EXHIBIT IN WITNESS WI IEREOF. the Parties have executed this Addendum as of the date first set forth above, BUYER SELLER LOCAL DEV CO, LLC BOVNTON BEACH COMMUNITY AND/OR ASSIGNS REDEVELOPMEN AGE CV By BN,: Print Name: '3 T C Vvu-- Print Name: Title: Title: Date: Date: Witnesses: Witnesses: Approved as to form and legal sufficiency CR X Attorney 2 loCIARNEY STANTON P.L. Attorneys At Law 135 S.E. 5TH AVENUE, SUITE 202 DELRAY BEACH,FLORIDA 33483 TEL: (561)278-5565 FAX: (561)330-8233 EMAIL: do a,carneystanton.com May 24, 2018 Tara W. Duhy, Esq. Lewis Longman and Walker BY CER'T'IFIED MAIL AND ENTAIL, 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 In Re: Notice of Default Letter dated May 15, 2018 211 East Ocean Avenue, Boynton Beach,FL Dear Ms. Duhy: Thank you for taking the time to discuss this matter with me last week. On behalf of our client, Shovel Ready Projects, LLC,this replies to your May 15, 2018 Notice of Default. As stated in my immediate email reply to you on May 15th, we are not in default. Our analysis necessarily commences with a reading of Paragraph 19 ("PROPERTY REVERTER CLAUSE") of the Purchase and Development Agreement with allows for the triggering of a reversion in the event that "PURCHASER defaults in not timely constructing the restaurant per Section 18.3...." [emphasis added], While the April 11, 2018 Addendum provides that the 'PURCHASER shall obtain a building permit on.or before May 14, 2018," it does not make time of the essence nor does it incorporate the time of the essence provision in Paragraph22.2 of the Purchase and Development Agreement. The only time of the essence provision in-the Addendum applies to the City which in paragraph 2 must "expedite PURCHASER'S building permit application as time is of the essence." The intent, indeed, essential spirit of the Addendum was to ensure that construction would be timely completed. Here, at a cost of$52,000.00, the plans were completed but due to circumstances beyond our client's control:were not submitted until May 16 although a building permit was to issue on May 14th. Before the ink on the submitted plans could dry, you were directed to issue a May 15 Notice of Default. That, in turn,places our client between a rock and a hard place for, while they are ready, willing and able (and desire)to pay the non-refundable $48,000 permit fee (by the way,this fee was originally represented to be $18,000), they cannot do so under the threat of forfeiture. Our client has already spent.a substantial amount of money in having plans developed to the tune of approximately$ 52,000.00. For the City to now declare a forfeiture would, indeed, be both inequitable and unconscionable under all of the circumstances. To be sure, equity abhors forfeitures,Dade County v. Or of North Miami Beach, 69 So.2d780(F1a.1953), and courts of equity will avoid them at all costs, White v. Brousseau, 566 So.2d 832(Fla. 5th DCA 1990). We think those principles, combined with the well accepted proposition that where time is not made of the essence a party has a reasonable opportunity to perform will compel a court of equity to extend the applicable period for performance. Generally, see LKushnir Hotels, Inc. v. Durso, 912 So.2d633 (Fla. 4th DCA 2005). If the City wants the property developed, the right thing to do here is to extend the time for payment of the building permit-which can be made within five (5) days of the withdrawal of the threat of forfeiture and, in turn, extend the same requisite time for the completion of construction, which extension must contain a force majeure provision. Otherwise, the subject litigation will only delay development which none of us wish. While we wish to avoid litigation, and hopefully the City does too, absent a fair resolution my client does not intend to suffer the consequences of inequitable,plainly wrong,treatment. We are soclose here with a vision to truly enhance the project and the City. Please let me hear from you as soon as possible. If the CRA wishes a private meeting (we have previously called and have requested one in writing), we are very amenable. Sincerely CARNEY STANTON L. By: Thomas F. Carney, Jr., Esq. TFC/my cc: Steve Labov (by email only) Stephen Hankin, Esq. (by email only) Kenneth W. Dodge, Esq. (by email only) Michael Simon, Boynton Beach CRA (by email only) Theresa Utterback, Boynton Beach CRA (by email only) LEWIS Attorneys at Law LLWLONGMAN lw-law.co;n �i►' � WALKER Tara W. Duhy tduhy a,llw-law.com Reply To: 11'est Palm Beach Off ce May 15, 2018 VIA REGULAR & CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. 3`d Street Philadelphia, PA 19123 Re: Notice of Default; 211 E. Ocean Avenue, Boynton Beach, Florida Dear Mr. Labov: This letter shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above-referenced property. On September 29, 2015, Shovel Ready Projects, LLC ("Shovel Ready") entered into a Purchase and Development Agreement ("Agreement") with the Boynton Beach Community Redevelopment Agency ("CRA") for the purchase of property located at 211 E. Ocean Avenue, Boynton Beach, Florida. On April 11, 2018, the Agreement was subsequently modified to allow Shovel Ready additional time, up until May 14, 2018, to obtain a building permit. A copy of the Addendum to Purchase and Development Agreement is attached as Exhibit "A." As of the date of this letter, the Building department indicates that Shovel Ready has not obtained a building permit for the Property. Pursuant to the terms of the Addendum, the CRA demands that Shovel Ready execute a General Warranty Deed conveying the Property back to the CRA within 30 days of the date of this letter. In return, the CRA will reimburse Shovel Ready $255,000, representing the purchase price of the Property. In the event that Shovel Ready fails to execute a General Warranty Deed Pursuant to terms of this Agreement, the CRA will seek enforcement of this Agreement, including but not limited to attorneys' fees and costs, in the circuit court of Florida. JACKSONVILLE ST PETERSBURG TALLAHASSEE WEST PALM BEACH I 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-5 315 SOuth Ca1110un St.,Suite 830 315 North Flagler t)r,Sulte1.500 Jacksonville, Florida 32202 St. Petersburg, Florida 33701 Tallaha 7see I londa 32301 West Pairn Beach Fior id✓i ',.140'1 T:904.353.6=1.10 P 727.245.0820 T 850.222.5702 T`.561.6-10.0820 F:904.353.7619 P 127.990.4057 F:850.22-1.1112,12 F:561 640.8202 00986349-2 See Things Differently Your prompt attention is requested. Please contact me should you have any questions regarding the above. incer Tar Duhy, q ire TWD/ Cc: Thomas Carney, Esquire Stephen Hankin, Esquire Kenneth W. Dodge, Esquire M. Simon, BBCRA T. Utterback, BBCRA 00986349-2 ADDENDUM TO PURCHASE AND DEVELOPMENT AGREEMENT This ADDENDUM to Purchase 13%velopment Agreement (hereinafter "Agreement") is made and entered into as of JS4 18, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGE,N a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter -Seller") and SHOVEL READY PROJECTS, LLC, successor in interest to LOCAL DEV CO, IA-C, a Florida limited liability company (hereinafter"Purchaser, and together with the Seller. the"Parties"). WHEREAS, Seller and Purchaser entered into an Agreement with an effective date of September 29, 2015; and WHEREAS, Seller and Purchaser agree to modify Section 18.3, Development Timeline, of the Agreement to allow the Purchaser additional time to obtain a building permit; and WHEREAS, Seller and Purchaser agree to modify Section 19, Prppertv Reverter Clause of the Agreement to add waiver language in the event Purchaser fails to meet the modified Development Timeline. NOW, THEREFORE, based on the mutual covenants contained herein, the parties agree as hollows: 1. PURCHASER shall obtain a building permit for the Property on or before May 14, 2018. 2. SELLER agrees to encourage the City to expedite PURCHASER'S building permit application as time is of the essence. 3. In the event that PURCHASER fails to obtain a building permit on or before May 14, 2018, PURCHASER shall execute a deed of the Property back to the SELLER and SELLER shall reimburse PURCHASER $255,000.00, representing the purchase price of the Property. 4. PURCHASER shall waive its right to contest reversion of the Property if it does not obtain a building permit on or before May 14, 2018, and shall execute the deed as described above. To the extent that any of the terms or conditions contained in this ADDENDUM may contradict or conflict with any of the terms or conditions of the attached Agreement, it is expressly understood and agreed that the terms of this ADDENDUM shall take precedence and supersede the attached Agreement, EXHIBIT IN WITNESS WI IEREOF. the Parties have executed this Addendum as of the date first set forth above, BUYER SELLER LOCAL DEV CO, LLC BOVNTON BEACH COMMUNITY AND/OR ASSIGNS REDEVELOPMEN AGE CV By BN,: Print Name: '3 T C Vvu-- Print Name: Title: Title: Date: Date: Witnesses: Witnesses: Approved as to form and legal sufficiency CR X Attorney 2 Subject: FW: 211 East Ocean -----Original Message----- From: Thomas Carney <tfc(-q),cqrneystqnton.-conj> Sent: Friday, June 8, 2018 11:59 AM To: Tara Duhy <tduhyl-'llw-law.coni> Cc: Simon, Michael <SimonM(c-i),bbfl.us>; Lynne Burnaford <1burnaf6rdCti,,11w-1aw.com> Subject: 211 East Ocean Good afternoon Tara, We met this week on the prospects of moving forward with the 211 East Ocean project. It IS something we very much want to do. We essentially have two proposals. 1. We would like to keep moving forward, pay for and receive the building permit, and finish the project. The only thing we would like is to re-visit the timeline. Under the current contract, we need to complete the project in 8 months. Realistically, we think this time period should be 12 months. Additionally, if we are delayed for reasons beyond our control (or by the City), we would like that "delay time" to be, to the extent practicable, added to the timeline. In other words, the running of the time would get "tolled" during the delay. 2. We would voluntarily re-deed the property to the CRA for the original amount we paid plus the sum of $50,000 for the plans, etc. and the work we have already done. This would certainly expedite whoever is next in line to do the project as they would be essentially ready to step into our shoes and immediately commence the project. Please let me know your thoughts. We will be at the CRA meeting next Tuesday, but would like to have some conversation with you and CRA staff to see if this is something they could support. I can be reached ANYTIME at: 561-706-7448 Tom Carney -----Original Message----- From: Tara Duhy [M_aitq, dqhv(&,11w-1aw.com] Sent: Wednesday, May 30, 2018 10:04 AM To: Thomas Carney Cc: Simon, Michael; Lynne Burnaford Subject: Re: Meeting with Mike Simon That will work for us. Just let us know once you speak with your client. Tara W. Duhy Lewis, Longman & Walker, P.A. (561) 640-0820 On May 30, 2018, at 9:58 AM, Thomas Carney <tfc(ti),carneystaii ton,com<maiItQL-tfc a)cqjrney�qantop.com>> wrote: Let me get with my client. I have to be on the road by 11:15 for a meeting in Riviera Beach at noon. So I am thinking, with something around 10 a.m. work? I can't imagine we would be there more than a half an hour Get Outlook for Android<hqp s.://aka.ms/(-Yhei36> From: Tara Duhy <td uhyCdjll I w-law.com<fnqiIto:tduhv(d),11w-law.con i>> Sent: Wednesday, May 30, 2018 9:49:03 AM To: Thomas Carney Cc: Simon, Michael; Lynne Burnaford Subject: Re: Meeting with Mike Simon Tom - Mike and I are available this Friday from 9 to 12:30. Will sometime in that window at the CRA office work for you? Let me know and my assistant Lynne will send a calendar invite. Tara W. Duhy Lewis, Longman& Walker, P.A. (561) 640-0820 On May 25, 2018, at 4:12 PM, Thomas Carney <tfc�liiwarnev stanton.com<pjai Ito:tfc(a�.carnevstantoji.coiii><jiiallto:tfcO),carnevstanton.com>> wrote: Thank you Tara. Have a nice weekend. Tom From: Tara Duhy [mailto:tduhyr,�t)ll_w-l-a—NN-.�.coniI Sent: Friday, May 25, 2018 11:35 AM To: Thomas Carney Cc: 'Simon, Michael' Subject: RE: Meeting with Mike Simon Tom— I apologize for the delayed response. I have been out of town this week. I will coordinate with Mr. Simon on his availability for a meeting mid next week. From: Thomas Carney [inailto:tf'c(d,,camevstanton.coiii] Sent: Wednesday, May 23, 2018 11:28 AM To: Tara Duhy <tduhv(ii.�llw-law.con)<inailto:tduhvL4)11"w/-Iaw.com><mailto:tdiihy( )llw-lqw.coiii>> Cc: 'Simon, Michael' <SimonM CtObfl.us<mai Ito:S imonM 0bbfl.us><i nailto:S irnonMLq-�JJ bfl.Lts>> Subject: Meeting with Mike Simon Tara, I would like to set up a meeting to meet with Mike Simon. As the CRA is represented by counsel, I would like to coordinate with your office for a time either Friday afternoon or Monday/Tuesday (whatever time works for you both. Alternatively, I could meet with him without you, but with your consent. Please let me know 2 "' LEWIS Attorneys at Law LONGMAN LLWIlw-law.com WALKER l Kenneth W. Dodge Wo d e e llw-law corn Reply To: West Palm Beach Office June 15, 2018 VIA REGULAR & CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. Yd Street Philadelphia, PA 19123 Re: Notice of Default—Reverter of Property-, 211 E. Ocean Avenue, Boynton Beach, Florida Dear Mr. Labov: I am writing in follow-up to our letter dated May 15, 2018, in which the Boynton Beach Community Redevelopment Agency ("CRA") notified you that Shovel Ready Projects, LLC ("Shovel Ready") is in default of the Purchase and Development Agreement, dated September 27, 2018, for the above-referenced property. Pursuant to the terms of the Addendum, dated April 11, 2018, the CRA demanded that Shovel Ready execute a General Warranty Deed conveying the Property back to the CRA within 30 days. In return, the CRA agreed to reimburse Shovel Ready $255,000, representing the purchase price of the Property. As of the date of this letter, Shovel Ready has failed to execute the deed, returning the Property back to the CRA, in further breach of the Agreement. The Boynton Beach CRA staff will be advising the CRA Board of Shovel Ready's default at the next Board meeting on July 10, 2018. Please contact me should you have any questions regarding the above. } , Kenne h W. Dodge, Esquire ,r JACKSONVILLE ST.PETERSBURG TALLAHASSEE EST PALM BEACH 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-S 1315 South Calhoun St.,Suite 830 515 North Flagler Dr.,Suite 1500 Jacksonville,Florida 32202 St.Petersburg,Florida 33701 Tallahassee,Florida 32301 West Palm Beach,Florida 33401 T.904.353.6410 T:727.245.0820 T:850.222.5702 . T:561.640.0820 F:904.353.7619 F:727.290.4057 F:850.224.9242 F:561.640.8202 01001853-2 June 15, 2018 Page 2 KWD/crd Cc: Thomas Carney, Esquire Stephen Hankin, Esquire Tara W. Duhy, Esquire M. Simon, BBCRA T. Utterback, BBCRA 01001853-2 Simon, Michael From: Thomas Carney <tfc@carneystanton.com> Sent: Wednesday,June 20, 2018 8:07 AM To: Tara Duhy Cc: Simon, Michael Subject: FW:211 East Ocean Sent this to the wrong Tara. From: Thomas Carney Sent: Tuesday, June 19, 2018 4:50 PM To: Tara.Cowart@myfloridalicense.com Cc: Simon, Michael; Steve Labov Subject: FW: 211 East Ocean Good afternoon Tara, The following is a list of direct expenses related to the 211 East Ocean property: AW ARCHITECTS 41,661.51 CARNEY STANTON 3,375.00 CITY OF BOYNTON BUILDING DEPT 5,150.20 BOYNTON BEACH UTILITY 153.99 NUTTING ENGINEERS 2,050.00 PRAKAS(REAL ESTATE COMMISSION) 12,750.00 THOMASEVICH CONSTRUCTION 2,860.00 NANKIN SANDMAN PALLADINO 7,269.00 HARTZELL INSURANCE 95.00 TOTAL $75,364.70 Obviously, I have the receipts, etc. What do we do now? Tom Carney 561-706-7448 1 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 OLD BUSINESS AGENDAITEM: 13.13. SUBJECT: Consideration and Discussion of Fiscal Year 2018/2019 Budget SUMMARY: The Boynton Beach CRA is a quasi-governmental, Special District operating under Title XI, Chapter 163, Part I I I of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar beginning on October 1st and ending on September 30th of each year. The C RA does not obtain its revenue from charging an additional tax. The CRA receives its annual Tax Increment Revenue (TI R) funding based on the property values within the CRA District as share of the existing ad-valorum property taxes paid to the City of Boynton Beach and Palm Beach County. Based on notification received from the Palm Beach County Property Appraiser's office in May 2018, the estimated TIR for Fiscal Year 2018-2019 will be $12,421,686 (see Attachment 1). This amount would represent an 8% increase in property values and T I R over the previous fiscal year. The CRA's annual budget is comprised of three accounting funds; 1) the General Fund which contains the administrative, general operation, insurances, property maintenance and CRA/CRAAB and marina related items; and 2)the Project Fund which contains all of the capital projects, development projects or initiatives, property acquisitions, local business grant programs or promotional events, as well as eligible innovative policing activities such as the Neighborhood Officer Program; and 3) the Debt Service Fund which contains the CRA's financial debt obligations and encumbrances such as bond repayments and developer's tax increment funding agreements. As the CRA district continues to see positive economic growth and the agency itself continues reinvest funding into capital projects that enhance the overall district, prioritizing expenditures and longer range financial planning becomes even more important. The project fund budget discussion will attempt to identify the priority projects for the upcoming fiscal year and assign funding amounts to them in a draft project fund budget exercise using a live accounting spreadsheet (see Attachment 11). The financial breakdown will identify current bond debt obligations, existing tax increment revenue funding agreements obligations and available funding for priority projects, programs or funding requests. Included in the review are the preliminary budgets for the Neighborhood Officer Police Program (Attachment 111), Special Events (Attachment IV) and Marketing (Attachment V). During the June 12, 2018 Board meeting, the CRA Board directed staff to send an "active" Excel spreadsheet with figures that will be discussed at July's Board meeting. An email with the requested information was sent to the CRA Board on Friday, June 22, 2018 (Attachment VI). The CRA's annual budget process will continue with funding discussions at the July, August and September meetings of both the CRA and CRA Advisory Boards. Final approval and adoption of the CRA's annual budget for Fiscal Year 2018-2019 is anticipated to occur at the September 18, 2018 City Commission meeting. FISCAL IMPACT: To be determined based on Board discussion and action. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To discuss and consider funding allocations within the Fiscal Year 2018-2019 Budget's Project Fund. ATTACHMENTS: Description D Attachment I - Projected General Fund/Debt Service Expenses D Attachment II - Project Fund Spreadsheet D Attachment III - Neighborhood Police Program D Attachment IV -Special Events D Attachment V - Business Marketing Program D Attachment VI - Email from M Simon to CRA Board 6/22/2018 -- ---- - - -CO — N . I� � W � N tb �r V OCb r r � - ` M m N V CMO O M N � o a o o o . . . . . . ' r r M N N } m o m o o o m m LL M r V M r V O O O (of� O 01 N oo ' N m o m mCMO N m O } c o m o N LL M r M r V W o O c . 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O y o D A �, u .y > > c a C o 0 m f U O t .° d c E E t .. n m U a FFyo. c ° x y y c Q oo 0 0 o. `m `m o c c a 3 c 3 d U ¢ a` w z m 2 x 2 a` 0 0 'a z z° o Actual Category Notes Quantity Cost per Unit Subtotal' 948 Sergeant Salary&Incentive(Diehl) 1 $ 92,763 $ 92,763 Salary,Education Incentive Sergeant Benefits-Pension 1 $ 44,443 $ 44,443 Pension Sergeant Benefits 1 $ 15,625 $ 15,625 Healthcare,Dental,Vision,Fica Officer Salary&Incentive(Paramore) 1 $ 62,781 $ 62,781 Salary,Education Incentive Officer Benefits-Pension 1 $ 30,078 $ 30,078 Pension Officer Benefits 1 $ 13,330 $ 13,330 Healthcare,Dental,Vision,Fica Officer Salary&Incentive(NEW) 1 $ 54,304 $ 54,304 Salary,Education Incentive Officer Benefits-Pension 1 $ 26,017 $ 26,017 Pension Officer Benefits 1 $ 12,680 $ 12,680 Healthcare,Dental,Vision,Fica $ 352,021 Personnel Costs Total ¢ ^9 Radio and Related Equipment 1 $ 2,000 $ 2,000 Bike Rack 1 $ 250 $ 250 Misc.Equipment-As Needed $ 2,500 $ 2,500 $ 4,750 Equipment Costs Total Cell Phones Service Plan 3 $ 675 $ 2,025 Office and Miscellaneous Supplies 1 $ 2,000 $ 2,000 Paper,Pens etc.(includes printer/copier) Office Cleaning 1 $ 1,500 5,525 Office Expenses Total Communication and Program Marketing $ 7,704 Total for FY 18-19 $ 370,000 NOTE:All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2017-2018 Revised by CRA to include promotional/marketing materials and additional equipment. BOYNTON BEACH CRA FY 2018-2019 SPECIAL EVENTS BUDGET EVENTS DATE BUDGET BOYNTON BEACH Saturday&Sunday October 27&28, 2018 $310,000 HAUNTED PIRATE FEST Event Marketing'; $43,000 &MERMAID SPLASH Event Banners i $8,500 E. Ocean Ave. (between Federal Hwy. and NE 3rd St.) Total Pirate Fest $361,500 ART DISTRICT EVENT Date:TBD 410 W. Industrial Ave. Total Art District Event $5,000 Event Marketing; $1,500 Total is ric $6,500 HOLIDAY BOAT PARADE Friday, December 14,2018 $11,000 735 Casa Loma Blvd. Event Marketing'; $4,000 Total oa arae $15,000 BLARNEY BASH Sunday, March 17, 2019 $35,000 735 Casa Loma Blvd. Event Marketing'; $9,500 Total oa arae $44,500 ROCK THE PLAZA Dates:TBD (FALL/WINTER) $18,000 Plazas: Casa Costa, One Boynton, Yachtsman December 2018, January 2019, February 2019 SPRING/SUMMER $18,000 Plazas: Boynton Harbor Marina,Yachtsman's April 2019, June 2019, July 2019 Plaza, Ocean Palm Plaza Event Marketing; $9,000 Total Rock a Plaza,' $45,000 HISTORIC WOMAN'S CLUB Valentine's Heart Ball-'February 2019' $10,000 OF BOYNTON BEACH 80's Prom-May 2019 $10,000 1010 S. Federal Hwy. Event Marketing; $5,000 Total oman s Club' $25,000 EQUIPMENT&SUPPORT $21,500 Sub-I otal Lvents $447,000 Sub-Total Events Marketing $72,000 TOTAL COST OF EVENT ► $519,000 FY 17-18 Funded Events: Budget Considerations: Budget based on overtime rate of$51/hr for BBPD Public Safety Open House-$3,000 versus standard detail rate of$42/hr Holiday Tree Lighting &Concert-$70,000 Holiday Parade-$12,000 Taste of Boynton event in June 2019-$10,000 MLK Celebration of Unity-$40,000 Music on the Rocks-$20,000 Kinetic Art Event in February 2019-$20,000 Movies in the Park-$18,000 MARKETING - PROJECT FUND 02-58400-445 BUSINESS DEVELOPMENT A Economic Design & print a custom brochure for economic development grants $ 2,000 Development B Delray Newspaper (3) Full page color ads to promote the businesses in the CRA district $ 3,135 ($1045 per ad) C Neighborhood News (3) Full page color ads to promote the businesses in the CRA District $ 2,100 of the small businesses in our district do not have a website. This campaign Website lottery is based on a lottery system budgeting for 2 businesses to receive a free D campaign partnership website to help promote their business online. (2)website start ups at $ 5,000 with SMOP program $2500 each E Gateway Gazette Full page monthly color ad placement to promote the businesses in the $ 7,320 CRA district($610 per month) Business Boynton Bucks campaign for"Meet your Neighbors"will service businesses F Development offering a discount to attract new customers. This campaign includes $ 4,250 design & print of discount cards which will be utilized to track participants. Boynton Bucks campaign for restaurants which offers a discount to attract G Restaurant Club new customers. The campaign includes design & print of discount cards $ 4,250 which will be utilized to track participants. Heart of Boynton 30x60 banners (15) banners printed and installed H Downtown Banners everyother pole and East Ocean Ave. 30x60 Downtown District (18) $ 13,300 banners printed and installed.This also includes maintenance. BDB ad in Profile Double page spread ad in the annual Business Development Board Profile $ 3,975 magazine we split this with the City Chamber& Business Merchant, redevelopment marketing, business development & Broker $ 10,000 Development Events events Business Development Video Ad This campaign includes 2 minute videos for the CRA businesses along with K Campaign and photos photos. The businesses will donate gift certificates for a drawing on social $ 23,000 media which will draw the winners to the establishment. for Social Media L Sub-Total Business Development $ 78,330 CRA COMPLIANCE Design and print a 20 page report that will be inserted into the the M Annual Report Sun Sentinel Newspaper and delivered to 3,500 locations within the $ 6,670 33435 zip code Total Marketing - Project Fund $ 85,000 Hill, Vicki From: Simon, Michael Sent: Friday, June 22, 2018 3:47 PM To: Grant, Steven; Romelus, Christina; Katz, Justin; McCray, Mack; Casello, Joseph Cc: Shutt, Thuy; Hill, Vicki Subject: CRA Brd: FY 18-19 Budget, Project Fund Allocation Wrkshtl Attachments: 06.22.18_Propsd_NOP_FY18-19_Budget.pdf; 06.22.18_Brd_FY18-19 _ProjectFund_Budget_WrkShtl.pdf; 06.22.18_Propsd_FY18-19_MKT_Budget.pdf; 6.22.18 _Propsd_FY18-19_Special Events Budget.pdf; 06.22.18_CRABrd_FY18-19 _B udget_Project_Fund_Allocation wrkshtl.xlsx Good afternoon CRA Board Chair Grant and Board members: As directed by the CRA board at your June 12, 2018 meeting, attached please find an "active" Excel spreadsheet made up of two worksheet tabs: These spreadsheets are also attached for you in pfd format. * Tab 1) FYI 8-19 TIR-Debt Service-TIRFAs, takes you through the Proposed FY 18-19 Budget beginning with Tax Increment Revenue (TIR) down to General Expenses, Debt Service Expenses and Tax Increment Revenue Funding Agreements (TIRFAs) Expenses, and; * Tab 2) FY 18-19 Project Fund Brd Wrksht,provides you with the Available Amount in the Project Fund for your allocation exercise. For your reference and consideration, this Tab also provides a column of staffs recommendations for Project allocation amounts. Additionally, attached please find the staff proposed FY 18-19 Project Fund Budget breakdown sheets for Special Events, Business Marketing and the Neighborhood Policing Program (NOP). These may be useful as you work through your proposed project allocation amounts. It is my intention to go over the attached information with each you individually during our upcoming one-on- one meetings. This will give us an opportunity to discuss the budget and answer any questions you may have or provide clarification on any funding item. Thank you again for all of your time and support. Have a great weekend. 1 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Boynton Beach Boulevard Streetscape Improvement Project Update SUMMARY: At the January 18, 2018 CRA Board meeting, KHA submitted the 50% completed design drawings, probable cost estimates, and an analysis for the various pavement treatments such as pour-in-place concrete, colored pavers, or bonded aggregate over concrete sidewalks (see Attachments I and 11). The analysis describes the advantages and disadvantages, recommended maintenance, durability, and available warranty for each pavement treatment. The analysis indicates that the pour-in-place color concrete option would have less disadvantages and best suited for the selected wave-like design. All three treatments have similar maintenance requirements with the pour-in-place and colored paver requiring periodic sealing to enhance color. The cost estimates does not include the construction cost of the portion the Boynton Beach Boulevard (BBB) which is included in FDOT's scope of work for the East BBB and 1-95 interchange. The interchange project is in its preliminary design phase and construction will not commence for another four years (Attachment 111). It should be noted that collaboration between Galaxy Elementary School and FDOT representatives has been initiated to address traffic concerns at the school entrance on Boynton Beach Boulevard as a result of this project. The CRA requested that KHA analyze the costs for the three variations of the wave pattern and the blocks west of Seacrest Boulevard to the 1-95 interchange and report back at the 60% design completion. It is the Board's intentions to establish a unique design theme and forward this to the FDOT design team. The three variations consist of full uninterrupted waves (except for driveways), strategic gaps in the waves, and waves only at road intersections (see Attachment IV -January 18, 2018 Meeting Minutes). Quantities and cost estimates for the variations are included in Attachment V for the colored concrete pavement treatment along BBB from US-1 to 1-95. The cost ranges from $510,000 for the continuous waves, $390,000 for the gaps, and $180,000 for the corners/intersections. For the blocks west of BBB, the cost for the continuous waves is $123,585, for the gaps is $102,075, and for the corners/intersections is $45,000. Board approval for one of the three concepts is requested to continue with the design process. On March 2, 2018, CRA and City staff, with the assistance of KHA, submitted this project for the Transportation Planning Agency (TPA) Local Initiative (LI) Grant (see Attachments VI and VI I for Grant Program Overview and Application). The purpose of this grant program is to help advance lower-cost, non-regionally significant transportation projects. Construction funding availability for successful 2018 applications is July 1, 2023. The BBB Beautification Improvements is a strong candidate for the grant since it is a complete street project which implements Smart Growth principles by incorporating traffic calming measures and accommodating various modes of transportation in the roadway design. The maximum available funding for 2018 is $20 Million. The City/CRA's grant request is for $1,414,627.06 in Federal Highway Administration (FHWA) participating funds and $538,653.30 in local funds for a project total of $1,953,280.36. Since BBB is a FDOT-owned and managed roadway, FDOT support of the project and approval of the proposed cross section is required. Approval was finally granted after addressing technical and field questions from the FDOT team in May. The approved FDOT cross section is included in as part of the revised grant application. KHA submitted 60% design plans to the City and the CRA for review on June 7, 2018. The plans incorporated the FDOT approved cross section for BBB and addressed previous City comments (see Attachment VI 11). On June 29, 2018 the City Engineer received notification from TPA that the City/CRA's TPA LI Grant Application was ranked 4th on the Draft Priority Project list and will most likely be awarded $2,232,414 in grant funding subject to final approval by the TPA Board on September 20, 2018 (see Attachment I X). Mr. Jonathan Haigh from KHA will be at the July 10, 2018 CRA Board meeting to provide a brief status report and answer questions. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, line item 02-58100-203 -$600,410. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Boynton Beach Boulevard District - Streetscape CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve Concept I (Wave), Concept 2 (Gaps), and Concept 3 (Corners) for the pavement treatment component of the Boynton Beach Boulevard Streetscape Improvement Project. 2. Do not approve Concept I (Wave), Concept 2 (Gaps), and Concept 3 (Corners) for the pavement treatment component of the Boynton Beach Boulevard Streetscape Improvement Project. 3. The Board may consider modifications to the proposed pavement treatment within the Boynton Beach Boulevard Streetscape Improvement Project. ATTACHMENTS: Description D Attachment III - FDOT 1-95 Interchange Project D Attachment IV -January 18, 2018 CRA Board Meeting M inutes D Attachment V -Three Waves Concepts Quantities and Estimates D Attachment VI -TPA LI Grant Program Overview D Attachment VII - Boynton Beach TPA LI Grant Application D Attachment Vlll - BBB 60% Design Plans D Attachment IX - Draft TPA LI Grant Application Priority Project Scoring II 1 ff o s m- N � T r� 1 r� t } U a Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 purchase price and $100,000 of financial assistance and learned that was the original presentation that is now on hold. Board Member McCray appreciated all the Community Caring Center does, but did not favor expanding to the entire block as there are other places to go. He wanted to give the Board a chance to get them where they want to go and they can examine other options. F. Boynton Beach Boulevard Streetscape Improvement Project Update Thuy Shutt, Assistant CRA Director, explained at the October update, the Board viewed 30% design drawings for the Boynton Beach Boulevard improvements. Conceptual drawings were presented for lighting, paving design, and landscaping. The Board opted for the pavement treatment, but wanted further information on the durability and life expectancy of each of the materials, the line item cost of each pavement treatment and the overall cost of the project before directing staff to find a way to fund them. The drawings are now 50% complete and were sent to the City on January 10t". Jonathan Hay of Kimley Horn, the project manager and landscape architect was present to review the details of the treatment and the related costs. The overall cost was about $1.9 million, but it did not include the two or three blocks that will be addressed by the Florida Department of Transportation (FDOT) by the 1-95 interchange improvements Chair Grant asked if the $1.9 million will be spent on the roadway from Federal Highway to 2nd Street west and learned it was from Federal to three blocks away from the interchange. Board Member McCray asked when he foresaw the interchange addressed. Ms. Shutt had attended an FDOT meeting on Federal Highway and inquired about the project, which is in the preliminary design stage. The design process and FDOT's process will take three to four years to complete. Rather than the Board address the entire corridor and then FDOT start, the Board decided that timing was an issue to avoid paying for the project twice. Mr. Hay explained because of the alignment shift FDOT is currently reviewing, FDOT's work would impact rights-of-way from side-to-side and he recommended not doing anything with the blocks to and from the interchange that might be impacted. Mr. Hay has been working on getting the CRA's typical sections approved, which is a part of the process. The sections were submitted and reviewed a few times including a variance due to a narrower median than what is typically allowed. The FDOT indicated the bike lane width rules had changed and asked if the CRA would have a four-foot bike lane, which was previously proposed. The CRA would need a three-foot buffer. They submitted a variance for a four-foot bike lane, but no comments had been received. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 The concept selected was a blue, wave pattern on the sidewalk Mr. Hay updated the interchange gateway feature. He thought public art could be commissioned and explained there could be more creative items installed by an artist. The Board had also discussed lighting to match what is on the streetscape. Seacrest Boulevard has FPL poles, and the same would be continued. Kimley Horn had worked on Ocean Avenue a few years ago and had difficulty finding a match for the light poles there, which were no longer made. They had to have several poles custom made to match the poles that were there. The poles from FPL were a good option for Boynton Beach Boulevard, which is what is on the east side of Seacrest. Now that the plans are at the 50% completed stage, they could lay out the entire project, know where the trees would be planted and where the patterning would occur to come up with real cost of$1.9 million. There were comments about the blue colored pavement materials. He studied the pros and cons of each material, its maintenance and durability. All the options were good and they all had relatively the same amount of durability and maintenance requirements. Some were products purchased, like pavers or the overlay, that the Board may be able to negotiate a warranty. The colored concrete options are the best to provide a curvy shape and give the best durability. The blue color additive for the concrete would be an inorganic compound that would provide a better color of blue and be more resistant to fading. Mr. Hay explained the concrete pavers may occasionally need to be resealed. He thought if repairs were made it may be difficult to match the blue color and the Board may need to hire an artistic concrete contractor to match the color. The pavers would never need to be redone. The next step would be to continue the drawings and then for the Engineering Department to get the required approvals from the FDOT. Ms. Shutt hoped, depending on the sequence of the construction that will be ongoing, to go out to bid and have a final cost estimate. The project may have to be a multi-year project, but the CRA will already have a design, which the private sector can complement. Staff will also ensure, where there are lateral connections, the wave design would not be near the connections so there would be less cutting up and repair of the concrete. There are other ways to proceed such as using accent blocks closest to the intersections to avoid having people cutting into the design, and strategically place the waves. Mr. Hay explained the wave would be throughout the entire sidewalk, but could be cut back near the connections. The color additive cost $15 a square foot. Vice Chair Katz favored being in a position to approve a design so the developers of the Town Square, the Villages and other pending projects do not miss out on the opportunity to share some of the cost as it relates to their project's frontage. Ms. Shutt advised she shared the 30% and 50% drawings with those project manager's staff. Staff will come back with a report with 60% drawings and continue to work with the Town Square developer to make them aware of the CRA's progress. They also had 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 a conference call with City staff and their team and received comments. All parties acknowledged the concept. Board Member Casello asked if the FDOT interchange would tie into the CRA's plan. Mr. Hay responded the FDOT will want to do their normal concrete sidewalk. When they come to the City, they will ask if there is anything the City would like done to match up and they will request the City pay for the extra color concrete additives. The FDOT would build it into their project with the specifications the CRA would provide or leave it up to the City to build those parts of the sidewalks. It could be a shared cost. Mr. Hay thought it could be advantageous to have normal colored concrete with a single color as it would be easy for them and their contractors to implement. Board Member Romelus asked if it would it be smarter, instead of having a wave pattern down the strip of Boynton Beach Boulevard, they isolate the color concrete design to the intersections only. All the intersections would match. This could avoid a situation with a broken water main. She sought to avoid issues having to match the color or getting a specialized contractor to do the work. Vice Chair Katz announced he supports the current concept of the wave, its expanse or length. He noted with the exception of the intersections, the sidewalks would then not fulfill the vision of having a continuous feature along the stretch of Boynton Beach Boulevard as public art. He acknowledged there might be additional costs if there was damage that needed repair, but felt it was an important feature of the roadway. Mr. Simon asked what the Board needed to provide Kimley Horn and when to provide it in order to finalize the design. Mr. Hay explained it would be helpful if there was a consensus or a vote on the material and whether they want a continuous wave down the sidewalk or focus the waves on the intersections. Mr. Hay had envisioned the waves trail off the sidewalk away from the intersection a bit. It could trail 20 or 30 feet from the intersection and there would be gaps between the waves during the transition from a normal sidewalk to this pattern. Chair Grant agreed with Vice Chair Katz that people need to know where they are walking in the intersection, which is different from the bike lane. Chair Grant asked if Kimley Horn could design the entryway and when they would have FDOT's plan so the CRA could implement its design. Mr. Hay responded he was not sure they will have definitive plans until they are ready for construction. The CRA has a pattern that could be replicated and they can assist with it when the time comes. Chair Grant asked if the Board could plan for it in the current layout to avoid future changes. Mr. Hay explained now that they are at 50% and understanding the cost of the project and that FDOT would shift the centerline slightly to accommodate the turn lanes, they can begin and end a project in a zone and leave the last part for the future. The design is block to block and does not depend on the prior block to lead into the next. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 Vice Chair Katz wanted clarification, the project is east of Galaxy Elementary School, NW 4th to Federal Highway and it was more or less around 1-95. It was two blocks west of Seacrest and then two blocks to the highway. Vice Chair Katz asked if they could get a cost estimate for the remaining gap and Mr. Hay responded they could. Chair Grant asked if there was consensus for continuous sidewalks throughout; some gaps in between each wave or a certain amount of waves, or having gaps for the intersection. Board Member McCray wanted some gaps on the intersection. There were no other comments. Chair Grant requested Mr. Hay show some examples. There was consensus to use the same FPL lights that Seacrest has. There was consensus to use the poured in concrete material, not an aggregate and it was fine to have different blues in different places. Ms. Shutt announced she would return to the Board at 60 or 75% drawings and estimates for the portion of the project west of 2nd. G. Consideration of the Amendment to Kimley-Horn and Associates, Inc. for Professional Services for Sara Sims Park Design Board Member McCray noted a typo on the summary, 2nd paragraph. Ms. Shutt explained the Sara Sims Park Design was a budgeted project which the CRA contributed $600,000. The City used the Watman Group Inc, to complete the conceptual plan, and the CRA would take over from that point. Staff was recommending an amendment to the Kimley Horn Professional Services Contract as the City requested Kimley Horn create the design and develop the construction administration for the project. The CRA estimated the design would take four to six months, as would the construction. The scope of work was reviewed by the City Engineer and staff and the recommendation is to approve the contract for an amount not to exceed $116,600. There is a $10,000 contingency on the design services for a security system design. City staff recommended having the security component and having the infrastructure design finished so the work could be bid. The scope includes a collateral piece for public notice and engagement and a Board presentation if desired. Attorney Rossmell explained the item was drafted as an agreement under the umbrella agreement of the Kimley Horn continuing contract. The CRA would be working with the City as a partner. There are funds in the budget for design portion. There were no comments from the public. 19 From: Shutt,Thuy Sent:Tuesday,June 5, 2018 1:47 PM To: Simon, Michael <SimonM@bbfl.us> Cc: Dunmyer, Gary<DunmyerG@bbfl.us> Subject: FW: Boynton Beach quantities of materials and estimate FYI From: Haigh,Jonathan <ionathan.haih I<imley-horn.com> Sent:Tuesday,June 5, 2018 11:59 AM To: Shutt,Thuy<ShuttT@bbfl.us> Cc: Mufleh, Marwan< arwan. ufleh@I<imley-horn.com>; Richter,Tricia <Tricia.Richter@kimley- horn.com>; Bukovich, Sean <Sean.Bukovich@kimley-horn.com> Subject: Boynton Beach quantities of materials and estimate Thuy, Below are estimated quantities for the three 'extents' of waves WAVE =full wave, uninterrupted except by driveways GAPS=strategic gaps in the waves INTERSECTIONS =waves only at intersections Keep in mind that subtracting decorative treatments isn't a 100% 'delete'for budgeting purposes. We will replace the decorative treatment with grey concrete at$5/SF. COST ESTIMATES FOR COLORED CONCRETE BETWEEN 1-95 AND NW 3RD STREET ALONG BOYNTON BEACH BLVD: Concept 1—Wave: 1-95—NW 3rd St: +/-8,239 SF $15/sf: +/-$123,585 Concept 2—Gaps: 1-95—NW 3rd St: +/-6,805 SF $15/sf: +/-$102,075 Concept 3—Intersections: 1-95—NW 3rd St: +/-3, 000 SF $15/sf: +/-$45,000 � ) ,i p4 1 S ley t C 3 i >t, 4yl �sss�0 -02 o I OA r d C o Is ft]C r Via t et B I u 0& n �F 04[)rFd Conurete. . C,F.:t T reatme.r- . Co5T per �Tota I Tr i,M- 1 CoSt Wav e. 4, $15. 0 $510,00,11,0 Gaps; 26,000 r. $390,000M Jnter�iactlons: U00.0 $15.010 $i80,000.00= Jonathan Haigh, PLA, ASL imley- orn 11920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 Direct: 561 840 0233 1 Mobile: 561 951 06261��rvyw,kim1ey-horn.corn ea Ivo sNo sin3a om a,o/Wa o"' rOVIO NoiW30 ss-9yse#HT V4iO HOVAO NOINAOS �Nl S1d3ONOO 3AVM- aodo3dVd3ad = »o==n a� rv�aa� =c:v d«z D3Jro NVId 3ddOSa2JVH (]A-18 r_ UJOHO(AaIWINVHN oZg,Z,o HOd38 NOlNAO9 U �g �o NE3RD ',,. NE3RD ',, NE3RD STREET NE3RD STREET NE3RD STREET NE3RD STREET STREET STREET 1 O 4� � * +t e �p� co RJ '-I o a ( ' co co 1 o b b a o a + oc co NE2ND >g NE2ND >` NE2ND STREET S � s STREET a STREET .� A o � r j A ol t oI o � o E / o W W_ Lu NE 1ST N NE 1ST Z W NE ST > NE1ST #o STREET D_ NE1ST #o STREET Z NE1ST ct STREET Q STREET m Q STREET O STREET J m w m [>_ W,\ m V rw v �V� � U (1 2018 Local Initiatives (LI) Program Overview Wr Palm Beach Transportation Planning Agency The purpose of the Palm Beach Transportation Planning Agency's (TPA) Local Initiative (LI) Program is to help advance lower-cost, non-regionally significant transportation projects identified by our communities. Funding is available by Fiscal Year,starting July 15`of the previous calendar year. zm,4C#'#=sllrr "" i li• A;",�,l�o "tea 2023 FUNDING AVAILABILITY' Application Deadline: March 2, 2018 Total Available Funding: —$20M/year Grant Reimbursement Maximum: $5,000,000 Grant Reimbursement Minimum: $250,000 PROJECT ELIGIBILITY Eligible projects are as follows: Complete Street projects-including: Lane Narrowing Transit Infrastructure Turn Lanes Lane Elimination Intelligent Transportation Systems(ITS) Traffic Signals Bicycle Facilities Median Modifications Striping and Marking Pedestrian Facilities Signing and lighting Transit capital—Vehicle purchase and shelter construction. Can also pay up to 50%of a 3-year turn-key contract for new transit service (e.g.trolley service). Non-motorized infrastructure - Separated, buffered or designated bike lanes, sidewalks, shared-use paths, and pedestrian lighting. Freight efficiency-Airport or seaport off-site road capacity improvements, railway capacity improvements,truck movement improvements. ELIGIBLE PROJECT SPONSORS • Municipalities • Transit agencies • County • Tribal governments • State • Federal agencies 1 2018 Local Initiatives (LI) Program Overview Wr Palm Beach Transportation Planning Agency PROGRAM GUIDELINES • An applicant may submit a maximum of two (2) applications but only the highest ranking eligible project application will be included in the draft priority list. For the purpose of these guidelines, Palm Beach County may submit a maximum of six (6) applications total. If funding permits, a second round of projects may be added to the priority list. • An application must score a minimum of 25 out of 100 points in order to be eligible for Board approval on the Project Priority List. • Applications are limited to a minimum request of $250K and maximum funding amount of$51VI, inclusive of all project phases. • Applications must be submitted online via the TPA website. • Applications to be submitted, reviewed and processed pursuant to the schedule. • Applications must include all required documents listed in the Submittal Checklist. • Applications will be scored and ranked via the scoring system derived from the goals, objectives and values in the Directions 2040 LRTP and described more specifically in the Scoring Criteria table. • The TPA Board makes the final decision regarding inclusion of an application on the TPA Priority Projects List and may waive any of the above requirements. 2 2018 Local Initiatives (LI) Program Overview wr Palm Beach Transportation Planning Agency SCHEDULE' Date Activity and Deadline Program Kick-off. PBTPA approves program. Staff distributes the December 15, 2017 procedure and application process information to Palm Beach agencies and posts to website. Joint Applicant Workshop. FDOT and TPA staff to review application December 19, 2017 requirements, scoring criteria, and schedule and project implementation options. TPA and/or FDOT Staff Consultation. Applicants are encouraged to schedule an appointment to speak with TPA and FDOT representatives to December 19, 2017 discuss project specifics and clarify application requirements. thru February 23, 2018 Project Reviews by Applicant. Prior to application submittal, project applicants are encouraged to have qualified staff conduct field reviews to ensure that potential projects are "constructible" and require no right-of way acquisition. March 2, 2018 Applications Due to TPA. Completed applications to be submitted by project applicants via TPA website. TPA Application Screening. TPA staff will screen applications for March 3—March 16, 2018 completeness and then determine a pre-eligibility ranking for those projects that appear to be eligible and "constructible". TPA Submits Project List and Tentative Ranking to FDOT. TPAs submit March 19, 2018 applications and a summary list of candidate projects with tentative project rankings to the Program Management Office for project feasibility assessment and eligibility determination. March 29—April 13, 2018 Applicant Presentations TPA Staff. TPA staff will provide feedback and clarify project intent. Resolution of Support Due to TPA. Project sponsors must submit their May 1, 2018 resolution to commit to funding of operations and maintenance of the project. May 25, 2018 FDOT D4 returns Eligibility Determinations. TPA shares eligibility issues with applicants and creates draft priority ranking for eligible projects. May 29—July 2, 2018 Applicants to Resolve Outstanding Eligibility Issues. Draft Priority List to Committees. July 11-12, 2018 Committees will be given opportunity to review draft priority ranking and provide input for TPA Board consideration. July 19, 2018 Final Priority List to TPA Board. TPA Board approves final Priority Project List. Submit Project Priorities to FDOT. The TPA submits an adopted list of August 1,2018 finalized priority projects to the FDOT D4 Program Management Office and notifies sponsors of final priority rankings. 3 2018 Local Initiatives (LI) Program Overview Wr Palm Beach Transportation Planning Agency SCORING CRITERIA Highest Possible score is 100 LRTP LRTP Criteria Value Scoring ' Max Value Category *separated bicycle lanes-4 8 *buffered bike lanes- 4 8 8 Project improves non-motorized safety by providing: *10'+shared-use pathways-3 6 Safety, *designated bike lanes-2 4 1&6 Security& *new sidewalks- 1 2 2 Complete Project improves safety and/or convenience for non-motorized users_(i.e. provide safe Streets access to daily needs for non-drivers,including children,older adults,and individuals 5 5 with disabilities) Project improves performance of hurricane evacuation route 3 5 Project mitigates impacts of sea level rise 2 Project improves infrastructure in unacceptable condition with widespread advanced 10 signs of deterioration; potential imminent failure 2 Maintenance Project improves infrastructure in poor condition and mostly below standard, 10 approaching the end of its service life,exhibiting significant deterioration and of strong 7 risk of failure Non-capacity project implements TSM strategies 7 TSM&O Non-capacity project implements TDM strategies 3 / 3 TDM Capacity project improves congested Thoroughfare intersection(s) 5 10 Capacity project expands fiber optic traffic signal network 3 Capacity project expands CCTV camera coverage area on principal arterials 2 Local Implementation via Local Area Participation(LAP)Agreement or FTA Flex 5 Maximize TPA FDOT Implementation on State Highway System with Local Funding for design 3 4 Funds FDOT Implementation with Local Funding for design 1 5 Applicant cancels a previously prioritized and funded project within the past 12 months -5 Median Household income within 1 mile of project vs <60% 10 PBC median income($53,363) 60-<80% 7 10 80%-<100% 3 >80% 5 5 Equity Traditionally underserved population percentage >60-80% 4 within 1 mile of project(includes minority, limited 3 5 English speaking,disability,transit dependent, >40%-60% >20%-40% 2 seniors) 5-20% 1 7a Local Support Project is endorsed by members of benefit area (HOA, POA, petition,etc.) 5 7b Environmental Project will have positive environmental impacts (i.e. mitigation activity, pollution 5 10 prevention &abatement,stormwater management, etc.) Project improves capacity on congested SIS v/c>1.2 5 8 Regional facility/connector or non-SIS truck route v/c>1.1 3 5 Freight v/c>1 1 Project improves efficient movement of freight in region 5 5 Non- Project improves non-motorized facilities at an interchange, bridge,or railroad crossing 6 9 motorized Project improves non-motorized connectivity by providing a direct link to facilities on 10 Connectors PBC Thoroughfare Map within 2 miles of a transit hub 4 10 Efficient Project improves service at a transit hub 6 10 Transit Project reduces transit travel time 4 *Multiply length (up to 2 miles) by factor shown in value column 100 4 2018 Local Initiatives (LI) Program Overview Wr Palm Beach Transportation Planning Agency HOW TO APPLY 1. Attend the TPA Funding Programs Workshop—December 17, 2017 (Tentative) Learn about project eligibility, Local Agency Program Certification, and have your specific questions answered by FDOT and TPA Staff. 2. Gather the required documents Each project submittal requires an application, online form, and supporting documents. Missing or late documents may prohibit a project from being eligible. Ensure you have all the required documents on the Submittal Checklist, provided below. 3. Submit an application and online form The application process requires the submittal of the application document with associated attachments and an online form. The website provides a link for uploading your documents. http://www,PaImBeachTPA.org/li 4. Stay Updated Check for updates on Project Evaluation, Prioritization, and Award Approval. The Schedule provides important deadlines. SUBMITTAL CHECKLIST Pie{:ise%.f_`e thefollowing checklist to enst.lf e yot..i{:of e 1f2ch.iddin {ill{:doct.Is*a�Sents f egtfif ecl to e submitted with youf o ppl ict:f tion, `f ❑ Application ❑ Location Map (Aerial) ❑ Typical Section (Existing and Proposed) ❑ Right-of-Way Ownership Verification (Plats, deeds, prescriptions, certified surveys and/or easements) ❑ Resolution of support from the facility owner(s) clearly indicating that the project may be constructed as proposed and committing to fund ongoing operations and maintenance of the project—due within 60 days of application due date (May 1, 2018). Resolutions for projects to be administered by FDOT must also include language clearly stating the project "may be administered and constructed by FDOT on behalf of the (ROW owner)." ❑ Detailed Cost Estimate Spreadsheet (prepared and signed by a Professional Engineer from the Agency's Engineering Office) ❑ Photograph of project location before construction 5 PALM BEACH Transportation Planning Agency 2018 APPLICATION FORM Project Funding for Local Initiatives (LI) Construction Projects Project Title Boynton Beach Blvd Complete Streets Improvements Applicant Boynton Beach Community Redevelopment Agency WHAT DO YOU WANT TO BUILD? In no f`2"fore thein 3 sentences, pf"ddvfcle ci{ eB'2ef(..-d{dfe""cfiptio 2 of the pf ddject t:df'2t:df what it will t:dccddf`2"fpadfsh, The Boynton Beach Boulevard Complete Streets Improvements project consist of Complete Streets improvements along Boynton Beach Blvd, between 1-95 and US 1/Federal Highway,with enhanced connectivity to the intracoastal waterway and City Marina.The proposed improvements support the Palm Beach TPA, City of Boynton Beach,and Boynton Beach CRA's complete streets initiatives consisting of travel lane reductions,the expansion of the existing sidewalk on the south side of Boynton Beach Blvd to a 15'shared use path and to a 9'sidewalk on the south side,the addition of pedestrian lighting,and the installation of a mid-block pedestrian crossing.As a component of this project shared lane markings(sharrows)and signage will be added on both Boynton Beach Blvd and on Ocean Ave between 3rd Street and US 1. WHO OWNS THE RIGHT-OF-WAY? Check whether the cipplicci'at t:df'2t:df ddf` cincathef cigency owns the fight-of-wciy where the foaject will be btfilt, /i'e^oh.itio f of t..aLrL oft from fi-icility owner clionly inclic(.:dtinth(..it the Lrf'oject may be cddf`fstf'r.actec' (.:ds f opos'v"ecl is ci f'egtfif"ecl{.-itt oc1`fi*ffen ""vee t..d:'ii* itt(..-d checklist), ❑ Applicant ❑ Other Entities Florida Department of Transportation Requires resolution letter from owner allowing project to be built. FDOT owns the portion of the corridor between 1-95 and US-1 and the City of Boynton Beach owns the portion of the project corridor east of US-1 to the intracoastal and the City Marina. WHO IS DOING WHAT? ""heck the(..-ippliccil:'rle boxes, All pf oa je ts on state hi hw(..-iys mt.ist 1:'re cu-Irnif'afstef ed off'u.-1 constfl..Icted by FDOT For pf oa ject orf loccil f'oa dw(..-1ys `col..Int of city), the cipplic(..-i t may t.-u.-Ir2"f/B'2/^`v"tef the Lrfooj ct or cisk FDOT to tu-Ir2"f/B'2/ster the Lrfooj ct orf their Lrehcdf Loc(..-illy tu-Ir2"f/B'2/"`v"tefet:df Lrfooj cts f'egtfife (.:d Loc(..d�Agency Pfogfcim `LAP of eement to tu-Ir2"f/B'2ister}e d'en.11 Aid Lrfooj cts in(..-ic`ddf`t:dit:dB'2ce with }DOT's Local Agency Program Manual topic no. .'25 010300), Administered by: Funded by: Design (PE) ❑ Applicant ❑� Applicant ❑� FDOT El TPA Construction (CST) ❑ Applicant El Applicant ❑ FDOT ❑� TPA ❑ Other: ❑ FDOT Const Eng& Inspect(CEI) ❑ Applicant ❑� Applicant ❑� FDOT ❑� TPA www.PaImBeachTPA.org 1 APPLICANT CONTACT INFORMATION Contact Person Thuy Shutt Title Assistant Director Email ShuttT@bbfl.us Phone Number 561-600-9098 Address 710 N Federal Highway, Boynton Beach Blvd, Florida 33435 PROJECT LOCATION Road Name E. Boynton Beach Blvd Road Number SR 804 Project Limit Begin NW 3rd Street Project Limit End Intracoastal waterway/Mangrove Park QUALIFYING ACTIVITIES FOR FUNDING Check the box thcit fepfesents the mc:jority of the work the pfcaposet:a'pfgject will cu-h:a e , li(ji,)Ic� (..-icti iticc mi..ist e consistent with t:let(..-filo(.JescB`t:'reclt.mtlef 23 U.S.C. 133(b). ❑✓ Complete Street projects- Including Lane Narrowing, Lane Elimination, Bicycle Facilities, Pedestrian Facilities,Transit Infrastructure, Intelligent Transportation Systems (ITS), Median Modifications, Signing and lighting,Turn Lanes,Traffic Signals, Striping and Marking. Transit capital -purchases of vehicles, shelters, park-and-ride facilities. Can also pay up to 50%of a 3- year turn-key contract for new transit service (e.g.trolley service) Non-motorized infrastructure-Separated, Buffered and/or designated bike lanes, Sidewalks, Shared-use paths, Street lighting Freight efficiency-Airport or seaport off-site capacity improvements, Railway capacity improvements, Truck movement improvements. ❑ Other eligible activities not specified above www.PaImBeachTPA.org 2 PROJECT TYPICAL SECTION INFORMATION section if'ifoff`2"ft:ftfofi pf ovit:les cnI 1..1t'2t:dfef stclf uJif ig of the spcicif ig f egt..Iif emef it cli;��;��ef ef2ce""v"between the existing fi:lcilitie""v" EXISTING PROPOSED RIGHT-OF-WAY WIDTH 80 80 Project must fit within current ROW, no acquisition allowed PEDESTRIAN OR MULTIUSE FACILITIES Length (miles)for one direction. Do not count both sides of roadway. 1.0 1.0 Width on North or West side (feet)* 4 9 Width on South or East side (feet)* 4 15 BICYCLE FACILITIES Bike Lane Length (feet)for one direction. Do not count both sides of roadway. 1.0 1 Width on North or West side (feet)* (not Including Buffer Width) E3 0 Buffer Width on North or West side (feet)* 0 0 Width on South or East side (feet)* (not Including Buffer Width) 3 0 Buffer Width on South or East side (feet)* E0 0 Proposed improvements requires: Pavement widening Sharrows ;/ Restriping M MOTORIZED VEHICLE FACILITIES Number of Through Travel Lanes 4 4 Typical Through Lane Width (feet) 11 10 Total Width* (No.Travel Lanes x Lane Width) 44 42 Posted Speed Limit 35 35 Design Speed (if known) MEDIAN SWALE CURB Median/Center Turning Lane Width (feet)* Swale Width (feet)* 9 2 Curb Width (feet)* F 2 2 *TOTAL WIDTH OF ALL COMPONENTS (Add all rows with red for total width)Must 80 80 fit within existing right-of-way. RIGHT-OF-WAY OWNERSHIP DOCUMENTATION Describe the project's existing right-of-way ownerships. This description shall identify when the right-of-way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements). If right-of-way is an easement, please describe the easement language. Right-of-way ownership verification documents are a required attachment(see submittal checklist on page 9). FDOT owns the right-of-way between 1-95 and US-1 and the City owns the right-of way east of US-1 to the intracoastal and the City Marina. ROW documentation attached. www.PaImBeachTPA.org 3 PROJECT SCOPE OF WORK Describe how the proposed improvements, will affect thefollowing, ADA items(crosswalks, sidewalks, ramps, etc.) The pedestrian crossings and ramps along the corridor at intersections and cross street connections will be constructed to meet the latest ADA design standards. Access Management revisions (median modifications, impacts to driveways, etc.) No new medians are proposed for this project. Minimal modifications to the existing medians will take place. Proposed median modifications will reduce the width of the median by 1-2 feet to provide additional room within the right-of-way for pedestrian improvements. Pedestrian and/or Roadway Lighting Pedestrian lighting will be added to both sides of the road within the pedestrian zones. Landscape(with Local Funds) Landscaping enhancements include the addition of trees and shrubbery added along the corridor in both the median as well as incorporated into the widened pedestrian sidewalk. Cost of landscaping is not included in the cost estimates. Signalization A signalized pedestrian mid-block crossing is proposed at the intersection of NW 2nd Street and Boynton Beach Blvd. Transit Improvements N/A. Changes to transit amenities are not associated with this project. The widening of the sidewalk will improve accessibility to existing transit facilities. School Zone Modifications Galaxy Elementary School is at the NE quadrant of 1-95 and Boynton Beach Blvd — the proposed improvements to the pedestrian, bike, and vehicular facilities can provide a safer route to the school. Utility Modifications N/A. Existing and future utility infrastructure will be improved along the corridor by undergrounding but will be funded through other resources. Drainage and/or other Permits Drainage modifications are associated with the proposed improvements due to the expansion of the existing sidewalk. Specific permitting associated with drainage will be obtained. www.PaImBeachTPA.org 4 Railroad Crossing Modifications N/A. No railroad crossing modifications are associated with this project. The existing railroad crossing within the project corridor will not be changed. Bridge Modifications N/A. No bridges are located within the project corridor. Additional Information Other Scope Items Items noted above as additional corridor improvements not included within this grant application are being funded through other resources or through implementation of separate recommended projects. Summarize any special characteristics of the project. Due to the widening of the Boynton Beach Boulevard over the years,vehicular use has been emphasized over pedestrian or bike use. Under the current configuration of the roadway,there is insufficient right-of-way for landscaping,wider sidewalks,bike lanes,bus shelters and street furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. Through the implementation of the lane reduction existing right-of-way will be reallocated to prioritize pedestrian and bike uses.The reallocation of existing right-of-way will also provide opportunity for new landscaping and lighting to be added.The City plans to underground overhead utilities through a separate project.The E Boynton Beach Boulevard corridor proposed for improvements within this application was identified within the Palm Beach TPA's Pedestrian and Bicycle Safety Study as 3rd out of 10 identified bicycle and pedestrian crash hot spots.Reduction of the travel lanes was a recommendation made within the plan.With the reduction other safety measures such wider pedestrian sidewalks(9'and 15')can be achieved. Identify any upcoming projects or projects currently underway adjacent to the proposed project. FDOT is in the design phase of the 1-95 Boynton Beach Interchange project that ends to the west of where the proposed improvements for this grant begin. Coordination with FDOT regarding construction dates and design are being made. Additional information associated with the FDOT project are attached.There are other locally planned bicycle and pedestrian projects that connect to the Boynton Beach Boulevard corridor identified and are shown with the attached project map series. Other specific project information that should be considered. Proposed Complete Streets improvements for the corridor are recommendations in the Palm Beach TPA Pedestrian and Bicycle Safety Study,City of Boynton Beach Greenways, Blueways and Trails Master Plan,and Boynton Beach Boulevard District Vision Plan(CRA).Sections from these reports recommending construction of the proposed improvements along with public support are attached and uploaded with the typical section.New development projects have recently been approved along this corridor at an urban scale which would benefit from these improvements(map included with map series). The complete street implementation will facilitate and enhance mobility in Downtown Boynton Beach to these developments. www.PaImBeachTPA.org 5 PUBLIC INVOLVEMENT AND SUPPORT De^'cr`i e thet.d:'lic ot.itfi .-ic`f (.-m if t..i fpw'fcw theB"dlject f.e. petitions, wf1tten en lof"'v"emen s, fe_'v"oh.itio 2, etc,), The preliminary design and concept plans for this project were presented to the public to provide an opportunity to review and comment on the proposed complete streets improvements. The dates of the three(3)the public meetings for this project are: March 28, 2017; April 6, 2017; April 11, 2017, October 10, 2017, January 18, 2018. Copies of the public notice advertisements are attached. Additional public outreach and support for the improvements along this corridor was also gathered through the development of the TPA's Pedestrian and Bicycle Safety Plan and City of Boynton Beach Greenways, Blueways, and Trails Master Plan. Materials from these meetings are attached with typical section. Pf'qjects impcicting jingle fi.-i it f lots will fegtfif toct..amentcition of pt.iblic t..appoft, l ch-l€tiofu.dad t:doct..dtffef'2tt:ftlon mt.ds'v"t lf'2t:dficcit th(..ft till pf"op f ty dlttss'f'2eP`""v"(Jif ectly ciffe.cte df by the irn f ovement ttss'ef"e f'2d bili'.-f, tht:ft cit sdecis'v"t 5 percent of the pf opef ty tat dnefs showed t..apportfc the pf.oject., t ncl th(..dt no mofe tht:m 10 pef.cent of the pfopeft PROJECT MAINTENANCE t:dncl commitment to t.and opef't:dtions t:fnt:d'mt:difitef'at:dfice of the pfgject is t:d fegt.a fe(..-I catcichment, See t..a:'rmittcd checklist Resolution of Support from the City and FDOT are attached. www.PaImBeachTPA.org 6 COST ESTIMATE The total construction amount of Local Initiatives Program funds requested per projects (infrastructure) must be in excess of$250,000 with a maximum project amount of$5,000,000. Local Initiatives Program funds will be used to fund Construction, Construction Engineering and Inspection Activities (CEI) and FDOT in-house support activities.The applicant may also request that Local Initiative Program funds be used for project Design, Environmental Services, and Post Design Services. Local Funds (LF)will be used for all non-participating items, contingency activities, and any costs in excess of the awarded funding (LI) allocation. (a) Provide detailed project cost estimate using one of the following forms. Estimate shall be broken down to eligible and non-eligible project costs. Estimates are to be prepared and signed by a Professional Engineer from the Local Agency° Engineering office. a. On-System (on State Highway System) Cost Estimate Sheet b. Off-System (not on State Highway System) Cost Estimate Sheet Use the following links to access the basis of estimates manual as well as historical information for the project area. Basis of Estimates Manual Historical Cost Information www.PaImBeachTPA.org 7 CERTIFICATION OF PROJECT SPONSOR I hereby certify that the proposed project herein described is supported by (municipal,county,state or federal agency, or tribal council)and that said entity will: aope."'V Cie^ 1) provide any funding required in addition to the grant amount; 2) enter into a LAP and maintenance agreement with the Florida Department of Transportation; 3) have complied with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions intended for this project previously performed within the project limits; 4) will comply with NEPA process prior to construction,which may involve coordination with the State Historic and Preservation Office (SHPO);and 5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs included herein are reasonable,and that increases in these costs could cause significant increase to the local agency required participation. I understand failure to follow through on the project once programmed in the Florida Department of Transportation's Work Program is not allowed. Signature Name(pleose type or print) Assistant Director Title -- Date Date FOR FDOT USE ONLY q, q .............................. www,PaimBeachTPA.org 8 cr \ \ ) \ eu w \ e kz 2% & \ �\ rL \\ \ / \ ƒ w w y § / ^ C� 7 \ C)\ C\ \ \ g « . e « z e Gz } %% c / / _ / t ® / ® « 7 ~ « a ^ \ / /% \ ® � w % f } \ \ \ - a \ \ \ % \ c % ƒ ~ 2 \ § \ % \ a ® / 2 \t / = x m % / 3 ~ U . y m \ / / m = O � \LLJ Q & \ � / b \ a \ CL - ° E)- Q ~ \ ® \ FN / m T » ® / 2 U ( \ mm j \ { j \ / \ LL-\ § / ° � / \ \ C) \ \ \9 � \ / } Q V Lu \ « ° p % xG U-1 \ \ ~ \ \ e / p a c cc za m \ 2u « \ \ k CL LU \ % m_ U— \ « c f = Q- = p / % \ v < \ ° O A \ C \ U- ® \ e - \ � \ \ ± §\ C) 64 _ c % K/ \ p {} \ - u\ % -i z \ \ _ ^ \\ \ LL ye LL - \ pj 2 z \ \ \\ \ \ / ° \ — — \\/ G / d ) \ \\\ \ c «c« 3 \ °6 \ j2j % 2 c yyu ° z / a « ®z 7 \ \ \ \ Ci)2\ \ z m / \ \ \ z //\ \\ 2C) \\ ,c \ sKy e a / ENGINEERS COST ESTIMATE (Must be Used for Projects Administered by FDOT) Project Description: Boynton Beach Boulevard from SW 3rd Street to US-1(Federal Highway) P-I'l,t[mg N.,p-ld,t[mg(Local ands) Pay ItemEtglneer's Unit Englneei's Total Number* Payltem ....Ftlon* Q_RHY Unit Cort Englneer's3ubtotal Cost Quantlry Unit Unit Cort Englneer's Subtotal Cst CH-ItyTotal Engineer's Cst ::.Roadway 101-1 MOBILIZATION 1 LS $ 134,135.00 $ 134,135.00 $ 1 $ 134,135.00 101-2 MAI NTENANCE OF TRAFFI C 1 LS $ 181,000.00 $ 181,000.00 $ 1 $ 181,000.00 110-0-10 REMOVAL OF ENSUING CONCRETE $ 5100 SY $ 17.82 $ 90,882.00 5100 $ 90,882.00 1604 TYPE B SFABILIZATI ON 150 SY $ 5.21 $ 781.50 $ 150 $ 781.50 28SJ09 OPTIONAL BASE,BASE GROUP 9 150 SY $ 14.01 $ 2,101.50 $ 150 $ 2,1- 327 70 1 ,101.50327-70-1 MILLING EXI SF ASPHALT PAVEMENT,I"AVG DEPTH 20300 SY $ 2.39 $ 48,517.00 $ 20300 $ 48,517.00 3341-13 SUPERPAVE ASPHALTI C CONC,TRAFFIC C 17 TN $ 133.52 $ 2,269.84 $ 17 $ 2,269.84 337-J-83 ASPHALT CONCRETE FRICTI ON COURSE,TRAFFIC C,FC 12.5,PG 76-22 1100 TIN $ 81.16 $ 89,276.00 $ 1100 $ 89,276.00 425-1-201 INLETS,011 TYPE 9,110' 1 EA $ 6,452.79 $ 6,452.79 $ 1 $ 6,452.79 425-1-351 INLETS,011 TYPE P-5,110' 1 EA $ 5,11238 $ 5,112.38 $ 1 $ 5,11238 425-1-355 INLETS,011 TYPE P-S,PARTIAL 3 EA $ 5,233.96 $ 15,701.88 $ 3 $ 15,701.88 425-1-361 INLETS,011 TYPE P-6,110' 3 EA $ 5,384.76 $ 16,154.28 $ 3 $ 16,154.28 425-1-365 INLETS,011 TYPE P-6,PARTIAL 4 EA $ 4,756.36 $ 19,025.44 $ 4 $ 19,025.44 425-1451 INLETS,CURB,TYPE J-5,110' S EA $ 7,109.48 $ 35,547.40 $ 5 $ 35,547.40 425-1461 INLETS,CURB,TYPE J 6,110' 1 EA $ 7,454.12 $ 7,454.12 $ 1 $ 7,45- 425 2 4B ,454.12425-2-43 MANHOLES,P-7,PARTIAL 4 EA $ 3,655.65 $ 14,622.60 $ 4 $ 14,622.60 425-5 MANHOLE,ADJUST 5 EA $ 353.36 $ 1,766.80 5 $ 1,766.80 - VALVE BOXES,ADJUST 30 EA $ 299.42 $ 8,982.60 30 $ 8,98260 430.174115 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,15"SJ 60 LF $ 63.53 $ 3,811.80 $ 60 $ 3,811.80 430.174118 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,18"SD 20 LF $ 67.35 $ 1,347.00 $ 20 $ 1,347.00 430.174124 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,24"SD 8 LF $ 87.98 $ 703.84 $ 8 $ 703.84 430.174154 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,54"SD 16 LF $ 190.68 $ 3,050.88 $ 16 $ 3,050.88 430174178 IPIPE CULVERT,OPTIONAL MATERIAL,ROUND,78"SD 32 LF $ 879.67 $ 28,149.44 $ 32 $ 28,149.44 520-1-10 CONCRETE CURB AND GUTTER,TVPEF 8090 LF $ 18.98 $ 153,548.20 $ 8090 $ 153,548.20 522-1 CONCRETE S DEWALKSAND DRIVEWAYS,4"THICK 3210 SY $ 37.86 $ 121,530.60 2690 SY $ 37.86 $ 101,843.40 5900 $ 223,374.00 522-2 CONCRETE SDEWALKSAND DRIVE WAVS,6"THICK 605 SY $ 50.21 $ 30,377.05 850 SY $ 50.21 $ 42,678.50 1455 $ 73,055.55 SgUng and Pavement Mark,g 700-1-11 SINGLE POST SIGN,F&I GROUND MOUNT,UPT012 SF 25 AS $ 355.09 $ 8,877.25 $ 25 $ 8,877.25 Jl1-11-123 THERMOPLASTIC,STANDARD,WHITE,SOLID,12" 525 LF $ 1.56 $ 819.00 $ 525 $ 819.00 Jl1-11-125 THERMOPLASTIC,STANDARD,WHITE,SOLID,24 130 LF $ 3.28 $ 426.40 $ 130 $ 426.40 711-11-160 THERMOPLASTIC,STNADARD,WHITE,MESSAGE OR SYMBOL 51 EA $ 140.38 $ 7,159.38 $ 51 $ 7,159.38 711-16-101 THERMOPLASTIC,STANDARD OTHER SURFACES,WHITE,SOLID,6" 0.86 GM $ 122237 $ 3,631.24 $ 0.86 $ 3,631.24 711-16-131 THERMOPLASTIC,STANDARD OTHER SURFACES,WHITE,SKIP,6",10-30 SKIP 1.7 GM $ 1,330.01 $ 2,261.02 $ 1.7 $ 2,261.02 711-16-201 THERMOPLASTIC,STANDARD OTHER SURFACES,YELLOW,SOLID,6" 0.86 GM $ 4,22237 $ 3,631.24 $ 0.86 $ 3,631.24 Hardscape 5212ALTERNATE DECORATIVE'WAVE"PATTERN,NONVEHICULAR AREAS $ - 16250 SF $ 18.00 $ 292,500.00 16250 $ 292,500.00 523-1 ALTERNATE DECORATIVE CROSSWALKS,VEHICULAR AREAS 3700 SF $ 17.00 $ 62,900.00 $ 3700 $ 62,900.00 751-3J TRASH CAN 5 EA $ 2,000.00 $ 10,000.00 $ 5 $ 10,000.00 751-38-11 SENOd ES 5 EA $ 2,500.00 $ 12,500.00 1 $ 5 1$ 12,500.00 Fundsf Cn--n $ 1,032,876.06 Local Funds forC U-I.n $ 538,653.30 Subtotal 1$ 1,571,529.36 DESGN(FDOT IN H OUSE/CONSULTANT) 1 LS12% $ 123,945.13 ENVIRONMENTAL SERVICES 1 L 7% $ ]2,301.32 CONSTRUCTION ENGINEERING&INSPECTION ACTIVITIES(CEI) 1 LS 17% 1$ 175,588.93 POST DESIGN SERVICES 1 L 8% 1$ 9,915.61 CONTINGENCY Cn[ngenry's nota FHWAP-I,I,tngltem 1 A FDOT Inliouse Support court be nduded asan FHWA $ P-I p-gItem 5 1,919,627.06 $ 538,65330 $ 1,953,28036 PLGk'...V0T8, 1 SYV�'F, ,F ., CC C,% F C,>..,F% E-R Subtotal FHWA Subtotal FHWA Non- Total Con4ruclion tort �JJ .iL X CSL'.' ,, I Perumpeling Partdpaling Ertimale ` ,�..i` a - w �... i L"C", X, r .. ,LITN .-F 01.I'll S s 0NLyA GtliilE. Ertimale Prepared by:V-H.Mufleh,P.E. Date:31-18 DESIGN,ENVIRONMENTAL,CEI,AND POST DESIGN SERVICES FEE GUIDELINES: PE Num ber:45329 DESIGN: C---n Crt Desl-F e $0.$15000022% f Cnstru Coon Es- $,50,000 SOmate $150,000-$300,000 19%of Cnstru Non Estlmate $300,000-$800,000 16%of Cnstru Non Estlmate Over$800,000 12%of Cnstru Non Estlmate ENVIRONMENTAL Cnstructlon Crt EnNronmental Fee NOTE:Environmental fees Conslder,butare-III,lled F.,standard Ctegorlcal Exduslon(Type l or PCE),CRAS Report,Sectlon 4f, 1$500,000 15%of Cnst on Estlmate Wetland Survey,Endangered Spedes Reloc-,Cntaminatlon,Mftgatlon,etc AddIt._fees wlllberequlredfor:LaneEllm-l- $500,000-$l mllllon 1006 of Cnstru Non Est-te Analyslsand Documentatlon;TaIt,Data Cllectlon;-fI,Pr JeCtlonsand Analysis,PubIICln.I-ent.Please-b-CFrlstne O-$1 mllllon SEE f Cnstructlon ESOmate Faslskaat FDOT DISMR4(9547774480)m Coordlnate the-t for these Hem CEI: Cnstru Non Crt CEI Fee 1$500,000 30%of Cnstru Non Estlmate $500,000-$l mllllon 20%of ConstruNon Estlmate $1.0-$3.5 mllllon 17%of Cnstructlon Es- POST DESIGN: Cnst---Cst Post Desi nFee All Projects 8%of DESIGN Es-te All projectswlll utlf,eFDOT pay Items numbers,dearlptlons and a nF,I,es;FDOT design and must Non spedflcatlons and standards. Statewide unit prices can be found at the followltg IInk: h[4r://wsniw.docstate.H.us/pro¢a mmana¢emenVEstlmates/H Irtorlal Castl nformatlon/Hlsmrlcal CSCshtrn Non-a **All maintenance-Mlles. **JtIIPwork-thislndudes,but is notllmlted m:valve/manholeadjustrnents,uRIP,relocatlons,FPL power pole rel-d-,AT&T dlrectlonal bore,etc.. Other elements may be non p-ld,tIng-this-Ill be determined on a project{by-projeCtbasls;listed above are commonly used nonpaNdp-g pay Items. °, , 44 + � + LU Z',t K}trl?F W gY, G I RA �j rr • i W ,_Jk • Ali or �" h A�MH�l�d21343�11 s "m*W + w apit iiih is y AAA ;r �� Awp>r& • ,.,,,5 s}}illi{; + - 1S I� a Io.�wit'' „ r. " ri ¢, - �r l �, 3 �y� rtr} x�I+��}�� t+� >z � '• �"�i"s��j+f 5 ( Y1 aA�BlS3b7�d3S g 10 IA ,c hOL •- �" r w �, VI •• * x e U ".,o 411 r n. uj all a ^ rr li it 4 w4; 2 •• * n, � � � m 'fit is x t`�� 7s� � x�h� w�} }a a+��" �Y� � ,. P o r........... Z W W S � CL W "� a W � u W W o i ie w. 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A- �•� W Zo Lo Z r o ,&� F r w��:� � �•,t gT Z��i an m n LL� a {{ t k t7f3 } m u` O O r cc . .. i N r-Im >. 01 m rn 0 Ln0O 0 0 0 O O Ln m , _ N N O N N O O q�t � 0 O QO i O O O O O c,rj I� Co N N Ln oo m r-I N r-I Ln f`, fV N Ln 0) r*-4 A n m 0 0 0 cv cv • 00 ■ul z L) +' r- 0 ._ .�xx L L 0 ui ._ 0 •— 0 r + L, j+ t� c +2 CL U l} + t' t Ug � � t + O i S O Q O O CD J z� zm Z z 0 mm i r� F CL V LLI QV I z LL U sir G m 2 U ,. z CO OO O Z s` } Y m �s 716 N Federal Highway Boynton Beach, FL 33+ 35 BOYNTOI N, Ph: 561-737-3256 Fax. 561-737-3256 BE A C,HI. RA www,catchboynton.com Boynton Beach Boulevard Looking .fast (Existing) f t h F , t ! n 7 hs s i t t r Ifs 1Sss i a){!s1\��S�1Sii}ttjt s y t �., -� 4 �'}(��s sf s 1\ll•�,s.. s i s l ;4s��sS ti ssS tis +s 4 J s}t JJi?!{��1z�slkf��y��y�(z{r �s rts� ls`�}j�°}1; -� {is i it 1 s1 z s71;S1 tl ss f;s, 4az ' i„ tt ' 1' r: l\1$1\1 r}i}111 r;t+as t t i,l, it s�i��3tn sl sStSS#t'y. +Y tsts�al kfr�tliittt£i ssr\s il4t�11t9 s) �� d '4 (l+ S` t<s 1j 7Fs ,{1,tt{`est vll`,.� s Boynton Beach Baulevased) ��ltk t b +i "F s nil; 4}l ti''�ti\l0,\1101 j Boynton Beac iff Boulevard District IntroductionPlanning Challengesz y;S4 �l`tts Planning Considerations The Vision z. Recommendations ,' 55 Vision The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they'll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. Recommendations. Strentrrane Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program Minimum 8' wide active use area abutting the �? for Boynton Beach Boulevard including the building addition of: Decorative light poles at both the vehicular and On-street parking pedestrian scales Bike lanes Enhanced street furniture, bus shelters, bike Enhanced median with mature tree canopy racks and receptacles (at time ofplanting) and landscape lighting g Active uses along the first floor of development Marking of major intersections with Create a greenway along the north side of NW 1 st materials such as pavers, paint, etc. Avenue per the Connectivity Plan Narrowing of travel lanes to create space Create way finding signage to mark the entry into for landscaping and wider sidewalks and the City and brand the district RUN to make the street safer for bicyclists and pedestrians. Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of-ways that is inviting, safe and includes: needed • Addition of canopy street trees Underground overhead utilities • Minimum 8' wide clear sidewalk 711 t kd i t+, d Itis i>ti, f TM, gl t 2 i (p i r l tt Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area 60 Boynton Beach Boulevard Design: West of Seacrest Boulevard _...v. - .............. �EJI�. INMN { i t M F J t 7 F t�, t't - Ott? 1171—J� '01 101 I�r� �G icy �fe Gt � �eaci��`Ivd-��an f'romT= S fo�r=est°`Mvd. TL 7L TL w F t� Figure 17: Boynton Beach Blvd. Section from 1-95 to Seacrest Blvd. Boynton Beach Boulevard Design: East of Seacrest Boulevard j ( t � 1 I r � VM P� s x L I 7 ,_.e _��x�.-_ f0— .�. ....W ._ IQ, - j �-�If �,. 1011---14 �� T,� .��I°a��iv L�.� ` \I+U Figure 18: Boynton Beach Blvd. Plan from Seacrest Blvd. to Federal Hwy. i F 4 ` i aFk°er �' .... l �'._ 4a� 7,c" ,°- U % Eo- 0 — Mr — X0.101 � � 19 IT lad .. aa:z TO ��I `�� 12 X , Figure 19: Boynton Beach Blvd. Section from Seacrest Blvd.to Federal Hwy. 3 Ittdr-lrs irr �:t( Z}t lrgi ,i>�,t4�, ��}it t£rr 11 a s f2 tr t- rrr ii�!ri�i r.wSrA�arti w rrr ror {s r r rrtstrr}t£}r pit ys'lr+ `�i{/'�. art rN:rt��rs( i\Esdt}� �t7 4� j PL okhchPalm Beach IOU w ? 3 Pedestrian and i l rl �rrr y 14rt i)it-1'�Il� �, .. t . Bicycle rr rr� r{(i rrtt ri rtr 12 l � t .� r rrU7 rrt htt z: 1 7 £i r iirr y i _! tr t£ r i r rtr Ritt 1 t/r i r r r > i, ti4rt_ sr � y�f4�s�01", llb 1 t', N t' }{� rrf nLS�llf t„{ 4{�i Ali �u, �,A/t; fs7{'�'��i' `"�'f-.'�1�U«tfiS'RSSSRRRR��$SRRRRRRfPS;,�Sit�S�SSRRRRfiSS3i& �qY l ��}/£ ✓� ��i 7l� r 4r - rt{t£ ??rY �£ t(y}1l �� ( t� tr r{tgrit ii ,rl� n�t (sl,lr <, s� \t ' t Ott �t�l ! t t,�(rl rr (�� £:rrii i{r r}r c �t{r rrsJi rtt rrl fUr� l tit) � f f (S}t trr l rir Irr� >> t�A I�irl t �dF t t rt rtr£a 1 illitr trtrrr irs Jt7ltir` tzt � stt '. ................. 9 rlr �trtg rw`q 811 �( tc l til z t, 1 r {�rtJ f r4�rS,rgr rr7 if rt it Jr r�� rJrr r str£ JIM U �'t4t} r iid3 i �t � � tf �` f�� t it}r s�j'rrjrrOlrtr rr } r ' t �It� k>r t �t t � Il r � rS }r S Stsr {y f t r ir1S1 s ttr fr 1it rrr rtir 1 4 6 �i 7c rr trr rr i.}t�< r t "ri4trl rtrL ( r r itf' � Ir rt tflr tl��Y �. �ti S r t�ls .i rlr 4i 1r )irr, t t rrti ry lty rl rl 1 ;i Sr t t r i h tr 4•-�' Y: l! 3t)�14s� i'��71 ' I`ii �� 4a 1 l t� i rrsr irl: r ! s� iiyit rt > t t r rr1{rs :AIR" 47"7�101111 1 rtlt srrr ltrr yr i ti � rrt £ r»rrrt ftlr t r rS �:15;;. `4 ow �!3�„ t ._{t ��SR r.. _{ �.t1 l3 � tti-tl 15\!1'.i S <�l 'rcr £ ,.„y tf.:..s sat },1..{,i v7. �,y,.�t Sl? ) -. At vy, .t.,1 ..t1., ��r,>�1sr1, SS4,,1�„tl��l S,: ,,,1,5`elt�.S,vi$�SS�.,�.�'y�1�,>f)tl{ta�24tlt��,1101��',�i`+u \.;�t�., 4� r! .1t.. Jfr�S��s�lrss»,yr.,,.l�ifila}la�.,�?r. I1t 51,1 Palm Beadi Pedestrian and BicycleSafety Palm Beach Metropolitan Planning Organization presents Pedestrian and Bicycle Safety Study Prepared by: The preparation of this report has been financed in Kimley-Horn and Associates, Inc. part by the U.S. Department of Transportation (USDOT), through the Federal Highway Administration (FHWA) and/or the Federal Transit Administration (FTA), the State Planning and Research Program (Section 505 of Title 23, U.S. Code)and Palm Beach County, Florida. Kimley))) Horn The contents of this report do not necessarily ©Kimley-Horn and Associates, Inc. February 2017 reflect the official views or policy of the U.S. 040416004 Department of Transportation. f vr,;, A ""tit, ., s�",,,5 1iyv1,,n..':r6 +lvI ,vs,, liftvn_.RIN»{J ,a, ,.2,a�1�"1A3)+,�sl,,t,�, 111111"W11111 111 I'll d11 t „tva`.l,�till,"",�,", �!3�„ t ._{t ��,R r.. _{ �.ii l3 � rti-�l 15\!1'.i S <�l £ ,.„y tf.:..s s3, },1..{,i v7. �,y,.�t Sl? ) -. A�vy, .t.,1 ��r,>�1sr1, ,54,,1i„��1 S,: ,,,I,S`•.<it�.v,vi$�SS�.,�.�'y�1�,>f)!1{ta�i4tlt��I,ltoi��',�i`+u \.;�t�., 1_) r a !. Palm Beadi MPO � NPedestrianBicycle Executive Summary Pedestrian and bicyclist crashes and the resulting deaths and injuries are a serious problem on our nation's roadways, and Palm Beach County is no exception. Over 25% of all traffic related fatalities in Florida and Palm Beach County involved a motor vehicle hitting a pedestrian or pedalcyclist('). , , , ' , .J,f .,i ` .�s�r. .��'.. -5 t! ,i „I� �� ■f' d$L,rill- rt�E �CGil i w Source: National Highway Traffic Safety Administration(NHTSA) The Palm Beach MPO conducted the Pedestrian and Bicycle Safety Study to formally analyze five years of pedestrian and bicyclist crash data in Palm Beach County and develop evidence- based recommendations for safety countermeasures, educational strategies, and performance targets. Crash data from 2010 to 2014 were obtained and analyzed from the Florida Department of Transportation's (FDOT) Unified Basemap Repository (UBR). A total of 1,743 traffic collisions with pedestrians and 1,534 traffic collisions with bicyclists were recorded from the timeframe studied. Hospital data from the Florida Department of Health's (FDOH) Florida Injury Surveillance Data System provided unique insights into injuries that are not recorded in the traffic collision data, particularly juvenile bicyclist crashes. Pedestrian and Bicyclist Crashes 400 350 300 250 200 150 100 5® 0 2010 2011 2012 2013 2014 Year --e—Pedestrian --o—Bicyclist Source:2010-2014 FDOT UBR Data (1)Pedalcyclist and bicyclist are generally interchangeable terms for this purpose, a person on a vehicle powered solely by pedals. <�l 'rcr ..t1., \.;�t�., 4� 1_) r a !. I1t 51,1 Palm Beadi MPO � NPedestrianBicycle Crash density and hot spot analysis maps were prepared based on the FDOT UBR data. Ten clusters of hot spots and 10 high crash corridors were identified. The following tables show recommended countermeasures based on the crash data. Additional studies including pedestrian road safety audits may be needed to further the implementation strategy. Quantifiable safety targets and performance measures are valuable because tracking progress will determine if the initiatives are meeting the targets. The Palm Beach MPO will monitor the Bicycle and Pedestrian Safety Performance Measures and Targets with the ultimate goal of zero incidents and will work with partner agencies to achieve the Safety Initiatives. Top 10 Hot Spot Potential Countermeasures Map Potential ID Location Countermeasures ' ROW Ownership S1 Palmetto Park Road at Federal Highway Median Crossings City of Boca Raton FDOT S2 Atlantic Avenue at NE 5 Avenue/Old Dixie Highway Bus Stop Treatments City of Delray Beach FDOT 00101010 nommmAgavAgawAsommomm S3 Boynton Beach Boulevard at Seacrest Boulevard Lane Eliminations/Narrowing County FDOT S4 Lake Worth Road at Congress Avenue Crossing Islands County FDOT Bus Stop Treatments Village of Palm Springs S5 Lake Worth Road at Davis Road County Speed Monitoring Devices FDOT S6 Lake Worth Road at Jog Road Bus Stop Treatments County FDOT S7 Military Trail at Forest Hill Boulevard Leading Pedestrian Interval FDOT Bus Stop Treatments S8 Dr Martin Luther King Jr Boulevard at SW 5 Street Raised Pedestrian CrossingsCity of Belle Glade Lane Eliminations/Narrowing Pedestrian Hybrid Beacons Accessible Pedestrian Signals S9 Okeechobee Boulevard at Military Trail Leading Pedestrian Interval FDOT Lighting and Illumination Accessible Pedestrian Signals S10 45 Street at Australian Avenue County Flashing Yellow Arrow Clicking on the Map ID's,will bring you to the respective maps in Appendix D-Individual Spots/Corridors. <�l 'rcr ..t1., \.;�t�., 4� 1_) r a !. I1t St,1 'aIiii Bea "i MPO � NPedestrianBicycle Top 10 High Crash Corridor Potential Countermeasures Map 1D Location Potential Countermeasures ROW Ownership C1 Federal Highway from Camino Real to Glades Road Exclusive Pedestrian Phasing FDOT Speed Monitoring Devices Advanced Stop Lines/Bike Boxes C2 Ocean Boulevard from Linton Boulevard to Thomas Street Leading Pedestrian Interval FDOT Speed Monitoring Devices Advanced Stop Lines/Bike Boxes Shared Lane Markings C3 Atlantic Avenue from Military Trail to Ocean Boulevard Median Crossings City of Delray Beach Exclusive Pedestrian Phasing FDOT Leading Pedestrian Interval Lighting and Illumination C4 Lantana Road from Jog Road to Military Trail Bus Stop Treatments County Leading Pedestrian Interval C5 Lake Worth Road from Jog Road to Lakeside Drive Flashing Yellow Arrow FDOT Prohibited Right Turn on Red Lighting and Illumination C6 Military Trail from Melaleuca Lane to Community Drive Flashing Yellow Arrow County Lighting and Illumination FDOT Bus Stop Treatments C7 Okeechobee Road from Drexel Road to Congress Avenue Accessible Pedestrian Signals FDOT Lighting and Illumination C8 US 1 from Okeechobee Boulevard to 49 Street Prohibited Right Turn on Red City of West Palm Beach Lighting and Illumination FDOT C9 Northlake Boulevard from Military Trail to Alt A1A Lighting and Illumination County C10 Indiantown Road from Central Boulevard to AltA1A Crossing Islands FDOT Rectangular Rapid Flashing Beacons !tt'yggF i`,F� f t , ..der} f„\,,. rit #t {iluli r,,, '.s\f.V..... t Potential Countermeasure: Median Potential Countermeasure: Lighting& Potential Countermeasure: K-12 Crossings Illumination Pedestrian and Bicycle Education Clicking on the Map ID's,will bring you to the respective maps in Appendix D-Individual Spots/Corridors. Palm Beach MPO Pedestrian and Bicycle Safety Study BEnCH Top 10 Hot Spots & Top 10 High Crash Corridors MARTIN COUNTYTEq2ueTjl®R The Glades INDIANTOtNN RD Sy ? HOOKERtlIGH1tt(AY HOOiD{DM! C/-/o - GATORBLVtj �. gC I R C 880 ^ <f ..... FGA BLVQ t � F ;a � r✓�4`r< - �Ft � Cp N Ct O NORTI- AKE BLVD .... r v (TEMPLE BLVQ N "P zi of 0 5 10 zs sr S10,F v Q � o� �9 Miles >; Z m w t . HOOKER HIGHWAY -t w Q a f v> aKEECHOBEE B ' ) �t GATOR BLVD .„” .. ; ' '�, �� . ''t� -.� } ' str�; ..,.T �. .. ..-, � ^ r r,LVEDERERL7. . y In SOUTHERN BLVD CR 880 U .._ _., s s ti . ..... O L f MIL FC,R -5,T,, L BLrU O jFIERSON RQ! t + S s� t "a �� u¢ . E t X54 , LAKE WORTHgi _ z t X A i sass 5�S t F 1 ,1 �t LANTAN Q 3� S3 BOYNTON � hf �� t ° Note: Pedestrian crashes,typically more prevalent than bicycle crashes, are shown in the map-,The complimentary a uaK bicyclist crash density map is included within the study in Figure 51. t AT Legend �i Hot Sots IN ON""",, - �F P �� ==; High Crash Corridors CL1NTOORE RD� i Pedestrian Crash Density € 1 of YAMATORD , Low Crashes Low-Medium Crashes ` �� s Medium Crashes Cp ��6XZ+ _FARKRQF+s�. ; Medium-High CrashesAHATC�� p High Crashes 0� �� T BROWARD COUNTY <�l\.;�t�., r! .1t.. Jfr�S��s�lrss»,yr.,,.l�ifila}la�.,�?r. I1t 51,1 'aIIii Bea "i MPO � NPedestrianBicycle Pedestrian and Bicycle Safety Performance Measures and Targets Current 2025 Objective Value r Vision(2) (2014)(1) Target Reduce the number of.... Pedestrian Injuries 323 <_160 0 Pedestrian Fatalities 32 <15 0 Bicyclist Injuries 268 <_130 0 Bicyclist Fatalities 9 <4 0 Pedestrian and Bicyclists Injuries and Fatalities that occurred within the hot 159 <79 0 spots and high crash corridors Juvenile (Age 0-18) Bicycle and Pedestrian Crashes 82 <_41 0 Reduce pedestrian and bicyclist crashes that occur under dark conditions 57(3) <_28 0 and between 10pm and 6am ')The current value (2014)are obtained from FDOT UBR data. (2)Palm Beach MPO strives towards Vision Zero;where no pedestrians and bicyclists are injured or killed. (3)Accounts for the number of crashes occur under dark conditions where street lights are both present and not present. Safety Initiatives Initiative Lead Agency Partners Goal Provide complete Local Municipalities, Palm Beach County streets/safety education Palm Beach Engineering, FDOT, FHWA, and FAU Center At least 1 Workshop workshops MPO for Urban & Environmental Solutions (CUES) annually Conduct road safety audits Palm Beach FDOT, Local Municipalities, and Palm Beach (RSAs)for hot spots & MPO County Engineering At least 1 RSA annually corridors identified in this plan FDOT Community Traffic Safety Team Conduct crosswalk safety (CTST)and Alert Today Alive Tomorrow, campaigns in hot spots in this Local Law Local Municipalities, Palm Beach County At least 1 plan Enforcement Engineering, FDOT, FHWA, South Florida Campaign annually Regional Transportation Authority (SFRTA), and Palm Tran Educate children on Palm Beach FDOT Safe Routes to School, SafeKids, All K-12 Schools Implement pedestrian and bicycle safety County School WalkSafe, BikeSafe, Palm Beach YMCAs, Curriculum annually skills District and FAU CUES Educate adults on bicycle League of Adult Education Organizations, FDOT, Palm safety skills American Beach MPO, Local Municipalities, and AARP At least 1 Training annually Bicyclists Implement bike light safety campaigns to educate and Local Law Local Municipalities FDOT CTST and Alert At least 1 Campaign distribute bike lights to Enforcement Today Alive Tomorrow, and League of annually cyclists in each hot spot and and FDOT American Cyclists corridor identified in this plan Palm Beach MPO N Pedestrian and Bicycle Safety Study EWFICH S3 (Boynton Beach Boulevard at Seacrest Boulevard) I DIA TOWN RD Palm Bea' h Count y !`$ f ilo ®FF< a sB vq rd 0 ss„, 4{ t n 1{ ORA_ F ( ..,•C BLV4 1 � h - � �� 1 iS,�t `akk',t 7�}ar e�"�t` HOOKER HIOI 7 ,4,`rf BLV �arO t OKE CHOBL - (road � RBurp CR88 {t t ( s } ?1110 w M��i(' F Y ,1\ Mf�, �i;§', �t A �1?�4.., tfri Yf Y t t ;g;,�� vaas-r,�r•, �'.,� �1 j�, I '`��`'; 1;". r; §P�- -, S,i" �'•�FY }}, S k t,..x i x ,,t 'n r t`. t .Gi k , <t{{, ( c_::. tr il}j �� ? �`� �i �A{ S4 ;. , ''� 1 _ , r - `{:7 §`r$k ' y ..\, r•i�\\, 4:;y i , 1 1 �4 � �,,t= f v-- `t. ,t•-s+ k P!-'a t>?` )l�}+ ' i',” „n;;t s - r rtx�t,; vt +�> \��} ti: t��,�� , � ~\ r�t.+4 0n S 7 S 4),f, -- .� 's„•.�!..- .k � if\l-t v,. �,._ � ,1,"",. 4 �' �Y„ ,�`. a is , 7- trs ln� i1:h�"'J, Alit `, i`xir ', rs' Y'x Rt } ``hlg� I "s m m rt,1, Sta =Sir is u;- a {ro-,.n rt5,t '"+5£k �,>> �rs. �t�t� ,>�. "" t3"T, v rr r , ) , � gx�ti•;x. t{`.,��-. r t t1 4tP ;Y. sti. t 4 p�`-,t r- ,.y r, '-'' 1,.} t�...... ,2 s 11>,� f �nA1 ytlll �� 111,` �, A Legend Pedestrian CrashR €tf � r ¢9u \x 1 t ® Bicyclist Crash Hot Spot Nighttime Crash 9 �k1v1t t 19 High Ridership Stops Faty c 'jslY al Crash o Palm Tran Stops L 1 4 e Executive Summary 0 0.05 0.1 Table 4 Miles Boynton Beach Boulevard at Seacrest Boulevard (S3) Number of Crashes Boynton Beach Boulevard at Year Total Average Percent Seacrest Boulevard (S3) 2010 2011 2012 2013 2014 Crash Type Coll. w/ Pedestrian 2 0 0 2 2 6 1.20 60.0% Coll. w/Bicycle 2 1 0 0 1 4 0.80 40.0% Total Crashes 4 1 0 2 3 10 2.00 100.0% Severity PDO Crashes 1 0 0 0 2 3 0.60 30.0% Fatal Crashes 0 0 0 0 0 0 0.00 0.0% Injury Crashes 3 1 0 2 1 7 1.40 70.0% Lighting Daylight 3 1 0 2 3 9 1.80 90.0% Conditions Dusk 1 0 0 0 0 1 0.20 10.0% Dawn 0 0 0 0 0 0 0.00 0.0% Dark 0 0 0 0 0 0 0.00 0.0% Unknown 0 0 0 0 0 0 0.00 0.0% Surface Dry 4 1 0 2 3 10 2.00 100.0% Conditions Wet 0 0 0 0 0 0 0.00 0.0% Others 0 0 0 0 0 0 0.00 0.0% Month of Year January 1 0 0 0 0 1 0.20 10.0% February 0 0 0 0 1 1 0.20 10.0% March 0 0 0 1 1 2 0.40 20.0% April 0 1 0 0 1 2 0.40 20.0% May 0 0 0 0 0 0 0.00 0.0% June 0 0 0 0 0 0 0.00 0.0% July 0 0 0 0 0 0 0.00 0.0% August 1 0 0 0 0 1 0.20 10.0% September 0 0 0 0 0 0 0.00 0.0% October 0 0 0 0 0 0 0.00 0.0% November 0 0 0 0 0 0 0.00 0.0% December 2 0 0 1 0 3 0.60 30.0% Day of Week Sunday 0 0 0 1 1 2 0.40 20.0% Monday 2 0 0 0 1 3 0.60 30.0% Tuesday 0 1 0 0 0 1 0.20 10.0% Wednesday 0 0 0 0 1 1 0.20 10.0% Thursday° 0 0 0 0 0 0 0.00 0.0% Friday 2 0 0 0 0 2 0.40 20.0% Saturday 0 0 0 1 0 1 0.20 10.0% Hour of Day 00:00-06:00 0 0 0 0 0 0 0.00 0.0% 06:00-09:00 0 0 0 0 0 0 0.00 0.0% 09:00-11:00 0 0 0 1 0 1 0.20 10.0% 11:00-13:00 0 1 0 0 0 1 0.20 10.0% 13:00-15:00 0 0 0 0 0 0 0.00 0.0% 15:00-18:00 4 0 0 1 2 7 1.40 70.0% 18:00-24:00 0 0 0 0 1 1 0.20 10.0% Boynton Beach Boulevard at Seacrest Boulevard (S3) Crash Histograms ------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------ Crashes by Type Crashes by Severity $ 4 L 6 N U 4 3 � O N E 2 0 2 I I C N 9 � U � 1 � mi z a 0 .. (j PDO Crashes Fatal Crashes Injury Crashes 0 O n2010 m2011 w2012 m2013 a2014 Crashes by Light Condition Crashes by Surface Condition 4 5 t3 L4 .a R R ' U U 3 0 2 d2 -j � 9 z' 1 1 z1 0 . ...................� 0 .t Daylight Dusk Dawn Dark Unknown Dry Wet Others m2010 m2011 �iv,2012 m2013 a2014 im2010 m2011 m,2012 m2013 B2014 Crashes by Month of Year Crashes by Day of Week 3 3 d d m 2 2 2 U U 0 i i 0 91 -i 91 i 'I Afl J I i ZO .t....... Z0 . ......... 7 bac dee � P Q�e Oc, owe eoe �J �o �Je ace �rJ� F �J�J 2010 m2011 �iv,2012 m2013 B2014 m2010 m2011 �iv,2012 m2013 B2014 } 5 � CID co: cu �Y jitt4 site 1 ,i pciS NOSE O'I, 1cd LULJ sitti+rtk, § 411,10, { W <i`•{ i ' l' is ,1 CL t 0 fry � 4Yd l NO 4j� T11 11 i U 1? Recommendations: Land Use The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Other future land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends one-half block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: • From 1-95 east to N.W. 1st Street, change Local Retail Commercial and Low Density Residential to Mixed-Use Low. The Mixed-Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private Governmental/Institutional, Medium Density Residential, General Commercial to Mixed-Use Medium Future Land Use. The Mixed-Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Al Retail Commercial to Mixed-Use High future land use designation. The Mixed-Use High future land r use designation should extend the depth of the block north and south of Boynton Beach Boulevard. t� Below is a table showing the proposed land use and zoning designations that will apply along the Boynton by Beach Boulevard corridor: tist 1,A Table 3: Recommended Future Land Use(FLU)Classifications within the Boynton Beach Blvd District rt{� LAND USE :JDENSITY � CORRESPONDING ZONING DENSITY CAPM , LOW DeInsity 5 RI B, PUD,; MHPO 5 30' Residential Mixed-Use Low 20 � Mu-1 20 45' Mixed-Use MU- : 40 65, Medium MU-3 50 75' MU-4 'N 01 y Mixed-Use Hwgh tit MU Core80 s " Properties located within the TOD may recieve a 25%density bonus 4 MU Low MU- Med MU- High • 20 du/ac • 40 du/ac • 80 du/ac • Max height 45' • Max height: 75' • Max height 150' • TOD Bonuses • TOD Density Bonus (' S i Y m. ,.y wy aF ,"� • "^ asp{ s�� r� } " �i r a U .C - 11111- 1, 6-7 ih� Figure 20. Recommended Future Land Use for the Boynton Beach Blvd. District 1AI „ �llti{t �r tV !ill; MU Lew I Town square MU- Med ®® MU High ` • 20 du/ac (incentivized units) • 40-50 du/ac • 40-50 du/ac • 60—80 du/ac • Max height 45' • Max height: • Max height: 65'-75' Max height 150' • Redevelopment/ infill 65'-75' • TOD Bonuses . TOD Density • Commercial uses required • TOD Bonuses (height /density) Bonus • Parking at rear (height /density) • Commercial uses • Commercial uses • Public greenway to buffer BFR • Commercial uses required required • Two story max at street required • Max 4 stories on • Max 4 stories on • Buildings set back to allow for street street pedestrian zone F� a 111 Figure 21 Boynton Beach Blvd. Example Projects 5 Recommendations: Urban Design Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard.Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. ;z • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton Beachn t{p� Blvd. All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/sidewalks. j>> • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering `` Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. r-_ r � t,ar i g t ` Figure 22: Example Greenway Recommended on First Avenue 7 trlii' '26 1 — ,,Y ,,tiS tl r rpt tr w r - 6 r- _ , , i , i Figure 23..,., : Example of Mixed Use Low Project on Boynton Beach Blvd. (j r}'t{ a; Figure 25: Boynton Beach Blvd. District Master Plan rt{� , r , 'P OW sss�> "' a ( r � „s Vis- yp ,s y'� F r a f } } 's sV, lit„ .,. i u - i r r g 0 ( i � t t i Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd. �llr�t !ill; (tt't �,,� - sl�d, �,s! � i, - i� i k ,F,�s rrr ,;tl,;t, ��, �": �, '•;� ,.fx't r „ .� c.,o,., 3�1, F u , at1 I it , r „ n i `ti<s >I 1<M Sr 2 ti , w. ts,ki'vl !r#,tYsN 6;;qq 7 - {� - �_ } h 111'k c 4 a. "Al i{ IN ,t { { r k' fi 7 e h 11� � One W3141. " 1 ri llama pCoAto W sqwm i Ii vow at Eat Ootw�Oom One,and ammwd in domtown Beach rThm modi } 2,979 h g 1 pu' , OA96,tokal psAft I 1$1 ONS qmre&Vt of MOO,CWKV,Medi MW r_ US i I. 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Y 1 - �' x' p 1 I � i aH 46 to t = 4 Cl h� h WI z — � e fill4.o M z ! p We W� 4 c,M z o Il NitW + W I!, ��rr� s k lit$ 'M 0� a 2 LL LL6 __ vm eo aeoa 7b QQ ., lSy096'd�1N/ w0 09 m 0 3N/7 V o n a :to << of Q n 7r zt tn N I m h n h S u] , N Wa 0 x Q 2 y I � W � 3 ph'1 , H' i N 2 �e ti m b = I it o / ON:(MH 'S.n NI n 5 ON M„56,69.0'N Iw H I% W The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Managers Office:(561)742-6010 FAX: (561)742-6011 e-mail:la verrierelffbbfl.us www,boynton-beach.org March 1, 2018 Andrew Uhlir Transportation Improvement Program Coordinator Palm Beach TPA 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2749 RE: Project: Boynton Beach Boulevard Complete Streets Improvements Palm Beach TPA 2018 Local Initiatives Program Support to construct the proposed project within City and FDOT ROW Dear Mr. Uhlir, The City of Boynton Beach in coordination with the City of Boynton Beach Community Redevelopment Agency (BBCRA)would like to submit an application for the 2018 Local Initiatives Program for the Boynton Beach Boulevard Complete Streets Improvements. The project is located within the City of Boynton Beach right-of-way and right-of-way managed by the Florida of Transportation (FDOT). The FDOT received a request from the City of Boynton Beach to construct the improvements within the State right-of-way and continual coordination with FDOT related to this project has been made during initial design phases of the project. FDOT has been identified for project administration and construction of the project if the project is awarded. The project scope consists of Complete Streets improvements along E. Boynton Beach Boulevard, between I-95 and US 1/Federal Highway, with enhanced connectivity to the intracoastal waterway and City Marina. Improvements include expanding the existing 3' shoulder to a 4' designated bike lane on both sides of the road and reducing the travel lanes to 10'. The lane reduction will also provide additional right-of-way to expand the existing sidewalks to 9' in width with decorative patterns, enhanced landscaping, and lighting. The City believes that our project meets the Local Initiatives Program criteria and meets the goals of the local community. Sincerely, _.00ff*4W A9Q OPFRAWOF Tim W. Howard Assistant City Manager-Administrative Services AMERICA'S GAWETVA Y TO THE G ULFSTREAM Boynton Beach Boulevard Complete Streets Improvements Existing Conditions— Boynton Beach Boulevard between 1-95 and US 1 vr d ` 1 � } k i5 � as 6`. -f 7.✓ pis"^ Yi`"d .+'vim' ) /R 1 � t t � f{f� Mfr}s��tt t 1tu}iitf 1rt1 S', i? s jell 17111 �{ 4}4��f�4) 4 s` - tUfY }f,�,u17t�t� s r�'- � FF t �� P� •� Boynton Beach Boulevard Complete Streets Improvements Existing Conditions— Boynton Beach Boulevard between 1-95 and US 1 Al�Y �lsiA`Ni�\� Al �ty� �r jl� ti 1 � m A 1 z — wr o t ;.. 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Also as a reminder, there are no meetings scheduled for August. The next TAC and CAC meeting will be held on September 5th and the BTPAC meeting on September 61h Because several members have requested this information, we have attached the draft scores of the priority projects that were submitted for the TPA's Local Initiatives and Transportation Alternatives Programs. Please note that the list of prioritized projects for both programs will be presented to the TPA Committees for input at the September meetings and to the TPA Board for approval on September 20, 2018. *This list is not yet finalized - pending eligibility issues may eliminate a few of the projects. More information will provided during the September meetings. If you have any questions please let me know. We wish you all a happy and safe Fourth of July! Best regards, Margie Margarita Pierce EXECUTIVE ASSISTANT 2300 N Jog Ind. 4th Floor I West Palm Beach, FL 33411 Direct 561.476.5745 1 gain 561.664.4170 Web I Facebook I Twitter I Linkedln A&b,. 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SUBJECT: Sara Sims Park Project Update SUMMARY: On January 18, 2018, the CRA approved a Professional Services Agreement with Kimley-Horn and Associates, Inc. (KHA) for the Sara Sims Park Improvements (see Attachment 1) in an amount not to exceed $116,600. The scope of services for the Sara Sims Park improvements have been developed by the City Engineer, Mr. Gary Dunmeyer, and CRA staff, building on the preliminary conceptual design by Wantman Group, Inc. and information gathered through CRA-organized community meetings and input gathering surveys. The Scope of Services include design development through full construction/design documents, construction administration, the opinion of probable cost, project specifications, bidding assistance and final notice of acceptance of the work. It is anticipated that the pre-construction tasks will take approximately six months to complete after issuance of a Notice to Proceed. Currently 90% of the design has been completed. The project is approximately two months behind the original schedule due to the value engineering that needed to be done to bring the project into compliance with the $1.3 million dollar budget. Furthermore, the City is consciously trying to implement wealth building strategies by dividing the project into smaller components, enabling smaller entities to bid the project. Because of the additional workload to break out the bid documents into many smaller packages, the project timeline may be slightly protracted but the economic benefits would hopefully outweigh the costs. In accordance with the City's procurement policy, the City may self-perform or serve as a general contract for some of the work. The attached design rendering depicts the proposed plans showing the active and passive recreational amenities to be provided in the park (Attachment 11). The improvements will consist of three 12' x 14' small pavilions, one 25' x 25' large pavilion, a pre-engineered restroom building near the playground, site lighting, benches, new parking, new walkways or fitness paths, decorative concrete pavement, landscaping, irrigation, cell phone charging stations, signage, waste receptacles and decorative aluminum fencing. At each pavilion, there will be a hose bib, picnic table, grills, and waste receptacles. Crime Prevention Through Environmental Design (CPTED) standards and other security features such as cameras will be incorporated into the park as well as and power and water service that will be designed to accommodate a 30'x30' space for a future amphitheater. It is anticipated that the bid process will commence in September, construction to commence in January of 2019, with an estimated completion date in in August of 2019. CRA Board approval and input is needed to enable KHA to finalize the construction drawings in preparation for the bidding process. The color rendering of the site will also be updated to include the Board's input and will distributed to the public as a way to keep the community informed. FISCAL IMPACT: FY 2017-2018, Project Fund, Line Item 02-58200-406, $600,000 and Line Item 02-58100 (Professional Services- Surveys &Appraisals and Architectural Design Assistance), $116,500 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the proposed site design, associated parks amenities, and parking proposed by Kimley-Horn and Associates, Inc. for the Sara Sims Park Improvements. 2. Do not approve the proposed site design, associated parks amenities, and parking proposed by Kimley-Horn and Associates, Inc. for the Sara Sims Park Improvements. 3 . The Board may consider modifications to the proposed site design, associated parks amenities, and parking proposed by Kimley-Horn and Associates, Inc. for the Sara Sims Park I mprovements. ATTACHMENTS: Description D Attachment I - KHA Design and Professional Services Agreement for Sara Sims Park D Attachment II -Sara Sims Park Rendering January 12, 2018 Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 Re: Professional Services Agreement Sara Sims Park Improvements Boynton Beach, FL Dear Mr. Simon: Thank you for the opportunity to be a part of your team on this project. Kimley-Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this agreement (the "Agreement') to Boynton Beach Community Redevelopment Agency ("the Client' or "CRA") to provide professional consulting services for the above-referenced project. We will provide these services under our contract for the Boynton Beach CRA Design and Professional Services Agreement dated June 28, 2007 (2007 Agreement). Kimley-Horn agrees that the 2007 Agreement also applies and controls this Agreement, and that the terms in this Agreement are in addition to the terms in the 2007 Agreement. Pursuant to our discussions, below is our scope of services and associated fees for improvements to Sara Sims Park. SCOPE OF SERVICES, SARA SIMS PARK IMPROVEMENTS PROJECT UNDERSTANDING The Client has requested a scope of services and fee determination for conceptual design and bid/construction documents for improvements to Sara Simms Park,which is located at 209 NW 91' Court in Boynton Beach. The Park is approximately 8.9 acres and was initially constructed the 1970s. The park will be irrigated via the City's reclaimed water utility. Current elements in the park include a 1.25-mile asphalt path, pavilion, restrooms, two tennis courts,four racquetball courts and playground. A concept plan was prepared by WGI, dated December 11, 2017. This concept was used to develop an overall construction budget and to determine general placement of the proposed improvements. The construction budget for this project is$1,300,000 inclusive of design and permitting fees. The Client desires to have construction completed in August of 2018. The Client has requested that Kimley-Horn provide a park design development and bid/construction documents services for the following at Sara Sims Park: • New pre-engineered restroom building near the playground (existing restroom to be demolished as a part of this project) • Three pre-engineered small pavilions (12 ft x 14ft)with grills and picnic tables • One large pre-engineered pavilion (25 ft x 25 ft)with grills and picnic tables m ® 0 ®® a Ips®a Klmley)))Horn Page 2 s One existing pavilion will be refurbished, requiring cosmetic improvements that will be specified on the plans. No structural or architectural modifications or improvements will be required and therefore those services are not included in this scope. • Each pavilion will feature a hose bib, picnic tables, grills, and waste receptacles. • The existing walking path will be removed and a new path designed around and through the park/memorial garden. • On-street parking spaces along Martin Luther King Jr Blvd. • Landscaping and irrigation improvements. • Perimeter fencing at the Memorial Gardens and other portions of the site. • Site lighting on fitness path. • Site furnishings such as waste receptacles(30 total), picnic tables, and benches, including at least one bench with a solar powered charging station. • New parking lot on SW side of site off NW 8th Ave. • Park signage, per Parks and Recreation Department standards. • Power and water service and a +/-30'x30' space identified for a future amphitheater. • Signage for the fitness path showing distance(i.e. '/ mile, 'h mile, etc.). • The Client requires that CPTED (Crime Prevention Through Environmental Design)principles be applied to the design of Sara Sims Park. • An alternate task is proposed for design services to design and specify equipment and wiring associated with WiFi service at the park and security system equipment. Items specifically not included are: Architectural, MEP, or structural design services for buildings or picnic pavilions Right of Way vacation services * Platting services or other services related to combining parcels and/or unifying titles. Permit Fees Multiple phase projects. If the project must be subdivided into more than one phase, additional services will be required for the second and/or subsequent phase package(s). Professional environmental or cultural (archeological) resources services. The following scope of services details the site survey, geotechnical engineering, site civil, landscape architectural, and site electrical services. The scope is divided into phases to accommodate the concept/design development work for the park and a second phase for permit and construction drawings for the proposed park improvements. Should the park program change from that described in this agreement, additional services may be required. TASK 11— SITE SURVEY AND GEOTECHNICALENGINEERING SERVICES SITE SURVEY: A sub-consultant to Kimley-Horn will perform the following professional survey services: Produce a Boundary Survey in accord with Standard of Practice as set forth in Chapter 5J-17.05 FAC pursuant to Section 472.027 Florida Statutes, limited to the following: so • ® iQ a gym. Kimley>Morn Page 3 • Recover or reset exterior boundary corners of the combined parcels. • Establish State Plane Coordinates utilizing GPS Wide Area Network. Coordinates to be tied to offsite control monuments. ® Locate interior improvements to include buildings, pavement, parking, pathways and evidence of above ground utilities. Locations to extend to the centerline of adjacent roads. • Map evidence of underground utilities as located by others at the time of survey. • Delineate all platted easements. • Research FEMA flood zone and note on survey. • Calculate square footage of property. • Certify survey to all parties concerned. • Establish on-site benchmarks based upon NAVD 88 Datum. Provide conversion to NGVD 29. « Obtain finish floor elevations on existing structures. • Obtain spot elevations on an approximate 100' grid onsite and 50' grid within the roads. • Topo extended to centerline of adjacent roads. • Map 1'contour. • Locate Sara Sims headstone in the cemetery. • Locate individual or clusters of specimen trees 4" diameter and larger, providing common name, diameter and position of trees or outline of cluster. The location of shrubbery and landscaping will not be included. • Obtain elevations at base of tree when possible. GEOTECHNICAL ENGINEERING: A sub-consultant to Kimley-Horn will perform the following professional survey services: Boring layout and utility coordination; Perform two (2) SPT borings to 15 feet; ® Perform one(1)sieve analyses; ® Perform one SFW MD percolation test for exfiltration trench K-value; Provide light duty and heavy duty flexible and rigid pavement design recommendations based on soil conditions; and Provide soil profile and grain size analyses results narrative The sieve analyses will provide information on the grain size curve only. If the Client is interested in an analysis of lime content, the results will need to be tested by an environmental lab and will require an additional service. TASK 2 -DESIGN DEVELOPMENT Kimley-Horn will attend an initial kick-off meeting with the Client to discuss the project, scheduling, budget, and Client design preferences. Kimley-Horn will produce a Design Development plan based on the WGI masterplan drawing, digitizing the design into AutoCAD format or utilizing WGI CAD files. The plan will serve as a 30% design development drawing that will include limited details that will present a plant palette, irrigation equipment, site furnishings, pre-engineered structure schematics, and information on materials selections. This schematic plan set will be presented to the Client as a project update prior to Kimley- Horn moving forward with bid/construction documents. o 0o a o . Page 4 Design Development Deliverable: Site Design Development site plan with hardscape selections identified with labeling. Limited site details that: • Identify proposed plant material • Specify irrigation equipment • Specify site furnishings • Schematic designs for picnic pavilions and restroom structure. Preliminary Opinion of Probable Construction Costs for proposed improvements based on materials and equipment selections. Technical memorandum summarizing design decisions made as a result of Client input, CRA Board input, and budgeting based on the Design Development plan. Site Plan rendering, depicting overall design for use in Client brochure to update community. TASK 3 - 0% BID/CONSTRUCTION DOCUMEN KHA will prepare 90% plans and details at a scale suitable for bidding purposes, to include site drainage, site lighting, park features, landscape and irrigation. During this task, the Consultant will perform the following: Contact utility owners and request any available information depicting the locations and configuration of existing utilities within and around the park property. Attend coordination meetings with regulatory agencies having jurisdiction over the project to discuss permitting requirements. Prepare 90% construction documents typically consisting of the following: Civil Engineering Services for this task are limited to the following: • Site Plan for proposed improvement areas will delineate the proposed park improvements, pavilions, parking, and City- required tabular data. s Paving and Drainage Plans will show proposed site drainage and will provide grading for the parking lot. The plans will also provide grading for the proposed park improvements and will include drainage details. • Utility Plans to show utility service connections for the proposed park improvements: up to seven hose bibs, one drinking fountain, water::%sewer service to the restroom building, and potential reclaimed irrigation service. • Signing and Marking Plans to show proposed site signage and striping modifications for the proposed access to the parking lot. The plans will also provide signing and marking details. Landscape Architectural Services for this task are limited to the following: Planting plans for proposed improvement areas will delineate plant material, plant quantities, plant schedules, specifications and project-specific planting details, including code required planting calculations. a /oa" ��°R�� d��^�� 0��|�� & D 0U�� /�' 0 �� 0 � Page 5 • Irrigation plans designed to provide irrigation coverage for all exterior proposed landscaped areas. KHAwiU provide the following irrigation design services, after Client approval ofthe 0O% landscape plans: * Calculation of irrigation system requirements based onwater application per week and water window availability os determined by local munio|pa|ity arid Water Management District. * Water source(u) eva|uadonforinigation system * Irrigation mainline and sub-mainline sizing with recommended muting. * Coordination with project civil engineer for sleeve and mainline muhng, as applicable. * Master central control evaluation arid recommendotion, including analysis of system operation. A conceptual irrigation operation schedule for the project will be included. * Irrigation controller locations with power supply drop locations. (BeoLhoa| design end permitting for controllers N be provided by contractor)—As necessary. * Material legend of all components. * Ancillary notes, calculations, and labels required todevelop a master irrigation system. • Handocmpe plans based on Client design input gathered during the Conceptual Development phase. KHAwiU prepare the following construction documents: * Decorative paving 1ma0neniu—stamped/stained concrete orpavers. * Siiefumiohings—speciMcadon and layout locations * Fencing layout arid detailing for gates and fence foundations * Park signage a1park entries * Mileage manker(s)along fitness pathway * Lighting equipment specifications, engineering for foundations arid/or notes to accommodate equipment manufacturer's engineering for lighting equipment, * Specification for pre-engineered structures: • Picnic pavilions • Restroom building Note: Pre-engineered items may require sole-source specification of the manufacturer's product/norder toobtain the pre-engineered drawings. • Electrical Engineering Services for this task are limited electrical design for proposed improvement areas, delineating e|ectrioo| service and lighting for the perking areas and pathway lighting. im Site Plan submittal with photometric analysis for the fitness path KHA will submit the lighting fixtures used as the basis of design for approval prior to submittal ofthe draft.construction drawings. w Baothca| Plans and Details permit plans with electrical and lighting details, Page 6 for details and lighting specification, and coordination with the local power company to obtain electrical service. • Submit the 90% bid/construction drawings to the Client for review and meet with the Client to discuss. After review, address reasonable review comments as part of the final bid/construction drawings. • Provide an updated Opinion of Probable Construction Cost for the 90% plans. Deliverables • Progress PDF plan sets will be emailed to the Client every other week until 90% plans are submitted. ® Sets of the 90% construction drawings in 24" x 36"format for internal and permit reviews • Opinion of Probable Construction Cost. PERMITTING The Consultant will prepare and submit applications, calculations, supporting documents and plans for review by the following agencies: • FDEP: 10/2 permit for projects under 10AC with less than 2AC of impervious • City of Boynton Beach: Minor Site Plan Modification and Building Permit No other agency approvals are anticipated or included in this scope of services other than those identified above. All permitting fees will be the responsibility of the Client. Project representation for this task is required and is included in this proposal. T — FINAL BID/CONSTRUCTIONDOCUMENTS Once the 90% construction drawings have been approved by the Client, these will be used as the basis for preparing the final bid/construction documents. Specifications will be a part of the plan set. No separate technical specification booklet will be produced. KHA will assist the Client in the preparation of certain sections of Division 1 specifications, limited to description of work, measurement and payment, and bid form. During this task, the Consultant will perform the following: w Revise the drawings prepared in Task 3 per the Client and permitting agency comments. Tabulate anticipated construction items, quantities and measurement and payment items and their associated notes. Prepare Division 1 required provisions for inclusion into the Client-provided contract documents: Determine anticipated construction time for contract purposes. Update the engineer's opinion of probable construction costs. Prepare a bid form that will list the separate pay items, estimated quantities, and units. Provide the Client with a project description to be included in the Client's front end documents. Page 7 Deliverables • Three sets of the final construction drawings in 24"x 36"format. • Updated engineer's opinion of probable construction cost for the proposed improvements. • AutoCAD files of construction plans • MS Word and Excel files of specifications or reports prepared related to this project T PROJECT REPRESENTATION (HOURLY) At the Client's request, Kimley-Horn will represent the project and/or make presentations to CRA Board, City Commission, or at public meetings. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee. T BIDDING I T Y) It is our understanding that the Client will use a competitive bidding process to award the contact to a qualified contractor to construct the improvements. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee.At the Client's request, Kimley-Horn will provide the following services: Consult with and advise the Client during the bidding process. Attendance at the pre-bid meeting. Issuance of addenda in response to interested contractor questions or requests for information during the bid process. All responses by the Consultant will be approved by the Client prior to issuance. The Client will be responsible in making the award. T — LIMITED TI IC (HOURLY) This task assumes a maximum of six (6) months of construction phase services. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee. At the Client's request, the following services may be performed as a part of Construction Phase Services: • Pre-Construction Conference. Consultant will attend a Pre-Construction Conference prior to commencement of Work at the Site or at Client-designated location in Boynton Beach. • Visits to Site and Observation of Construction. Consultant will make eight(8)visits in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the work. Consultant will not supervise, direct, or have control over Contractor's work, nor shall Consultant have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Consultant does not guarantee the performance of any e Klmley))) Horn Page 8 Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Consultant believes that such work will not produce a completed Project that generally conforms to the Contract Documents. ® Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by Client. * Change Orders. Consultant may recommend Change Orders to the Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. Substitutes and "or-equal." Consultant will evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents. Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws or the Contract Documents. Consultant's review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests. Disagreements between Client and Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith. Applications for Payment. Based on its observations and on review of applications for payment and supporting documentation, Consultant will determine amounts that Consultant recommends Contractor be paid. Such recommendations will be based on Consultant's knowledge, information and belief, and will state whether in Consultant's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. For unit price work, Consultant's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. Consultant's recommendations Klmley )>> Horn Page 9 will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. • Substantial Completion. Consultant will, after notice from Contractor that it considers the Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. • Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant. • Project Close-out Documents: Consultant shall assist the Owner in assembling and submitting the certification packages stating that the Project is complete to City of Boynton Beach and South Florida Water Management District. The Client will pay all application, review, and permitting fees. • Limitations of Responsibilities: The Consultant shall not be responsible for the acts or omissions of any Contractor or subcontractor, any of the Contractor(s)'or subcontractor(s)' agents or employees, or any other persons (except the Consultant's own employees and agents)at the site or otherwise performing any of the Contractor(s)'work. (ALTERNATE) TASK 9: SECURITY SYSTEM DESIGN The Client has requested a plan, specifications, and details for a security system at Sara Sims Park consisting of up to eight cameras, one emergency phone, one network video recorder(NVR), and equipment necessary to provide a City of Boynton Beach public WiFi hotspot for the park. This task is limited to the services specifically described below: • Amend electrical drawings (created in Task 3)to depict the security equipment, based on Client-approved equipment specifications. • Provide a security system communication plan and details sheets based on Client-approved equipment. It is assumed that the system backbone will be fiber optic cable within the park. • Provide specification for equipment furnishing one WiFi hotspot in the park • Provide security system specifications (as needed)to support the plans and details. Deliverable Kimley-Horn will provide a draft submittal of plans and specifications to the Client for comments. Kimley-Horn will attend a comment resolution meeting with the Client as needed, then Kimley-Horn will provide a final submittal of plans and specifications to the Client. ASSUMPTIONS The following assumptions are made: ME = ENO ®� E > Klmley Morn > Page 10 • Client reviews of submittals will be provided in a timely manner. • Existing FPL availability to service the project lighting. • Existing water and sewer service is available at the project site. • The Client shall be responsible for the distribution of advertisement, RFIs and addendums. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates (Attachment"A") or for a pre-negotiated fee. Additional services we can provide include, but are not limited to, the following: • Meetings and coordination beyond that specifically outlined above • Major redesign effort due to changes in the overall project scope, budget, or programming after the approved design development phase • LEED related services r Preparation of written specification book—all specifications will be placed on plans or will reference standard FDOT specifications • Preparation of Bid notice or bidding documents beyond plans • Preparation of contract between owner and contractor • Environmental Engineering (Phase I/Phase II/Etc.) • Traffic Studies or traffic impact statement letters ® Permitting beyond that listed above or permit expediting services • Dewatering permitting • Services not specifically mentioned in the"Scope of Services" PROJECT SCHEDULE The Consultant will provide services as expeditiously as practicable to meet a mutually agreed upon schedule. We understand the Client's desire to have the project constructed by August per the proposal request. We will work with the Client to develop a project schedule upon contract award. INFORMATION TO BE PROVIDEDCLIENT The Client will provide to KHA in support of the project development any existing materials in electronic format related to the project that may influence the scope of services noted above. (Remainder of page intentionally blank.) d Page 19 METHODCOMPENSATION Kimley-Horn will perform the services in Tasks 1,2,3,4,5,and 9 for the lump sum fees outlined below, inclusive of expenses. Kimley-Horn will perform the services in Tasks 6 through 8 on a labor fee plus expense basis for the maximum labor fee shown below. Kimley-Horn will not exceed the total maximum labor fee shown in tasks 6 through 8 without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Task 1 —Site Survey and Geotechnical Engineering Services $17,600 Site Survey: $14,600 Geotechnical Engineering Services: $3,000 SUBTOTAL LUMP SUM SUBCONSULTANT FEES $17,600 Task 2—Design Development $5,000 Task 3—90% Site Civil and Landscaping Construction Docs $40,000 Task 4—Permitting $12,000 Task 5—Final Bid/Construction Documents $16,000 SUBTOTAL LUMP SUM DESIGN FEES $73,000 Task 6—Project Representation $1,500 (Hourly/Max) Task 7—Bidding Assistance $4,500 (Hourly/Max) Task 8—Limited Construction Phase Services $10,000 (Hourly/Max) SUBTOTAL HOURLY MAXIMUM FEES $17,000 GRAND TOTAL MAXIMUM FEE $106,6 ALTERNATE Task 9—Security System Design Services $9,000(Hourly/Max) GRAND TOTAL MAXIMUM FEE $116,600 (WITH LT T T ) Labor fee for Tasks 6 through 8 will be billed on an hourly basis according to the rates as negotiated in the consulting agreement. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these r tl Klmley > Horn Page 12 tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. If you concur in the foregoing and wish to direct us to proceed with the aforementioned services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy and return the other to us. All provisions are in accordance with the terms and conditions of the consulting agreement between the Boynton Beach CRA and Kimley-Horn dated June 28, 2007 and shall govern this agreement as applicable. Payment will be due within 25 days of your receipt of the invoice. Fees and times stated in the agreement are valid for sixty(60)days after the date of this letter. We appreciate this opportunity to submit this agreement. Please contact Jonathan if you have any questions at(561)840-0233. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. L k 'J d Jason Webber, P.E. Jonathan D. Haigh, PLA, ASLA Associate Project Manager BOYNT B CH C MU Y EVELOPMENT AGENCY 5� By: t I 5T 1 (Print or Type Name) Title: (As Authorized by Law) N ( t Witness (Print or Type Name) Official Seal: Bonnie Nicklien $0VISIt.7- NOTARY PUBLIC STATE OF FLORIDA Comm#GG108394 Expires 5125/2021 0 r � r (Sa» 1 ! wIUM! k Alfu ¢ a S�irI C ,�•,� z, 1?{ {�i t� t� � �{ Ir Ir Nov U(0 1S 1S L MN i a LLI ! ( r w m }��1 f• - � i t �-.v ,1{t it 4 ��t} ��,r, v � t � uil+ �� r> ui � LLI {Y U 01 ��f� w v m �y m a � z a<Ir o fIN v{ridgy{ " 1 Stt co lit ` -,�;-�� Jq� ( {I� t ,•C" i .. r�{t�� coo�Q > CNX w t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 OLD BUSINESS AGENDAITEM: 13.E. SUBJECT: Consideration and Discussion of the Letter Submitted by the Community Caring Center Boynton Beach, I nc. (CCC), for their property located at 145 NE 4th Ave, Boynton Beach, Florida SUMMARY: The Community Caring Center's (CCC) existing property and operation is located within the CRA's Cottage District Project site area and was appraised in April 2017 with a estimated market value of $171,000 (see Attachment 1). While the community outreach functions of the CCC are well received, the commercial nature of the activities provided by the Center create a less than ideal situation for neighboring residential uses. This conflicting, quasi-commercial use has been identified by staff and development professionals, as an obstacle to consumer appeal as a future residential redevelopment project if not relocated. CRA staff has been working with Sherry Johnson, Executive Director of the CCC over the years to formulate a mutually beneficial acquisition and relocation plan for the CCC. On July 9, 2017, CRA staff received a letter from Ms. Johnson, outlining conceptual terms for the CRA's proposed acquisition of the CCC's existing property and financial conditions necessary for the redevelopment of a new facility. At that time, Ms. Johnson estimated construction costs of approximately$785,000 to construct. At that time, their offering purchase price to the CRA was $300,000 with an additional $100,000 requested in financial assistance toward the construction of their new facility as well as providing the CRA owned relocation site for the sum$10.00 (see Attachment 11). In January 2017, the CRA purchased the vacant lot located at the corner of NE 3rd Street and NE 9th Avenue, adjacent to two vacant lots owned by the City. According to City Planning and Development staff, combining these three lots would create a parcel large enough for the construction of a new two story, 9,000 square feet building facility and associated parking (see Attachment 111). CRA staff and Ms. Johnson met on November 27, 2017 to discuss the status of the proposal and any issues with the site plan or financial terms. During the meeting, Ms. Johnson expressed her desire to explore the possibility of expanding the size of the originally proposed building to accommodate new programs being developed for the future of the CCC. On June 18, 2018, the CRA's Director and Assistant Director attended the special meeting of the CCC's Board of Directors to discuss new details concerning the proposed construction budget, financial breakdown, size, capacity and timeline for development of the new facility. An email and costs breakdowns were sent to CRA staff on July 3, 2018 (see Attachment IV). The revised project development budget shows an estimated total cost of construction to be $2,033,925. The CCC has identified $875,000 in funding sources and is requesting $1,158,925 in CRA funding, $750,000 for acquisition of their current property in FY 2018-2019 and $408,925 as a site development grant in FY 2019-2020. FISCAL IMPACT: To be determined based on CRA board discussion and consideration. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan; Heart of Boynton District CRAAB RECOMMENDATION: Supports the purchase of the CCC property located at 145 NE 4th Ave and providing financial assistance to develop the new site at NE3rd/NE9th with CRA funding not to exceed $400,000 from a combination of monies from the MLK Corridor and Property Acquisition line items budgeted in FY 17/18 Project Fund. CRA BOARD OPTIONS: To be determined based on CRA board discussion and consideration. ATTACHMENTS: Description D Attachment IV -July 3, 2018 email from Ms. Sherry Johnson with updaed project cost breakdown. { Community Caring Center of Greater Boynton Beach, Inc. The Secret Garden Cafe, A Culinary Incubator Program Board o Directors: f http://dvdvdv.cccgbb.org Joyce C.Portnoy,President Everlene Baker,1st Vice President Doreen Robinson,2"d Vice President Josephine Casello June 30, 2018 Janet Dadia Secretary Dr.James Devoursney Michael Simon, Executive Director Larry Diljohn 710 N. Federal Highway Maureen Connolly Shannon Sharonda McClendon Boynton Beach, FL 33435 John E.McGovern,PhD Arturo Wittman RE: Sale of CCC Property Located at 145 NE 4t" Ave and Purchase of Advisory Board CRA Property NE 9t" Ave & NE 3rd St Harold Dom Meghan Hayes Dear Mr. Simon: Dr.Timothy Kehrig Nate Nichols,PhD Thank you for allowing us to take some time to really look at this project Dr.Mary Eliz Roth and for the assistance you've provided helping to resolve our need to Jane Snell create a new campus that allows for CCC to continue to be a valuable Staffing resource to the community. To do that, CCC needs to double its current Sherry Johnson,Executive Director combined spaces of 5,135 sf to 10,270 sf. The project on the NE 91h Ave 3 Michelle Davis-white,Senior Care parcels might be able to accommodate a 2-story, 9,000 sf structure due to Giving Coordinator required parking constraints. It would cost$2,033,925. The CCC has Tony Miller, Community outreach identified potential sources of funding totaling $875,000, leaving a gap of Rachel B Waterman, Grant Writer $1,158,925 for the CRA's consideration. This could be funded through the Social Services acquisition of our existing property located at 145 NE 4th Ave, and other Emergency Food,&Shelter CRA site development resources budgeted over the next two fiscal years: Senior Care Giving FY 2018/19 and 2019/20. Senior Veggie Mobile Home Delivered Meals Background Chronic Meal Plans CCC is faced with having out grown both the CCC offices site (1635 sf), as Economic Development well as, the business development &job training space (3500 sf). Not to Culinary Business Development& mention, our lease for the incubator is going to expire, and the landlord is Job Training Center preparing to start building his project very soon. So, it is imperative that this project be able to solve space issues for both programs. Urban Farming Proiect Children's Gardening&Nutrition In the last year, we have obtained grants and contracts for senior meals, Education Nutrition Cooking Classes chronic meal plans, and job training programs. CCC is now a United Way Food Preservation Classes funded organization with a 3-year chronic meals contract and CCC will be contracting with a major health care agency for a pilot program to provide FIX chronic meals for renal failure patients. This one program utilizes both the talent of our incubator chefs and integrates hands on BOYTO training and experience for our culinary food prep students. The " BEACH �r¢R► program is at its infancy this year and will provide 20,000 meals for this J1, one disease, however, there are plans for additional meal plans for other 77....... " chronic diseases, Tike chemotherapy patients. �f CCC requires enough space to accommodate 1) the growth of our small United way businesses and aos; an of Palm leash Cvunbid their y to d 2 p � ) the continued n0�i�fl "t�h��'w° expansion of our senior& chronic meals program. This includes the ^� ^ < Pal"'Beach County opportunity to incorporate job training classes to provide hands on COMMUNITY SERVICES experience, enhancing students ability to seek employment. Soca,jlSetvtcen 145 NE 411,Ave,Boynton Beach,FL 33435 EcovomtcPev.410 E. Boynton Beach Blvd.,Boynton Beach,FL 33435 M,W,F 9 arra to 1 pm Tues thru Friday 11 am to 5 pm 561.364.9501 ext 25 561.752.8598 CRA June 30, 2018 Letter Pg 2 Construction Stats Our combined square footage is 5,135 for the incubator and offices. We need to try to double that to allow for future programmatic growth for the agency. We have been working with a site planner, Caulfield and Wheeler, Mr. Allan Hendricks. We believe that we can get the first floor footprint on the 3 lots you are offering on NE 91h to about 5,200 sf and then consider going up to a 2nd floor for another 3,800 sf which might be as large as we can go and provide for all the required parking that will be needed. Looking at a site development of around 9,000 square feet, we obtained enough proposals to feel that the costs associated with the development this project would be approximately $2M. I'm attaching a preliminary project proforma to this letter you can refer to. TABLE: IDENTIFIED SOURCES OF PROJECT FUNDING Site Development $2,033,925 Costs: Funding Sources: CCC Fundraising/Capital $250,000 Campaign 1St Presby Delray $100,000 Lost Tree $100,000 Lattner $100,000 JMoran $ 50,000 Kresge $100,000 NY Comm Bank $ 75,000 Others $100,000 CCC Resources: $875,000 GAP $2,033,925 less $875,000 = $1,158,925 CRA purchase of CCC Property $ 750,000 CRA Site Development Grant $ 250,000 Additional funding shortfall $ 258,925 NOTES: Should our fundraising or grant applications not produce desired amounts, CCC has a $300,000 mortgage capacity. We are requesting that the CRA look at the $1,158,925 gap in financing as a multi-year commitment to the development of our new Small Business Development and Job Training Center. This could be budgeted over 2 consecutive years: FY 2018/19 $750,000 & FY 2019/20 $508,925. Things to consider would be items in the development of the site that could be paid by you like unification of title, alley abandonment, sidewalks, on street improvements, lighting, soil borings, surveys, and soil reports that we might be required as a developer to provide and possibly site development grants for things like engineering drawings, architecture, permitting costs, FPL fees, etc. Sincerely, S4e,tcly c7okreoir Sherry Johnson, Executive Director �\ � 0 0 . � \ k % \. �o : � } } } } 0 0 0 0 0 z 0 z 0i / ii \ / \ o + . � � . ) 2 LLI \ $ / / & 0 t § -% E LU LU 0 a 2 a \ 0 \ 7f % \ / \_ , % ) } k \ ( « R _ .E = G u 06 � d / ©§ g D � �ƒQ ® - ui - x C / u k � \ w , < , w 0 k v � O O IPI N c-I c-I c-I O O O O O O O O Ln O Ln Ln O Ln Ln Ln O I- N O O r-I I� Cl I� N M 00 to r r- N c-I N N N c-I ++ c c c c c 06 c > w co ++ a- b.0 co d i E d m c s d h0 U c (n 0 C c '41 .L 0 bb > c0 w O CL Z;i > m m c w .L w C in -0 _ O C N O w C c cco H bb '�, L 00 d C 'wD 0. co +� w c a f6 w W O w o :t @ N LU a o bb a� O � j w a w 0I u D O O O 00 N L' Q0 M M N O On O O- 0 Ln Ln 00 00 � O� Ln N M O 00 O c-I Ol N Ln c-I c-I l0 c-I c-I M M bO N C O C N w p u CO Q- Q- c0 0 N •L N +_ ++ (O N N d O U E NLL �. m O O O 06 L � C L 0 0 •� m N O Vf C U N Nbb Lu N V) to U W O m 0) 0 41 2 a LL W i — C r LL U = LL N i+ M N w y a+ W f0 W O L �? 0 W V) 41 mL Q' Q. Q. 0 N .Q H W ++ 41 2 ~ a a a 0 C ° 3 O O Ln O O O N O LnN O l0 Cl O 01 O M M O fYf O 00 ON M c-I c-I tn, O O O O O 0 Ln O O l0 O O O to CF) O N O 00 Lr l : M M O 01 O M O M ll 00 iN/4 M O N N C C i U 0 t c U m N i+ Q J LL V C 0 L C: E a O C 0 N Q N O L L Q 2 C C O1 ++ xbb CL w C C C O ^ W W N E b L N m0 Q a y (p -+ +' 41 Gl 7 C m N W 0 (n W OV t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 NEW BUSINESS AGENDAITEM: 14.A. SUBJECT: Consideration of the Rental Agreement with the Boynton Beach Garden Club for FY 2018/19 Meeting Dates at the Historic Woman's Club of Boynton Beach SUMMARY: On November 14, 2017, the CRA Board established the rental rates for the newly acquired Historic Woman's Club of Boynton Beach (HWCBB) and three non-profit organizations (Boynton Woman's Club, Boynton Beach Garden Club, and Boynton Beach Historical Society)which have historically used the facility as a location for their regular meetings and annual or fundraiser event (see Attachment I - November 14, 2017 Minutes). On January 18, 2018, the CRA Board waived the rental fee for the Boynton Beach Garden Club's regular meetings (11 total) for the remainder of their 2018 season (Attachment 11 - January18, 2018 Minutes). The Board did not waive additional service fees if events are held after CRA business hours or if they require additional services such as set-up/breakdown, staffing, security, or cleaning. These fees may be assessed by the CRA for larger events (over 60 people), events with a higher-impact or risk, and/or events with alcohol service. The Boynton Beach Garden Club has requested the use of the HWCBB, at no charge, for its regular meetings (18 total) for FY2018-2019. A representative of the Boynton Beach Garden Club has advised that their regular meetings will not exceed 60 people, are held between 8:30 A.M. and 5:30 P.M., and will not have alcohol service. The draft Rental Agreement and Rules and Regulations Manual with the Boynton Beach Garden Club for the HWCBB is attached for Board consideration (see Attachment 111). If the CRA Board approves the request for the rental at no charge, the in-kind value of the rental for the 18 meetings would be equivalent to $8,100 ($450 downstairs, non-weekend, local rental rate per meeting). The Boynton Beach Garden Club has agreed to clean the areas used for their meetings which saves them $3,600 ($200 per meeting). FISCAL IMPACT: $8,100 for in-kind value CRA P LAN/P ROJ ECT/P ROG RAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Allow the Boynton Beach Garden Club to use the Historic Woman's Club of Boynton Beach free of charge for its regular meetings (18 total) for FY 2018-2019 subject to execution of the Rental Agreement. 2. Do not allow the Boynton Beach Garden Club to use the Historic Woman's Club of Boynton Beach free of charge for its regular meetings (18 total)for FY 2018-2019. 3.Approval of alternative terms, conditions, or modifications to the Boynton Beach Garden Club's Rental Agreement for the Historic Woman's Club of Boynton Beach. ATTACHMENTS: Description D Attachment I - November 14, 2017 Minutes D Attachment II -January 18, 2018 Minutes D Attachment III - Rental Agreement& Rules and Regulations M anual Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 being evaluated. The disposal or selling or giving the property may not be required. He suggested the Board address the buffering requirements as opposed to the disposing of the property to the benefit of another property that would not be included in the CRA's affordable housing effort. Board direction is helpful so when they write the RFP, they can hone in on what the Board would like to see. Motion Board Member McCray thought there was too much occurring and wanted to table the matter until Board Member Casello was present. He noted they already have large projects the Board was subsidizing and the Board cannot keep going to the well. Chair Grant noted there are currently Land Development Regulation's (LDRs) in place and staff could conduct an analysis based on the LDRs what is outside of the building's area so there should not be a worry if they need a variance to build more than 10 to 15 feet closer to the current structure on the property line. Chair Grant spoke to Mr. Simon and Ms. Shutt about the vacant property owned by the Palm Beach County Housing Authority. He asked if the Board was interested in sending them a letter of intent as the property next to the Carolyn Sims Center could be included in the Cottage District. He wanted to include their land in the RFP and work together for affordable homes. The Housing Authority has access to HUD funds and others to make the project affordable. Board Member McCray liked the concept of expansion, but advised he does not want another project in Cherry Hill. He wanted only single-family homes constructed on property owned by the Palm Beach County Housing Authority. Board Member Romelus thought there was no need to rush the process and let the market dictate interest. She also favored moving on the Housing Authority property. Vice Chair Katz was in favor of approaching the Palm Beach County Housing Authority, but did not know if bundling random properties that are not part of this particular potential project was the best way to approach the matter. He supported obtaining all of their property because the Housing Authority was not doing anything with the land. Board Member Romelus seconded the motion to table the item. The motion unanimously passed. There was consensus to table the item for six months. G. Consideration of Naming Options, Rental Rates, and Schedule for Critical Repairs for the CRA-Owned Property Located at 1010 S. Federal Highway, formerly known as the Boynton Woman's Club Chair Grant explained the Board received three name options: The Major Nathan S. Boynton Center Building; The Historic Woman's Club of Boynton Beach; and The Addison of Boynton Beach. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Board Member McCray did not favor the first option as it sounds like a museum and he noted there are other Addison buildings. He liked The Historic Woman's Club of Boynton Beach. Chair Grant agreed as did Vice Chair Katz and Board Member Romelus. Chair Grant opened the item to comment. Pat Waldron, Boynton Woman's Club member, and Michele Walter, 11242 Quail Covey Road, President of the Boynton Woman's Club, thought the members would agree to the Historic Women's Club of Boynton Beach. She noted the building is on the Local Register and the Historic National Register and queried if the building was renamed, if staff would contact the Register and update its name. Ms. Shutt agreed to check. She asked if they could leave the name alone and locally call it the Boynton Woman's Club. Mr. Simon thought there would be no issue. They thanked the CRA as the sale went well and they appreciated all of staff's work. Ms. Walter asked if they could keep the name as is until they get information on what to do to keep it on the National Register. Chair Grant explained there needed to be a distinction and staff was seeking to avoid confusion between the organization and the CRA. Staff will bring back information. Ms. Shutt advised staff researched other facilities with similar uses and venues and provided the information in the meeting backup. In reference to the rental rates, staff had proposed rates with discounts for local residents and entities, and separate rates for the non-local entities. They have rates for weekend and non-weekend rentals and for the first floor, second floor or the entire building. The CRA would need to charge set up and clean up fees and typical ancillary charges. Staff also wants to bring back policies and procedures and are determining the appropriate amount of insurance renters would need to purchase for their event. Vice Chair Katz and Board Member McCray supported the request as presented. Chair Grant asked if the Boynton Woman's Club would have to pay the rental fee and learned if the organization is located in the district, they get the discounted rates for special events. Chair Grant wanted to look at alternative structures. Board Member McCray agreed. Chair Grant requested Mr. Simon come back to speak with the President of the Woman's Club what they would like to see for the future of the building. Chair Grant wanted the Woman's Club to continue to use the building for their meetings free of charge. They meet twice a month on Thursdays and will forward their schedule. They do not require any extra setup, and they clean up after their meetings. If there is a special event that requires setup, the Woman's Club would pay the fee and all will be formalized in an agreement. It was noted no gala was planned for 201712018, only the regular meetings. Chair Grant commented if the Woman's Club does decide to have one, there would be one complimentary rental and just pay the set-up fee. Ms. Waldron commented if they have a gala, they would partner with the City and CRA because the funds would go towards a special project for the building. The Woman's Club wanted to stay involved and assist with items the building may need. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Barbara Ready, 329 SW 13th Avenue, apprised the Board she is a member of the Board of Directors for the Boynton Beach Historical Society and they do not hold meetings every month. The Historical Society has used the Club for some of their meetings and their annual pot-luck dinner every May. She wanted to plant a seed as they are a non-profit and have made donations to the Women's Club and used the facility. She hoped they would receive some consideration regarding the pricing. Chair Grant noted organizations which have the words Boynton Beach or Boynton's name in it seemed to have been using the building for a long time. Kay Baker, 3303 Hayden Court, was present on behalf of the Boynton Beach Garden Club. At the invitation of the Woman's Club, the Garden Club has held meetings in the building for many years and in return, handled maintenance and the gardening around the building. They hoped they too would receive some type of consideration as a non- profit. They raise funds for scholarships and various activities, Accordingly, they do not have money. Chair Grant explained there were contracts not written associated with the Woman's Club and thought the Board would want to honor those informal agreements. They have to have a different government entity or non-profit rate. Vice Chair Katz explained the Board should accept the organizations that have used the facility and draw a line because every non-profit will want the same accommodation. Chair Grant emphasized this was for existing verbal contracts. The Woman's Club could provide a list and move forward with written contracts in the future. Ms. Waldron explained there was an understanding with the Garden Club and Historical Society. The Historical Society meets in the Library. They use the Woman's Club when the Library is closed on holidays. She also pointed out they do not know where the new Library will be placed temporarily in the future. Vice Chair Katz asked if there was anyone else who used the facility for an extended time, but learned they had in their rental rates, a lesser rate for non-profits. Vice Chair Katz recommended staff review the contracts and/or the understandings with the two organizations in relation to the Woman's Club, and grandfather them in so as to not be cost prohibitive. Many Women's Club members belong to the Garden Club and Historical Society. Ms. Shutt agreed to review the local and non-local rates, for residential and civic, and non—profits and for-profit groups. They would investigate special rates for the three existing non-profits that have used the building for years. The Boynton's Woman's Club will meet twice monthly, plus one complimentary gala and any other special events there will be set up and extra costs for clean-up. The Historical Society would hold their monthly meetings as well as considering a reduced rate for their annual pot-luck event in May and the Garden Club would use the building for their regular meetings and continue to meet there. There are different prices for rentals for local and 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 non-local organizations. There was no difference in price between local and non-local entities, only for-profit and non-profit entities. Mr. Simon explained the facilities the City owns acknowledges residents with a discount rate or a non-profit, which was what the CRA emulated. The policies were at the Board's discretion. The CRA prices were slightly less. Vice Chair Katz noted the Board was only waiving the rental fee for the complimentary gala and was not picking up the tab for the event. He supported the resident, non-resident rates, but did not support creating a profit or non-profit tier, as non-profits would flood the calendar. Chair Grant agreed as did Board Members McCray and Romelus. Staff will come back with a rental procedure for the three aforementioned entities. Ms. Shutt explained all but the reroofing or roof replacement will be done by the end of the year. The air conditioning will be replaced as would the waterproofing of the elevator pit. The mold remediation should also be finished by the end of the year. The initial estimate exceeded $25,000 and they have to issue an Invitation to Bid. The contract for the successful bidder will return to the Board in February. The improvements will take place between events. Ms. Waldron noted the roof was installed 11 years ago. Ms. Shutt explained roofing experts inspected the roof and indicated it needed work. Staff was getting a second opinion. The underlayment where the building meets the roof needs additional flashing. The elements and workmanship determines how long the roof actually lasts. Board Member Romelus asked if the Garden Club would continue to maintain the gardens at the facility and learned the Garden Club was moving on to community gardens. Mr. Simon clarified the grounds are maintained by a professional landscaping company. The Garden Club is welcome to have special projects. They planted Bouganvillia on the east side of the building and only assisted with the front garden when warranted. If time allows and someone wants, they will see what they could do. Mr. Simon suggested supporting a special project in return for use of the building. H. Project Update 211 E. Ocean Avenue Motion Vice Chair Katz moved to table the item until Board Member Casello was present. Chair Grant explained staff sent the developer a letter in September about the project and they filed paperwork, but the City indicated more work was needed. Mr. Simon reminded them of their obligation to move forward in a timely manner. Staff met with them to discuss issues they were having, sent an email outlining the discussion points and the issues with the City, and then had a meeting November 9t" with the City plan reviewers, and the architectural firm on the project. The building was difficult to convert to a full service 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 Motion Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. H. Consideration of the Standard Rental Agreement and Rules and Regulations for the Historic Woman's Club of Boynton Beach (Board Member Romelus left the dais at 8:53 p.m.) Ms. Shutt explained the Board had approved draft rules and regulations, subject to legal review. The rules and regulations is a living document that will allow staff to operate and manage the property and avoid risk as it pertains to alcohol and food service. The document will be an attachment to all rental contracts. The second part of the item was the standard rental agreement so staff can book events without having to return to the Board the venue is booked. Ms. Shutt explained the rental agreement talks about rental rates contained in the rules and regulations. She advised staff would like to bring those rates back to the Board every two years, similar to the Marina contract to evaluate the rental fees and the operation of additional services. Motion Vice Chair Katz moved to approve Item H, and approving and bundling Items I and J. He trusts staff to manage the property. Barbara Ready, 297 13th Avenue, Director of the Boynton Beach Historical Society, thanked the Board for considering the item and the reduction in the rates. The Historical Society budget was already set so they could not afford to rent the venue this year, but she hoped to ask their consideration for the same rate structure next year or the year after. Attorney Rossmell recommended including in the motion that staff can use the standard agreement as it sees fit without coming back to the Board. Motion Vice Chair Katz amended his prior motion to include the recommended language. Board Member McCray seconded the motion as amended that passed 4-0. (Board Member Romelus not present for the vote.) Mr. Simon thanked Ms. Shutt and Attorney Rossmell for their work on the review of this item and the prior item. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 I. Consideration of the Rental Agreement with the Boynton Woman's Club for the Historic Woman's Club of Boynton Beach J. Consideration of the Rental Agreement with the Boynton Beach Garden Club for the Historic Woman's Club of Boynton Beach K. Consideration of the Rental Agreement with the Boynton Beach Historic Society for the Historic Woman's Club of Boynton Beach - removed L. Update Regarding Purchase of 110 NW 6th Avenue Mr. Simon explained the CRA staff went through a tax deed auction for an approved purchase of a vacant parcel adjacent to a City-owned lot at the above address. The tax deed auction is not an easy process in which the CRA had not participated in the past. He advised the Property Appraiser's Office and the Tax Collector's technology simplified the process. The property was appraised at $36,700 and the Board approved a purchase price of no more than 20% above the appraised value which would make the maximum acquisition price $44,040. Yesterday CRA staff participated in the auction at Lewis Longman and Walker's Office and the CRA was the successful bidder. They acquired the property for $9,300. There were a few hundred dollars in administrative fees paid as well. Staff was very pleased. (Board Member Romelus returned at 8:59 p.m.) Mr. Simon noted there are future parcels the CRA is interested in acquiring that were set for auction in April or May. This will be on new business next month for plans for the property. Board Member McCray noted the Andrews House may be available. Chair Grant asked if the CRA was looking into foreclosure properties. Ms. Shutt explained staff wants to take a "first look." She has done this in the past through the Neighborhood Stabilization projects and programs. There are opportunities available to work ahead of time with several banks that are going through the pre-foreclosure process so they would the first look before going to the market. Staff would like to investigate the program further to avoid having to go through the bidding process. The participants are usually big banks such as Bank of America, Fannie Mae, Freddie Mac, Wells Fargo and others who service those mortgages as well. They have to pre-sign purchasing agreements with the banks. M. Project Update 211 E. Ocean Avenue Ms. Shutt explained at the December meeting, the Board had decided that CRA staff would contact the developer and notify them the Board expected revisions would be submitted to the City by December 2111 and if not, the outside date to submit a 21 BCDY NTON mmBEACH11,,,CRA HISTORIC WOMAN'S CLUB OF BOYNTON BEACH RENTAL AGREEMENT This Rental Agreement("Agreement")is hereby made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (the "CRA") and the _Boynton Beach Garden Club, Inc. ("Renter") (individually referred to as a "Party" collectively referred to as the "Parties"), for the rental of the Historic Women's Club of Boynton Beach (together with all associated property and grounds, the"Facility.") 1) Renter's Information: (Print all information. All blank spaces must be completed.) Renter's Name Boynton Beach Garden Club, Inc. Point of Contact(Name) Renter's Address City Boynton Beach State FL Zip Phone No. Alternate Phone No. Email Address: Purpose/Intended Use for Rental Regular Meetings of Boynton Beach Garden Club_("Event"). Renter is (check all that apply) Individual Civic _✓_Non-profit=✓ For Profit 2) Event Details. In this Agreement, each individual meeting of the Boynton Beach Garden Club is referred to as a "meeting" while the term Event refers to each meeting individually and all meetings collectively. The Event will take place during the following date(s) and time(s). Dates and times: September 18, 2018 9:30 am to 11:30 am September 25, 2018 1:00 pm to 3:30 pm October 16, 2018 9:30 am to 11:30 am October 23, 2018 1:00 pm to 3:30 pm November 20, 2018 9:30 am to 11:30 pm November 27, 2018 1:00 pm to 3:30 pm December 11, 2018 9:30 am to 11:30 am 00916697-2 Page I of 8 December 18, 2018 1:00 pm to 3:30 pm January 15,2019 9:30 am to 11:30 am January 22,2019 1:00 pm to 3:30 pm February 19,2019:30 am to 11:30 am February 26,2019 1:00 pm to 3:30 pm March 19,2019 9:30 am to 11:30 am March 26,2019 1:00 pm to 3:30 pm April 16,2019 9:30 am to 11:30 am April 23,2019 1:00 pm to 3:30 pm May 21,2019 9:30 am to 11:30 am May 28,2019 1:00 pm to 3:30 pm Approximate Number Attending Event: Over 18 yrs old Under 18 yrs old Describe Event Regular Meetings of Boynton Beach Garden Club The CRA reserves the right to reschedule any meeting for any reason upon 10 days written notice to Renter. List Equipment Needed N/A Will Alcohol be Served? Yes ✓ No READ THE ALCOHOL POLICY CAREFULLY-THERE ARE NO EXCEPTIONS TO THIS POLICY. If alcohol will be served, please list bonded & licensed caterer/bartender that will service Event. (Required) Phone License# Bond and/or Insurance Policy# Will Food be served? Yes No Will you need the Kitchen? Yes No Caterer Name Phone License# Bond and/or Insurance Policy# Additional Needs 3) Facility Information and Rates. The CRA will allow Renter to use the facilities selected below for the Event: 1st Floor only ✓ 2nd Floor only Entire Building The cost for the rental of such facilities shall be $0.00 ("Facility Fee"). 00916697-2 Page 2 of 8 A complete list of venue spaces and associated rates is found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A; however, because of Renter's historic relationship with the Facility, these fees are waived. 4) Additional Services and Fee. The CRA will provide the additional services selected below for a total cost of $0.00 ("Service Fee"). Set-up and break down Cleaning pre-Event and post-Event Access hours prior to the Event Access hours after the Event Staff members during the Event A complete breakdown of the costs associated with the Service Fee can be found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A. Renter may request additional services for specific meeting dates, and will pay the fees associated with such services in accordance with the version of the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual that exists at the time of the request for additional services. 5) Sales Tax. Florida state sales tax will be charged on the rental fee. Renters claiming exemption from sales tax must provide a copy of the Florida Department of Revenue Form DR-14 "Consumer's Certificate of Sales Tax Exemption." 6) Rental Fee. The total sum of the Facility Fee in Paragraph 3, the Service Fee in Paragraph 4, and sales tax in Paragraph 5 shall be the"Rental Fee." Rental Fee includes payment for the use of space, use of existing lighting and sound equipment, and the existing arrangement of tables and chairs. Any Payment must be made in cash,by money order,personal check, or by certified bank check made payable to the Boynton Beach CRA. 7) Security Fee. The Renter is / ✓ is not required to hire security based on Renter's representations in this Agreement and pursuant to the criteria outlined in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual. Security may be hired from the Palm Beach County Sherriff s Office, the City of Boynton Beach Police Department, or other CRA-approved security provider. 8) Care of Facility. After each meeting, the Renter is responsible for leaving the Facility in the same condition it was in prior to the meeting. Any costs to the CRA for clean-up or for repair or replacement required because of damage to the Facility caused by any Boynton Beach Garden Club meeting will be charged to and paid by the Renter. If Renter fails to care for the Facility as required by this paragraph, the CRA may terminate this Agreement. 00916697-2 Page 3 of 8 9) Inspection. A pre-Event and post-Event walkthrough inspection will be conducted by CRA staff with the Renter. The cost of any and all damage to the Facility, including the equipment, and costs incurred as a result of rule violations will be charged to and paid by Renter. Examples of damage and/or rule violations that will result charges to Renter include but are not limited to: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non-compliance of facility rules; unauthorized use of the kitchen or other spaces at the Facility; unauthorized extension of Event hours; improper storage of equipment; or failure to properly clean the kitchen and other facilities used for the Event. 10)Parking. The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required ten (10) days prior to the Event. 11)Copyright. Renter will assume responsibility, including financial responsibility, for all cost, liabilities and claims that arise from the use of patented, trademarked, franchised, or copyright music, materials, devices, processes or dramatic rights used in or incorporated in the Event. The Renter agrees to indemnify and hold harmless the CRA from any claims, damages, or costs, including legal fees for all legal work including appeals, which might arise from questions of use of any material described above. 12)Alcohol. Renter assumes all liability for serving and consumption of alcohol. State and local laws apply with regard to serving alcohol and alcohol consumption. The Renter is responsible for obtaining any permits or licenses necessary to sell and/or serve alcohol. Permit and license documents shall be submitted to the CRA no later than sixty (60) days prior to the Event. If alcohol is provided at the Event, liquor liability insurance will be required. The CRA reserves the right to discontinue the service of alcohol at any time during the Event. 13)Cancellation. All cancellations must be reported in writing immediately to the CRA. A meeting may be rescheduled one time if the Renter contacts the CRA in writing at least ninety (90)days prior to the original meeting date and provided a mutually-agreed upon alternate date is available. 14)Emergencies: The CRA reserves the right to cancel or reschedule an Event at any time, with or without prior notice due to emergency or prohibitive circumstances over which it has no control, such as Acts of God, hurricanes, damage to the Facility that renders it unsafe or unusable, or war. If a facility rental must be cancelled due to an emergency, the Renter may reschedule the Event at no additional charge, or will receive for a full refund of the Rental Fee. 00916697-2 Page 4 of 8 15)Compliance with Rules and Regulations. Renter will comply with all rules and regulations in Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual, a copy of which is attached hereto as Exhibit A. The most current version of the Historic Woman's Club Rules and Regulations Manual as it may exist from time to time is hereby incorporated as if fully set forth herein. Failure to comply with any rule or regulation shall be a material breach of this Agreement and the CRA may, in its sole discretion, elect to terminate this Agreement as the result of such breach. 16) Default. The failure of the Renter to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Renter fails to cure the default within seven (7) days of notice from the CRA or prior to the Event, whichever is sooner, the CRA may terminate this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Renter's breach or default. 17)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Renter from any cause whatsoever related to the Event or this Agreement, whether such damage or injury occurs before, during, or after the Event. The Renter hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Renter. This waiver,discharge,and release specifically include negligence by the CRA,its agents, or its employees, to the fullest extent the law allows. The CRA shall not be liable to Renter for any other damages of any type that Renter may incur as a result of cancellation, default, emergencies, rescheduling or of termination of this Agreement. 18)Indemnification. The Renter shall indemnify, defend, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand,suit,loss, cost,expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death and copyright or patent infringement, sustained by any person or entity whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the Event, or the negligent or wrongful conduct or the faulty equipment(including equipment installation and removal) of the Renter or this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Renter to indemnify the CRA for the CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 19)No Transfer. The Renter shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written,prior permission from the CRA. 20)Insurance. Renter will obtain all insurance required by the CRA. ✓ Insurance requirements may be waived at the discretion of the CRA Executive Director or his/her designee. In such cases, Renter must sign an indemnification and event 00916697-2 Page 5 of 8 attendees must sign a Hold Harmless and Waiver of Liability form releasing the CRA from any and all liability to the extent permitted by law. Additional insurance (e.g., insurance associated with serving alcohol) The Renter shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP') with the liability limit as described above. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as"Additional Insured"with respect to liability arising out of services performed by the Renter by or on behalf of the CRA or acts or omission of the Renter in connection with this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 If the Renter fails to provide evidence of insurance coverage within ten (10) days prior to the scheduled Event, the CRA may cancel the Event and the Renter will forfeit all rights to the refund of any monies paid to the CRA. The CRA reserves the right to ensure and require that the insurance coverages provided by the Renter are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Agreement, the CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the Renter agree to comply with the CRA's decision. The CRA also reserves the right to review, modify, or amend any required coverages,limits, and endorsements during the life of an agreement and any extensions thereof. The CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 21)No Discrimination. The Renter shall not discriminate against any person on the basis of race, color,religion, ancestry,national origin,age, sex,marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 22)No Partnership,Etc. The Renter agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. Itis specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the Event. The Renter will exercise its own judgment in matters of safety for itself and attendees of the Event. The Renter attests that it possesses a current personal accident and or personal health insurance policy. 00916697-2 Page 6 of 8 23)Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by the Parties. All prior and contemporaneous agreements,understandings, communications,conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 24)Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 25)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 26)Governing Law,Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with,the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 27)Independent Advice. The Parties declare that the terms of this Agreement and all Exhibits have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 28)Severability. If any part of this Agreement shall be declared unlawful or invalid,the remainder of the Agreement will continue to be binding upon the parties so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end this Agreement is declared severable. 29)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion and only as permitted by law, waive any requirement of the Renter contained in this Agreement. 30)Public Records. The Renter also understands that CRA may disclose any document in connection with this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 31)Compliance with Laws. In its performance under this Agreement, the Renter shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 00916697-2 Page 7 of 8 32)Effective Date and Termination. This Agreement will become effective at the date and time that the last parry signs this Agreement. This Agreement will automatically terminate after the May 22, 2018 meeting and any applicable final payment is received by the CRA,whichever is later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or reschedule any meeting pursuant to this Agreement. 33)Survival. The provisions of this Agreement regarding the content of the Event, copyright, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. Authorized Representative Printed Name Signature Date Please return the completed agreement to: CRA Executive Director c/o Historic Woman's Club of Boynton Beach 710 N. Federal Highway Boynton Beach, FL 33435 Phone (561) 737-3256 FOR OFFICE USE ONLY Reviewed by: Date: Approved: Notes: 00916697-2 Page 8 of 8 The Historic Woman's Club of Boynton Beach Exhibit A RULES AND REGULATIONS MANUAL r: Y t Owned and Operated by the tt ti>St i:: 111 VB, O YNO '. 00916719-1 TABLE OF CONTENTS GENERAL ADMINISTRATION........................ .................. 3 FACILITY USE POLICIES.............................. .................. 3 Reservations............................................................. 4 General Conditions.................................................... 4 STAFFING/VENDORS.................................... ................ 8 CATERING POLICY....................................... ................ 9 Catering Kitchen Overview............................................. 9 Clean ng/Access/Usage.............................................. 9 Facility, Equipment and Furnishings............................ 10 REGULATION OF ALCOHOL SERVICE POLICY................. 11 Introduction............................................................... 11 Policy....................................................................... 11 FACILITY RENTAL FEES................................................ 13 Additional Fees......................................................... 13 00916719-1 Page 2 of 14 GENERAL ADMINISTRATION The Historic Woman's Club of Boynton Beach (Facility) is available for rent throughout the year from the Boynton Beach Community Redevelopment Agency (CRA). The Facility may be reserved each year for events produced by the CRA. The CRA events are subject to change at the discretion of the CRA. Please check with CRA staff or designee for general availability. A meeting may be required prior to approval to discuss the reservation request. Viewing the Facility is by appointment only. Please contact the CRA at (561) 369-2300 or via email at WomansClubp_bbfl.us. CRA Office Hours- Monday-Friday 8.30 A.M. to 5.30 P.M. The CRA Office is closed on weekends and holidays. For purposes of this Rules and Regulations Manual and for any Rental Agreement, the term "Facility" includes the grounds, improvements, and all other property associated with the Facility, FACILITY USE POLICY The CRA welcomes organizations and individuals, hereinafter referred to as "a Renter," to reserve the Facility for public or private meetings and specific events/activities. The purpose of this policy is to provide guidelines specifically for the use of the Facility. This policy establishes the procedures to (1) reserve the use of the Facility; (2) provide for proper care of the Facility; and (3) ensure that the Renter's activities do not conflict with the Facility purposes and activities, state or federal laws, local ordinances, or policies adopted by the CRA. The first priority for reserving the facility will be given to the CRA. Charges and fees will be assessed for use of the Facility and will vary according on the Renter's address (local or non-local), amount of space required, date of the event, related services needed for the event and the organizational type of Renter (non-profit, civic, individual, for-profit). In order to preserve and protect the Facility and its guests, the CRA may, at its discretion, require the Renter to obtain additional security, custodial, or technical services based on the event. Fees for these services will be the responsibility of the Renter. The CRA does not discriminate on the basis of race, sex, color, religious affiliation, age, or national origin. Groups or organizations using the Facility may not deny admission to their activities based upon race, sex, color, religious affiliation, age, or national origin. Approval to use the Facility is not an endorsement by the CRA of the Renter's organization or group. 00916719-1 Page 3 of 14 Reservations 1) Reservations for Facility use shall be effectuated through a written Rental Agreement (the Agreement) only, are subject to availability of requested date, and shall be granted on a first-come, first-served basis. All events will begin and end at times specified in this document and Agreement. The Renter will be responsible to ensure that the event ends on time. Additional fees will be assessed, or deducted from any refundable deposit, for failure to vacate the Facility within the scheduled time. A completed Rental Agreement may be delivered to the CRA or emailed to WomansClubp_bbfl.us. 2) Individuals or organizations may rent the Facility for private functions; proof of residency/business location is required to rent the Facility at the "local" rate. 3) The CRA reserves the right to deny rental to any individual or organization which, in the opinion of the CRA, would be detrimental to the care of the Facility, safety of event attendees or reflect negatively on the CRA or Facility but will not deny rental on the basis of race, sex, color, religious affiliation, age, or national origin. 4) No space/date shall be held as a confirmed reservation for an event or placed on the Facility calendar until the Rental Fee Deposit is paid to the CRA. 5) Rental of Facility on holidays observed by the CRA may be subject to staffing availability. 6) Contracts must contain a legal signature of an adult (21 years and older), who shall be considered the Renter if the Renter is not an organization. If the Renter is an organization, the person signing the Agreement must be authorized to do so by that organization. The person signing the contract must be in attendance throughout the entire event. Renter is legally responsible for making sure all procedures are followed. It shall be the responsibility of the Renter to properly care for the Facility and all associated property. Renter is responsible for any and all damage to the Facility caused as a result of the event or his/her/its guests. 7) A Rental Agreement with a Renter may not be transferred or assigned to any other person or group without the approval of the CRA staff or designee. 8) Renter will identify the Facility in use by the full-specified name, i.e. the "Historic Woman's Club of Boynton Beach" on all printed material and advertising. No advertising or publicity of any nature may state or imply that CRA or Facility is responsible for Renter activities during the period of use. General Conditions 00916719-1 Page 4 of 14 1) Renter understands and agrees that CRA does not relinquish the right to control the management of Facility. The CRA retains the right to enforce all necessary laws, rules and regulations during an event. All CRA authorized personnel may enter the part(s) of the building being used and any other unused part(s) of the building at any time, including during any event, without restriction whatsoever. The Facility, including the space that is being used and all parking areas, will be at all times under the control of the CRA. 2) Renter and their guests must at all times conduct their activities with full regard to public safety and shall at all times abide by directives of the CRA staff, their representative(s), or any other duly authorized governmental official responsible for public safety. Failure to do so will result in immediate cancellation of the event and ejection from the Facility. 3) Renters and their guests shall not enter any area of the Facility not covered by the Rental Agreement. 4) The CRA reserves the right to withhold all or a portion of the Facility Damage Deposit and/or close an event if it determines that the Renter has misrepresented information on the Rental Agreement or related documents. Examples of such misrepresentations include, but are not limited to- failure to disclose the true nature of the event- exceeding the reported number of guests; and failure to report the sale or service of alcohol. 5) Access to the Facility is only allowed on the day of the event unless otherwise specified in the Rental Agreement. No access is permitted to the Facility prior to or after an event without advance permission of the appropriate CRA staff member or designee. 6) Music at the function/event must cease at 11.30 pm. The club building must be quietly vacated by 12.00 A.M. (midnight) due to proximity of a residential area. 7) The CRA assumes no responsibility for the property of any Renter or event attendee while it is located at the Facility, and is not responsible for holding or returning any property left at the Facility. CRA does not provide storage. Please make arrangements to remove all items and decorations at the conclusion of each event. CRA staff or contractor will dispose of any items left from events and a service charge may be applied for such removal and may be deducted from any refundable deposit. 8) All exit doors must remain operable and no part of any hallway, corridor or exit within or outside of the Facility may be used in a way that obstructs its use as an exit. No doors may be propped open at any time. 9) If the Renter or an attendee of Renter's event sets off the fire alarm purposefully 00916719-1 Page 5 of 14 when it is not necessary to do so or as a result of any unapproved activity, the Renter will be responsible for any costs or fines which result. 10) All tobacco products and electronic cigarettes (including vape pens) are prohibited on CRA property, including the Facility. 11) Firearms and weapons are not permitted at the Facility. 12) Gambling activity is prohibited in the Facility. 13) Political distribution of candidate or other political literature is prohibited unless the activity is part of a fundraising event held at the Facility subject to a Rental Agreement. 14) Hanging items- The use of bolts, staples, screws, nails, hooks, tacks, tape or similar fasteners or attachment to hang banners, posters, etc. on any wall, floor, ceiling, windows or doors is strictly prohibited. Renter may not hang anything from the fans or ceiling/rafters at any time. There are hooks and rods in the ceilings of the ballroom and the dining room specifically for this. Anything that needs to be removed from any walls will be done by the CRA. Nothing shall be attached or affixed in any way to the murals on the stage or in the dining room. 15) The use of confetti, bubbles, and the like are strongly discouraged and may cause the Renter to incur additional cleaning charges. Birdseed, rice, glitter, colored powders, silly string, fireworks (including sparklers), open flame candles (battery operated candles are permitted), or grills are not allowed. 16) Only Sterno-style heating elements used by an approved caterer are allowed to heat or keep food warm outside of the kitchen. 17) Live plants are subject to approval by CRA staff or designee. Silk and fresh cut flower arrangements are allowed. Plant saucers or waterproof wrapping must be provided by Renter on any plant, palms, or trees brought into the Facility by Renter and/or Renter's Caterer or attendees of the event. 18) No animals or pets (other than service animals) will be permitted inside the Facility unless pre-approved by the CRA staff or designee. 19) The CRA includes the use of tables and chairs in the rental price. Tables and chairs already in the room are to be arranged by the Renter. The rental fee does not cover the breakdown and storage of tables and chairs. No furniture will be moved from one floor to another by Renter. If this is needed, a floor plan will be requested and applicable set up/break-down fee will be charged. The Library table is not to be moved at all. Renter, Renter's caterer or other contractor, and/or attendees to Renter's event shall not remove tables, chairs or other equipment 00916719-1 Page 6 of 14 from the Facility. No tables and/or chairs are available for loan for off-site functions. 20) All other items to facilitate the event must be provided by Renter. 21) Standing on tables, chairs, and all Facility furniture is strictly prohibited. 22) For large events, Renters will be allowed extra time the following morning to remove the remainder of party effects, but everything must be gone by 10 am morning following the event, or a designated time approved by the CRA; otherwise $100 charge per hour will be assessed. 23) Renters are advised that the City of Boynton Beach has a sign ordinance. Any fines that result from illegal signage placed by the Renter will be the responsibility of the Renter. The use of all temporary signs or banners must be discussed and approved by the appropriate CRA staff or designee and the Renter must obtain a temporary signage permit if required by the City of Boynton Beach. 24) Operation, repair or service of audio-visual, sound, lighting and any other equipment brought into the Facility by the Renter is the sole responsibility of Renter. 25) No artwork can be removed or covered during any function. 26) Destruction or defacing of any CRA property or artwork will result in additional charges for repairs or replacement. 27) All garbage is to be put outside and the covers on the garbage pails closed. 28) Parking- The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the event. 00916719-1 Page 7 of 14 z x sm d'I�z 's r , r 29) The Kitchen area utilized by Renter or Renter's caterer is subject to the Catering Policy. It is the responsibility of the Renter to ensure that the caterer is aware of these requirements. 30) Alcohol may only be served or sold after receiving written pre-approval from the CRA, and subject to any restrictions imposed by the CRA and in compliance with the Facility's Regulation of Alcohol Service Policy. No brown bagging or "bring your own" permitted. STAFFINGIVENDORS 1) The CRA staff member(s), or designee, serving as the Event Manager is required to be on site for all events held in the Facility. Staff are on site to provide access to the Facility and are available to assist in making events successful. Staff members on duty are not responsible for resetting tables/chairs or providing post-event cleanup services. Those services will be arranged in advance and applicable fees will be the responsibility of the Renter. Please inform the CRA staff or designee on duty of any requests or needs that might arise, or in the event of an emergency. Additionally, the Event Manager has the full authority of the CRA to request the Renter and Renter's attendees maintain order. If the Event Manager feels that decorum or behavior is not maintained and the situation has become unmanageable, he/she is authorized to call the police to the Facility. 2) All events must be appropriately staffed according to the type of event. Specialty staffing can include, but is not limited to the following- lighting technician, sound technician, security, and custodians. 3) Applicable fees for security will be the responsibility of the Renter. The Renter may be required to hire a Palm Beach County Sheriff's Officer, a City of Boynton 00916719-1 Page 8 of 14 Beach Police Officer, or other CRA-approved security provider based on the use of the Facility, the anticipated duration of the event (including set-up and breakdown time), the number of people anticipated to be in attendance, the activities to occur at the event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Facility and surrounding areas. The number of security personnel for an event shall be determined by the CRA staff or designee. 4) While the CRA does not require Renter to utilize preferred vendors, outside vendors must be approved by the CRA staff or designee prior to event. CATERING POLICY The Facility does not provide in-house catering. It is the Renter's responsibility to sign and enter into a separate agreement with the caterer. All caterers must provide the Facility with proof of a current permanent permit issued by the Florida Department of Health before operating on the Facility premises. This document must be received sixty (60) days prior to event. If the caterer is serving alcohol, they must provide a copy of all appropriate alcohol permits required by the State of Florida sixty (60) days prior to the event. Catering Kitchen Overview 1) The caterer is responsible for acquiring and providing all necessary supplies for both serving and cleaning, including, but not limited to, paper towels, dishcloths, dish towels, hand soap, dish detergent, etc. The CRA does not supply any of these items. 2) All food and beverage brought into the Facility must be in closed containers, covered and with paper, plastic or cloth lids. 3) Ice chest(s) or any food coolers sitting on the floor must have plastic under them. The center does not have an ice machine and the Renter or Renter's caterer may need to provide ice for large events. 4) Because the kitchen is only a warming kitchen, all foods must be fully cooked before being brought into the Facility. Please do not place fish in the refrigerator. 5) Food preparation cannot include any open flame cooking inside the Facility. Sterno is the only heating element to be used inside the Facility. 6) Tables must be covered when food or drinks are being served. Cleaning/Access/Usage 00916719-1 Page 9 of 14 1) Counter tops, food preparation tables, and food service carts should be thoroughly cleaned after each use. 2) All floors must be swept and mopped (brooms, dustpans and mops are provided). Cleaning solutions must be provided by CRA. All trash must be bagged and put outside- recycling must be separated and placed in outdoor receptacles. Do not use bleach on floors. 3) All food products or empty food containers brought into the Facility by the Renter MUST be removed from the Facility at the conclusion of each event. No items may be stored overnight without prior permission. 4) At the conclusion of each event, it is the responsibility of the Renter or caterer to thoroughly clean any equipment used, including counter tops, microwaves and warmers. Please remember to turn OFF all appliances, except the refrigerator, before vacating the Facility. 5) Access to the kitchen is only allowed on the day of the event during rented hours. No access is permitted to the kitchen or any other area prior to or after an event without permission from the appropriate CRA staff or designee. 6) Should the event require the delivery of bulk food items, plates, linens, etc. prior to the event, such deliveries must be arranged in advance with the CRA staff or designee. The CRA will not unload, sign for, or accept deliveries from third parties. 7) Should the event require beverage delivery, alcohol or otherwise, please make arrangements with the appropriate CRA staff or designee for a delivery time and make provisions to have a designated person on site to receive the delivery. 8) It is the responsibility of the Renter, caterer, and bartender to keep the kitchen area clean and organized neatly during all events. Facility Equipment and Furnishings 1) If any loss or damage to CRA property occurs as a result of the event, the Rental Agreement, or otherwise related to the Renter's actions or inactions, the Renter shall be responsible for compensating the CRA for all such loss or damage. The CRA shall determine, in its sole discretion, whether the damaged property is to be repaired or replaced. Any refundable deposit held shall be applied to the cost of repair or replacement, and additional costs to repair or replace lost or damaged items in excess of deposit shall be paid by Renter. All repair and replacement shall be conducted or contracted for by the CRA, and Renter shall not attempt to repair, replace, or hire another to repair or replace any damaged property without the prior, express, written permission of the CRA. 2) Facility tables and chairs are for use inside the building only. 00916719-1 Page 10 of 14 3) Additional furniture required for an event must be approved by the CRA staff or designee. The cost of the additional furniture must be paid directly to the supplier by the Renter. 4) Any equipment rented from an outside source must be removed at the end of the event. Renter will be required to pay the cost of removal if necessary. The CRA is not responsible for any items rented or brought in from an outside vendor/supplier. 5) The CRA will not lend any furniture for matters occurring away from the Facility. 6) The CRA does not provide storage of any kind within the Facility. REGULATION OF ALCOHOL SERVICE POLICY Introduction Policies and procedures governing the service of alcohol in the Facility must be followed by Renter, Renter's event/attendees, Renter's staff or members, Renter's caterers, and all others using/attending an event in the Facility. Illegal and/or abusive alcohol practices will not be tolerated. All laws of the United States government or state of Florida regarding alcohol, including licensing requirements, will be followed. Approved service (including sale) for alcohol is restricted only to events held at the Facility in designated areas. Policy Renters, both organizations and individuals, may request to provide alcohol service. In order to provide alcohol services, the Renter must adhere to the following: 1) Renters will submit a completed "Application to Provide Alcohol Services" to the CRA if alcohol is sold for consumption on the premise. An application and more information can be found at the Florida Division of Alcoholic Beverages and Tobacco: http://www.myfloridalicense.com/DBPR/abt/ABT-Licenselnformation.html 2) Renter will submit a copy of a liability insurance policy showing liability for any matters arising from serving alcohol. The liability policy shall meet the minimum value of required coverage and will name the CRA and the Facility as additional insured. The Renter will assume all liability and will execute a hold harmless agreement in favor of the CRA and Facility. The certificate of liability insurance must be submitted to the Facility no later than ten (10) days prior to the scheduled event. 00916719-1 Page 11 of 14 3) All alcohol will be served by an approved certified bartender and/or licensed insured caterer if alcohol is sold for consumption on the premise. All bartenders and caterers must provide documentation for certification or license, and bond and/or insurance. 4) A non-profit organization may sell beer and wine at a single fund-raising event of that organization. Renter must obtain a Special Permit for Sale of Alcohol from the Special Permit from the Florida Division of Alcoholic Beverages and Tobacco and include liquor liability coverage in the required liability insurance policy. The Renter may then contract with a certified bartender/caterer to sell the beer and/or wine at a single fund-raising event. Bartender must provide proof of certification no later than ten (10) days prior to event. If a non-profit organization contracts with a caterer for bartending services, caterer must provide proof of Florida license and liquor liability insurance no later than ten (10) days prior to event. 5) No alcohol will be offered on a self-service basis. No brown bagging or "bring your own" is permitted. 6) Events where alcohol is served may be required to have one or more uniformed security officers present. Cost for officers on duty will be the responsibility of the Renter. The CRA staff or designee will determine the number of officers required. 7) The certified bartender and/or licensed insured caterer will be responsible for limiting alcohol consumption to legally allowable limits. 8) The certified bartender and/or licensed insured caterer shall not serve alcohol to any person under twenty-one (21) years of age, to any CRA staff or designee or hired staff working the event, and must require proper identification prior to service. 9) All alcohol service (including all sales) will stop 30 minutes prior to the end of event. 10) The CRA has the right at any time during an event to stop the service (including sale) of alcohol if the CRA staff or designee deem necessary. CRA staff or designee reserves the right to eject or cause to be ejected from the premises any intoxicated or any disorderly person(s), and neither the CRA, the City of Boynton Beach nor any of its officers, agents or employees shall be liable for any damage that may be sustained by the Renter by the exercise of such right. 00916719-1 Page 12 of 14 FACILITY RENTAL FEES Venue Space Non-Local Local Day of Event (including Kitchen) Weekend $750 $675 1St Floor Non-Weekend $500 $450 Weekend $2,250 $2,025 2nd Floor Non-Weekend $1,500 $1,350 Weekend $3,000 $2,700 Entire Building Non-Weekend $2,000 $1,800 The following entities are eligible to rent the Facility: Local Individual- An individual whose home address is located within the City limits of Boynton Beach. Residency is subject to verification by staff. Non-local Individual- An individual who does not reside within the City limits of Boynton Beach. Non-profit: A business entity that is granted tax-exempt status by the Internal Revenue Service. Civic- A government entity, service club, fraternal/sorority society, or association operating for educational or community purposes. For-profit: A business entity that aims to earn profit through its operations and is concerned with its own interests and not those of the general public Additional Fees SET-UP/BREAK-DOWN AND CLEANING FEES Venue Space Set-Up and Break- Cleaning Pre- and Total (including Kitchen) Down Post-Event (tables and chairs) 1St Floor East Side $100 $200 $300 1St Floor West Side $100 $200 $300 00916719-1 Page 13 of 14 2nd Floor $200 $400 E $600 Entire Building $400 $800 $1,200 MISCELLANEOUS FEES Staffing $25/hr. Pre- and post- event access $50/hr. By my signature, I agree to comply with all rules, regulations, laws, ordinances of the City of Boynton Beach and CRA policies in regard to the rental and/or use of the Facility. Print Name of Renter- Signature of Renter- Date- 00916719-1 Page 14 of 14 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration of Use of the Historic Woman's Club of Boynton Beach for Two Community Caring Center of Greater Boynton Beach, Inc. Events SUMMARY: On June 19, 2018 the Community Caring Center of Greater Boynton Beach, Inc. (CCC) requested the use, at no charge, of the Historic Woman's Club of Boynton Beach for two upcoming events. The CCC's email request is included as Attachment 1. Staff confirmed with Michelle White of the CCC that the facility will be used for the following events: • October 8, 2018 from 11:00 a.m. to 2:00 p.m. - Senior Care Program-Strength, Balance and Nutrition Panel Discussion. Food will be served and valet service will be provided. Approximately 70 attendees are expected. • February 12, 2019 from 11:00 a.m. to 2:00 p.m - Giving Back to our Elders. Food will be served and valet service will be provided. Approximately 80-90 attendees are expected. The CCC will be required to enter into a rental agreement based on the terms approved by the CRA Board. A copy of the standard Rental Agreement and Rules and Regulations Manual for the Historic Woman's Club of Boynton Beach is provided as Attachment 11. If the CRA Board approves the request for the rental at no charge, the in-kind value of the rental for the two events would be equivalent to $900 ($450 downstairs, non-weekend, local rental rate per event). FISCAL IMPACT: $400 for cleaning fees and $900 for in-kind value. CRA P LAN/P ROJ ECT/P ROG RAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Allow the Community Caring Center of Greater Boynton Beach, Inc. (CCC) to use of the Historic Woman's Club of Boynton Beach free of charge for the Senior Care Program-Strength, Balance and Nutrition Panel Discussion event on October 8, 2018 and the Giving Back to our Elders event on February 12, 2019 subject to execution of the Rental Agreement and payment of the $200 cleaning fee for each event. 2. Do not allow the Community Caring Center of Greater Boynton Beach, Inc. (CCC) to use of the Historic Woman's Club of Boynton Beach free of charge for the Senior Care Program- Strength, Balance and Nutrition Panel Discussion event on October 8, 2018 and the Giving Back to our Elders event on February 12, 2019. 3. Approve alternative terms, conditions, or modifications for the Community Caring Center for the rental of the Historic Woman's Club of Boynton Beach. ATTACHMENTS: Description D Attachment I - Email Request from CCC D Attachment II - Rental Agreement& Rules and Regulations M anual Utterback, Theresa From: Ann McCurdy <pharaleemccurdy@gmail.com> Sent: Tuesday, June 19, 2018 4:15 PM To: SimonM@bbflus.us; Utterback, Theresa;Angels4seniorcare@yahoo.com Subject: Permission for the Boynton Woman's Club Follow Up Flag: Follow up Flag Status: Flagged Please consider this as a request to use the Boynton Woman's Club on October 8th and February 12th. Both events will begin at 11 and go to 2:00 p.m.. Any questions, or concerns. Please call Michelle White at 561-275-0379. Thanking you in advance for your cooperation. Ann McCurdy Lord, let me live from day to day, to such a self-forgetful way,That even when I keel to pray, My prayer will be for others. i BCDY NTON mmBEACH11,,,CRA HISTORIC WOMAN'S CLUB OF BOYNTON BEACH RENTAL AGREEMENT This Rental Agreement ("Agreement") is hereby made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part HI, of the Florida Statutes, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (the"CRA") and ("Renter") (individually referred to as a "Party" collectively referred to as the "Parties"), for the rental of the Historic Women's Club of Boynton Beach(together with all associated property and grounds, the "Facility.") 1) Renter's Information: (Print all information. All blank spaces must be completed.) Renter's Name Point of Contact (Name) Renter's Address City State Zip Phone No. Alternate Phone No. Email Address Purpose/Intended Use for Rental ("Event"). Renter is (check all that apply) Individual Civic Non-profit For Profit 2) Event Details. The Event will take place during the following date(s) and time(s). Date(s): Time(s) (indicate A.M. or P.M.): Time In Event Start Time End Time Time Out Approximate Number Attending Event: Over 18 yrs old Under 18 yrs old Describe Event List Equipment Needed Page 1 of 9 Will alcohol be served? Yes No *READ THE ALCOHOL POLICY CAREFULLY - THERE ARE NO EXCEPTIONS TO THIS POLICY. If alcohol will be served, please list bonded & licensed caterer/bartender that will service Event. (Required) Phone License 4 Bond and/or Insurance Policy 4 Will Food be served? Yes No Will you need the Kitchen? Yes No Caterer Name Phone License 4 Bond and/or Insurance Policy 4 Additional Needs 3) Facility Information and Rates. The CRA will allow Renter to use the facilities selected below for the Event: 1st Floor only 2nd Floor only Entire Building The cost for the rental of such facilities shall be ("Facility Fee"). A complete list of venue spaces and associated rates is found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A. 4) Additional Services and Fee. The CRA will provide the additional services selected below for a total cost of ("Service Fee"). Set-up and break down Cleaning pre-Event and post-Event Access hours prior to the Event Access hours after the Event Staff members during the Event A complete breakdown of the costs associated with the Service Fee can be found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A. Page 2 of 9 5) Sales Tax. Florida state sales tax will be charged on the rental fee. Renters claiming exemption from sales tax must provide a copy of the Florida Department of Revenue Form DR-14 "Consumer's Certificate of Sales Tax Exemption." 6) Rental Fee. The total sum of the Facility Fee in Paragraph 3, the Service Fee in Paragraph 4, and sales tax in Paragraph 5 shall be the "Rental Fee." Rental Fee includes payment for the use of space, use of existing lighting and sound equipment, and the existing arrangement of tables and chairs. Payment must be made in cash, by money order, personal check, or by certified bank check made payable to the Boynton Beach CRA. 7) Rental Fee Deposit. Fifty percent (50%) of the Rental Fee must be received no later than three (3) days after execution of the rental agreement by the CRA in order to reserve the Facility for the Event. 8) Balance Payment. The remaining fifty percent (50%) balance must be paid ten (10) days prior to the Event. Failure to make balance payment will result in Event cancellation. 9) Security Fee. The Renter is / is not required to hire security based on Renter's representations in this Agreement and pursuant to the criteria outlined in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual. Security may be hired from the Palm Beach County Sherriff s Office, the City of Boynton Beach Police Department, or other CRA-approved security provider. 10)Facility Damage Deposit. In addition to the Rental Fee, Renter will pay a refundable deposit of $1,000 ("Facility Damage Deposit"). If the Event is cancelled, the Renter defaults, or this Agreement is otherwise terminated, the Facility Damage Deposit will not be refunded to the Renter unless otherwise provided in this Agreement. The deposit must be received no later than three (3) days after execution of this Agreement by the CRA. If the Facility Damage Deposit is to be refunded, the CRA will issue such refund within 30 days of the termination of the Agreement. 11)Care of Facility. The Renter is responsible for leaving the Facility in the same condition it was in prior to the Event. Any costs to the CRA for clean-up or for repair or replacement required because of damage to the Facility caused by the Event will be deducted from the Facility Damage Deposit. Any remaining Facility Damage Deposit will be refunded thirty (30) days after the Event. 12)Inspection. A pre-Event and post-Event walkthrough inspection will be conducted by CRA staff with the Renter. The cost of any and all damage to the Facility, including the equipment, and costs incurred as a result of rules violations will be deducted from the Facility Damage Deposit. Examples of damage and/or rule violations that will result in deduction from the Facility Damage Deposit include but are not limited to: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non- compliance of facility rules; unauthorized use of the kitchen or other spaces at the Facility; unauthorized extension of Event hours; improper storage of equipment; or failure to properly clean the kitchen and other facilities used for the Event. Page 3 of 9 13)Parking. The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the Event. 14)Copyright. Renter will assume responsibility, including financial responsibility, for all cost, liabilities and claims that arise from the use of patented, trademarked, franchised, or copyright music, materials, devices, processes or dramatic rights used in or incorporated in the Event. The Renter agrees to indemnify and hold harmless the CRA from any claims, damages, or costs, including legal fees for all legal work including appeals, which might arise from questions of use of any material described above. 15)Alcohol. Renter assumes all liability for serving and consumption of alcohol. State and local laws apply with regard to serving alcohol and alcohol consumption. The Renter is responsible for obtaining any permits or licenses necessary to sell and/or serve alcohol. Permit and license documents shall be submitted to the CRA no later than sixty (60) days prior to the Event. If alcohol is provided at the Event, liquor liability insurance will be required. The CRA reserves the right to discontinue the service of alcohol at any time during the Event. 16)Cancellation. All cancellations must be reported in writing immediately to the CRA. In the Event of a cancellation sixty (60) or more days prior to the Event date, the Renter will receive a full refund of the Rental Fee, less an administrative fee of twenty percent (20%) of the Rental Fee. If a cancellation is made more than thirty (30) days but less than sixty (60) days prior to the Event, the Renter will receive a fifty percent (50%) refund of the Rental Fee. If an Event is scheduled less than 30 days prior to the Event date, the Rental Fee is not subject to a refund. No refund will be given if thirty (30) days' or less notice of the cancellation is given. The Event may be rescheduled one time if the Renter contacts the CRA in writing at least ninety (90) days prior to the original Event date and provided a mutually-agreed upon alternate date is available. Rescheduling requires a non-refundable payment in full of all Rental Fees at the time of rescheduling. 17)Emergencies: The CRA reserves the right to cancel or reschedule an Event at any time, with or without prior notice due to emergency or prohibitive circumstances over which it has no control, such as Acts of God, hurricanes, damage to the Facility that renders it unsafe or unusable, or war. If a facility rental must be cancelled due to an emergency, the Page 4 of 9 Renter may reschedule the Event at no additional charge, or will receive for a full refund of the Rental Fee. 18)Compliance with Rules and Regulations. Renter will comply with all Historic Woman's Club of Boynton Beach Rental Rules and Regulations, a copy of which is attached hereto as Exhibit A and hereby incorporated as if fully set forth herein. Failure to comply with any rule or regulation shall be a material breach of this Agreement and the CRA may, in its sole discretion, elect to terminate this Agreement as the result of such breach. 19) Default. The failure of the Renter to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Renter fails to cure the default within seven (7) days of notice from the CRA or prior to the Event, whichever is sooner, the CRA may terminate this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Renter's breach or default. 20)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Renter from any cause whatsoever related to the Event or this Agreement, whether such damage or injury occurs before, during, or after the Event. The Renter hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Renter. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. The CRA shall not be liable to Renter for any other damages of any type that Renter may incur as a result of cancellation, default, emergencies, rescheduling or of termination of this Agreement. 21)Indemnification. The Renter shall indemnify, defend, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death and copyright or patent infringement, sustained by any person or entity whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the Event, or the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Renter or this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Renter to indemnify the CRA for the CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 22)No Transfer. The Renter shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written,prior permission from the CRA. 23)Insurance. Renter will obtain the following insurance (select all that apply): Nonprofits/Business Entities: An existing general liability insurance policy. In addition, Renter must provide a certificate of liability insurance naming the CRA as Page 5 of 9 additional insured, with at least one million dollars ($1,000,000) in general liability coverage and at least one million dollars ($1,000,000) in an umbrella policy. If alcohol is served, the group shall provide a certificate of liability insurance naming the CRA as additional insured, with at least one million dollars ($1,000,000) in general liability coverage and at least two million dollars ($2,000,000) in an umbrella policy. For additional requirements, see Historic Woman's Club of Boynton Beach alcohol policy. Individual (Private Citizen) Medium/Large Event (over 60 people): Either an existing general liability insurance policy, or a "Special Event" policy with a certificate of liability insurance naming the CRA as additional insured, with at least one million dollars ($1,000,000) per occurrence in Special Event Liability coverage, with at least one million dollars ($1,000,000) in General Aggregate, and with at least two hundred fifty thousand dollars ($250,000) in Property Damage Liability Sublimit for the Historic Woman's Club of Boynton Beach. If alcohol is served, the group shall provide a Liquor Liability Coverage naming the CRA as additional insured, with at least one million dollars ($1,000,000) in general liability coverage and at least one million dollars ($1,000,000)in General Aggregate. Individual (Private Citizen) Small Event (up to 60 people): Insurance requirements may be waived at the discretion of the CRA Executive Director or his/her designee. In such cases, a Hold Harmless and Waiver of Liability form must be signed releasing the CRA from any and all liability. Additional insurance (e.g., insurance associated with serving alcohol) The Renter shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP') with the liability limit as described above. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Renter by or on behalf of the CRA or acts or omission of the Renter in connection with this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 If the Renter fails to provide evidence of insurance coverage within ten (10) days prior to the scheduled Event, the CRA may cancel the Event and the Renter will forfeit all rights to the refund of any monies paid to the CRA. Page 6 of 9 The CRA reserves the right to ensure and require that the insurance coverages provided by the Renter are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Agreement, the CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the Renter agree to comply with the CRA's decision. The CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 24)No Discrimination. The Renter shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 25)No Partnership, Etc. The Renter agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the Event. The Renter will exercise its own judgment in matters of safety for itself and attendees of the Event. The Renter attests that it possesses a current personal accident and or personal health insurance policy. 26)Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by the Parties . All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 27)Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 28)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. Page 7 of 9 29)Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 30)Independent Advice. The Parties declare that the terms of this Agreement and all Exhibits have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 31)Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end this Agreement is declared severable. 32)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion and only as permitted by law, waive any requirement of the Renter contained in this Agreement. 33)Public Records. The Renter also understands that CRA may disclose any document in connection with this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 34)Compliance with Laws. In its performance under this Agreement, the Renter shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 35)Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement. This Agreement will automatically terminate after the Event and final payment is received by the CRA, whichever is later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or reschedule the Event pursuant to this Agreement. 36)Survival. The provisions of this Agreement regarding the content of the Event, copyright, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. Authorized Representative Printed Name Signature Date Please return the completed agreement to: CRA Executive Director c/o Historic Woman's Club of Boynton Beach 710 N. Federal Highway Boynton Beach, FL 33435 Phone(561) 737-3256 Page 8 of 9 FOR OFFICE USE ONLY Reviewed by: Date: Approved: Notes: Page 9 of 9 The Historic Woman's Club of Boynton Beach Exhibit A RULES AND REGULATIONS MANUAL t m j �a r � r Owned and Operated by the ftp FB` 0 S, s b Y'NTON BEAC ' 00916719-1 TABLE OF CONTENTS GENERAL ADMINISTRATION.......................................... 3 FACILITY USE POLICIES................................................ 3 Reservations............................................................. 4 General Conditions.................................................... 4 STAFFING/VENDORS.................................................... 8 CATERING POLICY....................................................... 9 Catering Kitchen Overview............................................. 9 Cleaning/Access/Usage.............................................. 9 Facility, Equipment and Furnishings............................ 10 REGULATION OF ALCOHOL SERVICE POLICY................. 11 Introduction............................................................... 11 Policy....................................................................... 11 FACILITY RENTAL FEES................................................ 13 Additional Fees......................................................... 13 00916719-1 Page 2 of 14 GENERAL ADMINISTRATION The Historic Woman's Club of Boynton Beach (Facility) is available for rent throughout the year from the Boynton Beach Community Redevelopment Agency (CRA). The Facility may be reserved each year for events produced by the CRA. The CRA events are subject to change at the discretion of the CRA. Please check with CRA staff or designee for general availability. A meeting may be required prior to approval to discuss the reservation request. Viewing the Facility is by appointment only. Please contact the CRA at (561) 369-2300 or via email at WomansClubp_bbfl.us. CRA Office Hours- Monday-Friday 8.30 A.M. to 5.30 P.M. The CRA Office is closed on weekends and holidays. For purposes of this Rules and Regulations Manual and for any Rental Agreement, the term "Facility" includes the grounds, improvements, and all other property associated with the Facility, FACILITY USE POLICY The CRA welcomes organizations and individuals, hereinafter referred to as "a Renter," to reserve the Facility for public or private meetings and specific events/activities. The purpose of this policy is to provide guidelines specifically for the use of the Facility. This policy establishes the procedures to (1) reserve the use of the Facility; (2) provide for proper care of the Facility; and (3) ensure that the Renter's activities do not conflict with the Facility purposes and activities, state or federal laws, local ordinances, or policies adopted by the CRA. The first priority for reserving the facility will be given to the CRA. Charges and fees will be assessed for use of the Facility and will vary according on the Renter's address (local or non-local), amount of space required, date of the event, related services needed for the event and the organizational type of Renter (non-profit, civic, individual, for-profit). In order to preserve and protect the Facility and its guests, the CRA may, at its discretion, require the Renter to obtain additional security, custodial, or technical services based on the event. Fees for these services will be the responsibility of the Renter. The CRA does not discriminate on the basis of race, sex, color, religious affiliation, age, or national origin. Groups or organizations using the Facility may not deny admission to their activities based upon race, sex, color, religious affiliation, age, or national origin. Approval to use the Facility is not an endorsement by the CRA of the Renter's organization or group. 00916719-1 Page 3 of 14 Reservations 1) Reservations for Facility use shall be effectuated through a written Rental Agreement (the Agreement) only, are subject to availability of requested date, and shall be granted on a first-come, first-served basis. All events will begin and end at times specified in this document and Agreement. The Renter will be responsible to ensure that the event ends on time. Additional fees will be assessed, or deducted from any refundable deposit, for failure to vacate the Facility within the scheduled time. A completed Rental Agreement may be delivered to the CRA or emailed to WomansClubp_bbfl.us. 2) Individuals or organizations may rent the Facility for private functions; proof of residency/business location is required to rent the Facility at the "local" rate. 3) The CRA reserves the right to deny rental to any individual or organization which, in the opinion of the CRA, would be detrimental to the care of the Facility, safety of event attendees or reflect negatively on the CRA or Facility but will not deny rental on the basis of race, sex, color, religious affiliation, age, or national origin. 4) No space/date shall be held as a confirmed reservation for an event or placed on the Facility calendar until the Rental Fee Deposit is paid to the CRA. 5) Rental of Facility on holidays observed by the CRA may be subject to staffing availability. 6) Contracts must contain a legal signature of an adult (21 years and older), who shall be considered the Renter if the Renter is not an organization. If the Renter is an organization, the person signing the Agreement must be authorized to do so by that organization. The person signing the contract must be in attendance throughout the entire event. Renter is legally responsible for making sure all procedures are followed. It shall be the responsibility of the Renter to properly care for the Facility and all associated property. Renter is responsible for any and all damage to the Facility caused as a result of the event or his/her/its guests. 7) A Rental Agreement with a Renter may not be transferred or assigned to any other person or group without the approval of the CRA staff or designee. 8) Renter will identify the Facility in use by the full-specified name, i.e. the "Historic Woman's Club of Boynton Beach" on all printed material and advertising. No advertising or publicity of any nature may state or imply that CRA or Facility is responsible for Renter activities during the period of use. General Conditions 00916719-1 Page 4 of 14 1) Renter understands and agrees that CRA does not relinquish the right to control the management of Facility. The CRA retains the right to enforce all necessary laws, rules and regulations during an event. All CRA authorized personnel may enter the part(s) of the building being used and any other unused part(s) of the building at any time, including during any event, without restriction whatsoever. The Facility, including the space that is being used and all parking areas, will be at all times under the control of the CRA. 2) Renter and their guests must at all times conduct their activities with full regard to public safety and shall at all times abide by directives of the CRA staff, their representative(s), or any other duly authorized governmental official responsible for public safety. Failure to do so will result in immediate cancellation of the event and ejection from the Facility. 3) Renters and their guests shall not enter any area of the Facility not covered by the Rental Agreement. 4) The CRA reserves the right to withhold all or a portion of the Facility Damage Deposit and/or close an event if it determines that the Renter has misrepresented information on the Rental Agreement or related documents. Examples of such misrepresentations include, but are not limited to- failure to disclose the true nature of the event- exceeding the reported number of guests; and failure to report the sale or service of alcohol. 5) Access to the Facility is only allowed on the day of the event unless otherwise specified in the Rental Agreement. No access is permitted to the Facility prior to or after an event without advance permission of the appropriate CRA staff member or designee. 6) Music at the function/event must cease at 11.30 pm. The club building must be quietly vacated by 12.00 A.M. (midnight) due to proximity of a residential area. 7) The CRA assumes no responsibility for the property of any Renter or event attendee while it is located at the Facility, and is not responsible for holding or returning any property left at the Facility. CRA does not provide storage. Please make arrangements to remove all items and decorations at the conclusion of each event. CRA staff or contractor will dispose of any items left from events and a service charge may be applied for such removal and may be deducted from any refundable deposit. 8) All exit doors must remain operable and no part of any hallway, corridor or exit within or outside of the Facility may be used in a way that obstructs its use as an exit. No doors may be propped open at any time. 9) If the Renter or an attendee of Renter's event sets off the fire alarm purposefully 00916719-1 Page 5 of 14 when it is not necessary to do so or as a result of any unapproved activity, the Renter will be responsible for any costs or fines which result. 10) All tobacco products and electronic cigarettes (including vape pens) are prohibited on CRA property, including the Facility. 11) Firearms and weapons are not permitted at the Facility. 12) Gambling activity is prohibited in the Facility. 13) Political distribution of candidate or other political literature is prohibited unless the activity is part of a fundraising event held at the Facility subject to a Rental Agreement. 14) Hanging items- The use of bolts, staples, screws, nails, hooks, tacks, tape or similar fasteners or attachment to hang banners, posters, etc. on any wall, floor, ceiling, windows or doors is strictly prohibited. Renter may not hang anything from the fans or ceiling/rafters at any time. There are hooks and rods in the ceilings of the ballroom and the dining room specifically for this. Anything that needs to be removed from any walls will be done by the CRA. Nothing shall be attached or affixed in any way to the murals on the stage or in the dining room. 15) The use of confetti, bubbles, and the like are strongly discouraged and may cause the Renter to incur additional cleaning charges. Birdseed, rice, glitter, colored powders, silly string, fireworks (including sparklers), open flame candles (battery operated candles are permitted), or grills are not allowed. 16) Only Sterno-style heating elements used by an approved caterer are allowed to heat or keep food warm outside of the kitchen. 17) Live plants are subject to approval by CRA staff or designee. Silk and fresh cut flower arrangements are allowed. Plant saucers or waterproof wrapping must be provided by Renter on any plant, palms, or trees brought into the Facility by Renter and/or Renter's Caterer or attendees of the event. 18) No animals or pets (other than service animals) will be permitted inside the Facility unless pre-approved by the CRA staff or designee. 19) The CRA includes the use of tables and chairs in the rental price. Tables and chairs already in the room are to be arranged by the Renter. The rental fee does not cover the breakdown and storage of tables and chairs. No furniture will be moved from one floor to another by Renter. If this is needed, a floor plan will be requested and applicable set up/break-down fee will be charged. The Library table is not to be moved at all. Renter, Renter's caterer or other contractor, and/or attendees to Renter's event shall not remove tables, chairs or other equipment 00916719-1 Page 6 of 14 from the Facility. No tables and/or chairs are available for loan for off-site functions. 20) All other items to facilitate the event must be provided by Renter. 21) Standing on tables, chairs, and all Facility furniture is strictly prohibited. 22) For large events, Renters will be allowed extra time the following morning to remove the remainder of party effects, but everything must be gone by 10 am morning following the event, or a designated time approved by the CRA; otherwise $100 charge per hour will be assessed. 23) Renters are advised that the City of Boynton Beach has a sign ordinance. Any fines that result from illegal signage placed by the Renter will be the responsibility of the Renter. The use of all temporary signs or banners must be discussed and approved by the appropriate CRA staff or designee and the Renter must obtain a temporary signage permit if required by the City of Boynton Beach. 24) Operation, repair or service of audio-visual, sound, lighting and any other equipment brought into the Facility by the Renter is the sole responsibility of Renter. 25) No artwork can be removed or covered during any function. 26) Destruction or defacing of any CRA property or artwork will result in additional charges for repairs or replacement. 27) All garbage is to be put outside and the covers on the garbage pails closed. 28) Parking- The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the event. 00916719-1 Page 7 of 14 y i � � ��, �r� !n y3r 4 u E e ``r55�� ei'�``��":;•r t t 29) The Kitchen area utilized by Renter or Renter's caterer is subject to the Catering Policy. It is the responsibility of the Renter to ensure that the caterer is aware of these requirements. 30) Alcohol may only be served or sold after receiving written pre-approval from the CRA, and subject to any restrictions imposed by the CRA and in compliance with the Facility's Regulation of Alcohol Service Policy. No brown bagging or "bring your own" permitted. STAFFINGIVENDORS 1) The CRA staff member(s), or designee, serving as the Event Manager is required to be on site for all events held in the Facility. Staff are on site to provide access to the Facility and are available to assist in making events successful. Staff members on duty are not responsible for resetting tables/chairs or providing post-event cleanup services. Those services will be arranged in advance and applicable fees will be the responsibility of the Renter. Please inform the CRA staff or designee on duty of any requests or needs that might arise, or in the event of an emergency. Additionally, the Event Manager has the full authority of the CRA to request the Renter and Renter's attendees maintain order. If the Event Manager feels that decorum or behavior is not maintained and the situation has become unmanageable, he/she is authorized to call the police to the Facility. 2) All events must be appropriately staffed according to the type of event. Specialty staffing can include, but is not limited to the following- lighting technician, sound technician, security, and custodians. 3) Applicable fees for security will be the responsibility of the Renter. The Renter may be required to hire a Palm Beach County Sheriff's Officer, a City of Boynton 00916719-1 Page 8 of 14 Beach Police Officer, or other CRA-approved security provider based on the use of the Facility, the anticipated duration of the event (including set-up and breakdown time), the number of people anticipated to be in attendance, the activities to occur at the event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Facility and surrounding areas. The number of security personnel for an event shall be determined by the CRA staff or designee. 4) While the CRA does not require Renter to utilize preferred vendors, outside vendors must be approved by the CRA staff or designee prior to event. CATERING POLICY The Facility does not provide in-house catering. It is the Renter's responsibility to sign and enter into a separate agreement with the caterer. All caterers must provide the Facility with proof of a current permanent permit issued by the Florida Department of Health before operating on the Facility premises. This document must be received sixty (60) days prior to event. If the caterer is serving alcohol, they must provide a copy of all appropriate alcohol permits required by the State of Florida sixty (60) days prior to the event. Catering Kitchen Overview 1) The caterer is responsible for acquiring and providing all necessary supplies for both serving and cleaning, including, but not limited to, paper towels, dishcloths, dish towels, hand soap, dish detergent, etc. The CRA does not supply any of these items. 2) All food and beverage brought into the Facility must be in closed containers, covered and with paper, plastic or cloth lids. 3) Ice chest(s) or any food coolers sitting on the floor must have plastic under them. The center does not have an ice machine and the Renter or Renter's caterer may need to provide ice for large events. 4) Because the kitchen is only a warming kitchen, all foods must be fully cooked before being brought into the Facility. Please do not place fish in the refrigerator. 5) Food preparation cannot include any open flame cooking inside the Facility. Sterno is the only heating element to be used inside the Facility. 6) Tables must be covered when food or drinks are being served. Cleaning/Access/Usage 00916719-1 Page 9 of 14 1) Counter tops, food preparation tables, and food service carts should be thoroughly cleaned after each use. 2) All floors must be swept and mopped (brooms, dustpans and mops are provided). Cleaning solutions must be provided by CRA. All trash must be bagged and put outside- recycling must be separated and placed in outdoor receptacles. Do not use bleach on floors. 3) All food products or empty food containers brought into the Facility by the Renter MUST be removed from the Facility at the conclusion of each event. No items may be stored overnight without prior permission. 4) At the conclusion of each event, it is the responsibility of the Renter or caterer to thoroughly clean any equipment used, including counter tops, microwaves and warmers. Please remember to turn OFF all appliances, except the refrigerator, before vacating the Facility. 5) Access to the kitchen is only allowed on the day of the event during rented hours. No access is permitted to the kitchen or any other area prior to or after an event without permission from the appropriate CRA staff or designee. 6) Should the event require the delivery of bulk food items, plates, linens, etc. prior to the event, such deliveries must be arranged in advance with the CRA staff or designee. The CRA will not unload, sign for, or accept deliveries from third parties. 7) Should the event require beverage delivery, alcohol or otherwise, please make arrangements with the appropriate CRA staff or designee for a delivery time and make provisions to have a designated person on site to receive the delivery. 8) It is the responsibility of the Renter, caterer, and bartender to keep the kitchen area clean and organized neatly during all events. Facility Equipment and Furnishings 1) If any loss or damage to CRA property occurs as a result of the event, the Rental Agreement, or otherwise related to the Renter's actions or inactions, the Renter shall be responsible for compensating the CRA for all such loss or damage. The CRA shall determine, in its sole discretion, whether the damaged property is to be repaired or replaced. Any refundable deposit held shall be applied to the cost of repair or replacement, and additional costs to repair or replace lost or damaged items in excess of deposit shall be paid by Renter. All repair and replacement shall be conducted or contracted for by the CRA, and Renter shall not attempt to repair, replace, or hire another to repair or replace any damaged property without the prior, express, written permission of the CRA. 2) Facility tables and chairs are for use inside the building only. 00916719-1 Page 10 of 14 3) Additional furniture required for an event must be approved by the CRA staff or designee. The cost of the additional furniture must be paid directly to the supplier by the Renter. 4) Any equipment rented from an outside source must be removed at the end of the event. Renter will be required to pay the cost of removal if necessary. The CRA is not responsible for any items rented or brought in from an outside vendor/supplier. 5) The CRA will not lend any furniture for matters occurring away from the Facility. 6) The CRA does not provide storage of any kind within the Facility. REGULATION OF ALCOHOL SERVICE POLICY Introduction Policies and procedures governing the service of alcohol in the Facility must be followed by Renter, Renter's event/attendees, Renter's staff or members, Renter's caterers, and all others using/attending an event in the Facility. Illegal and/or abusive alcohol practices will not be tolerated. All laws of the United States government or state of Florida regarding alcohol, including licensing requirements, will be followed. Approved service (including sale) for alcohol is restricted only to events held at the Facility in designated areas. Policy Renters, both organizations and individuals, may request to provide alcohol service. In order to provide alcohol services, the Renter must adhere to the following: 1) Renters will submit a completed "Application to Provide Alcohol Services" to the CRA if alcohol is sold for consumption on the premise. An application and more information can be found at the Florida Division of Alcoholic Beverages and Tobacco: http://www.myfloridalicense.com/DBPR/abt/ABT-Licenselnformation.html 2) Renter will submit a copy of a liability insurance policy showing liability for any matters arising from serving alcohol. The liability policy shall meet the minimum value of required coverage and will name the CRA and the Facility as additional insured. The Renter will assume all liability and will execute a hold harmless agreement in favor of the CRA and Facility. The certificate of liability insurance must be submitted to the Facility no later than ten (10) days prior to the scheduled event. 00916719-1 Page 11 of 14 3) All alcohol will be served by an approved certified bartender and/or licensed insured caterer if alcohol is sold for consumption on the premise. All bartenders and caterers must provide documentation for certification or license, and bond and/or insurance. 4) A non-profit organization may sell beer and wine at a single fund-raising event of that organization. Renter must obtain a Special Permit for Sale of Alcohol from the Special Permit from the Florida Division of Alcoholic Beverages and Tobacco and include liquor liability coverage in the required liability insurance policy. The Renter may then contract with a certified bartender/caterer to sell the beer and/or wine at a single fund-raising event. Bartender must provide proof of certification no later than ten (10) days prior to event. If a non-profit organization contracts with a caterer for bartending services, caterer must provide proof of Florida license and liquor liability insurance no later than ten (10) days prior to event. 5) No alcohol will be offered on a self-service basis. No brown bagging or "bring your own" is permitted. 6) Events where alcohol is served may be required to have one or more uniformed security officers present. Cost for officers on duty will be the responsibility of the Renter. The CRA staff or designee will determine the number of officers required. 7) The certified bartender and/or licensed insured caterer will be responsible for limiting alcohol consumption to legally allowable limits. 8) The certified bartender and/or licensed insured caterer shall not serve alcohol to any person under twenty-one (21) years of age, to any CRA staff or designee or hired staff working the event, and must require proper identification prior to service. 9) All alcohol service (including all sales) will stop 30 minutes prior to the end of event. 10) The CRA has the right at any time during an event to stop the service (including sale) of alcohol if the CRA staff or designee deem necessary. CRA staff or designee reserves the right to eject or cause to be ejected from the premises any intoxicated or any disorderly person(s), and neither the CRA, the City of Boynton Beach nor any of its officers, agents or employees shall be liable for any damage that may be sustained by the Renter by the exercise of such right. 00916719-1 Page 12 of 14 FACILITY RENTAL FEES Venue Space Non-Local Local Day of Event (including Kitchen) Weekend $750 $675 1St Floor Non-Weekend $500 $450 Weekend $2,250 $2,025 2nd Floor Non-Weekend $1,500 $1,350 Weekend $3,000 $2,700 Entire Building Non-Weekend $2,000 $1,800 The following entities are eligible to rent the Facility: Local Individual- An individual whose home address is located within the City limits of Boynton Beach. Residency is subject to verification by staff. Non-local Individual- An individual who does not reside within the City limits of Boynton Beach. Non-profit: A business entity that is granted tax-exempt status by the Internal Revenue Service. Civic- A government entity, service club, fraternal/sorority society, or association operating for educational or community purposes. For-profit: A business entity that aims to earn profit through its operations and is concerned with its own interests and not those of the general public Additional Fees SET-UP/BREAK-DOWN AND CLEANING FEES Venue Space Set-Up and Break- Cleaning Pre- and Total (including Kitchen) Down Post-Event (tables and chairs) 1st Floor East Side $100 $200 $300 1st Floor West Side $100 $200 $300 00916719-1 Page 13 of 14 2ndFloor $200 E $400 E $600 Entire Building $400 1 $800 $1,200 MISCELLANEOUS FEES Staffing $25/hr. Pre- and post- event access $50/hr. By my signature, I agree to comply with all rules, regulations, laws, ordinances of the City of Boynton Beach and CRA policies in regard to the rental and/or use of the Facility. Print Name of Renter- Signature of Renter- Date- 00916719-1 Page 14 of 14 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 NEW BUSINESS AGENDAITEM: 14.C. SUBJECT: Consideration of Award and Contract for Responses to the Request for Proposals for Graphic Design Services SUMMARY: In recent years, the Boynton Beach CRA have procured professional graphics design services through requests for quotes pursuant to the CRA's Procurement Policy. The graphic design services are primarily used to market and promote larger events managed by the CRA or initiatives supporting the CRA Plan (e.g. Boynton Beach Haunted Pirate Fest and Mermaid Splash, Blarney Bash, Annual Report, and seasonal promotions for the downtown and Marina businesses, etc.). There are currently three (3) separate entities providing the graphic design, video, and photographic services to the CRA. The current complement of staff have allowed the CRA to perform more routine graphic design in-house in FY 2017-18. In the upcoming fiscal year, the CRA would like to have a more innovative and comprehensive approach to the marketing and promotion of the economic development activities in furtherance of the CRA Plan. This may be accomplished by bringing the events to the various locations within the CRA Districts to highlight the local goods, services, and job opportunities available versus having the events at one location thus connecting the events to the CRA's economic development initiatives versus tourism related activities. Additionally, marketing and promotional items will need to be developed for the Historic Woman's Club of Boynton Beach (HWCBB) and the Boynton Harbor Marina. Staff anticipates that the expanded communication strategy will result in more outside graphic design needs. In order to efficiently manage workload and costs and in anticipation of the additional economic development initiatives previously mentioned, a Request for Proposal (RFP) was issued for ongoing graphic design services on an annual basis. For professional consulting services, the RFP process is preferred over the Invitation to Bid (ITB) process. The proposals submitted in the RFP are evaluated based on the respondents' knowledge/experience, quality of work, methodology, in addition to the costs to perform the scope of services. The Selection Criteria below is based on a scoring rubric utilized to objectively assess each proposal. The overall cost and types of campaign in the RFP Scope of Services (Page 3 of the RFP) is subject to CRA Board review and approval of the marketing allowances in the FY 2018-19 Budget. The attached draft contract, if approved by the Board, will allow the CRA to adjust the Scope of Services each year for consistency with the adopted budget. In accordance with the CRA Procurement Policy, the RFP was advertised on June 11, 2018 with a deadline of June 25, 2018 (Attachments I and I I). Twelve (12) proposals were received by the CRA (Attachment I I IA - Broadbased and Simplicity) and (Attachment I I I B - Campbell 1 - 2) (Attachment I I I C - DG and Ryan William's) (Attachment I IID - Delray's Finest Signs & Graphics 1 - 2) (Attachment I I I E - Pat Davis and Cubic, I nc.) (Attachment I I I F - Sack Lunch and Green Group Studio) (Attachment I I I G - RPM Design 1 -2) (Attachment I I I H - VUP Media, LLC). Staff reviewed and scored the proposals in accordance with the RFP Mandatory Qualification Requirements and Selection Criteria below: Mandatory Qualification Requirements: A) Demonstrated knowledge of and at least five (5) years of relevant experience in graphic design. Preference will be given to respondents with experience in community relations and government or institutional communications. B) Demonstrated experience in providing graphic design services for traditional as well as online, email, and social media marketing. C) Direct or contracted staff members assigned to this project with relevant experience and qualifications. Selection Criteria: A) Demonstrated Experience & Quality of Sample Work(30 points) B) Quality of Approach to Providing Services (20 points) C) Organizational Capability(20 points) D) Proposed Costs & Fee Schedule (25 points) E) Respondent is a Local Business, as defined in Paragraph XI 1 (5 points) I--W—.,.-----_a=--w ......W--—--—-- --— --———...--———--———-- —--— --———... --———-I I—---I--—----...:- =eF...m. ----I `Repondents ,Cumulative Scores; _ - r____n'n______n...n______n`n_n...n� 1. DG Communications Group Inc d/b/a DamnGood.Agency 471 ______________________ _____ ______________ ___________________________.r________________________ :2. Delray Finest Signs & Graphics, LLC451 ;!____ ___________ ____________________________________________________________.r____ ____________________ :3. Cubic, Inc.* 437 ________________________ ______________________________________________ r________________________ 4. VUP Media, LLC411 ____ __________________________ ______________ ___________________________.r________________________ :5. Campbell Advertising & Design, LLC 392 ;!_________________________________________________________________________________.r_________________________ :6. Sack Lunch Marketing, LLC 385 ------______________________ _____ __________________________________________.r________________________ :7. Pat Davis Design Group* 373 ;r____________________________ __--------------------------------------------r________________________ :8. Ad Therapy, I nc. d/b/a Ryan William's Agency 366 _______------_--------_------____________________________________________________.r 9. Green Group Studio, Inc. 338 _____________________ ________________________________________________________.r________________________ 10. Broadbased Communications, Incorporated 333 ____ __________ __________ __________ _________________________________.r________________________ 11. Simplicity Solutions Group, LLC 292 ______________________ ______________ _______________________________________.r________________________ 12. RPM Design & Production* 291 W___________________________________________________________________________________________________________ Not registered as a foreign corporation or authorized to do business in the State of Florida Staff's sufficiency review and evaluation results are provided as Attachment IV. The results indicate that DG Communications Group Inc (d/b/a as DamnGood.Agency) (DG) is the top ranked respondent with a cumulative score of 471 and a cost proposal of $87,975. DG has submitted sufficient information for staffs evaluation of its proposal in accordance with the above Selection Criteria A through E. Their high score was a result of their experience with CRAs, government entities, and nonprofits, quality of work and creativity, organizational capacity (multi-media in-house capability for graphics, marketing, website development), and methodology (comprehensive and strategic approach). However, DG submitted an incomplete professional reference contact list. The list consisted of eleven (11) professional references and the number of years of experience but did not include the Contact Name, Company Address, Telephone Number, Email, Scope of Work, and Contract Amount. Reference verification is standard procedure performed by staff and the incomplete information may be obtained online or as part of the verification process prior to contract execution. Pursuant to Paragraph XVI I, Disclosure and Disclaimer, "...The CRA may, at its sole discretion elect to waive requirements and/or irregularities either for all responses or for a specific response, which the CRA, in its sole discretion, deems non-material..." For the reasons state above, staff recommends that the Board award the contract to DG and direct staff to proceed with the reference verification process prior to contract execution. Attached is a Draft Consultant Agreement for Graphic Design Services prepared by CRA staff and legal counsel (Attachment V). The basic terms for the contract are as follows: • Annual contract with an option for up to three (3) one-year renewals • A cost not to exceed $87,975 • Ability to adjust the Scope of Services for consistency with CRA Board approved marketing allowances in the future adopted Fiscal Year Budgets • 30-day termination via written notice Staff would like to have a consultant on board as soon as possible to begin the creative work for the Boynton Beach Haunted Pirate Fest and Mermaid Splash in October. If, for any reason, DG fails to execute the contract within 15 days of being provided a contract and a request to execute such contract, CRA Staff is requesting authorization for the Executive Director to end negotiations with DG and move forward to negotiate with the next highest ranked respondent. The only changes to the contract is the company's information and contract amount. All other terms and performance standards will remain the same as indicated in Attachment V. Since time is of the essence, staff is also requesting that the Board authorize the Chair, by separate motion, to execute the successfully negotiated contract, subject to legal counsel's final approval. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Line Item 02-58400-445, $15,000 and Line Item 02- 58500-480, $30,000 FY 2018-2019 Budget, Project Fund, Line Item 02-58400-445, $87,975 subject to approval of the FY 2018-19 Budget FY 2019-2020 Budget, Project Fund, Line Item 02-58400-445, $87,975 subject to approval of the FY 2019-20 Budget FY 2020-2021 Budget, Project Fund, Line Item 02-58400-445, $87,975 subject to approval of the FY 2020-21 Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Section B, Vision and Goals (Pages 32- 33) CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: Separate motions will be required: 1. Award the contract for to DG Communications Group Inc (d/b/a DamGood.Agency) in the annual amount not to exceed $87,975 and authorize the CRA Chair to execute the contract upon final review by legal counsel. AND 2. Approve CRA Staff to award a contract to the next highest ranked respondent if, for any reason, the awarded respondent fails to execute the contract. CRA Staff and legal counsel will prepare a contract and have the CRA Chair execute the contract without bringing it back before the CRA Board for approval. OR 3. Do not award the contract for to DG Communications Group Inc (d/b/a DamGood.Agency) and provide direction to CRA Staff. ATTACHMENTS: Description D Attachment I -Graphic Design Services RFP D Attachment II -Addendum#1 to RFP D Attachment IV -Graphic Design Services RFP Sufficiency Checklist and Evaluation Results D Attachment V - Draft Consultant Agreement for Graphic Design Services REQUEST FOR PROPOSALS (RFP) TO PROVIDE GRAPHIC DESIGN SERVICES FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) ON AN ANNUAL BASIS z BOY, t NRiNI � SUBMISSION DEADLINE: June 25, 2018, at 2:00 P.M. (EST) Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 1 3);v BOYN "IC f �p�1Ntt ��k"�`�'iyl -- � t5EAC ''., a1. REQUEST FOR PROPOSALS Graphic Design Services Release Date: Monday, June 11, 2018 Due Date: June 25, 2018 at 2:00 P.M. I. Background The mission of the Boynton Beach Community Redevelopment Agency ("CRA") is to foster and directly assist in the redevelopment of the Boynton Beach Community Redevelopment Area in ("CRA Area") order to eliminate blight, create a sustainable downtown, and encourage economic growth, thus improving the attractiveness and quality of life for the benefit of the entire CRA Area and consequently the City of Boynton Beach as a whole. The CRA works to fulfill its mission through a variety of strategic programs and improvement plans that work to eliminate and prevent blighted conditions, encourage job creation and business development, help maintain a viable downtown, and improve neighborhoods throughout the CRA District. Working in conjunction with the City and other community partners, the CRA has made significant progress since being established in 1982. II. Purpose The CRA is requesting proposals from individuals, partnerships or firms interested in working with the CRA under a professional services contract to provide ongoing graphic design services for CRA news, projects and public communication initiatives. The CRA intends to negotiate an annual contract with the selected respondent(s) that will outline the scope of work, payment, and other terms. The contract may contain an option for up to three (3) one-year renewals. Interested parties must submit proposals on the entire scope of services listed within this Request for Proposals ("RFP"), with the exception of those services specifically listed as optional. If a respondent wishes to provide optional services, the respondent must provide an hourly rate for doing so in the forms provided in this RFP. The CRA may select multiple respondents for all or portions of this RFP; however, it is the desire of the CRA to negotiate a contract with a single respondent. In general, the CRA is seeking proposals from experienced graphic designers with knowledge of municipal government, and proficiency in communication, social media marketing, and traditional media outlets. 2 CRA staff will work closely with the selected respondent(s) to provide general direction, ideas and resources for content creation, special assignments, deadlines, and performance feedback on a regular basis. III. Scope of Services The CRA is seeking proposals from qualified firms to provide graphic design services for the annual campaigns described in Attachment "A" and occasional electronic or print marketing materials for projects or events as described below in Items A through E. Design needs would largely consist of save-the-date invitations; postcards; posters; brochures; flyers; and, print-ready or web-ready electronic advertisements. Graphic design assignments would be requested on an as-needed basis, but it is not anticipated that services will be requested more than once a month. CRA staff will provide the selected respondent with all necessary specifications and information needed to furnish a product in a timely manner. A) Annual Report The annual report is a high priority project. The annual report is due for publication in January of each year. The report will highlight the CRA's major accomplishments in the last year, and progress made on significant projects around the CRA Area. The report is used to give residents, property owners and other community stakeholders a better understanding of the ongoing work that the CRA does, and will be widely distributed throughout the community. The selected respondent will be responsible for providing copy and graphic design layout of the report. The report must be delivered in both print-ready and web- ready electronic formats. Electronic versions of previous annual reports may be downloaded on the CRA website. B) Social Media Account The CRA uses social media to inform the local and regional community of CRA news and projects; to increase awareness of the CRA mission, projects and initiatives; to engage stakeholders in various aspects of the redevelopment process; and to encourage an ongoing dialogue about redevelopment and economic development in the Boynton Beach community to increase transparency. The CRA currently maintains a total of four (4) accounts on four (4) social networks- 1. etworks:1. Boynton Beach CRA Facebook Page (https://www.facebook.com/BoyntonBeachCRA/ ) 2. Boynton Beach Haunted Pirate Fest & Mermaid Splash ( https://www.facebook.com/BBPirateFest/ ) 3. Boynton Instagram Page (https://www.instagram.com/?hl=en) 4. Boynton Beach CRA Twitter (https://twitter.com/?Iang=en) Additionally, the CRA also provides social media outreach to local businesses and organizations in the CRA area through our Social Media Outreach Program (SMOP). The selected respondent will be charged with developing graphics for 3 social media marketing campaigns or blogs for the above accounts and SMOP on an as needed basis. C) Quarterly Email Newsletters The CRA created an electronic newsletter as a way to bring awareness to the activities and important information regarding the CRA to its stakeholders. The newsletter is emailed to the CRA's iContact list of 1,612 subscribers on a quarterly basis, is posted on the CRA website, and is shared through a link on the CRA social media sites. Assistance with graphics in the Quarterly Email Newsletters will be on an as needed basis. D) Website: www.catchboynton.com Assistance with the CRA's website will be on an as needed basis. E) Bonus Services In addition to the above functions and services, the CRA may occasionally have a need for specialized marketing or promotional services, including photography, videography, printing, and website design and maintenance services. As it is not anticipated that the CRA will need these services on an ongoing or otherwise predictable basis, respondents are not required to submit a proposal for the services listed in this section. However, if a respondent can directly provide or assist in procuring these services, that should be indicated in the submittal along with an hourly rate. IV. Contract Fee Structure The CRA will negotiate a one-year contract with the selected respondent(s), which may contain an option for renewal for additional contract years. Respondents should structure their annual fee schedules to include the following and shall complete Attachment "B," Contract Fee: A) A flat fee for each campaign included in Attachment A B) A flat fee for item (A), the "Annual Report", listed under Section III, Scope of Services C) Hourly fees for items (B) through (E) listed under Section III, Scope of Services V. Pricing and Costs The CRA will not reimburse respondents or any other entity for any expenses incurred in preparing submittals in response to this request. A) Proposal Price and Related Costs Respondent shall complete Attachment "B," Proposed Fee Schedule and Attachment "C," Respondent's Acknowledgement and Compliance Statement. 4 B) Sales Tax By submitting a proposal, respondent acknowledges that all materials and supplies necessary for completion of the graphic design services described in this RFP are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the CRA is exempt from any taxes imposed by State and/or Federal government. Exemption certificates will be supplied on request. State Sales tax Exemption Certification No. 85-8012625376C-3 will appear on each purchase order. VI. Mandatory Qualification Requirements Proposals must demonstrate respondents' ability to comply with each of the items identified below. Inability to do so may result in disqualification of the submittal. A) Demonstrated knowledge of and at least five (5) years of relevant experience in graphic design. Preference will be given to respondents with experience in community relations and government or institutional communications. B) Demonstrated experience in providing graphic design services for traditional as well as online, email, and social media marketing. C) Direct or contracted staff members assigned to this project with relevant experience and qualifications. All deliverables or end products created by the selected respondent for the CRA under the Scope of Services listed above will become the property of the CRA and shall include electronic versions of the final documents in the original software program that is approved by the CRA. Respondent will be required to obtain a minimum of three (3) price quotes for all print materials. VII. Submittal Requirements By submitting a proposal, respondent is representing that he/she/it has carefully read all information contained herein including the requirements to be a responsible respondent. It is the responsibility of the respondent to submit a complete response to all requirements. Proposals must include separate section tabs with the following information in the order as described below: A) Company Information — A summary of the company history of the proposed respondent, including descriptions of any proposed partnerships with other services providers: 1. Specify who would serve as the primary contact 2. Specify any dedicated staff or team members B) Approach to Providing Scope of Services — This section must include a description of the project management strategy, and any performance standards that can be expected. Include ability and approach to offer any of the services references in Paragraph III, Scope of Services. C) Proposed Fee Schedule — Fee schedule should be described according to the format specified in Paragraph IV. 5 D) Summary of Qualifications — including demonstrated knowledge and experience as described in Paragraph VI. E) Professional References — Proposals must contain a minimum of three (3) verifiable professional references from within the last five (5) years. Reference information should include the following: Contact Name, Company Address, Telephone Number, Email, Scope of Work, Contract Amount, and Dates of Services. F) Litigation History — Provide a completed Attachment "H, Legal History, indicating whether the respondent has been a party to litigation or arbitration arising from a project for a public entity within the past four (4) years. G) Provide a minim of three (3) Samples of Work for each categories below: 1. Graphic Design 2. Copywriting 3. Brochures, postcards, posters, etc. In total, one (1) unbound, clipped and tabbed original proposal document is required to be submitted, with a title page listing the name of the RFP and the respondent's name and address, and one (1) bound and tabbed copy of the proposal. In addition, one (1) digital copy of the complete proposal in PDF format on CD/DVD or jump drive must be submitted. Proposals shall be sealed and clearly marked on the outside of the envelope or delivery box container as follows: Ms. Tracy Smith-Coffey, Marketing and Business Development Specialist Boynton Beach CRA Graphic Design Services Request for Proposals (RFP) Proposals are to be submitted to the CRA offices at 710 N. Federal Highway, Boynton Beach Florida 33444 no later than June 25, 2018, at 2:00 PM. Facsimile or emailed copies of the proposal will not be accepted. Proposals received after the deadline will not be considered. Any question as to whether a proposal has been timely submitted will be resolved by reference to the time kept at the CRA office by the person charged with receiving proposals. VIII. Public Information/Public Records Statement The CRA considers all information, documentation and other material submitted in response to this solicitation to be of non-confidential and or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida Statutes. IX. Questions, Clarifications, Interpretations Questions and inquiries concerning the proposal and specifications of the RFP shall be submitted in writing and directed to Ms. Tracy Smith-Coffey, Marketing and Business Development Specialist, Boynton Beach CRA, 710 N. Federal Highway, Boynton Beach, FL 33435, by fax at (561) 737-3258, or email at Smith-coffeyT@bbfl.us and must be received no later than June 18, 2018, at 5:00 P.M. (EST). All answers to 6 questions, clarifications, and interpretations will be issued in the form of addenda. Oral explanations, information, and instructions shall not be considered binding on the CRA. All prospective respondents are encouraged to independently verify the accuracy of any information provided. Neither the CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any respondent. Written responses to all written questions submitted shall be maintained in the CRA RFP project file. All such addenda issued by the CRA before the proposals are due, are part of the RFP, and respondents shall acknowledge receipt of and incorporate the requirements of each addendum in his/her/its proposal by completing and including in their response package Attachment "D," Addenda Acknowledgement. It is the responsibility of all respondents to obtain, review, and respond to any and all addenda issued. X. Limitations on Communications - Cone of Silence/No Lobbying As to any matter relating to this RFP, any respondent, subconsultant, or anyone representing a respondent is advised that they are prohibited from contacting or lobbying the CRA Board, CRA Advisory Board, CRA staff, or any other person working on behalf of the CRA on any matter related to or involved with this RFP. For purposes of clarification, a respondent's representatives shall include, but not be limited to, the respondent's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential sub consultant or consultant of the respondent. Any violation of this condition may result in rejection and/or disqualification of the respondent's proposal. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP and shall terminate at the time the CRA Board selects a respondent, rejects all proposals, or otherwise takes action which ends the solicitation process. XI Selection Criteria/Evaluation Proposals will be scored based on the following criteria: A) Demonstrated Experience & Quality of Sample Work (30 points) B) Quality of Approach to Providing Services (20 points) C) Organizational Capability (20 points) D) Proposed Costs & Fee Schedule (25 points) E) Respondent is a Local Business, as defined in Paragraph XII. (5 points). CRA staff will review each application according to established criteria and make recommendations to the CRA Board. The respondents may be asked to make presentations to the CRA Board. The CRA Board will consider CRA staff's recommendations and the established criteria in their final decisions on the contract award. If a contract is awarded, it shall be awarded by written notice to the respondent whose proposal is determined to be in the best interest of the CRA, after consideration of all factors, including the contents of the submitted proposal. 7 XII. Local Business Preference To provide locally owned and operated companies a competitive advantage when the CRA is procuring goods and services, preference will be given by the CRA to local businesses. A "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to the issuance of this RFP and a physical address within the City from which the respondent lawfully performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing physical address. All proposals must indicate whether or not respondent is a local business via submittal of Attachment "E," Local Business Preference Statement. XIII. Subconsultants If a respondents intends to subcontract any portion of the scope of work for any reason, respondent must state the name and address of the licensed subconsultant and the name of the person(s) to be contracted on the enclosed Attachment "G," Subconsultants List. For purposes of this RFP, an example of a sub consultant would be a photographer, videographer, website designer, or copywriter. The CRA reserves the right to accept or reject any or all proposals wherein a subconsultant is named, and to make the award to the respondent, who, in the opinion of the CRA, will be in the best interest of and/or most advantageous to the CRA. The CRA also reserves the right to reject a submission of any respondent if the proposal names a subconsultant 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 CRA reserves all rights in order to make a determination as to the foregoing. Respondent agrees that if selected to enter into a contract for graphic design services, respondent shall periodically throughout the term of the contract provide the CRA an updated list of all subconsultants working on the awarded scope of work. XIV. Insurance Requirements The successful respondent shall provide a certificate of insurance meeting the requirements of Attachment "F," Insurance Requirements, prior to contract execution. The CRA reserves the right to ensure and require that the insurance coverages provided by the successful respondent are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the contract the CRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and respondent (and subconsultants) agree to comply with the CRA's decision. The CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The CRA further reserves the right, but not the obligation, to review 8 and reject any insurer providing coverage on the respondent's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. XV. Execution of Agreement A) Offer of Contract Upon the CRA Board's selection of the successful respondent(s), the CRA will extend to said respondent (s) an offer to enter into graphic design services consultant contract. The terms and conditions of the contract are subject to negotiations, but shall not deviate substantially from the qualifications, fees, and costs identified by the successful respondent(s) in its proposal. The contract must be in a form approved by the CRA Board attorney and the CRA Board. A copy of the Boynton Beach Community Redevelopment Agency Standard Consultant Agreement is included in this RFP as Attachment "J." B) CRA's Ripht to Withdraw If for any reason a respondent and the CRA are unable to negotiate terms of the contract that are agreeable to both parties and execute the contract within 15 days of being provided a contract and a request to execute such contract, the CRA may in its sole and absolute discretion terminate negotiations with respondent and/or withdraw its offer of contract, and to move forward as it deems appropriate, which may include entering into contract negotiations with another respondent(s), RFP re-issuance, or electing not to award a contract at all. If another respondent is awarded the contract, this award shall bind such respondent as though he/she/it were the original successful respondent. XVI. Preliminary Schedule A) RFP Advertised: June 11, 2018 B) RFP Deadline to Submit Questions/Inquiries: June 18, 2018 at 5:00 P.M. (EST) C) RFP Response Deadline: June 25, 2018 at 2:00 P.M. (EST), Boynton Beach CRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. D) Award of RFP by the CRA Board of Commissioners expected: CRA Meeting of July 10, 2018. (Note: Dates above are subject to change, respondents will be notified by e-mail of changes, if any. XVII. Disclosure and Disclaimer The CRA reserves the right to withdraw this RFP either before or after receiving proposals, reject any or all proposals submitted, accept proposals which deviate from the RFP, and to disqualify any proposal that does not contain the documentation 9 requested in this RFP. The CRA may, at its sole discretion elect to waive requirements and/or irregularities either for all responses or for a specific response, which the CRA, in its sole discretion, deems non-material. Any and all decisions by the CRA to modify the schedule described herein, request additional information, reject insufficient or unclear proposals, reject any and all proposals, accept any proposal as a whole or in part, accept a combination of proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole and absolute discretion. Following submission of a proposal, the respondent agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the proposal and/or the respondent (including the respondent's affiliates, officers, directors, partners and employees), as requested by the CRA. NOTE: By submitting a proposal, respondent fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms herein. In the event of any differences between this Disclosure and Disclaimer and the balance of the RFP, the provisions of this Disclosure and Disclaimer shall govern. Background Information The CRA reserves the right, before awarding the contract, to require a respondent to submit evidence of qualifications, as the CRA may deem necessary, and may consider any evidence available to it of the financial, technical, legal and other qualifications and abilities of a respondent, including past performance and experience with the CRA and/or other clients. "This established the end of the main document" 10 ATTACHMENT "A" Boynton Beach CRA Annual Creative Marketing Campaigns Boynton Beach Haunted Pirate Fest & Mermaid Splash • Design three 1-95 electronic billboards 14'x48' • Design utility bill Insert 8 '/2" x 11" • Design promotional collateral — 6"x9" postcards & 11"x17" posters • Design street signs —4'x8' and 4'x4' • Design a full-page ad 10"x 13" for the Delray Newspaper • Design Everydoor Direct mailer 8.5" X 11" mailer • Design a full-page ad 7.25" x 9.5" for the Neighborhood News • Design the Pirate Fest event map with the schedules of the performances • Design two 36"x20" Pirates Fest banners • Design two 4'x4' sponsorship event signs • Design a quarter page ad 7.96" x 5" for the Coastal Star • Design a 8 '/2" X 14" Treasure Hunt brochure • Design 8"x24" booth signage for businesses and sponsors • Design two full page ads 10"x10.5" for the Gateway Gazette • Design t-shirts for the event - One Pirates t-shirt pirates and one mermaids tank top • Design one full- page ad 9" x 11.5" for the Atlantic Current magazine • Design social media #BBPirateFest cards • Design a quarter page ad 3.7625"x 5.0125" Coastal Angler • Design a bus wrap for the Recreation & Parks school bus 86"X 42.5" broken up in two parts 35.75" x 21.75" and 35.75" x 14.75" Holiday Boat Parade • Design one 1-95 billboard 14'x48' • Design utility bill Insert 8 '/2" x 11" • Design street signs —4'x8' and 4'x4' • Design two full-page ads 10"x 13" for the Delray Newspaper- Calling All Captains and event ad • Design a full page ad 10"x10.5" for the Gateway Gazette • Design two quarter page ads 7.96" x 5" for the Coastal Star- Calling All Captains & event ad • Design two ads for the Coastal Angler quarter page 3.7625"x 5.0125" —Calling All Captains & event ad • T-shirt design for the event 11 Blarney Bash • Design one 1-95 billboard 14'x48' • Design promotional collateral — 6"x 9" postcards & 11"x17" posters • Design utility bill Insert 8 '/2" x 11" • Design street signs — 4'x8' and 4'x4' • Design a full-page ad 10"x 13" for the Delray Newspaper • Design a full-page ad 7.25" x 9.5" for the Neighborhood News • Design two quarter page event ads 7.96" x 5" for the Coastal Star • Design a full page ad 10"x10.5" for the Gateway Gazette • Design one full page ad 9" x 11.5" for the Atlantic Current magazine Rock the Plaza • Design utility bill Insert 8 '/2" x 11" • Design promotional collateral — 6"x9" postcards & 11"x17" posters • Design street signs — 4'x8' and 4'x4' • Design six full-page ad 7.25" x 9.5" for the Neighborhood News • Design six full-page ad 10"x 13" for the Delray Newspaper • Design six quarter page ad 7.96" x 5" for the Coastal Star • Design six full page ad 10"x10.5" for the Gateway Gazette Boynton Harbor Marina • Waterway Guide Annual ad 7" x 4.875" • Design six quarter page ads 3.7625"x 5.0125" for the Coastal Angler • Design four quarter page ads 3.375 x 4.75 for the Marina Life Magazine • Design one full page ad 4.625" x 7.625" for the Discover the Palm Beaches Annual Magazine • Design three quarter page ads 3.5625" x 4.8125" for Florida Sport Fishing Magazine • Design a promotional rack card 5" x 10" • Design one custom tri-fold brochure 8 '/2 " X 14" Historic Woman's Club of Boynton Beach • Design two full page ads 10"x10.5" for the Gateway Gazette • Design two full page ads 7.25" x 9.5" for the Neighborhood News • Design two full page ads 10"x 13" for the Delray Newspaper • Design two quarter page ads 7.96" x 5" for the Coastal Star newspaper • Design one half- page ad 7" x 4.312" for the Discover the Palm Beaches Wedding & Honeymoon Annual Guide 12 • Design one custom tri-fold brochure 8 '/2" x 14" Business Development Profile Magazine • Design one full page ad 8.62"5 x 11.125" Art District Event • Design promotional collateral — 6"x9" postcards & 11"x17" posters • Design six full-page ad 7.25" x 9.5" for the Neighborhood News • Design six full-page ad 10"x 13" for the Delray Newspaper • Design six full page ad 10"x10.5" for the Gateway Gazette Valentine Heart Ball • Design promotional collateral — 6"x9" postcards & 11"x17" posters • Design six full-page ad 7.25" x 9.5" for the Neighborhood News • Design six full-page ad 10"x 13" for the Delray Newspaper • Design six full page ad 10"x10.5" for the Gateway Gazette 80's Prom Night • Design promotional collateral — 6"x9" postcards & 11"x17" posters • Design six full-page ad 7.25" x 9.5" for the Neighborhood News • Design six full-page ad 10"x 13" for the Delray Newspaper • Design six full page ad 10"x10.5" for the Gateway Gazette Business Development Business Promotion • Design six full-page ad 7.25" x 9.5" for the Neighborhood News • Design six full-page ad 10"x 13" for the Delray Newspaper • Design six full page ad 10"x10.5" for the Gateway Gazette • Design one custom tri-fold grant brochure 8 '/2" x 14" 13 ATTACHMENT "B" Proposed Fee Schedule Annual Campaign (Flat fee) (Attachment "A') Amount ($) Boynton Beach Haunted Pirate Fest & Mermaid Splash Holiday Boat Parade Blarney Bash Rock the Plaza Boynton Harbor Marina Historic Woman's Club of Boynton Beach Business Development Profile Magazine Art District Event Valentine Heart Ball 80's Prom Night Business Development Total of Annual Campaigns Annual Report (Flat Fee) (Paragraph IIIA) Other As Needed Services (Hourly) (Paragraph 111.C) Respondent's Signature Print Name Title Date 14 ATTACHMENT "C" Respondent's Acknowledgement and Compliance Statement Submit Proposals to: Boynton Beach Community Redevelopment Agency (CRA) 710 N. Federal Highway, Boynton Beach, FL 33435 Release Date: June 11 , 2018 Project Title: RFP FOR GRAPHIC DESIGN SERVICES Submittal Deadline: Proposals must be received in their entirety by the CRA No later than 2:00 P.M. (EST), on June 25, 2018 Proposals will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the CRA Request for Proposals (RFP) to provide graphic design services. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. The undersigned agrees to honor the prices as provided in this proposal until such time a contract for graphic design services is executed pursuant to this RFP but not to exceed sixty (60) days following selection of the successful respondent to the RFP. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. Name of Organization: Respondent's Signature Print Name Title Date 15 ATTACHMENT "D" Addenda Acknowledgement Receipt is hereby acknowledged of the following addenda to the Request for Proposals (RFP) THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR GRAPHIC DESIGN SERVICES By entering checking YES or NO in the space provided and indicating date received. Addendum #1 ❑ Yes ❑ No Date Addendum #2 ❑ Yes ❑ No Date Addendum #3 ❑ Yes ❑ No Date Addendum #4 ❑ Yes ❑ No Date Addendum #5 ❑ Yes ❑ No Date JOINT PROCUREMENT, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this proposal to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. ❑ Yes ❑ No RFP INFORMATION WAS OBTAINED FROM: ❑ CRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Respondent's Signature Print Name Title Date 16 ATTACHMENT "E" Local Business Preference Statement When seeking local business preference status, a respondent must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of [NAME OF COMPANY] (Respondent) and on behalf of the respondent request that it be deemed to be a local business for purposes of the RFP. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located Yes No Number of Years: within the City limits of Boynton Beach, Florida? (2) Does the business have a Yes No Business License Number: business tax receipt issued in the current year? (3) Is the business registered Yes No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this proposal. I also agree the respondent is required to notify the CRA in writing should it cease to qualify as a local business. Respondent's Signature Print Name Title Date 17 ATTACHMENT "F" Insurance Requirements Without limiting any of the other obligations or liabilities of the Consultant, the Consultant shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the CRA (or for such duration as it otherwise specified herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Consultant's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include- 1. nclude:1. Premises and/or Operations 2. Independent Consultants 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include- 1. nclude:1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership 18 D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows: Contract Cost Range Limit 1. $0 - $99,000 $ 250,000 2. 100,000 - 299,000 500,000 3. 300,000 -499,000 750,000 4. 500,000 —Above 1,000,000 Coverage shall be afforded on a form acceptable to the CRA. Consultant shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. E. The CRA and The City of Boynton Beach shall be named as an additional insured on the Consultant's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 19 ATTACHMENT "G" Subconsultants List Respondent(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: GRAPHIC DESIGN SERVICES RFP Issuance Date: June 11, 2018 Respondent(s)' Name: Name/Address/Phone Type of Work to Hourly Rate Flat Rate of Subcontractor be Performed Amount Name: Address- Phone/Email- Name: ddress:Phone/Email:Name: Address- Phone/Email- Name: ddress:Phone/Email:Name: Address: Phone/Email: 20 ATTACHMENT "H" Legal History Legal History: Has Respondent been involved with any litigation within the past four (4) years? ❑ Yes ❑ No If Yes, list all civil and criminal legal actions as required by Paragraph VII.F. Attach additional pages if necessary. Case Number Description State Disposition Respondent's Signature Print Name Title Date 21 ATTACHMENT "I" RFP Submission Checklist This Checklist is provided as an abbreviated reference to Paragraph VII Submittal Requirements. This checklist is NOT intended to replace the requirements of Paragraph VII: A) Company Information — A summary of the company history of the proposed service provider, including descriptions of any proposed partnerships and following: 1. Specify who would serve as the primary contact 2. Specify any dedicated staff or team members B) Approach to Providing Scope of Services — including project management strategy, and any performance standards that can be expected. Include ability and approach to offer any of the services references in Paragraph III, Scope of Services. C) Proposed Fee Schedule — Fee schedule should be described according to the format specified in Paragraph IV. D) Summary of Qualifications — including demonstrated knowledge and experience as described in Paragraph VI. E) Professional References — A minimum of three (3) verifiable professional references from within the last five (5) years is required. Reference information should include the following: Contact Name, Company Address, Telephone Number, Email, Scope of Work, Contract Amount, and Dates of Services. F) Litigation History — Provide a completed Attachment "H, Legal History, indicating if the respondent has been a party to litigation or arbitration arising from a project for a public entity within the past four (4) years. G) Provide a minim of three (3) Samples of Work for each categories below: 1. Graphic Design 2. Copywriting 3. Brochures, postcards, posters, etc. H) One (1) bound and tabbed original proposal document is required to be submitted with a title page listing the name of the RFP and the submitting respondent's name and address 1) One (1) unbound but clipped copies of the proposal J) One (1) digital copy of the complete proposal in PDF format on CD/DVD orjump drive must be submitted. Proposer's Signature Print Name Title Date 22 ATTACHMENT "J" Boynton Beach Community Redevelopment Agency Standard Consultant Agreement This Consultant Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Consultant") and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "Parties"). In consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Notice and Contact. Contact Person for the Consultant: Business Name- Address- Telephone ame:Address:Telephone Number: Email Address: a. Contact Person for CRA (hereinafter "Program Coordinator')- Name- Address- oordinator'):Name:Address: 710 North Federal Highway, Boynton Beach FL 33435 Email Address: Telephone Number: 561-600-990_ Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the persons listed above as the respective places for giving of notice. 2) Description of the Consultant Services: As described in the Scope of Work (attached hereto as Exhibit "A" and hereby incorporated herein), and Consultant's Proposal (attached hereto as Exhibit "B" and hereby incorporated herein). 23 . In the event of a conflict between Consultant's Proposal (Exhibit "B") and another term in this Agreement, the terms outside of Consultant's Proposal shall control. The obligations of the Consultant described in this paragraph shall be referred to in this Agreement as the "Consultant Services." 3) Compensation. The CRA shall pay the Consultant for the performance of the Consultant Services as follows: The compensation described in this paragraph shall be referred to in this agreement as the "Compensation." 4) Form of Payment of Compensation. All payments of Compensation shall be made in the form of a CRA check made payable to: Payment of Compensation is dependent upon sufficient time having been allowed for processing. Payment shall be made within 30 days after submittal of an invoice for the Consultant Services, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Consultant, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Consultant of liability for the faulty or incomplete rendition of the Consultant Services. [Further applicable terms may be added.] 5) Equipment, Etc. All equipment, transportation, and anything else necessary to provide the Consultant Services shall be provided by and at the expense of the Consultant. The CRA shall not be responsible for any equipment or other property of the Consultant brought to or left on CRA property. 6) Personnel. Consultant represents that Consultant has, or will secure, all licenses, certifications, and necessary personnel required to perform the Consultant Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Consultant Services shall be performed by the Consultant, or under Consultant's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Consultant Services. Consultant warrants that all Consultant Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state, and local professional and technical standards. 24 7) Cancellation. The CRA reserves the right to cancel or postpone the performance of the Consultant Services for any reason. The CRA shall not be liable to Consultant for payment for any Consultant Services not yet rendered, but shall be liable for payment of goods received and Consultant Services rendered and accepted by the CRA prior to the date of notice of cancellation. 8) Default. The failure of the Consultant to comply with the provisions set forth in this Agreement or the parameters provided by the CRA for a specific project shall constitute a default and breach of this Agreement. If the Consultant fails to cure the default within seven (7) days of notice from the CRA or prior to a project deadline, whichever is sooner, the CRA may terminate this Agreement and refuse Payment accordingly. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Consultant's breach or default. If the CRA breaches the Agreement, the CRA shall have seven (7) days from the receipt of written notice of such breach to cure the breach. 9) Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Consultant from any cause whatsoever related to the Consultant Services, whether such damage or injury occurs before, during, or after the performance of the Consultant Services. The Consultant hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Consultant. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 10) Indemnification. The Consultant shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Consultant. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Consultant to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 11) No Transfer. The Consultant shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for- profit corporation, or other entity without express, written, prior permission from the CRA. 25 12) Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement and projects undertaken as a result of this Agreement. 13) Insurance. The Consultant shall obtain all insurance required by the CRA as described in Exhibit "C" to this Agreement, and provide proof thereof prior to performing the Consultant Services. The CRA and the City of Boynton Beach shall be named as an additional insured on the Consultant's policies (including products) with respect to liability arising out of work performed by the Consultant or acts or omission of the Consultant in connection with the Consultant Services or this Agreement. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Agreement or the work performed as a result of this Agreement. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 14) Tax Forms. The Consultant shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Consultant with an IRS Form 1099 where required under law. The Consultant further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Consultant's compensation for the Consultant Services. The Consultant assumes all liability and responsibility for payment of the Consultant's (and the Consultant's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 15) No Discrimination. The Consultant shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 16) CRA to Own Materials. The Consultant agrees that the CRA shall be the owner of all materials and other documents created by the Consultant on behalf of the CRA as part of its performance of the Consultant Services. Any and all documents, files, reports, programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Consultant during the term of this Agreement and in the course of the performance of Consultant Services hereunder shall be the exclusive property of the CRA and shall be submitted to the CRA along with the final invoice in a format acceptable to 26 the CRA; and Consultant hereby assigns all right, title and interest in same to the CRA. 17) No Partnership, Etc. The Consultant agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that the Consultant is an (a) independent Contractorand that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Consultant Services. The Consultant will exercise its own judgment in matters of safety for itself and attendees of the Event. The Consultant attests that it possesses a current personal accident and or personal health insurance policy. 18) No Infringement. The Consultant represents that in performing the Consultant Services under this Agreement, the Consultant will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Consultant or appearance as part of the Consultant Services is an infringement on the property right, copyright, patent right, or other rights, the Consultant will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Consultant shall not use the CRA's logos, or marks without the CRA's prior written approval. 19) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 20) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of 27 this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 22) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 23) Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 24) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. 25) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Consultant contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed a waiver. All waivers by the CRA must be expressly stated in writing. 26) Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: a. Keep and maintain public records required by the CRA to perform the Consultant Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Consultant does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Consultant or keep and maintain public records required by the CRA to perform the service. If the Consultant transfers all public records to the CRA upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request 28 from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; ori on p_ flus. The Consultant also understands that CRA may disclose any document in connection with performance of the Consultant Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 27) Agent. If this Agreement is signed by the Consultant's agent, the agent warrants that he/she is duly authorized to act on behalf of the Consultant, that he/she is authorized to enter into this Agreement, and that the agent and Consultant are jointly and severally liable for any breach of this Agreement. 28) Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. 29) Compliance with Laws. In the performance of the Consultant Services under this Agreement, the Consultant shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including any applicable ethics and procurement requirements. 30) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless extended pursuant to this paragraph, this Agreement will automatically terminate after the performance of the Consultant Services and final payment by the CRA, or on , whichever occurs first. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Consultant Services pursuant to this Agreement. The CRA has option to renew this Agreement for three additional one (1) year terms, upon a renegotiated fee and at terms and conditions to be mutually agreed upon by both parties subject to the CRA's right to terminate. Should the CRA desire to renew the term of this Agreement, it must provide written notice, in accordance with Paragraph 1 herein, to the CRA at least 30 days prior to the expiration of the one-year term. 29 31) Survival. The provisions of this Agreement regarding infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By: Date: Authorized Representative for Consultant Print Name: By: Date: Authorized Representative for CRA Print Name: 30 EXHIBIT "A" SCOPE OF WORK 31 EXHIBIT "B" CONSULTANT'S PROPOSAL 32 EXHIBIT "C" INSURANCE REQUIREMENTS A. Worker's Compensation Insurance to apply to all of the Consultant's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include- 1. nclude:1. Premises and/or Operations 2. Independent Consultants 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include- 1. nclude:1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows: Contract Cost Range Limit 1. $0 - $997000 $ 2507000 2. 1007000 - 2997000 5007000 33 3. 300,000 -499,000 750,000 4. 500,000 —Above 1,000,000 Coverage shall be afforded on a form acceptable to the CRA. Consultant shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 34 YpiT ,4A 1{,,tttt,;DE,4 H CRA ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) TO PROVIDE GRAPHIC DESIGN SERVICES ON AN ANNUAL BASIS FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY June 14, 2018 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("CRA") has published a Request for Proposals (RFP), dated June 11, 2018, to provide ongoing graphic design services under an annual service contract. The intent of this Addendum is to address errors and clarify other aspects of the RFP. Applicants responding to the RFP shall take note of the following changes, additions, deletions, clarifications, etc., to the RFP which shall become a part of and have precedence over anything shown or described otherwise. Question 1: We are very interested in this. What do you need from us? And would you prefer pricing to be hourly on a retainer basis? Answer. All requested information is contained in the published Request for Proposal (RFP). The RFP documents and related attachments must be obtained from the BBCRA office or website at www.catchboynton.com (Click RFPs/RFQs/ITBs Tab on right hand side) Question 2: 1 am hoping you can email me a copy of any specifications and/or documents associated with this project. If they can't be emailed, please let me know. Please do not send them if a fee is required. Answer. Please see answer to Question 1 above. Question 3: Can companies from Outside USA apply for this? (like from India or Canada) Answer. The RFP is open to qualified individuals, partnerships, or companies or corporations authorized to do business in the State of Florida. Question 4: Do we need to come over there (USA) for meetings? Answer. Yes, face-to-face meetings will be required for CRA Board and staff coordination meetings. Question 5: Can we submit the proposals via email? Addendum No. 1 Answer. No, proposals cannot be submitted via email. Sealed proposals will only be accepted at the CRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. Question 6: Is there an incumbent? Answer. This is the first time the CRA has issued a RFP for Graphic Design Services under an annual service contract. Question 7: Will the awarded agency be responsible for any photography/video services? Answer. Please see Paragraph Ill E, Bonus Services, page 4 of RFP. Question 8: Will the awarded agency be responsible for coordinating with any media placement or printing vendors? Answers: All deliverables or products created needs to be print ready in a format acceptable to the CRA. Respondent will be required to obtain a minimum of three (3) price quotes for all print materials. Question 9: Is there an expectation that there will be a need for translation services? Answer. No. Question 10: Is there a description available of the SMOP? Answer. Please see Paragraph Ill B, Social Media Account, page 3 of RFP and attached link: http.1lcatchbcyntcn.ccmlindex.php?option=ccm k &view=item laycut=ite m id=1215 ltemid=630. Question 11: Is there an estimated annual budget? Answer. Please see answer to Question 6. We are currently going through the fiscal year 2018-19 budget planning process. Please see the link to the FY 2017-18 budget for the overall Marketing budget. http.�llcatchbcyntcn.ccmlimagesl Filesl2017-2013 BUDGET - FINAL.pdf. Question 12: Do you have a budget for this entire project or specifically Attachment A and the Annual Report? If so, do you have a breakdown for the cumulative total of Attachment A? Addendum No. 1 Answer. Please see answer to Question 6. We are currently going through the fiscal year 2018-19 budget planning process. Please see the link to the FY 2017-18 budget for the overall Marketing budget. htto.�llcatchboynton.comlimagesl Filesl017-201 - FINAL Vdf Question 13: Regarding payment for services; in addition to the net 30 payment, does the CRA have a preferred payment structure? For example, a monthly retainer fee to go towards services, with overages being billed monthly. Answer. There will not be a retainer. Please refer to Attachment "J; CRA's Standard Consultant Agreement, for billing and payment information. Question 14: Regarding commercial auto insurance (referenced in Attachment F, page 18, part C): Can there be a waiver for businesses that do not have a commercial vehicle, in addition to the fact that services are not to be rendered onsite, or is this required of all vendors regardless? Answer. No, there is no waiver. Hired Auto coverage may be purchased for cases where there is no company-owned vehicles. Question 15: Regarding insurance in general, are insurance ACORD certificates (with Additional Insured language) required to be submitted as part of the proposal, or only required upon award? Answer. No, insurance is only required prior to contract execution. Question 16: Regarding Attachment A: Can you please be specific as to which ads are completely unique vs. a resize of another ad on the list? Creating one ad and then resizing (and re- using imagery) whenever possible will reduce cost. Also, when there are multiple ads for one publication, are you looking for completely different ads, or a single ad design with different messaging only (re-using the imagery with different messaging vs. a completely different look and message)? Similarly, when there are full-page ads specified in addition to smaller ads for a given event, is it safe to assume that smaller ads will be based off the full-page ones (but with less information) or are they unique? More specifically: Addendum No. 1 The Holiday Boat Parade has 2 full-page ads for the Delray Newspaper— "Calling All Captains and an event ad." There is also a full-page ad for the Gateway Gazette; will this ad be a re-size of the event ad? The Blarney Bash includes multiple sizes of a full-page ad. Will any/all of the ads be a resize of one design to meet various size requirements, or is each ad unique? The sections Rock the Plaza, Historic Woman's Club of Boynton Beach, Art District Event, Valentine Heart Ball, 80's Prom Night, and Business Development Business Promotion each specify three sets of six full-page ads (One set for Neighborhood News, one set for the Delray Newspaper, and one set for the Gateway Gazette). Will each section have six unique full-page ads, designed for one publication, and resized for the 2 other publications? Or are all 18 full page ads (for each section/event) unique? Answer. Our policy is to avoid reusing the ads but keeping the brand as we would like fresh material while considering the budget. Question 17: Who is the incumbent agency and why are you seeking a new agency partner (or are they participating)? Answer. This is the first time the CRA has issued a RFP for Graphic Design Services under an annual service contract. Question 18: How many agencies are pitching and who are they? Answer. This information will not be available until all submissions are received. Question 19: How many agencies have you worked with in the last five years? And what has led you to seek replacement creative services previously and currently? Answer. Pursuant to the CRA's Procurement Policy the Agency has to obtain quotes for various marketing needs. There has been approximately five agencies that the CRA has worked with on various campaigns in the past five years. This is the first time the CRA is requesting a graphic designs services on an annual basis. Question 20: How do you use research in the creative development process — as a tool to aid decision-making, or as the way you make decisions? Answer: All of the CRA's decisions are based on research, data, and/or past experiences. Addendum No. 1 Question 21: Who makes up the team that will work with the agency that is awarded the contract post RFP completion? What are their names, titles, roles, responsibilities, and capabilities? Answer: Please see link below to CRA Staff on the CRA website: h!tp.11catch ncomfindexphp?option=com k2&view=itemIist&I aVout--categorV&task=categorV&id=24 &Itemid=399 Question 22: What are your key business objectives? Can you rank them in order of importance? Answer: Please see link below to the CRA's mission statement: h!Ip.11catch ncomfindexphp?oI2tion=com c nt nt vi - rtic Ie&id=25&Itemid=404 and homepage of How the CRA Works. Question 23: What are your budget/spend parameters/expectations? a. Agency services (i.e. for the services outlined in this RFP?) b. Production (i.e. for custom photo/video shoots) Answer. We are currently going through the fiscal year 2018-19 budget planning process. Please see the link below for the FY 2017-18 budget for the overall Marketing budget. h!Ip.11catch mcomfimageslPDF FflesI2017-2018 - FINAf. Question 24: What are your current marketing challenges? Answer. This RFP is just for graphic design services not marketing services. Question 25: What are your rules of review (planned review process elements, agency deliverables, time schedules, any code of conduct do's and don'ts, etc....)? Answer. The CRA is a public agency subject to Chapter 119, Florida Statutes. The consultant must be comply with Florida's Public Records Law and shall govern themselves accordingly with all professional standards of care. We have a preliminary meeting at the start of each project, multiple review meetings (depending on the complexity of the project), and final review prior to publication. Question 26: Are there any important process capabilities (e.g., billing formats, proof of media run, payment methods, status reporting, purchase orders, etc.), we should consider? Answer. See answer above for process. The successful respondent will enter into a consulting contract with the CRA, the terms of the contract may Addendum No. 1 be negotiate but shall not deviate substantially from the qualifications, fees and costs identified in the submitted proposal. Please refer to Attachment"J', CRA's Standard Consultant Agreement, for billing and payment information. Question 27: Do you have any historical or current benchmark metrics we can trend against? Answer. We are currently going through the fiscal year 2018-19 budget planning process. Please see the link to the FY 2017-18 budget for the overall Marketing budget. Please see link below for budget information: http.�llcatchbcyntcn.ccmlimagesl Filesl017-201 - FINAL.pdf The CRA has been an industry leader and have received numerous awards for projects and marketing initiatives every year, please see the link below: http.1lcatchbcyntcn.ccmlindex.php?option=ccm content&view=article&id= &ltemid=615 Question 28: Once all RFP Q&A are collected, will they be shared with all participants or are Q&A's private? Answer: The CRA is a public agency subject to Chapter 119, Florida Statutes. Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Question 29: Can you expand on your social media account needs? Answer: See answer to Question 24. Question 30: For instance, do you have someone internally that manages your accounts (i.e. posting and responses) or are you seeking social media management in addition to the creative development? Answer: Yes, see answer to Question 24. Question 31: What does the Social Media Outreach Program (SMOP) entail? Answer. Please see Paragraph III B, Social Media Account, Page 3 of RFP, and link below: Addendum No. 1 hffp:11catchbcyntcn.com/ind x.j2hp?option=com k &view=item lycut=it m id=1215 ltemid=630. Question 32: Do you incorporate paid social or are all of your social efforts organic? Answer. See answer to Question 24. Question 33: If you utilize or anticipate paid social, what is your anticipated media budget and are you seeking paid social media management (i.e. strategy, creative development, audience development, placemen/management, optimization, and reporting)? Answer. See answer to Question 24. Question 34: You refer to Attachment A as individual campaigns. Can you please clarify/provide- Answer Please see Paragraphs 11 and 111, Pages 2 and 3, of the RFP. Question 35: Have you concepted/deve loped these as individual campaigns/one-offs previously or have you used an overarching Boynton Beach CRA campaign/theme to unify the individual events? Answer. Many of our campaigns have been developed and improved through the years with a goal of promoting and supporting our local businesses. For instance, this will be our 7t"Annual Pirate Fest. This event has become our signature event and provides a regional draw since it incorporates opportunities for local business participation. Other graphic communications and campaigns are in support of the overall CRA economic and business development initiatives. Question 36: Can you please share examples of past creative? Answer. Please see links to the CRA's Facebook pages a// ww.tacebookcom/BBPirateFest1 and a// ww.facebook.com/BoyntonBeachCRA/ Question 37: Do you have a media schedule associated with these deliverables that defines deadlines? If so, can you please share? Answer. Please see answer to Question 24. The successful respondent will be provided with a reasonable schedule to accomplish each activity. Question 38: Are you seeking agency assistance creating and managing these deadlines/deliverables (i.e. due dates and delivery)? Addendum No. 1 Answer. See above answer. Question 39: PAGE 8, XII. Local Business Preference, will any points be awarded to businesses based on proximity to the City of Boynton Beach. Example: A local business in the surrounding Palm Beach County area would receive partial points versus an out of state business? Answer. The CRA will confirm local business preference qualifications fore each Respondent based upon the completion of Attachment "E." Question 40: XIII. Subconsultants, Do the trade printers we will need to obtain quotes from need to be listed as a Subconsultant? Answer. No. Question 41: PAGE 16 ATTACHMENT "D," What does addendum #1-5 refer to? Answer. Please see Paragraph IX, Questions, Clarifications, Interpretations, on Page 6 in the RFP for information. Addendum No. 1 O 4 O O o n a a 06 r - o. o > > > > > > > > > o L7 V N ° t0 � O O C d N mi u O O O O 0 - C C m n N O io m w Y > > > > > > > ^ N n Q > > > > > > > > > JO > Z � N � m O O O 00 m n O n L m m m c E °Q" Oo m' z Q N C QO O O O O 0 0 - N j O0 0 0 E d > > > > > > > > > w 00 n Q > > > > > > > > > JO > N OO V V O Z m N U2 O O O Ophi r > > > > > > > > > m m n > > > > > > > > > o > c O O m O z LL (Y .... y O O 0.... J � Q d ti O m O - �n 0rl U O 0a O r ° m J C CO OO O yA LL y a o. O O O F V Om '° 0 0 0 c c j V N K C o V O V t m cf >. 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( § , 2 co ( ) cc | . . \f j ( \ . � � ! \ zu.j = z e } Boynton Beach Community Redevelopment Agency Consultant Agreement for Graphic Design Services This Consultant Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Consultant") and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "Parties"). In consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows- 1) Notice and Contact. Contact Person for the Consultant- Business Name- Address- Telephone ame-Address-Telephone Number- Email Address- a. Contact Person for CRA (hereinafter "Marketing Specialist")- Name- Tracy Smith-Coffey Address- 710 North Federal Highway, Boynton Beach FL 33435 Email Address- Smith-CoffeyT(a)-bbfl.us Telephone Number- 561-600-9096 Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the persons listed above as the respective places for giving of notice. 2) Description of the Consultant Services: The Consultant will perform the graphic design services as described in the Scope of Work (attached hereto as Exhibit "A" and hereby incorporated herein), and Consultant's Proposal (attached hereto as Exhibit "B" and hereby incorporated herein). The CRA may make additions, 01009005-1 deletions, or other changes the Scope of Work at any time. Any additions to the Scope of Work will be consistent with the Request for Proposals (RFP) to Provide Graphic Design Services for the Boynton Beach Community Redevelopment Agency (CRA) on an Annual Basis issued by the CRA in June, 2018 and Consultant's Proposal (Exhibit "B"). The obligations of the Consultant described in this paragraph shall be referred to in this Agreement as the "Consultant Services." In the event of a conflict between Consultant's Proposal (Exhibit "B") and another term in this Agreement, the terms outside of Consultant's Proposal shall control. 3) Compensation. The CRA shall pay the Consultant for the performance of the Consultant Services as follows- The compensation described in this paragraph shall be referred to in this agreement as the "Compensation." 4) Form of Payment of Compensation.All payments of Compensation shall be made in the form of a CRA check made payable to- DG Communications Group Inc. Payment of Compensation is dependent upon sufficient time having been allowed for processing. Payment shall be made within 30 days after submittal of an invoice for the Consultant Services, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Consultant, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Consultant of liability for the faulty or incomplete rendition of the Consultant Services. [Further applicable terms may be added.] 5) Equipment, Etc. All equipment, transportation, and anything else necessary to provide the Consultant Services shall be provided by and at the expense of the Consultant. The CRA shall not be responsible for any equipment or other property of the Consultant brought to or left on CRA property. 6) Personnel. Consultant represents that Consultant has, or will secure, all licenses, certifications, and necessary personnel required to perform the Consultant Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Consultant Services shall be performed by the Consultant, or under Consultant's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Consultant Services. Consultant warrants that all Consultant Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state, and local professional and technical standards. 01009005-1 7) Cancellation. The CRA reserves the right to cancel or postpone the performance of the Consultant Services for any reason. The CRA shall not be liable to Consultant for payment for any Consultant Services not yet rendered, but shall be liable for payment of goods received and Consultant Services rendered and accepted by the CRA prior to the date of notice of cancellation. 8) Default. The failure of the Consultant to comply with the provisions set forth in this Agreement or the parameters provided by the CRA for a specific project shall constitute a default and breach of this Agreement. If the Consultant fails to cure the default within seven (7) days of notice from the CRA or prior to a project deadline, whichever is sooner, the CRA may terminate this Agreement and refuse Payment accordingly. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Consultant's breach or default. If the CRA breaches the Agreement, the CRA shall have seven (7) days from the receipt of written notice of such breach to cure the breach. 9) Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Consultant from any cause whatsoever related to the Consultant Services, whether such damage or injury occurs before, during, or after the performance of the Consultant Services. The Consultant hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Consultant. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 10) Indemnification. The Consultant shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Consultant. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Consultant to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 11) No Transfer. The Consultant shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 12) Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement and projects undertaken as a result of this Agreement. 01009005-1 13) Insurance. The Consultant shall obtain all insurance required by the CRA as described in Exhibit "C" to this Agreement, and provide proof thereof prior to performing the Consultant Services. The CRA and the City of Boynton Beach shall be named as an additional insured on the Consultant's policies (including products) with respect to liability arising out of work performed by the Consultant or acts or omission of the Consultant in connection with the Consultant Services or this Agreement. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Agreement or the work performed as a result of this Agreement. The following information must be included in the Certificate of Insurance for the additional insured- Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 14) Tax Forms. The Consultant shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Consultant with an IRS Form 1099 where required under law. The Consultant further acknowledges that the CRA is neither paying Social Security benefits norwithholding taxes from the Consultant's compensation for the Consultant Services. The Consultant assumes all liability and responsibility for payment of the Consultant's (and the Consultant's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 15) No Discrimination. The Consultant shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 16) CRA to Own Materials. The Consultant agrees that the CRA shall be the owner of all materials and other documents created by the Consultant on behalf of the CRA as part of its performance of the Consultant Services. Any and all documents, files, reports, programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Consultant during the term of this Agreement and in the course of the performance of Consultant Services hereunder shall be the exclusive property of the CRA and shall be submitted to the CRA along with the final invoice in a format acceptable to the CRA; and Consultant hereby assigns all right, title and interest in same to the CRA. 17) No Partnership, Etc. The Consultant agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that the Consultant is an (a) independent 01009005-1 contractor and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Consultant Services. The Consultant will exercise its own judgment in matters of safety for itself and attendees of the Event. The Consultant attests that it possesses a current personal accident and or personal health insurance policy. 18) No Infringement. The Consultant represents that in performing the Consultant Services under this Agreement, the Consultant will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Consultant or appearance as part of the Consultant Services is an infringement on the property right, copyright, patent right, or other rights, the Consultant will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Consultant shall not use the CRA's logos, or marks without the CRA's prior written approval. 19) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral orwritten, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 20) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 22) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 01009005-1 23) Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 24) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. 25) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Consultant contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed a waiver. All waivers by the CRA must be expressly stated in writing. 26) Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall- a. Keep and maintain public records required by the CRA to perform the Consultant Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Consultant does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Consultant or keep and maintain public records required by the CRA to perform the service. If the Consultant transfers all public records to the CRA upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; ori on p_ flus. 01009005-1 The Consultant also understands that CRA may disclose any document in connection with performance of the Consultant Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 27) Agent. If this Agreement is signed by the Consultant's agent, the agent warrants that he/she is duly authorized to act on behalf of the Consultant, that he/she is authorized to enter into this Agreement, and that the agent and Consultant are jointly and severally liable for any breach of this Agreement. 28) Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. 29) Compliance with Laws. In the performance of the Consultant Services under this Agreement, the Consultant shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including any applicable ethics and procurement requirements. 30) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless extended pursuant to this paragraph, this Agreement will automatically terminate after the performance of the Consultant Services and final payment by the CRA, or on , whichever occurs first. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Consultant Services pursuant to this Agreement. The CRA may terminate this Agreement for any reason (including convenience) upon 30 days notice to the Consultant. The CRA has option to renew this Agreement for three additional one (1)year terms, upon a renegotiated fee and at terms and conditions to be mutually agreed upon by both parties subject to the CRA's right to terminate. Should the CRA desire to renew the term of this Agreement, it must provide written notice, in accordance with Paragraph 1 herein, to the Consultant at least 30 days prior to the expiration of the one-year term. 31) Survival. The provisions of this Agreement regarding infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By- Date- Authorized Representative for Consultant 01009005-1 Print Name- By- Date- Authorized Representative for CRA Print Name- 01009005-1 EXHIBIT "A" SCOPE OF WORK 01009005-1 EXHIBIT "B" CONSULTANT'S PROPOSAL 01009005-1 EXHIBIT "C" INSURANCE REQUIREMENTS A. Worker's Compensation Insurance to apply to all of the Consultant's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 2106, as Filed by the Insurance Services Office and must include- 1. nclude-1. Premises and/or Operations 2. Independent Consultants 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include- 1. nclude-1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows- Contract Cost Range Limit 1. $0 - $997000 $ 2507000 2. 1007000 - 2997000 5007000 3. 3007000 -4997000 7507000 01009005-1 4. 500,000 —Above 1,000,000 Coverage shall be afforded on a form acceptable to the CRA. Consultant shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 01009005-1 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 NEW BUSINESS AGENDAITEM: 14.D. SUBJECT: CRA Board Discussion and Consideration of Executive Director's Annual Performance Review SUMMARY: At their June 13, 2017 meeting, the CRA Board approved entering into an Executive Director Employment Agreement with Michael Simon to provide all of the duties, responsibilities and obligations as required of the Agency's Executive Director(see Attachment 1). Mr. Simon joined the Boynton Beach Community Redevelopment Agency in March 2007 and has held the position of Development Manager and then advanced to Development Director. In October 2013, Mr. Simon was promoted by the Agency to the position of Assistant Director. Mr. Simon served as the Interim Executive Directorfrom October 2016 until June 2017. As described in the Employment Agreement under Section 4.0., Performance Review, the CRA Board will provide Mr. Simon with a review of his performance as Executive Director on an annual basis. At the Board's discretion, the Performance Review may be presented to Mr. Simon in written or oral form and must take place at a regularly scheduled Board meeting. A performance and activity summary for the period June 2017 to June 2018 has been provided as Attachment I I for the CRA Board's review. FISCAL IMPACT: Current salary amount$135,000 and an automobile allowance of $300 per month. CRA P LAN/P ROJ ECT/PROGRAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: Discussion and consideration of the item as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -June 2017 Executive Director Employment Agreement D Attachment II - Performance and Activity Summary-June 2017-June 2018 EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT This employment agreement ("Agreement"), is made and entered into by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA"), and MICHAEL SIMON, ("SIMON") (collectively,the "Parties"). WHEREAS,the Board desires to employ SIMON as Executive Director of the CRA; and WHEREAS, the CRA desires to provide certain benefits, to establish certain conditions of employment and to set certain working conditions of SIMON as Executive Director of the CRA; and WHEREAS, SIMON desires to accept employment as Executive Director of the CRA under the terms and conditions set forth herein; NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1.0. Duties 1.1. The CRA agrees to employ SIMON as the full-time Executive Director of the CRA. As Executive Director, SIMON will perform all of the functions and duties assigned and delegated to him by the Board of Commissioners of the CRA(the "Board") and all functions and duties that are necessary to manage the CRA's operations pursuant to Florida Statutes, 163.330 ® 163.463. The general scope of duties is set forth in the job description attached hereto as Exhibit"A." 1.2. SIMON agrees to perform the duties set forth in Exhibit "A," as well as all other legally permissible and proper duties and functions as may be assigned by the Board from time to time. 1.3. SIMON agrees to perform the duties of the Executive Director with care, diligence, skill and expertise and in full conformance with the laws governing the CRA. 1.4. SIMON shall be subject to the all existing CRA policies and procedures governing its employees ("Human Resource Policies"). Where there is a conflict between the Human Resource 00822979-I Policies and the terms of this Agreement, the terms of this Agreement shall control. 1.5. While serving as the Executive Director of the CRA, SIMON shall not be entitled to engage in any other employment or professional engagements without prior consent of the Board, except that SIMON may operate as a licensed real estate broker so long as doing so does not conflict with or impede SIMON's performance as the Executive Director of the CRA. 1.6. SIMON shall comply with all applicable provisions of Florida Statutes and all applicable ordinances, resolutions, policies and procedures of Palm Beach County, the City of Boynton Beach and the CRA governing the behavior of public employees, as each may be amended from time to time. 1.0. Term. 1.1. This Agreement shall become effective on the date the Board approves the Agreement or on the date SIMON executes the Agreement, whichever is later the last party has executed the Agreement ("Effective Date"). 1.2. The Executive Director serves at the pleasure of the CRA as governed by the Board, and therefore, SIMON's appointment as Executive Director hereunder has no fixed term. 1.3. The CRA may terminate SIMON as Executive Director at any time, subject only to the provisions set forth in Section 6 of this Agreement. 1.4. SIMON may resign from the Executive Director position at any time, subject only to the provisions set forth in Section 7 of this Agreement. 2.0. Salary 2.1. Base,,,,,,Salar , The CRA shall pay SIMON an annual compensation of$135,000.00, for serving as the Executive Director of the CRA pursuant to this Agreement ("Base Salary"). The Base Salary shall be payable in equal bi-weekly installments at the same time and in the same manner that all other CRA employees are paid. 00822474-1 2.2. The CRA will reimburse SIMON for documented and justifiable expenses incurred as a direct result of SIMON"s performing his duties as Executive Director of the CRA, within the amounts authorized for in the CRA budget. 3.0. Benefits 3.1. Benefits. The benefits provided to SIMON pursuant to this Section 3.0 shall hereinafter be referred to as the "Benefits." 3.2. Automobile/Car Allowance. The Executive Director's duties require that he have the use of an automobile during his employment by the CRA. The CRA agrees to pay SIMON three thousand dollars ($3,000.00) per year, beginning on the Effective Date, for automobile expense reimbursement payable in equal biweekly installments at the same time and in the same manner as the Base Salary is paid. 3.3. Le gal Holidays. SIMON is not required to work office hours on legal holidays as designated from time to time by the CRA,the State of Florida, or the United States Government. 3.4. Vacation and Sick Leave. The SIMON shall be entitled to accrue, use, and cash out sick and vacation leave pursuant to the CRA's paid leave benefits policy. If the policies relating to vacation and sick leave of the CRA change,the Employee's benefits will change accordingly. 3.5. Insurance. CRA agrees to provide, at no cost to SIMON, health, dental, life, and disability insurance for SIMON consistent with the health insurance policies in effect as of the Effective Date of this Agreement and provided by the City of Boynton Beach to its employees. If the policies relating to insurance of the City for City senior staff employees change, SIMON's benefits will change accordingly. 3.6. Professional Memberships. The CRA agrees to budget for and pay SIMON's membership costs in the American Planning Association (APA), the American Institute of Planners (AICP), the 00822979-1 Florida Redevelopment Association (FRA), and the Urban Land Institute (ULI), to further his development as Executive Director for the benefit of the CRA. 3.7. Conventions. The CRA agrees to budget for and pay SIMON's travel and subsistence expenses to attend one national convention (e.g. ULI, APA, International Council of Shopping Centers (ICSC), National Trust for Historic Preservation (NTHP)) and one Florida conference (e.g. FRA) per year. 4.0. Performance Review 4.1. Timin . During the term of this Agreement, every year in the month of May, the Board will provide SIMON with a review of his performance as Executive Director (hereinafter Performance Review). At the discretion of the Board, the Performance Review may be presented in written or oral form to SIMON, and must take place at a regularly scheduled CRA Board meeting. 4.2. Base Salary and Benefits Adjustments. In conjunction with any Performance Review, the Board may change the Base Salary and/or any Benefits provided to SIMON pursuant to Sections 2.0 and 3.0 of this Agreement in such amounts and to such an extent as the Board deems appropriate. Any change to SIMON's Base Salary and/or Benefits shall require a written amendment to this Agreement executed by both Parties. 5.0. Termination. 5.1. Date of Termination. This Agreement shall terminate upon the earlier of the following (hereinafter Termination Date): 5.1.1. Execution by both Parties of a written amendment to this Agreement terminating the Agreement; 5.1.2. Unilateral termination of SIMON as Executive Director by the CRA pursuant to Section 5.0 of this Agreement; 00822979-1 5.1.3. Resignation by SIMON pursuant to Section 6.0 of this Agreement; or 5.1.4. Death of SIMON. 6.0. Unilateral Termination_b ,the CRA 6.1. Procedure. The CRA may unilaterally terminate SIMON as Executive Director of the CRA at its absolute and sole discretion by majority vote of the Board at a publicly noticed meeting of the CRA Board. At said meeting, the CRA shall state whether the termination of SIMON is with or without cause as described in paragraphs 6.2 and 6.3 below, and shall set the last day of SIMON's term as Executive Director. The last day of SIMON's term shall hereinafter be referred to as the"Effective Date of Termination". 6.2. Termination with Cause. If SIMON is unilaterally terminated by the CRA for failure to perform the duties and obligations of the Executive Director as set forth in Section 1.0 of this Agreement, and/or for misconduct and/or for violation of any rule, regulation or law, SIMON shall be entitled to all earned and accrued base salary, vacation and sick pay, and all earned and accrued retirement benefits in any retirement plan offered through the CRA (including any employer "matching" funds) as of the date of termination,but SIMON shall not be entitled to severance pay. 6.3. Termination without Cause. If SIMON is unilaterally terminated by the CRA without a stated cause, SIMON shall be entitled to the following: 6.3.1. A minimum of three (3) and maximum of twenty (20) weeks of severance pay from the effective date of termination. The term "severance pay" shall have the meaning as set forth in s. 215.425, Florida Statutes, and the amount and term of severance pay shall be determined by the Board at its sole discretion. 6.3.2. All earned and accrued vacation leave through the Effective Date of Termination. 00822979-1 6.3.3. All earned and accrued sick leave through the Effective Date of Termination. 6.3.4. All earned and accrued retirement benefits in any retirement plan offered through the CRA (including any employer"matching" funds); and 6.3.5. Reimbursement for as-yet unreimbursed expenses through the Effective Date of Termination. 6.4. Conflict. In the event of a conflict between the severance benefit terms of this Section and the limitation of severance benefits provided in s. 215.425, Florida Statutes, as the same may be amended from time to time, the provision of Florida Statutes shall prevail. 7.0. Termination by Resignation 7.1. Procedure. SIMON may resign from the Executive Director position by providing a written Notice of Resignation to the CRA pursuant to the requirements of Section 10 of this Agreement (herein after"Notice of Resignation"). 7.2. Notice of Resiiation. The Notice of Resignation shall provide a resignation date no later than thirty (30) days following the date of the Notice of Resignation (hereinafter "Effective Date of Resignation"). 7.3. Final Com, ensation. Upon resignation, SIMON shall be entitled to the following: 7.3.1. Base Salary through the Effective Date of Resignation or such other date as mutually agreed to between the CRA and SIMON; 7.3.2. Earned and accrued sick and vacation leave through the Effective Date of Resignation or such other date as mutually agreed to between the CRA and SIMON; 7.3.3. All earned and accrued retirement benefits in any retirement plan offered through the CRA (including any employer"matching"funds); and 00822979-1 7.3.4. Reimbursement for as-yet unreimbursed expenses through the Effective Date of Resignation or such other date as mutually agreed to between the CRA and SIMON. 8.0. Termination Due to Death 8.1. Final Compensation. If this Agreement terminates due to SIMON's death, SIMON's estate shall be entitled to the following: 8.1.1. Base Salary as of SIMON's last day serving as Executive Director. 8.1.2. All earned and accrued vacation leave through SIMON's last day serving as Executive Director. 8.1.3. All earned and accrued sick leave through SIMON's last day serving as Executive Director. 8.1.4. All earned and accrued retirement benefits in any retirement plan offered through the CRA (including any employer"matching" funds); and 8.1.5. Reimbursement for as-yet unreimbursed expenses through the SIMON's last day serving as Executive Director. 8.2. Pa ice. In the event of any disagreement or dispute arising regarding to whom SIMON's final compensation, as described above, should be paid, the CRA may rely on a court order on the matter, or in the absence of such an order, may interplead the payment of final compensation with a court of proper jurisdiction. 9.0. Indemnification. CRA shall defend, hold harmless from, and indemnify SIMON against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance by SIMON of the duties as Executive Director, except for any negligent, fraudulent, or criminal act or omission of SIMON. CRA 00822979-1 reserves the right to select, appoint, retain, and discharge legal counsel necessary to provide the foregoing defense. 10.0. Notices. 10.1. All notices hereunder shall be in writing, and shall be delivered by certified mail, return receipt requested, first-class postage prepaid, addressed to the parties at their following respective addresses, or at such other address as may be designated in writing by either party to the other: CRA: Boynton Beach Community Redevelopment Agency c/o CRA Board Chairperson 710 N. Federal Hwy. Boynton Beach, Florida 33435 And CRA Attorney Lewis, Longman &Walker, P.A. 515 N. Flagler Drive Suite 1500 West Palm Beach, FL 33401 Employee: Michael Simon 714 Hillcrest Road Boynton Beach, FL 33435 11.0. General Provisions. 11.1. Entire A reement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 11.2. Severability;,. If any part of this Agreement shall be declared unlawful or invalid, the 00822979-1 remainder of the Agreement will continue to be binding upon the parties so long as the rights and obligations of the Parties contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end, this Agreement is declared severable. 11.3. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 11.4. Agreement Deemed to be Drafted Jointly... This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 11.5. Governintt Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 11.6. Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 11.7. Q9WILiance with Laws. In his performance pursuant to this Agreement, SIMON shall 00822979-1 comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including any applicable ethics and procurement requirements. IN WITNESS WHEREOF, the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, has caused this Agreement to be signed and executed on its behalf by the CRA Chairman, and approved as to form by the Board Attorney, and Michael Simon, Employee has signed and executed this Agreement,both in duplicate, on the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] 00822979-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Date: Justis Katz, Vice C air f CRA ATTORNEY Approved as to form and legal sufficiency _ Date: Lewis, Longman &Walker, P.A., _ MICHAEL SIMON Date: r � - Michael Simon 00822979-t IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 61) By: - Date: Justis Matz,Vice C;Kair CRA ATT O N Approve t form qn al sufficiency Date: Lewi,, Longman &Walker, P.A., MICHAEL SIMON LL Date: Michael Simon 60922979-1 EXHIBIT "A" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) JOB DESCRIPTION TITLE: EXECUTIVE DIRECTOR REPORTSTO: CRA BOARD OF DIRECTORS GENERAL STATEMENT OF DUTIES: An incumbent in this position performs highly responsible administrative and professional work directing and leading the activities of the CRA of Boynton Beach, its assigned staff, programs, and activities and other programs and initiatives designed to enhance business and economic development in the CRA area. Work includes preparation of work programs, budget and Capital Improvements Program, oversight of the sale of bond issues and project initiation, design, construction and monitoring. Under administrative direction, the incumbent may act as an advisor to the City's executive management team, and serves as a key staff member in the administration, development, and implementation of policies, systems, and procedures to facilitate implementation of the CRA's redevelopment plans and agreements. The incumbent manages a considerable variety and volume of work concerned with formulating and implementing projects, initiatives and work plans focused on community redevelopment. The, incumbent's work is reviewed through meetings, reports, observation, and task/report/project completion. The incumbent reports to the Board of Directors of the CRA and is reviewed through conferences,reports, and discussions while projects are in progress and-upon completion. The incumbent is responsible for the supervision of five(5) direct reports (i.e., Executive Assistant, Assistant Director, Finance& Operations, Planning Director, Director, Economic Development and Communications and Marketing Manager). Updated: 06/05/07 ESSENTIAL DUTIES AND RESPONSIBILITIES: • Initiates,plans and directs the implementation of the adopted redevelopment plans (i.e., 20-30 plan, BB corridor plan,N. Federal Plan,Urban Design Guidelines) and answers general development questions as necessary. • Plans, organizes, assigns, directs and reviews the activities of professional, technical and clerical personnel engaged in the compilation, analysis and interpretation of data and preparation of reports and recommendations affecting community planning and redevelopment. • Oversees and is responsible for the final selection, training and evaluation process for all CRA staff. 1 • Administers and provides oversight for all contracts and agreements for services by negotiating contracts, creating the budgets for the contracts and by making sure they are in accordance with legal framework. • Serves as an in-house consultant and represents the CRA in dealing with and interfacing, communicating and resolving issues and problems with other agencies on a variety of related matters. • Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held. • Provides oversight, and input to staff on the CRA Strategic Plan, and for individual strategic plans by conducting weekly meetings with staff to share and update plans, and to ensure that everyone is communicating regularly and are aligned with the mission of the organization. • Conducts weekly staff meetings in order for staff to share information and keep abreast of overall CRA operations and other operations in the City and local community. • Negotiates the acquisition and disposition of real estate for the CRA and manages the real estate assets held. • Oversees preparation of the annual operating budget and capital plan by meeting with the Assistant Director Finance and Operations in order to present to the CRA Board for approval, and approves and reviews budgetary and financial reports prepared by the Assistant Director. • Represents the CRA at meetings (e.g., Kiwanis Club, Rotary, Chamber of Commerce and other organizations) regarding CRA matters within the scope of the CRA activities. • Conducts, directs and oversees all Public Relations activities for the CRA. • Handles all Board matters,policy matters and other related issues in order to accomplish Board Directives. • Sets all Board monthly meeting agendas and has oversight for all Board packets and to ensure all correct material is in packets etc. • Meets and confers with Board Attorney in order to ensure that Board policies and directives are being implemented appropriately. 2 • Serves as public interface with the development community by attending meetings, visiting sites, discussing issues for resolution, discussing architectural styles, negotiating, and providing guidance etc. • Directs and implements projects in the phase of completion and evaluation in order to bring back the infort-nation to the Board for their review and decision making on policies. • Provides oversight and assistance with all administrative and operational duties and issues for the CRA. • Prepares written evaluations on that the status of a program or project for the Board of Directors. • Prepares and responds to email messages from the Board, staff, developers, City officials and other personnel. • Attends monthly Board meeting, attends City commission meetings and two night meetings a month in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. PERFORMANCE EVALUATION DUTIES AND RESPONSIBILITIES: • Observes subordinates'job perforinance to ensure subordinate accomplishes goals and objectives. • Meets with subordinate(s) to discuss and review job performance necessary. • Analyzes and evaluates working conditions for improved employee output and requests and evaluates both written and oral input from employees to improve departmental services. • Conducts supervisory conferences or discussions with subordinates in reference to their performance. • Visits subordinates on-site to ensure observe their work and to provide assistance and input as necessary. • Informs subordinates of how their efforts, in any given project, affected the outcome of the total project. • Writes perfonnance appraisal reports. • Verbally praises subordinates. • Verbally reprimands subordinates. 3 KNOWLEJ�GE,SKILLS AND ABILITIES LIST: KNOWLEDGE • Knowledge of economic development issues, public relations and issues affecting urban revitalization. • Knowledge of financial packaging for development projects. • Knowledge of principles and practices of City Planning, Zoning, historic preservation and housing. • Knowledge of the financial and legal aspects relating to bond issue and sales and land acquisition. • Knowledge of marketing techniques relating to promoting programs. • Knowledge of principles and practices of administration and organizational theory. • Knowledge of research techniques, methods, and procedures. • Thorough knowledge of the principles,practices and laws surrounding redevelopment in the City of Boynton Beach and knowledge of the same in the State of Florida. • Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. • Knowledge of negotiation tools and techniques and to building practices. • Considerable knowledge of problem solving and conflict resolution practices and techniques. • Considerable knowledge of project and workload planning and organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs and change management. • Basic knowledge of principles and practices of budget preparation in the public sector. • Basic knowledge of the practices and methodologies of contract administration and the development and implementation of procedures. SKILLS • Skill in comprehending information and ideas clearly. • Skill and ability to make arithmetic computations with speed and accuracy. • Skill at operating a personal computer and related software including but not limited to word processing, spreadsheets and electronic mail. ABILITIES * Ability to lead a team of paraprofessional and professional staff. • Ability to identify and respond to community,Redevelopment Agency Board, and City Council issues, concerns, and needs. • Ability to make presentations to the CRA Board on a regular basis. 4 • Ability to facilitate public meetings, workshops, and negotiations, • Ability to engage in on-going process improvement review and implementation, both individually and as a to member and leader. • Ability to seek out opportunities for redevelopment and negotiate effective and constructive deals on behalf of the CRA. • Ability to provide vision and set operational goals to achieve the CRA vision, and identify and analyze administrative problems, and implement operational changes. • Ability to understand and contribute to the work of the CRA by ensuring effective service delivery. • Ability to deal constructively with conflict and develop effective resolutions. • Ability to exercises analytical judgment in areas of responsibility by identifying issues or situations as they occur and specifying decision objectives, assists in identifying alternative solutions to issues or situations, and implements decisions in accordance with prescribed and effective policies and procedures and with a minimum of errors, • Ability to exercise discretion and judgment in developing and implementing courses of action in carrying out responsibilities. Maintains firmness,objectivity, and fairness in implementing courses of action. • Ability to identify, assimilate and comprehend the critical elements of a situation; interpret the implications of alternative courses of action and evaluate factors essential to a problem solution; to separate relevant from irrelevant information. • Ability to develop and maintain excellent rapport, and cooperative and courteous relationships with boss, co-workers, officials, developers, city employees and the general public. Listens to and considers their suggestions and complaints and responds appropriately. • Ability to be adaptable to perfon-ning under stress when confronted with critical and/or high priority activities, events or unusual situations in which working with speed and sustained attention are make or break aspects of the job. • Ability to plan and organize constantly changing daily work flow by establishing priorities for the completion of work in accordance with sound time-management methodology; effectively and efficiently utilizes resources to achieve such goals and objectives. • Ability to speak to people to convey or exchange infon-nation;receive or provide assignments or directions; speak with others with poise, voice control and confidence; record and deliver and communicate effectively and efficiently with persons of varying educational and cultural backgrounds. • Ability to communicate orally in the English language with customers, clients, and the public in a one-to-one or group setting. • Ability to produce written documents in the English language with clearly- organized thoughts with proper sentence construction, punctuation, and grammar. • Ability to explain things clearly. Ability to remain fair and objective. • Ability to remain calm in stressful situations. • Ability to think under pressure. 5 • Ability to apply supervisory,management and leadership principles, practices concepts and techniques, • Ability to apply principles of time management. • Ability to favorably influence the activities of others (e.g., outside vendors). • Ability to identify and correct personal deficiencies. • Ability to display sensitivity to the feelings of others. • Ability to use diplomacy and tactfulness. • Ability to negotiate. • Ability to persuade others. • Ability to display patience. • Ability to demonstrate initiative. • Ability to withstand criticism. • Ability to follow directions. • Ability to obtain needed resources, as appropriate. • Ability to work independently. MINIMUM ENTRA�LCE )UA1,JFLCAT1ONS- _Q_ _ _t Graduate from an accredited college or university with a Bachelor's Degree in public or business administration, urban and regional planning, or related field. Eight (8) years of progressively responsible work experience in community redevelopment, urban renewal, real estate, finance and public relations, the majority of which shall have been in a responsible managerial capacity with budgetary development and responsibility. A Master's degree is preferred and may substitute for a portion of the required work experience; or an equivalent of training and experience. SPECIAL JOB Rt NTS IONS: This position requires the incumbent to work a standard 40 hour week which requires some flexibility. Working under pressure is unavoidable when schedules change and problems arise,but deadlines and goals must still be met. Incumbent performs majority of the work typically indoors. Work is usually performed sitting, standing, and walking. ESSENTIAL PHYSICAL UI NTS ENVIRONMENTAL i�ONDITIONS: • Sitting for long periods of time, standing, and walking. • Lifting and bending. • Use of telephone and the computer on a regular and continual basis. • Acceptable eyesight (with or without correction). • Acceptable hearing(with or without hearing aid). • Works inside with noise and heat. Reasonable accommodation will be made for otherwise qualified individuals with a disability. 6 Summary of Performance: Michael Simon, Executive Director, Boynton Beach CRA Evaluation Period:June 1, 2017—June 30, 2018 CRA Board Agendas and Meetings: 12 Special Meetings: 3 CRA Advisory Board Meetings: 10 City Commission Meetings: 22 Marina Village Master Association Board Meetings: 10 • Member of Florida Redevelopment Association's (FRA) Legislative Committee: Working with FRA to counteract proposed anti-CRA legislation. • Sun Sentinel, December 20, 2017—Published Opinion on how CRA Redevelopment Works. • 2017 FRA Board of Directors nominee. • Marina Village Master Association Board of Directors — Board member 11 consecutive years; Board Secretary, 4 years -present. • Obtained Public Private Partnership training and certification (CP3P) from APMG International and the University of Florida's Public Utility Research Center,Warrington College of Business. • Regular interaction and meetings with development professionals, business owners, citizen inquiries, neighborhood associations,public records requests and staff of numerous departments within the City of Boynton Beach. Awards — Recognitions: • Florida Redevelopment Association(FRA): Outstanding New Building Project -500 Ocean • 2018 FRA Annual Conference- Discussion Panel: Social Media Outreach Program • International Festivals and Events Association (IFFEA): 5 Gold Medal Awards 1 Silver Medal Award; and 2 Bronze Medal Awards • Florida Festivals and Events Association (FFEA): 4 First Place Awards; 3 Second Place Awards; and 2 Third Place Awards Agency Operations: • Fiscal Year 2017-2018 Budget Planning, Implementation and Management: $12,461,518 • Instituted an interactive process for the CRA Board and the public for Fiscal Year 2017-2018 Budget Project Funding allocations. • During the annual audit process, recommendation to reallocate excess operational carryover funds for acquisition of the mixed-use, high-density property located at 115 N. Federal Highway now serving as the temporary City Library site. • Fiscal Year 2016-2017 Budget Planning and Management: $11,837,214 • 2016-2017 Annual Compliance and Financial Audit — result: Clean Audit - No Findings, no inconsistencies. • Statutorily required Annual Report—Fiscal Year 2016-2017 • Property and Events Management — Instituted Emergency Planning for Office/Personnel and Crowd Management Training for all CRA Staff. • Procurement of Multi-year Contract for Landscape Maintenance Services for CRA owned properties (estimated annual savings: $36,000). • Hiring of CRA Assistant Director: Thuy Shutt,AIA,FRA-RA • Promotion of Finance Specialist,Vicki Hill,to Finance Director 0 Hiring of Jobara Jenkins,Finance Specialist • Promotion of Development Services Specialist, Theresa Utterback, to Development Services Manager • Promotion of Administrative Assistant, Bonnie Nicklien, to Administrative Services & Grants Manager • Hiring of Renee Roberts for the position of Social Media and Communications Specialist • Partnering with Career Source for the hiring of Social Media Consultants Matthew Meinzer and Jamil Donith for the pilot Social Media Outreach Program (SMOP) Commercial Economic Development Grant Programs: • Rent Reimbursement Program— 12 Businesses, $136,ioi in grant funding • Interior Buildout Program— 9 Businesses, $226,274 in grant funding • Commercial Fagade Program- 12 Businesses, $137,084 in grant funding • Construction Permit Program- 5 Businesses, $ 40,770 in grant funding • Social Media Outreach Program (SMOP) 38 Businesses assisted • Non-Profit Organization Grant (NOPG) Program— Instituted a formal process for the award of CRA funding to three (3) qualifying organizations for Statutorily eligible programs: $130,000 in grant awards. Projects: • Model Block Project: Project and Financial Management for Project site area re-platting services, NW 111h Avenue Street Improvement Project and transfer of 117 W. Martin Luther King Jr. Boulevard to Habitat for Humanity of South Pam Beach County for the construction and sale of a new affordable single family house built and sold to home owner. • Boynton Beach Boulevard Streetscape Improvement Project: Project and Contract Management for the design of construction documents. • Ocean Breeze East Project: Letter of Intent/Request for Proposal Process. Purchase and Development Agreement negotiation, document formation for sale of CRA owned land located at 70o N. Seacrest Boulevard. Assistance completion of the Developer's State of Florida's 9% Low Income Housing Tax Credit Program (LIHTC) application. Attended the Judge's preliminary funding determination hearing as a witness in Tallahassee. Currently, awaiting final ruling and award. • Sara Sims Park Improvement Project: Managed community input meetings, input surveys and marketing information. Project, Design and Financial Management with CRA/City staff. Currently above go%design plans,bidding to begin in August 2018. • Ocean One Project: Purchase and Development Agreement negotiation and Tax Increment Revenue Funding Agreement(TIRFA) for the sale of 222 N. Federal Highway • 500 Ocean Project: Project completed and operational. TIRFA management. • 711 N. Federal Highway Project: Purchase and Development Agreement negotiation and formulation. Project is currently in the City's Site Plan application process. • 48o E. Ocean Avenue Project: Owner obtained Certificate of Occupancy within the Amended timeframe. • 211 E. Ocean Avenue Project: Ongoing management of Purchase and Development Agreement's rights and obligations under the Development Timeline. Currently seeking Reversion of the Deed. • Transfer of property located at 201 NE 1St Avenue(CRA Parking Lot)to the City of Boynton Beach for use within the Town Square Project as the site for the new Fire Station *1 building. • Issuance of the Cottage District Infill Housing Redevelopment Project Request for Proposals and Qualifications. Presentation of Proposals to the CRA Board in August 2018. • Issuance of the Request for Proposals and Developer Qualifications for the Commercial and Residential Redevelopment of the Martin Luther King Jr. Boulevard Corridor, a 3.6 (+/-) Acre Site, within the Heart of Boynton District. Presentation of Proposals to the CRA Board in September 2018. • Neighborhood Officer Program (NOP): Report and compliance monitoring, budget and operations review and management. Town Square• • Evaluation Team member: Town Square Request for Proposals and Developer Qualifications • Executive Management Team member representing the CRA for the ongoing Project Development, Design, Finance and Implementation of the Town Square Project. • CRA Board, Project funding approval in June and September 2017. • Requested and obtained Palm Beach County Board of Commissioners' approval to use CRA funding for the Town Square Project in January 2018. • Ongoing Project and Financial Management of the High School Renovation Project- $4.6 million to date. • Ongoing Project and Financial Management and CRA Statutory Compliance Monitoring for Town Square. • Lease Agreement negotiations, formation and management between the CRA and the Boynton Beach Congregational United Church of Christ for use of a portion of the property located at 115 N. Federal Highway. • Lease Agreement negotiations, formation and management between the CRA and the City of Boynton Beach for use of a portion of the property located at 115 N. Federal Highway. Facilitated a savings to the City of more than $500,000 in lease costs for the Library relocation. • Facilitated the Sale and Purchase of 202 E. Boynton Beach Boulevard to the benefit of Town Square. Property Acquisitions: • Sale and Purchase Agreement negotiation and formulation for acquisition the Woman's Club of Boynton Beach property located at 1010 S. Federal Highway. • Sale and Purchase Agreement negotiation for six (6) Parcels within the Martin Luther King Jr. Boulevard Corridor area and Heart of Boynton District—Lot 13,NW 101h Ave; 211 NE 9�h Avenue; 209 NE 91h Avenue; 34o E.Martin Luther King Jr. Boulevard; Lot 156,NE 3rd Street; 110 NW 61h Avenue. CRA Special Events/Activities: Special Events Department overall is "under" Budget by approximately$61,00o for the Fiscal Year. Implemented the use of Sign Language Interpreter(s) at CRA Special Events. • 61h Annual Pirate Fest &Mermaid Splash—Attendance: 60,50o Guests Budget: $309,00o Expended: $305,527 • 471h Annual Holiday Tree Lighting and Concert- Attendance: 3,00o Guests Budget: $65,000 Expended: $65,100 (Overage directly related to increased costs in Police and Public Safety Elements) • 461h Annual Holiday Boat Parade - Attendance: 20,000+Viewing Guests Budget: $12,00o Expended: $8,708 • Movies in the Park— Nine (9) free movies; Average Attendance: loo Guests Budget: $18,000 Expended: $22,225 (Overage directly related to increased costs in Police and Public Safety Elements) • Music on the Rocks — Seven (7)free concerts; Average Attendance: 185 Guests Budget: $20,000 Expended: $20,134 (Overage directly related to increased costs in Police and Public Safety Elements) • The 3rd Annual Boynton Beach MLK Celebration of Unity—Attendance: 125 Guests Budget: $30,00o Expended$16,432 • The 4th Annual Boynton Beach Blarney Bash —Attendance: 3,50o Guests Budget: $25,000 Expended: $26,623 (Overage directly related to increased costs in Police and Public Safety Elements) Historic Women's Club of Boynton Beach (HWCBB): • Management and Operations of the HWCBB — event bookings, marketing and financial tracking • Procurement of regular maintenance and critical facility repairs —termite treatment, roof replacement,bee removal, interior and exterior painting,floor refinishing, etc. Grant Funding Awards: • Submission of a grant application to the Transportation Planning Agency(TPA) for $2.2 million in future construction funding of Boynton Beach Boulevard. Currently ranked *4 in award scoring. • Submission of a grant application and award: Southern Waste Authority (SWA) Blighted and Distressed Property Clean-up and Beautification Grant: award amount $73550; Women's Club Roof Replacement Project, 1102 N.Federal Highway building demolition:Tree replacement at the marina. Boynton Harbor Marina: • Negotiation and formulation of the 2017-2018 Multi-year Dockage Lease Agreement and Rental Rate. • Marina Operations Management— Seven (7) Days a Week and Holidays • Fiscal Year 2017-2018 -Projected Revenue: $1,119,86o Projected Expenses: $986,759 t [O N� N' 'k B �r v H y,1 RA CRAAdvisory Board Meeting Thursday, July 5, 2018 -6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 ADVISORYE 1. July 5, 2018 CRAAdvisory Meeting Cancelled. Notice THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRNS WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: July 10, 2018 CRAADVISORY BOARD AGENDAITEM: 15.13. SUBJECT: CRAAdvisory Board Meeting Minutes -June 07, 2018 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approve the June 07, 2018 CRAAdvisory Board Minutes ATTACHMENTS: Description D June 07, 2018 CRAAdvisory Board Minutes MINUTES OF THE CRAADVISORY BOARD MEETING IN CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, JUNE 7, 2018, AT 6:30 P.M. PRESENT: Linda Cross, Chair Robert Pollock, Vice Chair Michael Simon, CRA Executive Director Thomas Murphy, Jr. Thuy Shutt, CRAAssistant Director Rick Maharajh Theresa Utterback, CRA Dev. Svcs. Mgr. Allen Hendricks (arr. 6:47) Lisa Tayar, Prototype, Inc. ABSENT: James DeVoursney Anthony Barber 1. Call to Order The meeting was called to order at 6:34 p.m. 2. 1 nvocation 3. Roll Call Roll was called, and it was determined a quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Information Only A. Financial Report Period Ending May 31, 2018 6. Public Comment Ms. Sherry Johnson announced there will be a Culinary Fair on August 2nd from 2:00 to 6:00 pm. She noted that last year they had 30 vendors, but very few attendees. This year there will be more marketing of the event. 25 vendors are expected. Ms. Johnson further provided information regarding a brief background of the culinary industry, current trends, and the future of the industry. Marketing strategy for the Fair will include reaching out to local high schools, the Culinary Academy, the Florida Executive Chef Program, the Palm Beach Career Source Center, and the general community. Local businesses participating include Publix Meeting Minutes CRA Advisory Board Boynton Beach, Florida June 7, 2018 and Hilton Hotels, among others. Flyers will be available at the next CRA meeting for distribution. 7. Consent A. Approval of CRAAdvisory Board Meeting Minutes - May 03, 2018 Motion made by Mr. Murphy, seconded by Vice Chair Pollock, to approve the minutes of the May 3, 2018 meeting. In a voice vote, the motion passed unanimously (4-0). 8. Assignments A. Pending Assignments 1. None B. Reports on Pending Assignments 1. None C. New Assignments 1. None 9. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business 1. None B. New Business 1. Consideration of Community Caring Center of Greater Boynton Beach Inc.s' Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program Motion made by Mr. Maharajh, seconded by Mr. Murphy, to recommend approval of the Community Caring Center of Greater Boynton Beach, Inc.'s Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program in the amount not to exceed $57,681 over a period of six (6) months. In a voice vote, the motion passed unanimously (4-0). 2. Habitat for Humanity International's (d/b/a Habitat for Humanity South Palm Beach County) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program Motion made by Mr. Murphy, seconded by Vice Chair Pollock, to recommend approval of the Habitat for Humanity International's (d/b/a Habitat for Humanity South Palm Beach County) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program in the amount not to exceed $40,000 over 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida June 7, 2018 a period of twelve (12) months. In a voice vote, the motion passed unanimously (4-0). 10. Future Agenda Items A. Consideration and Discussion of Fiscal Year 2018/2019 Budget This item will be discussed at the July CRAAB meeting. There was then brief discussion regarding CRA contributions to the Town Centre in terms of dollar funding, bonding, interim financing, TIF payments, property tax increases, and budget targets all using the same spreadsheet/schedule previously approved in March. The larger number will include public and private sector amounts, excluding the energy plant. CRA portions consisted of $2.1 million, then $2.5 million, and then in 2019-2023 will be $3-3.5 million, dropping back to approximately $2.5 million thereafter. Chair Cross expressed her concern that project funding for the rest of the CRA will be ensured, not just for Town Centre. B. Boynton Beach Boulevard Streetscape Improvement Project Update C. Consideration of Proposals to the Cottage District Infill Housing Redevelopment Project Mr. Simon announced that a "get to know the Police Chief candidates" gathering will be held on June 11th, from 6:00 to 7:30 p.m. at Fire Station 5 and is open to the public He further announced the birth of Bonnie Nicklien's son, Isaac Walter. 11. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:01 p.m. [Minutes transcribed by L. Tayar, Prototype, Inc.] 3 Timeline of Events—211 East Ocean • Timeline of Agreement and Addenda o October 2015—CRA Board approved Purchase and Development Agreement with Shovel Ready Projects, LLC ("SRP"). • Feasibility period of 90 days to inspect property—January 4, 2016. • Submission of Major Site Plan documents to City of Boynton Beach within 45 days of the expiration of the feasibility period, or 45 days after final approval of design and site plan by CRA, whichever is later.—April 4, 2016(at earliest). • Submission of Construction Permit Application to City within 90 days of Major Site Plan approval.—On or about November 16, 2016, based on Major Site Plan approval received on or about August 18, 2016. • Commencement of Construction within 60 days of building permit approval date. • Certificate of Occupancy within 240 days from commencement of construction date (unless extended by force majeure, agreement, or forces beyond purchaser control). • Purchaser to receive certain CRA grants within 30 days of receiving certificate of occupancy, so long as certain paperwork is also timely submitted: • Commercial Façade grant up to $25,000 (match required). • Construction Permit reimbursement grant(2.3 or 3.3%, depending on cost, not to exceed $66,000). • Interior Build-Out grant—reimbursed up to $45,000 (match required). • [Not a grant] Reimbursement for construction costs up to $200,000. • [Reverter to CRA if timeline above not followed, or certain other reasons.] o February 2016- First Amendment • Amended contract to extend Feasibility Period to March 4, 2016 o November 2016—Second Amendment • Amended contract to allow purchaser to submit construction permit application to City to December 14, 2016. o April 2018—Addendum • Addendum executed requiring SRP to contain building permit on or before May 14, 2018, and outlining specific reverter procedures in the event a permit is not received. 01010627-1 • Timeline of events o SRP Submitted plans to the City in December 2016, and produced further plan revisions in March 2017 and April 2017. o September 20,2017—LLW sent letter to counsel for SRP, noting lack of activity and reminding SRP of reverter. o October 2017—SRP submits plans to City. o December 15,2017—CRA sends letter requesting SRP submit responses to City comment by December 21, 2017. o December 20,2017—SRP responds to say they are making progress (but does not agree to Dec. 21 submittal date). o January 18,2018—CRA board meeting, discussion of whether to start reverter action, but no motion passed concerning the property. o February 19,2018—LLW sent letter of default(per February 13 Board direction). o Feb-March,2018 -Various correspondences between attorneys regarding property. o May 15, 2018—LLW sent notice of default and demand for Deed within 30 days o May 24, 2018—counsel for SRP responds and contests default. o June 15,2018—LLW sent notice of default for SRP failure to return Deed 01010627-1 Subject: FW: INVOICES - 211 East Ocean Attachments: 211partialinvoices.pdf;ATT00001.htm; Fwd: 211 E ocean - MORE Original Message From: Tara Duhy<tduhy@llw-law.com> Sent: Monday, July 9, 2018 2:22 PM To: Grant, Steven<GrantS@bbfl.us> Cc: Simon, Michael <SimonM@bbfl.us> Subject: Fwd: INVOICES - 211 East Ocean FYI - Tara W. Duhy Lewis, Longman& Walker, P.A. (561) 640-0820 Begin forwarded message: From: Thomas Carney <tfc@carneystanton.com<mailto:tfcna,carneystanton.com>> Date: July 9, 2018 at 2:17:52 PM EDT To: Tara Duhy <tduhy@llw-law.com<mailto:tduhy(a llw-law.com>> Cc: Michael Simon<msimon@simonsigalos.com<mailto:msimon@simonsigalos.com>> Subject: FW: INVOICES - 211 East Ocean Good afternoon Tara, The Invoices are starting to come in. Attached is group 1 showing $51,132.08. I will have more for you later Tom 1 From: Tara Duhy <tduhy@Ilw-law.com> Sent: Monday, July 9, 2018 2:24 PM To: Grant, Steven Cc: Simon, Michael Subject: Fwd: 211 E ocean - MORE Part 2 Tara W. Duhy Lewis, Longman & Walker, P.A. (561) 640-0820 Begin forwarded message: From: Thomas Carney<tfc@carneystanton.com<mailto:tfc@carneystanton.com>> Date:July 9, 2018 at 2:18:54 PM EDT To:Tara Duhy<tduhy@Ilw-law.com<mailto:tduhy@llw-law.com» Cc: Michael Simon <msimon@simonsigalos.com<mailto:msimon@simonsigalos.com>> Subject: FW: 211 E ocean- MORE see below. This is for$7,269. I will have hard copy in the morning. From: Steve Labov [mailto:sl@localdevco.com] Sent: Monday,July 09, 2018 1:24 PM To:Thomas Carney Subject: Fwd: 211 E ocean Forwarded message From: Fran McNellis<franm@hankinsandman.com<mailto:franm@hankinsandman.com» Date: Mon,Jul 9, 2018 at 11:24 AM Subject: 211 E ocean To: Steve Labov<sl@shovelreadyprojects.us<mailto:sl@shovelreadyprojects.us>> Steve: my internet is down today due to the cable being cut. However this will confirm that our firm has received $7,269. In legal fees for 211E Ocean. Error! Filename not specified. franm@hankinsandman.com<mailto:franm@hankinsandman.com> Hankin Sandman Palladino &Weintrob 30 S. New York Aven ue<https://maps.google.com/?q=30+S.+New+York+Avenue+Atlantic+City,+N.J.+(609&entry=gmail&source=g> Atlantic City, N.J.<https://maps.google.com/?q=30+S.+New+York+Avenue+Atlantic+City,+N.J.+(609&entry=gmail&source=g> (609<https://maps.google.com/?q=30+S.+New+York+Avenue+Atlantic+City,+N.J.+(609&entry=gmail&source=g>) 344- 5161 Telefax- (609) 344-7913 www.hankinsandman.com<http://www.hankinsandman.com> 1 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 10/10/2016 3592 Vendor Bill Due 10/20/2016 AW Architects Terms 7700 Congress Ave Suite 1114 -4,10 Memo 211 Ocean Ave-Permit Fee Boca Raton, FL 33487 Expenses Account Memo Amount Customer:Job Permits and Licenses 211 Ocean Ave-Permit Fee 5,242.50 211 Ocean Ave Expense Total:5,242.50 Bill Total : $5,242.50 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 01/04/2017 3772 Vendor Bill Due 01/14/2017 AW Architects Terms 7700 Congress Ave Suite 1114 10 Memo Prof Srvices-211 Ocean Ave Boca Raton,FL 33487 Expenses Account Memo Amount Customer:Job Professional Fees Prof Srvces-211 Ocean Ave 937.61 211 Ocean Ave Expense Total :937.61 Bill Total : $937.61 Bill Shovel Ready Projects, LLC 630 North 3rd Street Date Ref. No. Philadelphia, PA 19123 12/07/2016 3708 Vendor Bill Due 12/17/2016 AW Architects Terms 7700 Congress Ave Suite 1114 Memo Prof Srvces-211 Ocean Ave Boca Raton, FL 33487 vpk-. Expenses Account Memo Amount Customer:Job Professional Fees Prof Srvces-211 Ocean Ave 7,030.56 211 Ocean Ave Expense Total:7,030.56 Bill Total : $7,030.56 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 11/15/2016 Vendor Bill Due 11/15/2016 AW Architects Terms 7700 Congress Ave Suite 1114 Memo 211 Ocean Ave, Boynton FL Boca Raton, FL 33487 19 1.43- - ` ' Expenses Account Memo Amount Customer:Job Professional Fees 211 Ocean Ave, Boynton FL 5,000.00 211 Ocean Ave Expense Total :5,000.00 Bill Total : $5,000.00 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 11/02/2016 3646 Vendor Bill Due 11/12/2016 AW Architects Terms 7700 Congress Ave Suite 1114 Ail Memo Architect-211 Ocean Ave Boca Raton,FL 33487 Expenses Account Memo Amount Customer:Job Professional Fees Architect-211 Ocean Ave 15,902.25 211 Ocean Ave Expense Total: 15,902.25 Bill Total : $15,902.25 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 09/30/2016 Vendor Bill Due 09/30/2016 AW Architects Terms 7700 Congress Ave Suite 1114 Memo Deposit on bldg permit-211 E. Ocean Ave, Boynton Boca Raton, FL 33487 *1-- Expenses Account Memo Amount Customer:Job Professional Fees Deposit on bldg permit-211 E. 7,000.00 211 Ocean Ave Ocean Ave, Boynton Expense Total : 7,000.00 Bill Total : $7,000.00 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 08/03/2096 3490 Vendor Bill Due 08/13/2016 AW Architects Terms 7700 Congress Ave Memo Prof Srvices-211 Ocean Ave Suite 1114 Boca Raton, FL 33487 Expenses Account Memo Amount Customer:Job Professional Fees Prof Srvces-211 Ocean Ave 14.66 211 Ocean Ave Expense Total : 14.66 Bill Total : $14.66 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 11/22/2017 CL17976291 Vendor Bill Due 12/02/2017 Hartzell Insurance Terms 2501 N Bethlehem Pike (Rt. 309) Memo 211 E Ocean Policy#CL 1797291 Hatfield, PA 19440to Expenses Account Memo Amount Customer:Job Insurance Expense 95.00 211 E. Ocean Blvd Expense Total : 95.00 Bill Total : $95.00 t II CGC 1521790 1/aall THOMASEVICH Cell(954)588-9384 �.' Office(561)209-6808 CONSTRUCTION, INC \tr N.,., .1.01,1 I Invoice _ I Bill To: Shover Ready Projects LLC Date Tern's Invoice 0 1630 N 3rd St1920997 {Philadetphfa PA 5/10/2018 Due on receipt _ Qty Description Amount Permit Eq edmng Time-Process for(3)separate aty 52 55.00 2.860.00 ca'ecton submittals for Tap Project in Boynton I y i i 3 t I I ['lease emit payment to: rTotal 1'hurnasevich(:Onsil Winn,Inc, $2,860.00 8401 Like Wurth I(d,Ste 212 Payments/Credits Lake Worth,P1.3;1467 Soma Balance Due 52,860.00 We appreciate your business. 3/27/2017 Boynton Beach Utility **153.99 One Hundred Fifty-Three and 99/100*****"****** """""******'"'"'* Boynton Beach Utility Electric Boynton Beach Utility 3/27/2017 153.99 PNC Bank Electric 153.99 Boynton Beach Utility 3/27/2017 153.99 PNC Bank Electric 153.99 Bill Shovel Ready Projects, LLC Date Ref. No. 630 North 3rd Street Philadelphia, PA 19123 12/13/2016 Vendor Bill Due 12/23/2016 City of Boynton Beach Building Dept Terms City of Boynton Beach Building Memo Plan Check Fees 211 E Ocean Ave Department Expenses Account Memo Amount Customer:Job Permits and Licenses Plan Check Fees-211 E 5,000.20 211 Ocean Ave Ocean Ave Expense Total:5,000.20 Bill Total : $5,000.20 Geotechnical&Construction Materials Nuttin Engineering,Testing,& Inspection Environmental Services 14:_kE Engineers Offices throughout the state of Florida of Florida Inc.l Established 1967 www.nuttingengineers.corn info@nuttingengineers.com Your Project is Our Commitment March 16, 2017 Miami Dade County Tier 2 CBE Palm Beach County SBE AW Architects SFWMD SBE Attn: Ms. Catheryn Espino Small Business Administration SBE 7700 Congress Avenue/Ste. 1114 for Federal Projects Boca Raton, FL 33487 Phone: 561.9974.1244x332/ Email: rcanjura@awarchs.com Re: Proposal/Agreement for Geotechnical Exploration Services Proposed Additions 211 E. Ocean Avenue Boynton Beach, FL 33435 Dear Ms. Espino: Nutting Engineers of Florida, Inc. (NE) is pleased to present this proposal/agreement for performing geotechnical engineering services at the referenced project. Per your email dated March 15, 2017 and review of the site plan provided, we understand that plans for this project include the construction of outdoor dining at the front of the existing residence, translucent canopy shelter with assorted concrete flooring, new metal roof attached to the front of the existing two story structure on site, large rear addition, new bocce court, dumpster enclosure, and brick paver installation at the referenced site. Based on your request for proposal and our understanding of the project, we propose the following scope of work and fee schedule. SCOPE OF WORK We propose to perform five Standard Penetration Test (SPT) borings in general accordance with ASTM D- 1586 specifications to a depth of 15 feet in the area of the proposed construction. At the completion of the on-site work, the soil samples will be returned to our laboratory. We will provide an engineering report including a description of our findings and general site preparation and foundation design recommendations for support of the proposed structure. In order to provide information concerning the engineering properties of the soils encountered, it is anticipated that tests may be performed to determine natural water content, organic content, and sieve analysis on representative soil samples collected from the site. The engineering report will include graphic logs of the test borings and a test boring location plan. We assume the site is accessible to truck mounted drilling equipment and that underground utilities will be cleared by others prior to our performing the on-site work. 1310 NEPTUNE DRIVE • BOYNTON BEACH,FLORIDA 33426 • 561-736-4900 • FAX 561-737-9975 Treasure Coast 772-408-1050 Broward 954-941-8700 • Miami Dade 305-824-0060 AW Architects Proposed Additions geo 211 E. Ocean Avenue,Boynton Beach,FL Page 2 of 4 FEE SCHEDULE The above-indicated scope of work will be performed for an estimated cost of $2,050.00 based on the following rates and quantities: Tech. site visit, boring layout, utility clearance Lump Sum $75.00 Mobilization of equipment/crew 1 @ $150.00 $150.00 SPT borings* (truck mounted drill rig) Lump Sum $950.00 (min) Soil classification/laboratory analysis Lump Sum $100.00 Project Engineer Lump Sum $600.00 Principal Engineer Lump Sum $125.00 Clerical/Admin. for report preparation Lump Sum $50.00 *If loose or deleterious soil is encountered it may be necessary to extend the soil boring(s). Additional requested and authorized services beyond those described above will be provided at customary unit rates with expenses at cost +20%. Also, the above rates are based on normal business hours. If this work requires night/weekend hours,the unit rates will be increased by 1.5. Construction Materials Testing(as may be required): Pile monitoring-$65.00/hour Proctors-$100.00/test Density tests-$25.00/test (5 min/trip) Concrete cylinders-$75.00/set Trip charge- $50.00/ea. (if required) Bearing capacity completion letter- $125.00 Clerical/Admin. -$40.00/hour Principal Engineer-$125.00/hour We currently anticipate starting this work within approximately four business days of receiving written authorization to proceed. The on-site work should take approximately one business day to complete. The geotechnical report should be available within approximately 10 - 12 business days after the on-site work is completed. NE has been offering geotechnical engineering, environmental sciences, materials testing, and structural inspection services for 50 years in South Florida and the Treasure Coast during which time we have worked on many similar projects. Our commitment to practical, cost effective solutions supported by responsive client services distinguishes our firm and enables us to solve your most demanding technical challenges. Another value added component NE brings to your project is our staff of experienced professionals including engineering geologists, geotechnical engineers, environmental specialists, field personnel who are certified and have been trained to provide a wide range of consulting services, and our dedicated administrative staff. 1310 NEPTUNE DRIVE • BOYNTON BEACH,FLORIDA 33426 • 561-736-4900 • FAX 561-737-9975 Treasure Coast 772-408-1050 Broward 954-941-8700 . Miami Dade 305-824-0060 AW Architects Proposed Additions geo 211 E. Ocean Avenue,Boynton Beach,FL Page 3 of 4 Our laboratory is checked annually by the Construction Materials Engineering Council (CMEC) and is certified to perform geotechnical engineering and materials testing services for the Florida Department of Transportation (FDOT). Note that we carry one million dollar professional liability and one million dollar general liability insurance. Thank you for providing us the opportunity to present this proposal/agreement. We look forward to working with you on this and future projects. Respectfully submitted, NUTTING ENGINEERS OF FLORIDA, INC. Scott Ersland James J. Flaig, P.E. Division Manager Principal/Chief Engineer Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agrees to be bound by the terms and conditions contained in this proposal. Deposit amounts are collected at time of written authorization to proceed. If you are a first time client, we request that the balance due for these services be paid at the time of report completion. Once your account is established, our terms are net 30 days. Any invoices over 30 days will be assessed a 1 1/2 percent service charge per month until paid in full. PLEASE ENTER INFORMATION LEGIBLY BELOW SO IT CAN BE UTILIZED FOR PROJECT SET-UP: SIGNATURE: DATE: PRINT NAME: TITLE: COMPANY NAME: ADDRESS: PHONE: FAX: EMAIL: AW Arch Prop Add 211 E Ocean Ave Boynton geo 3-16-17 General Terms and Conditions For the purpose of this project,the addressee of this proposal will be known as the Client.The client is expected to furnish NUTTING ENGINEERS OF FLORIDA,INC.("NE"),with accurate information Including sketch of survey and/or site plan,construction drawings/specifications as appropriate,details of proposed construction including the proposed structural system and loads or existing construction problem Information and site accessibility information as appropriate. Other information requirements may be detailed in the enclosed proposal. IF ANY CONDITIONS CHANGE such as building layout,loading.project specifications/design,or unusual site conditions are observed,NE should be notified immediately in writing about the changed condition for possible review and comment. Should the Client wish to impose other conditions and requirements beyond those contained in this proposal such as in a separate contract,we reserve the option to modify contract language,fee amounts,to remove our proposal from consideration or other measures as may be indicated. Delivery—Scheduled upon receipt of written authorization to proceed and deposit unless other arrangements are agreed to in writing.Additional report copies can be provided for a nominal fee to the Client. NE will exercise appropriate measures to ensure project completion within a reasonable time frame subject to existing workloads,However,NE will not be held responsible for unavailability of necessary project data and site access within the time frame agreed upon for the investigation.Project delivery may be delayed if the ENTIRE signed proposal and deposit are not received in a timely manner. The ENTIRE signed quotation should be returned along with the requested project information.This unsigned proposal is valid for 60 days. 1310 NEPTUNE DRIVE • BOYNTON BEACH,FLORIDA 33426 • 561-7364900 • FAX 561-737-9975 Treasure Coast 772-408-1050 • Broward 954-941-8700 • Miami Dade 305-824-0060 AW Architects Proposed Additions geo 211 E. Ocean Avenue, Boynton Beach,FL Page 4 of 4 Payment-No deposit required with signed agreement.Directing NE to proceed with the work shall constitute acceptance of the terms of NE's proposal and these General Terms and Conditions. Balance due upon delivery of report. Interest at the rate of 18%per annum or the highest rate allowable by law whichever Is less,will be added to all amounts not paid within 30 days after date of Invoice.All attorney fees and expenses associated with collection of past due invoices will be paid by Client. Insurance—NE maintains Workers'Compensation and Employer's Liability Insurance in conformance with state law, In addition,we maintain Comprehensive General Liability Insurance and Automobile Liability Insurance with bodily injury limits of$1,000,000.00 and property damage limits of$1,000,000.00. A certificate of insurance can be supplied evidencing such coverage which contains a clause providing that fifteen days written notice be given prior to cancellation. Right-of-Entry-Unless otherwise agreed,Client will furnish right-of-entry on the property for NE to make the planned borings,surveys,and/or explorations. NE will not be responsible for removing fences,earth berms,vegetation or other obstructions for purposes of our investigation. NE will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures,but the cost of restoration or damage which may result from the planned operations Is not included In the contracted amount. If Client desires to restore the property to its former condition,NE will accomplish this and add the cost to its fee. Client agrees to waive all claims arising from or related to the failure to provide NE with proper access to conduct its work. Damage to Existing Man-made Objects-It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to routes of access,field tests,sampling,or boring locations. When cautioned,advised or given data in writing that reveal the presence or potential presence of underground or over-ground obstructions,such as utilities,septic tanks,etc.,NE will give special instructions to its field personnel. In addition,Client waives any claim against NE arising from damage to existing man-made objects. Warranty and Limitation of Liability-NE shall perform services for Client in a professional manner,using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and NE is promptly notified in writing prior to one year after completion of such portion of the services,NE will re-perform such portion of the services,or if re-performance is Impracticable,NE will refund the amount of compensation paid to NE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty,expressed or implied,including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services,by furnishing an oral response of the findings made or by any representations made regarding the services included in this agreement.In no event shall NE or any of its professional employees be liable for any special,indirect,Incidental or consequential loss or damages, including but not limited to impact and delay claims.The remedies set forth herein are exclusive and the total liability of consultant whether in contract,tort(including negligence whether sole or concurrent),or otherwise arising out of,connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or$50,000.00, whichever is greater.At additional cost,Client may obtain a higher limit prior to commencement of services. PURSUANT TO §558.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF,CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Indemnification—Client agrees to defend,indemnify and save harmless NE from all claims,including negligence claims,suits,losses,personal injuries,death and property liability resulting from NE's performance of the proposed work,whether such claims or damages are caused in part by NE,and agrees to reimburse NE for expenses in connection with any such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify is limited to$2 million per occurrence,which Client agrees bears a reasonable commercial relationship to the Work undertaken by NE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents,if any. Sampling or Testing Location-Unless specifically stated to the contrary,the unit fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others and/or estimates made in the field by our technicians. Such dimensions,depths or elevations should be considered as approximations unless otherwise stated In the report.It is understood that all drilling locations are accessible to conventional truck mounted drilling equipment unless otherwise specified by the client.If unscheduled remobilizations or use of portable or all terrain equipment is required additional charges will apply. NE will attempt to clear utilities at our excavation/test locations by manual drilling to 3' below land surface (BLS). Any utilities/obstructions present at client specified test locations or below 3'BLS will be the responsibility of the client. Sample Handling and Retention—Generally soil test samples are retained for approximately three months after which time they will be discarded unless written Instructions to the contrary are received from the client. Legal Jurisdiction-The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in Palm Beach County,Florida. Any and all causes of action arising out of NE's performance of the Work,including but not limited to claims for indemnity,contribution and equitable subrogation,shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than the date of NE's last Invoice for the Work performed hereunder. Force Majeure-NE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire,flood,explosion,war, strike,embargo,government requirement,civil or military authority,acts of God,act or omission of subcontractors,carriers,client or other similar causes beyond its control. Documents-NE shall be entitled to rely upon the accuracy and completeness of all surveys,reports and information fumished by the client. If conditions different from those described in our report are found at the site,NE should be notified in writing immediately upon discovery.NE reserves the right to revise conclusions and recommendations presented In the final report should additional information regarding the project become available. All permits will be obtained by others unless otherwise specified in this proposal or in writing to NE. NE has no liability for consequences of information not provided or unavailable or otherwise not reviewed or known from the normal sources customarily examined by NE in such investigations within the time frame allowed for this investigation under this agreement. The client,entities Identified in writing on the address portion of our report,design team professionals engaged by our client and building official staff are entitled to use and rely upon NE'S reports for purposes of the current project. Other parties are not authorized to use or rely upon NE'S reports unless NE so states In writing. NE-General Contract Terms and Conditions Dec 2015 cc: Richard C.Wohlfarth,P.E.—Principal/Director of Engineering Kristina Berryman—Business Development Manager James Lendl—CMT Department Manager AW Arch Prop Add 211 E Ocean Ave Boynton geo 3-16-17 1310 NEPTUNE DRIVE • BOYNTON BEACH,FLORIDA 33426 • 561-736-4900 • FAX 561-737-9975 Treasure Coast 772-408-1050 , Broward 954-941-8700 • Miami Dade 305-824-0060 Y18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 2,421,686 $ 12,285,440.00 $ 12,950,510.00 $ 12,995,851.00 $ 13,564,442.00 $ 13,628,683.00 $ 13,694,849.00 $ 13,763,003.00 $ 13,833,200.00 $ 13,905,502.00 $ 13,924,210.00 $ 13,943,479.00 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 1,000,000 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 3,421,686 $ 12,285,440.00 $ 12,950,510.00 $ 12,995,851.00 $ 13,564,442.00 $ 13,628,683.00 $ 13,694,849.00 $ 13,763,003.00 $ 13,833,200.00 $ 13,905,502.00 $ 13,924,210.00 $ 13,943,479.00 2,136,465 $ 2,140,851.80 $ 2,137,821.60 $ 2,140,528.40 $ 2,136,830.00 $ 2,135,817.40 $ 2,317,425.20 $ 2,319,093.00 $ - $ - $ - $ - 2,822,918 $ 2,907,605.54 $ 2,994,833.71 $ 3,084,678.72 $ 3,177,219.08 $ 3,272,535.65 $ 3,370,711.72 $ 3,471,833.07 $ 3,575,988.06 $ 3,683,267.71 $ 3,793,765.74 $ 3,907,578.71 1,000,000 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,001.00 $ 1,000,002.00 5,959,383 $ 6,048,457.34 $ 6,132,655.31 $ 6,225,207.12 $ 6,314,049.08 $ 6,408,353.05 $ 6,688,136.92 $ 6,790,926.07 $ 4,575,988.06 $ 4,683,267.71 $ 4,793,766.74 $ 4,907,580.71 577,500 $ 606,375.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 21,000 $ 22,050.00 $ 23,152.50 $ 24,310.13 $ - $ - $ - $ - $ - $ - $ - $ - 409,500 $ 429,975.00 $ 451,473.75 $ 474,047.44 $ 497,749.81 $ - $ - $ - $ - $ - $ - $ - 173,250 $ 181,912.50 $ 191,008.13 $ 200,558.53 $ 210,586.46 $ 221,115.78 $ - $ - $ - $ - $ - $ - 110,250 $ 115,762.50 $ 40,000.00 $ 42,000.00 $ 44,100.00 $ 46,305.00 $ 48,620.25 $ - $ - $ - $ - $ - - $ 569,946.00 $ 617,942.00 $ 636,480.00 $ 655,575.00 $ 450,161.00 $ 463,666.00 $ 238,788.00 $ 245,952.00 $ 253,330.00 $ 260,930.00 $ - - $ - $ - $ 480,264.00 $ 495,176.00 $ 510,535.00 $ 526,354.00 $ 542,649.00 $ 559,432.00 $ 576,718.00 $ 396,349.00 $ 396,349.00 - $ - $ - $ - $ 391,417.00 $ 403,520.00 $ 415,986.00 $ 428,827.00 $ 442,052.00 $ 455,674.00 $ 469,705.00 $ 322,771.00 1,291,500 $ 1,926,021.00 $ 1,323,576.38 $ 1,857,660.09 $ 2,294,604.27 $ 1,631,636.78 $ 1,454,626.25 $ 1,210,264.00 $ 1,247,436.00 $ 1,285,722.00 $ 1,126,984.00 $ 719,120.00 1,170,803 $ 4,310,961.66 $ 5,494,278.32 $ 4,912,983.79 $ 4,955,788.65 $ 5,588,693.17 $ 5,552,085.83 $ 5,761,812.93 $ 8,009,775.94 $ 7,936,512.29 $ 8,003,459.26 $ 8,316,778.29 FY 2018/2019 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 6,170,803 4,310,962 5,494,278 4,912,984 4,955,789 5,588,693 5,552,086 5,761,813 8,009,776 7,936,512 8,003,459 8,316,778 340,909 6,511,712 $ 6,511,712 red FY18/19 Staff Recommendations 3,700,000 $ 3,700,000 3,700,000 3,700,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 1,500,000 1,500,000 1,500,000 $ 300,000 109 - $ 492,712 - - - - - - - - - - - - $ 300,000 - - - $ 370,000 - - - $ 519,000 - - - $ 80,000 - - - - - - - - - - - - $ 160,000 - - - - - - - - - - - - $ 60,000 - $ 150,000 - $ 250,000 - - - - - - - - - - - $ - - - - $ - - - $ - - - - $ 125,000 - - - - - - - - - - - $ - - - - - - - $ - - - - - - - - $ - _ - $ - _ - $ - $ - )09 $ - - - - - - - - - - d 0. 3,700,000 $ 6,506,712 3,700,000 3,700,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 1,500,000 1,500,000 1,500,000 o10. 2,811,712 $5,000 610,962 1,794,278 2,662,984 2,705,789 3,338,693 3,302,086 3,511,813 5,759,776 6,436,512 6,503,459 6,816,778 '18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 ,421,686 $ 12,285,440.00 $ 12,950,510.00 $ 12,995,851.00 $ 13,564,442.00 $ 13,628,683.00 $ 13,694,849.00 $ 13,763,003.00 $ 13,833,200.00 $ 13,905,502.00 $ 13,924,210.00 $ 13,943,479.00 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - ,000,000 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 ,421,686 $ 12,285,440.00 $ 12,950,510.00 $ 12,995,851.00 $ 13,564,442.00 $ 13,628,683.00 $ 13,694,849.00 $ 13,763,003.00 $ 13,833,200.00 $ 13,905,502.00 $ 13,924,210.00 $ 13,943,479.00 I ,136,465 $ 2,140,851.80 $ 2,137,821.60 $ 2,140,528.40 $ 2,136,830.00 $ 2,135,817.40 $ 2,317,425.20 $ 2,319,093.00 $ - $ - $ - $ - ,822,918 $ 2,907,605.54 $ 2,994,833.71 $ 3,084,678.72 $ 3,177,219.08 $ 3,272,535.65 $ 3,370,711.72 $ 3,471,833.07 $ 3,575,988.06 $ 3,683,267.71 $ 3,793,765.74 $ 3,907,578.71 ,000,000 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,001.00 $ 1,000,002.00 ,959,383 $ 6,048,457.34 $ 6,132,655.31 $ 6,225,207.12 $ 6,314,049.08 $ 6,408,353.05 $ 6,688,136.92 $ 6,790,926.07 $ 4,575,988.06 $ 4,683,267.71 $ 4,793,766.74 $ 4,907,580.71 577,500 $ 606,375.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 21,000 $ 22,050.00 $ 23,152.50 $ 24,310.13 $ - $ - $ - $ - $ - $ - $ - $ - 409,500 $ 429,975.00 $ 451,473.75 $ 474,047.44 $ 497,749.81 $ - $ - $ - $ - $ - $ - $ - 173,250 $ 181,912.50 $ 191,008.13 $ 200,558.53 $ 210,586.46 $ 221,115.78 $ - $ - $ - $ - $ - $ - 110,250 $ 115,762.50 $ 40,000.00 $ 42,000.00 $ 44,100.00 $ 46,305.00 $ 48,620.25 $ - $ - $ - $ - $ - - $ 569,946.00 $ 617,942.00 $ 636,480.00 $ 655,575.00 $ 450,161.00 $ 463,666.00 $ 238,788.00 $ 245,952.00 $ 253,330.00 $ 260,930.00 $ - - $ - $ - $ 480,264.00 $ 495,176.00 $ 510,535.00 $ 526,354.00 $ 542,649.00 $ 559,432.00 $ 576,718.00 $ 396,349.00 $ 396,349.00 - $ - $ - $ - $ 391,417.00 $ 403,520.00 $ 415,986.00 $ 428,827.00 $ 442,052.00 $ 455,674.00 $ 469,705.00 $ 322,771.00 ,291,500 $ 1,926,021.00 $ 1,323,576.38 $ 1,857,660.09 $ 2,294,604.27 $ 1,631,636.78 $ 1,454,626.25 $ 1,210,264.00 $ 1,247,436.00 $ 1,285,722.00 $ 1,126,984.00 $ 719,120.00 I 170,803 $ 4,310,961.66 $ 5,494,278.32 $ 4,912,983.79 $ 4,955,788.65 $ 5,588,693.17 $ 5,552,085.83 $ 5,761,812.93 $ 8,009,775.94 $ 7,936,512.29 $ 8,003,459.26 $ 8,316,778.29 FY 2018/2019 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 6,170,803 4,310,962 5,494,278 4,912,984 4,955,789 5,588,693 5,552,086 5,761,813 8,009,776 7,936,512 8,003,459 8,316,778 340,909 t 6,511,712 $ 6,511,712 3 :red FY18/19 Staff s Recommendations 3,700,000 $ 3,700,000 3,700,000 3,700,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 1,500,000 1,500,000 1,500,000 - $ 300,000 909 - $ 492,712 - - - - - - - - - - - - $ 300,000 - - - - - - - - - - - - - $ 370,000 - - - - - - - - - - - - - $ 519,000 - - - - - - - - - - - - - $ 80,000 - - - - - - - - - - - - - $ 160,000 - - - - - - - - - $ 60,000 - $ 150,000 - - $ 250,000 - - - - - - - - - - - - - $ - - - - - - - - - - - - - - $ - - - - - - - - - - - - - - $ - - - - - - - - - - - - - - $ 125,000 - - - - - - - - - - - - - $ - - - - - - - - - - - - - - $ - - - - - - - - - - - - - - $ - - - $ - - - $ - - $ - 909 - $ - - - - - - - - - - - - ad 10. 3,700,000 $ 6,506,712 3,700,000 3,700,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 2,250,000 1,500,000 1,500,000 1,500,000 ro► 2,811,712 $5,000 610,962 1,794,278 2,662,984 2,705,789 3,338,693 3,302,086 3,511,813 5,759,776 6,436,512 6,503,459 6,816,778 a.> .. Vim. i —1 s C I �\ �'r +I , _J � 40 \\ I i Igb ,(_IHTArcco NOT A P \� Z E. PART 1 4116 // n l _ 1, L i 1 EXISTING RACQUETBALL 1 r- - �� ,F COURT , k i \ _ , . , DECORATIVE \ "- : — I CONCRETE '- " f z;s 1 OPEN LAWN "r all" / . !' c 2 ..-.-- i� PICNIC PAVILION 4 t I —�- VRA RESTROOM BUILDING EXISTING PLAYGROUND jllIll1011.1111' 4 WITH NEW TREE 40 1°141t NW g-CH p�E 3 ` r '- 41t '"P. '.. �F r .„,,..._ 4: rik- , /‘‘P)4 ' w iir'' i -� N uµ SITE AMENITIES: err v Z 1 N ill 4 1M. Z ;I\ \\\\\\\\\\\ I-, 1 - ,- i BENCH TRASH RECEPTACLE PICNIC TABLE GRILL BIKE RACK D It -_fL' " i ; P I 4t 44 _ n 1Ud d' I • PARK AREA LIGHT POLE PARKING LOT LIGHT POLE RESTROOM BUILDING PAVILIONS FENCING D T 2018 SARA SIMS PARK IMPROVEMENTS OYNTOI ....BEACH BOYNTON BEACH GRAPHIC DESIGN SERVICES ON AN ANNUAL BASIS REQUEST FOR PROPOSAL(RFP) SUBMISSION CONTENTS SUFFICIENCY CHECKLIST SUBMISSION DEADLINE JUNE 25, 2018 @ 2:00 P.M. Respondents plicity RPM Design+ Pat Davis Design Ryan William's Campbell Damn Good Sack Lunch VUP Media Cubic,Inc. DFS&Graphics Green Group Studio ins Group Production Group Agency Creative Agency Marketing p 5:30 pm 6/25 @ 10:10 am 6/25 @ 10:10 am 6/25 @ 10:28 am 6/25 @ 10:29 am 6/25 @ 11:14 am 6/25 @ 11:47 am 6/25 @ 12:19 pm 6/25 @ 1:31 pm 6/25 @ 1:34 pm 6/25 @ 1:58 pm ✓ V V V V V V V V V V ✓ V V V V V V V V Incomplete ✓ ✓ V V V V V V V V V V ✓ V V V V V V V V ✓ V ✓ V V V V V V V V V V ✓ V V V V V V V V V V ✓ V V V V V V V V V V ✓ V V V V ✓ V V V V V ✓ V V V V V V V V V V 69,750.00 $ 38,850.00 $ 46,764.00 $ 46,930.00 $ 76,400.00 $ 32,165.00 $ 34,950.00 $ 66,500.00 $ 84,675.00 $ 73,675.00 $159,440/$84,640 5,625.00 $ 2,000.00 $ 2,000.00 $ 3,040.00 $ 20,000.00 $ 2,300.00 $ 5,000.00 $ 10,000.00 $ 3,300.00 $ 2,250.00 $ 3,840.00 75,375.00 $ 40,850.00 $ 48,764.00 $ 49,970.00 $ 96,400.00 $ 34,465.00 $ 39,950.00 $ 76,500.00 $ 87,975.00 $ 75,925.00 $163,280/$88,480 per hour $45-75 per hour $50-75 per hour $95 per hour $160 per hour $60 per hour $100 per hour $200 per hour $150 per hour $85 per hour $90 per hour ✓ V V V V V V V V V V ✓ V V V V V V V Incomplete V V ✓ V V V V V V V V V V ✓ V V V V V V V V V V ✓ V V V V V V V V V V ✓ V V V V V V V V V V ✓ V V V V V V V V V V ✓ V V V V V V V V V V ✓ V V V V V V V V V V )t Local Not Local Not Local Business x Not Local Business Not Local Not Local Not Local Not Local Not Local registered in FL) (Not registered in FL) Not Local Business asiness Business (Not g (Not registered in FL) Business Business Business Business Business ✓ V n/a n/a n/a V V V V V V GRAPHIC DESIGN SERVICES ON AN ANNUAL BASIS REQUEST FOR PROPOSAL(RFP) CUMMULATIAVE TOTAL SCORES SUBMISSION DEADLINE JUNE 25,2018 @ 2:00 P.M. RESPONDENTS Simplicity RPM Design& Pat Davis Design Ryan's Williams Campbell Damn Good Sack Lunch Green Group VUP Media Cubic,Inc. DFS&Graphics )n Solutions Group Production Group Agency Creative Agency Marketing Studio 40 66 38 50 78 73 55 76 85 61 53 63 75 63 74 66 73 70 64 71 71 60 44 74 33 63 84 82 70 73 80 84 61 45 60 50 60 75 80 50 60 85 60 60 53 71 57 63 66 71 50 58 80 56 48 47 65 50 63 68 72 71 61 76 53 54 292 411 291 373 437 451 366 392 477 385 336 11 4 12 7 3 2 8 5 1 6 9