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H fIA O W a (d 00 .. M M .. N � � Pa Q q tr rl 3 75 Q) 4 00 00 h N 44 O W U P� -H a Q) x a N -I-) �(d H m ° H° O W rd �4 M P� W o O h a N N N N 4- -w O x W W W Q O �A O Pa J 1 rl I$ 3 r �-4 -H Q) CD N N N N J A O U 4-4 It N N N O O ON O m�7 d a 1 U U) p H U1 U1 N N q Ul N N n 04 O U Pi v 4j N 00 M OD 0 P� Q) O -,1 I Pi O P� H O L-4 H q rl N N N Fi O Pa Ei Pa U) O O O -H O U N q O U O W 41 a) FC ro 3�� � f � U r= U rd q W U FG Ei H U +� FC h h g U U i � N• � � - U N (d U Q) UP1 w W ai 9 FG x x Ei q P4 q � rx . . . U . . a) . 4-4 f� -H fL 3 Q) U FG qW pq 3 U -1 O 4-i bpi Ewi Exi W w U1 J-1 O { OEi H N M L(1 9 H f4 r I N Pa �� Q H S Z ] ] f� (� H U a �a4 -r, >izazU Hf< FG o30HQ QH�i�Pa9 �D Ei q O M O O H 5C 5C U) U Pa Z Pa 0. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM, ON JANUARY 14, 2022, AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, l00 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance Mayor Morgan led the Pledge of Allegiance. III. Roll Call Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley Vice Mayor Paul A. Lyons Commissioner Joan K. Orthwein Commissioner Donna White Commissioner Also Present & Participating: Gregory Dunham Town Manager Edward Nazzaro Asst. Town Attorney Edward Allen Chief of Police Rita Taylor Town Clerk IV. Minutes A. Regular Meeting of December 10, 2021 Vice Mayor Stanley made a motion to approve the minutes of the regular meeting on December 10, 2021. Commissioner White seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were none. VI. Announcements A. Regular Meetings and Public Hearings 1. February 11, 2022, at 9:00 A.M. 2. March 11, 2022, at 9:00 A.M. 3. April 8, 2022, at 9:00 A.M. 4. May 13, 2022, at 9:00 A.M. 5. June 10, 2022, at 9:00 A.M. 6. July 8, 2022, at 9:00 A.M. 7. August 12, 2022, at 9:00 A.M. Mayor Morgan called attention to future meeting dates. VII. Communication from the Public (3 min. maximum) Chief Allen introduced the newest Police Officer, Joe Yungk, to join the Gulf Stream Police Department. Mayor Morgan stated that the Town has a great relationship with their police officers and welcomed him to the team. Minutes of Town Commission Regular Meeting January 14, 2022 @ 9:00 A.M. VIII. Reports A. Town Manager 1. Utility Undergrounding Town Manager Dunham stated that the crews were presently working on 12 cutovers to complete the condos from Sea Road to Little Club Road and once that is completed, they would drop the aerial node south of Little Club to the underground location and then would begin their wreck-out. He added that the wreck-out of the Core was complete. Mr. Dunham stated that he had contacted FP&L and their standard operating procedures were not to take down any poles until all the other services were complete, but he had suggested to Mr. Robert Weese, the FP&L representative, that they could begin taking down the poles in the Core area, to which Mr. Weese told him he would check with the powers that be to see if this was a possibility. Mr. Dunham added that the holidays had come into play with Comcast finishing, as well as difficulty getting people to work. 2. Update on Gas-Powered Leaf Blowers Town Manager Dunham reminded everyone of the results from the survey done in Place au Soleil with it being 50/50 from those responding, which weren’t very many. He stated that there had been approximately 60 respondents from the Civic Association that were in favor and 20 who were against or not interested at all. Mr. Dunham asked for a consensus from the Commission on how to proceed. Discussion was had among the Commissioners with Commissioner Orthwein not wanting to put any undue hardship on the landscaping companies and Commissioner Lyons in favor of switching over from gas-powered and didn’t see any downside. Mr. Curtiss Roach, Town resident and President of the Civic Association, stated that he did a test with his neighbor as one had an electric blower and one a gas blower and although the electric was less loud, he stated they were both loud. It was decided to table the discussion for a month while the staff reached out to neighboring communities and the landscaping companies to see how many already had battery-powered leaf blowers. 3. Concerns: Massing & it’s impact on neighborhood character Town Manager Dunham stated the staff had been looking at the Town Code to address the massing issue and referred to Assistant Town Attorney Nazzaro to give a report. Mr. Nazzaro stated he had spoken to Town Attorney Randolph regarding excessive similarities, dissimilarities, prohibitions, etc. He then read a section of the Palm Beach Town Code that prohibited excessively dissimilar buildings or structures within a certain distance of one another and suggested we add this language to the Gulf Stream Town Code. Assistant Town Attorney Nazzaro stated that this language takes the concept of the neighborhood district by looking at the street view and what it is doing when you drive by relative to within 200 ft. He added that this would help the staff give counsel when the applicant is going through the pre- application process as well as help the ARPB and Commission when 2 Minutes of Town Commission Regular Meeting January 14, 2022 @ 9:00 A.M. recommending and approving applications. The Commission seemed to be in favor of this proposal, but Mayor Morgan also thought there needed to be more specific changes regarding special exceptions by not allowing special exceptions on two-story homes and allowing them on single-story to encourage more single-story homes. Mayor Morgan also suggested lowering the roof height on two-story homes because of the elevation levels having to be raised per government regulations. One more suggestion was made by Mayor Morgan which was adding more of a set back for two-story homes than one-story. Vice Mayor Stanley was concerned about roof pitch when lowering the second-story roof height and asked Mr. Nazzaro to investigate that issue. Commissioner Orthwein was in agreement on reducing the setbacks on one-story homes to encourage them. Commissioner Lyons was concerned about rear setbacks and massing. Mrs. Patricia Murphy, Town resident, had concerns about massing on the Intracoastal and wanted to know how that was going to be addressed. Mayor Morgan stated this was the issue at hand with the house on Banyan that technically meets the Code but doesn’t fit within the Core because of the impact not just from the street, but on the water. Mr. Bill Boardman, Town resident, stated he thought the proposal was fantastic and very impressed at the progress one month had made and thought it would be a major improvement. He added that he agreed with all of Mayor Morgan’s suggestions as well. Mr. Boardman questioned whether 200 ft. was enough and thought it may need to be broadened. Mayor Morgan stated this was a great starting point and there was always a risk of unintended consequences when you begin changing things. He thought it might behoove the staff to get some expert analysis on changes the Town was thinking of making and what the positives and negatives may be. Town Manager Dunham stated that when he was on staff in Manalapan, they had reached out to the Palm Beach Planning and Zoning for input and suggested that Gulf Stream possibly do that as well. Commissioner Lyons thought the FAR should be looked at as well, but Commissioner Orthwein thought the FAR had worked for 25 years and didn’t need to be changed. Commissioner Lyons stated that the Village of South Hampton dealt with these same issues and told the staff he would get them in contact with someone to see if they had any suggestions. Commissioner Orthwein thought the dissimilarity language should be added immediately while the other items were being looked at. The other Commissioners agreed. Mayor Morgan asked that the staff compare Gulf Stream’s FAR with other municipality’s similar in size. Vice Mayor Stanley stated all these items seemed to be angling toward getting a survey done. Assistant Town Attorney Nazzaro stated that the Town had three levels of applications with the Town and that he would like to make a change to Level 1 language to read “not significantly” instead of “significantly”. The Commission was unanimous in agreeing to this language being changed. 3 Minutes of Town Commission Regular Meeting January 14, 2022 @ 9:00 A.M. Assistant Town Attorney Nazzaro suggested changes to be made regarding special exceptions to which Mayor Morgan asked that he send a memo out to the Commission regarding these changes and they would be discussed at the next meeting. Mrs. Murphy asked what the requirements were for revisions. Mayor Morgan questioned what she was referring to and Mrs. Murphy stated there was a fire pit across from her that was five or six feet above grade and there was no elevation or landscaping plan for this, so she wanted to know what it was going to look like as it was impacting the entire cove. Town Manager Dunham stated that staff could not find a revision but were in the middle of investigating this issue. Mrs. Murphy wanted to know if input could still be made regarding the fire pit to which Mr. Dunham stated the structure met the Town Code, they just needed the documents that a revision would require. B. Architectural Review & Planning Board l. Meeting Dates a. January 27, 2022, at 8:30 A.M. b. February 24, 2022, at 8:30 A.M. c. March 24, 2022, at 8:30 A.M. d. April 8, 2022, at 8:300 A.M. e. May 26, 2022, at 8:30 A.M. f. June 23,2022, at 8:30 A.M. g. July 28, 2022, at 8:30 A.M. Mayor Morgan called attention to the dates. C. Finance Director l. Financial Report for December 2021 Mayor Morgan accepted the report as submitted. D. Police Chief l. Activity for December 2021 Mayor Morgan accepted the report as submitted. Chief Allen gave an update on an incident that had happened two nights prior on Middle Road and explained that the police had done everything they were legally allowed to do regarding the incident. IX. Items for Commission Action A. Agreement W/Baxter & Woodman-Core Area Improvements Phase I & II. Mrs. Rebecca Travis gave a presentation of the contract proposal for design and permitting and the timeline of these improvements. Mrs. Travis stated there would be a dedicated link for the project to be put on the Town’s website where the schedule would be posted daily, weekly, and monthly of what was happening with pictures, etc. and questions could be asked on this link as well. Vice Mayor Stanley made a motion to approve the Consulting Agreement for the Core Area Improvements Phase I and Phase II as presented. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 4 Minutes of Town Commission Regular Meeting January 14, 2022 @ 9:00 A.M. B. Items by Mayor & Commissioners Mayor Morgan stated he would be sending out a letter with all the information regarding the Core Area Improvements and the timeline of when it would begin. X. Adjournment Mayor Morgan adjourned the meeting at 10:27 A.M. Reneé Basel Deputy Clerk 5 � u � 4 O u N +O u Cn O .o 1 �, ... v a, m 4.1 O cz r. o + o� M M cC N cz o J 0 U O O U bA O N N u O o0 E ' S1, O bA a-+ O .., � iC O Z 00 3 cn N u ct CA u cp r. � �CZ W N 4-1a. v o OV O d' U btu E•-+ u v H Q [� m y W d c� u w-4 *" al v bA w boo cn o a, ft 'd ;CIA C) v � 00 00 +~ W O a W -� •� A o � p 44 aJ O �, a, cn .., w •., v ra. a, O C u N V) a, u O O H n O O u u u a, U) � w u 05 v Un UQ LO 0 0 cn cn a� aJ c� O O 0 0 0 O u v i� .. 0 u I ate-+ O � O ° >O �O V 4-1 � 4 � ^" CZ o O O � U U' a� N° o w 4-4o o bUA U O 4 -0 CZ w s, U U H � ;-4�O U 14, ° a) W > ° -W by U O ° O 4- cu o "O 'O 1;-4 ., O a- Q.. •.. — U) cu O cn ... cz O O U vi p CZ ZCZ V O O p G° Q.. m��� U° � ° � > Via~ u. ors 3 3 � ��r. ° u a O U u . (z 4� cn .Q u. . � M �O U (n m � ocd�, o�, CA (z U u v C O p, LO N u s� ° O U o 61 a 3 ° O O bt =~ • cz bD U Uy N cz O U (� s~ U N ;-4 O p :5 U v' + Q" Q¢ 'W�U✓ ;-4 -9 61 ,O co . cz $"+ O� � O0 'wO � + UP-4 o u ° x4, 7� ;., o N U � u� O w v bA O ;-4 �U U 0 v U } >1. O v cz •� v 3 v a, erg o o° u x Q. U� ° O 5 U a� + +; +cz U +, O O, + ., r' -J �; � 3 �� cm u bA TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Memo To: Chairman and ARPB Members From: Gregory L. Dunham, Town Manager Re: 588 Banyan/ Davis Application Date: February 1, 2022 Today, Town Staff received revised elevations and site plans for the application at 588 Banyan Road. Upon review of the documents, it appears the Applicant has addressed the issue of massing by reducing the roof heights of the second story portion of the home, the height of the chimneys, and size/height of the gables. The Applicant did not change the FAR or square footages on either story. The FAR of t 8,699 remains unchanged as previously submitted. The special exception request is also unchanged. In addition, please find letters provided to the Town by the Applicant in support of his application. February 1, 2022 To The Gulf Stream Architectural Review & Planning Board: Introduction .... From the Heart We love Gulf Stream. Walking at night to the breeze. Halloween block party. School bustling in the morning. Friendly neighbors you waive to from the car or on the street. Low drama. Fishing in the cove. Safety without a gated community feel. Australian pines. A quality, classic look without feeling antiseptic. Friendly and knowledgeable staff. Neighborhood, village vibe while evolving & an economically appreciating community. Reaching out personally to bridge gaps. Neighborhood cocktails. Cordial to one another. We moved into a neglected & visually displeasing property, albeit on a great piece of dirt — green chain link fence across the rear perimeter (still there!), peach painted exterior, jungle -like overgrowth, above ground hot tub in the back, rebar stained and degrading seawall, a 6x6 cinder block wall on top of the western seawall, a rusted out boat lift and dock falling in the water, a (as we later learned) rat & mold infested house, a seagrape tree on large metal supports in the front driveway (still there!), etc. We then spent many months planning & drawing, hiring an award -winning architectural firm & builder, collaborating closely with town staff, and researching the code to give life to and improve the property. A new, compliant property the direct cove neighbors support (see attachment) — as well as paying a hefty $347,500 to the town who explicitly conveyed the right to build a house of a certain size with incrementally greater FAR - to create a nice home on a unique property that we believe is value -enhancing. Why is this so difficult? The binders of papers, saber rattling, the charged & opinionated demands from one neighbor to another? Undermining the hard-working town staff and ARPB, already operating under a strict & defined code, to impart dogmatic subjective personal views over months of dutiful planning according to code? Home -owners forced to negotiate beyond the regulations to appease the personal viewing preference of a single/small minority? 'Left -field, out -of -nowhere surprises', causing others time, money and worries? Flippantly commanding one's neighbor to just "eliminate 500 square feet" as we heard last week? Rancor and difficulty for new home-building residents — playing by the rules - reflects favorably internally and externally? Despite the narrative directed at me at last week's meeting from a fellow neighbor, we'd humbly submit that "these things shouldn't happen." Gulf Stream is better than this. The Message ... From the Head We would like to thank the ARPB and town staff for taking time out of their busy lives to deal with a neighborhood value -enhancing home that is built according to the rules, the direct neighbors support and many voices have described as "beautiful". Yet we appreciate that one can't please everyone, there'll always be varying opinions. These are the facts: - The house is conforming and meets the objective codes / rules / regulations. - We have received broad based, overwhelming & evidenced support from the most direct cove neighbors across all key elevations (north, east & south) per the attached letters. To be clear, other cove neighbors were provided a pre -holidays letter with elevations, encouraging anyone to call us with questions/concerns/objections.... which we have not received (to the contrary). Many other core, non -cove, neighbors are also supportive. - As reviewed in detail at the last ARPB hearing, the house meets the criteria for special exception, which is explicitly available in the code to waterfront new construction. Even with the special exception, the new house would be 5 feet further back from the southern boundary on the canal than the current structure. It would be twice the setback from our friend's house to the south (which is 16 feet from the canal). - The house compares consistently or favorably with other similar point lot homes in terms of square footage and house to lot ratio, as reviewed in detail at the last ARPB hearing. - Objections to the house are entirely subjective and based on personal opinion...... from individuals that don't even live on the cove at that; any judge would see through the saber rattling of personal opinion to the objective code in favor of us. - We seek a house with a bedroom for each child (5) & master. No more and no less. Does the town really want us to eliminate a child's bedroom simply for another person's occasional viewing pleasure? This is our year-round primary residence. - Not only are we legally entitled to build a house of this size but we also paid the town $347,500 for the ability to build a house of this size. At the November 2020 Town of Gulf Stream's regular commission meeting, the Commissioners discussed potentially selling the 'abandoned parcel' to us at a discount by "carving away your development rights a little bit more ..... which would be the square footage you could build it....it will help us justify a lower price although it's not going to be $200k." Remarks ensued about that being "messy" and that it would be "cleaner" to convey full additional rights associated with the parcel in exchange for a full price (not reflecting any discount for foregoing FAR benefits otherwise associated with the purchase). We have now spent many months and significant dollars planning a house according to the rules and this construct..... to have the goalposts moved? It is'a very large and unusual lot. We'd encourage the town not to let scare tactics of "mansions popping up everywhere" confuse the fact that this is the largest core point lot in the neighborhood and is worthy of a proportionate home. We are blessed to have an awesome lot that is worthy of a meaningful home, including an appropriate second story .... we will not be falsely shamed or bullied into anything less.... particularly when we comply by the objective code standards and have support from the COVE neighbors. The voices that have the most skin in the game - in their hard-earned money and direct views - are supportive & deserve to have their preferences heard & honored. Finally, at the conclusion of last week's ARPB meeting, I respectfully approached Mr. Boardman to help me better understand his key issue with the home. I wanted to listen. wanted to understand. He replied, "The second story. Looking at the eastern elevation, your second story is much larger than the house to the south across the canal [Arscott at 582 Palm Way; note the Arscotts support our home]." I was astonished. I then explained to him that our lot is nearly 40% longer (north to south) than the Arscotts with approximately 180 feet versus 130 feet facing eastern to the cove. It can reasonably support a larger home while maintaining proportionality. He had nothing more to say. With all due respect, the primary objector's primary objection was premised on an `applies vs. oranges' comparison. Notwithstanding, we have made several additional changes in good faith to address concerns and look forward to approval from the ARPB and, ultimately, the town commission. Respectfully, .s J.R. Davis Nadia Davis li d Banyan Rd v' W � o i 7 Polo Cove takevrc21YApr t F� q Patm W 16. r. r January 29, 2022 Town of Gulf Stream Mr. Greg Dunham Town Manager 100 Sea Road Gulf Stream, FL 33483 RE: Proposed New Home at 588 Banyan Rd Dear Mr. Dunham: My wife Kathy and I live at 570 Banyan next door to JR & Nadia Davis. Kathy and I agree that the rendering of their new home at 588 Banyan Rd. is beautiful, tastefully done, and in harmony with the look and spirit of the neighborhood. We are in full support of its approval and look forward to its completion. Feel free to call 610-999-0483 If you would like to discuss the matter further. Thank you. Sincerely, Mike Woodward 2 David and Cameron Given 3300 Polo Drive Gulf Stream, FL 33483 January 29, 2022 Town of Gulf Stream Town Manager Mr. Greg Dunham 100 Sea Road Gulf Stream, FL 33483 Dear Mr. Dunham: We are writing on behalf of JR and Nadia Davis and their plans to build a new home directly across from us on Polo Cove. We have seen the renderings and think they are very tasteful and in keeping with the Gulf Stream neighborhood. We hope they will be able to move forward and build this home on Banyan Road. We know we would enjoy looking at it on a daily basis. Respectfully yours, David and Cameron Given Jan. 271", 2022 Town of Gulf Stream Mr. Greg Dunham Town Manager 100 Sea Road Gulf Stream, FL 33483 Dear Mr. Dunham, I have personally reviewed JR Davis's design for his new Banyan Road home. 1 must say that I feel that it is very well done and appropriate for the neighborhood. Being a contiguous neighbor, I have no problem with his proposed plans. I hope that you will reconsider his proposal. Since Iy v 1 hn Arscott 582 Palm Way 804-382-9300 THEP ETESTORE.COM CONNECTICUT • DELAWARE • FLORIDA • GEORGIA • MARYLAND • MASSACHUSETTS RHODE ISLAND • SOUTH CAROLINA • TENNESSEE • VIRGINIA J" 4p Expression of Support Sheree & Ramon Nicholl 544 Banyan Road Nadia Davis swears under oath that on December 18, 2021, she received a call from Sheree Nicholl at 544 Banyan Road, upon receipt of the letter / renderings placed in cove neighbors' mailboxes. Sheree said that "the house is very lovely, I am excited for you and appreciate your thoughtfulness in providing the letter." She indicated that her husband had recently suffered a stroke and that they were 'in -and -out'. Nadia and J.R. Davis are providing this letter in lieu of asking for a written support letter from Mrs. Nicholl given what she is currently personally dealing with for her husband and not wanting to burden them. From: Michelle Clark <michellefclarklCgmaiUom> Date: January 21, 2022 at 1:23:18 PM EST To: nadiabdavis@gmail.com Subject: Hello Nadia, Happy 20221 I have been meaning to write to you as my granddaughter, Mary, has been here with us at 3250 and she would love to come and play with your girls. Are you still living in your home? r looks beautiful. Please let me know if your daughters are free to play with Mary. She will be leaving on the 25th and would love to play. Enjoy the day! best, Michelle Clark 203 984-9883 *** Sensitive sentences have been redacted above byJ.R. Davis January 31, 2022 Town of Guif Stream Mr. Greg Dunham Town Manager 100 Sea Road Gulf Stream, FL 33483 Dear Mr. Dunham: We are writing in support of JR an Nadia Davis and their plans to build a new home at 588 Banyan Road. Bridgit and I have reviewed the plans and we think that they are going above and bey-ond when it comes to maintaining the look and feel of the neighborhood. As a Polo Cove neighbor, we believe their construction will be accretive to not only their property but others in the area as well. I am hopeful that you will reconsider their proposed plans. Sincerely, ' Ryan and Bridgit Howard 578 Palm Way 607.592.7076 Scanned with CamScanner PETER W KLEIN 3157 POLO DRIVE GULF STREAM. FLORIDA 33483 January 31, 2022 Town of Gulf Stream Mr. Greg Dunham Town Manager 100 Sea Road Gulf Stream, FL 33483 Dear Greg: I hope you enjoyed the holidays. Best wishes for the New Year. I write in support of JR and Nadia Davis's project at 588 Banyan Road. Unlike some of the critics of their design, I spend a fair amount of time viewing the lot and existing home on my near -daily walks on Banyan and throughout the Core. I don't think there is too much mass, and I like the design. I think their home will be particularly attractive given its siting on a large point lot. When it comes to mass, I know whereof I speak — I'm the guy who lives opposite 3140 Polo, which has to be an aesthetic low-water mark when it comes to structures that have been allowed to be built in the Core. Sincerely,, Peter W. Klein Cc: JR and Nadia Davis TEL 561.400-6236 EMAIL PWKLEINCGMAIL.COM Christopher H. Ruth 3212 Gulfstream Road Gulf Stream, FL 33483 January 31, 2022 Town of Gulf Stream Mr. Greg Dunham Town Manager 100 Sea Road Gulf Stream, FL 33483 Dear Mr. Dunham: As you know, we are in the process with respect to an addition to our home. Thank you for your assistance with your efforts allowing our project to move forward. I am writing in support of JR and Nadia Davis' plans to build a new home at 588 Banyan Road. I have known JR for many years, even pre -dating our move to Gulf Stream about eight years ago. His large family and our children have shared classes together at the Gulf Stream School and we have had many social and business gatherings. One of the things that always appealed to us about the Gulf Stream. Core is the balance it achieves between maintaining consistency of style and at the same time allowing enough variation to keep things interesting and not too homogeneous. This, in my mind, is one of the core elements of the town's appeal and must be guarded carefully. At the same time, as society evolves, we all seem to have a need for more space, especially during Covid! I am confident JR's plans would involve a timeless, classic appeal consistent with the goals of the Architectural Review Board. I am neither an architect or engineer, but I do know that JR shares my views on the town and seeks to build something that will be additive to the core. I hope the Board and the Commissioners will look favorably upon his plans. Please feel free to contact me with any questions. Sincerely, Christopher H. Ruth 917-767-3188 Thomas & Chiara Clark 3432 N. Ocean Blvd. Gulf Stream, FL 33483 January 31, 2022 Town of Gulf Stream Town Manager Mr. Greg Dunham 100 Sea Road Gulf Stream, FL 33483 Dear Mr. Dunham, Chiara and I are writing on behalf of The Davis Family —J.R. and Nadia — regarding the construction of their proposed new home. We have discussed the project with them for several months and have seen the renderings. We both believe that plans are tasteful and consistent with the aesthetics (i.e. "look and feel") of our neighborhood in Gulf Stream. We hope that you will allow them to proceed with the building of this new home — an upgrade. it should further enhance the attraction of our town. Be well, Thomas & Chiara Clark Alex and Kate Condon 12 Banyan Road Gulf Stream, FL 33483 January 29, 2022 Town of Gulf Stream Town Manager Mr. Greg Dunham 100 Sea Road Gulf Stream, FL 33483 Dear Mr. Dunham: We are writing on behalf of JR and Nadia Davis and their plans to build a new home down the street from us. While not directly impacting us, we have seen the renderings and think the Davis family has proposed them within the tasteful standards of the Town of Gulf Stream. The landscaping and architectural designs are beautiful, and we very much hope they receive approval on the plans. *eant�d ully yours, Kate Condon SITE CALCULATIONS - RS-C ZONING DISTRICT ALLOWABLE PROPOSED SECTION 70-70 FLOOR AREA CALCULATION FLOOR AREA IN'CLIDE FIRST FLOOR A/O 4.640 SF CALCLLATIONS 11 ALL FLOOR AREA LND52 A SOLID ROOF WHETHER OR NOT THE AREA IS SECOND FLOOR AIC ENCLOSED WITH WITH WALLS 2) AREAS LNDEt AWNINGS WITH LEG SUPPORTS OR THOSE THAT EXTEND MORE. • MAN HOUSE 2107 SF SECOND FLOOR A/C THAN THREE FEET COLOR FROM A STRUCTURE SHALL COUNT AS OTJ+AIF. 3) FLOOR AREA LI DER CEILINGS WHICH ARE HIGHER THAN 15SALL COUNT • GUEST LI 518 SF TOTAL A/O 7,265 SF. AS DOLEOE 41 AREAS LMER SCREEN ENCLOSURES SHALL CD,NT AS ONE-HALF 51 AREAS UNDER EAVES OR ROOF EXTENSIONS OF 2 I/2 FEET OR LESS SHALL NOT GPRAC� 694 SF BE INCLUDED. 6) AREAS IN BASEHEMS SHALL BE INCLLDED AS 75 PERCENT WHEN IT IS LOCATED COVERED ENTRY 152 SF. COVERED LOGGIA 588 SF. COMPLETELY UNDER THE FIRST FLOOR FOOTPRINT AND HAS NO OUTSIDE ENTRANC AREAS N BASEMENTS WIN AN OUTSIDE ENTRANCE SAALL BE INCLUDED TOTAL 8.699 SF. AS 100 PERCENT. 7) AREAS IN ATTICS THAT CANNOT BE USED FOR LIVING AREA S44LL NOT BE INCLUDED IF THE CEILING HEIG-7 DOES NOT EXCEED 6 1/2 FEET AND THERE ARE NO WINDOWS. SECTION 70A ROW AREA RATIOS SITE AREA FOR FAR CALCUATION - 30.600 SF DOJO ACRES) FAR ALLOWED FIRST 200005F. 33 .33 X 20.000 SF 6bOO SF. PORTIONS OVER 20000 SF. 20 .20 X I0b00 $F. 2,120 SF. 8.720 SF. TOTAL ALLOWED 8,699 SF, SECTION 7073 TWO STUNT STRUCTIRES SECOND FLOOR AREA 05 X FIRST FLOW AREA- 0.5 X 6.063 - 3,031 3,031 SF, ALLOWED 2625 SF 433% OF FIRST ROW SECTION 70-81 MAX LOT COV52AGE LOT COVE12AGE 7b50 Sr. - 251 OF LOT 6.074 Sr. 19.83 OF LOT IMPERVIOUS AREA IMPERVIOUS AREA 5A58 SF. SECTION 7014E PERVIOUS AREA PERVIOUS A25A MIN" LANDSCAPED OPEN SPACE OF 40% OF THE LOT - 12240 SF 25,142 S.F. - 8223 SECTION 7074 SETBACKS FRONT PRINCIPAL - 30'-0'. MINCRACC - 29-O' 35-0' SIDES TOTAL OF BOTH SIDES SHALL 308 OF 160'-0' - 48'-0', 50, BE 30% OF THE LOT WIDTH. HOWEVER. NO SINGLE SIDE SHALL Be LESS THAN 15'-0' 24w' AND 24'-0' EAST, 34-0WST ON MECH EQUIPMENT - )MINOR ACCESSORY SETBACK)-15'-O' 17-6 TO EAST A.C. WITS SECTION 7075 SPECIAL EXCEPTION 31'-6 TO WEST A.C. LINTS SETBACKS LIMB -THE AVERAGE SETBA OF THE TWO ADJACENT 4AT52FONT LOTS ON EITHER SIDE OF THE SIB.ECT PROPERTY 31'-4' TO POOL EQUIPMENT 24'-8' TO GENERATOR SECTION 70-76 AND 70-100 MAX. BUILDING HEIGHT 35'-0' (INCLUDING ROOF FEATLRESI, OR 2 1/2 STORIES 25-10' TO TOP OF ROOF SO'-6 TO CMMTEY CAP SECTION 70-7/ MAX. FIRST FLOOR BEN. I) .7.0 FEET NAVD 750' NAVD GREATEST OF THESE 211.5 FEET ABOVE CROWN OF ADJACENT ROADS 3) 0.5 FEET ABOVE THE AVERAGE EXISTING GHRADE OF THE BUILDABLE AREA OF THE LOT SECTION 7078 SEAWALL HEIGHT MAX ALLOWED II .6.0 FEET NGVD OR ITS EQUAL N NAVD 60' NGVD I4.5' NAVDI SECTION 70-79 PARKING MIN 2 CAR GARAGE 3 CARS IN GARAGES MIN 2 U NBICLOSED OFF STREET SPACES 2 OFF STREET SPACES SECTION 70-80 LANDSCAPED OPEN SPACE MIN REQUIRED 4011 OF LOT AREA 04 X 3Ob0O SF. - IZ240 SF. MN 24.934 SF 118510 SECTION 70-100 ICI ROOF AND SAVE HEIGHTS SAVE HEIGHTS 84Z FOR ONE STORY PORTION OVERALL BUILDING HEIGHT DISCORAGCED BUT ALLOWED TO 14'-0' 22-6 OR LESS FOR TWO STORY PORTIONS 30'-0' DISCOURAGED BUT ALLOWED 27-24' TOP OF ROOF 28'-10' HEIGHTS MEASRED FROM TOP OF FIRST FINISHED FLOW TO THE HIGHEST RRST FLOOR PAVE HEIGHTS; EXTERIOR POINT OF THE ROOF. 7-O' AND 7-6 1/7 SAVE HEIGHT IS MEASIRED FROM THE TOP OF THE FIRST FINISHED FLOOR TO THE SECOND FLOOR EAVE HEIGHTS TOP OF THE ROOF REAM AT THE END OF THE BEAM (TOP OF FLASHNG). 16-61/2' AND 20'-0' HEIGHT OF AN ENTRY FEATLRE 15 MEASREI FROM THE FINISH FLOOR ELEVATION TO THE UPPER PORTION OF ANY BALCONY RAILINGS, DJTCH GABLE OR OTHER 16ti' TO TOP OF BALCONY PER SUCH ARCHITECTURAL E DAms. SECTION 66-263 ACCESORY BLDG. RECANTS. SAME AS PRINCIPAL STRUCTURE EXCEPT PAVNG. DECKING, NO GREATER THAN 4' ABOVE SRRONDING FINISED GRE.ADE ELEVATION, IP TO 3 FEET FROM PROPERTY LINE, PROVIDED THEY ARE SCREENED BY A WALL, FENCE OR HEDGE AT LEAST FOLR FEET HIGH STREETSCAPE 568 BANYAN RD 570 BARRAN RD 550 BANYAN RD PROPOSED RESIDENCE S840 34' 17" E 160.00' NORTH i SEE ATTAOIED SURVEY RI DESCRIPTION b cz . N � w. fs. i.i e cd 00 � 00 —------ ------ i f -- {� A&Ew I ¢ off: T' I Z _ PROPOSED RESIDENCE �,� o fir' , m �..J„I A.— A '1 ✓ i s I 87. I� ReNsions O I o g �' ...._V'. 0 WATER Ln TLn SUN SHELF SPA OOOOOC� I I I L cam' — — — / � C1.1 LV 1 -------------- - ----------------- ---- ------ I I C3 uj - � 5 It � SITE RNJIARCHITECTIRE nEVIEw L� � W o lkre 2/01/2022 Drawnl CMa --I-- WWWRB 2 g 1p Wd DO A llArow Ikl re Iltm�rt DdIC 1Cnnurucnon - —__—__—__—__—__—__—__—__—__ :. N840 34 17' W 170.00 WATER MDOD2B40 0 W22 GRAPHIC SCALE (FT.) SUE PLAN 1 0 1 2 3 4 5 10 IS 20 I/8'-I'-0' AREA CALCULATION Isr R.ow ac aAno sa Fi. an Roos ac AT nax� uai� voT sn cT. an aAaa ac ATasrsure sle sn Fr. Torsi ac 1265 so. FT. 6APA6E 69A 50R fUVH.ID BrtRY 151.1 L0661P 5M W FT TOTAL NqJ aC IA)d 50 Ff. TOTAL Bb4150 Ff SITE P-MAPD4TECTLIVE REVIEW nlGcid -.. L-- I Approval I Rm�rt I Cniurtucoon - AA0002340 O 2021 FIRST FLOOR PLAN 114•-,-0' Project Number 21144 kAkv . . . . . . . . ... NMI A4.0 Project Number 21144 F. lev la, A4. I Project Number: 21144 i x. r d� Mi " . �: T` •F' 1, 1. %;•'1 �� .;,: - moll= IN i iRs� Islip ii n smoltor spill r R . Rom. 000 Ir • 1 `'�k � i I lip �� _ . °�r + �� SOUTH ELEVATION - PREVIOUSLY PROPOSED Rc io Ilk Oft— r' A Al 2340 0 WZ Project Number 21144 ks 1TV a A4.3 NORTH ELEVATION - PREVIOUSLY PROPOSED va• - ra NORTH ELEVATION - CURRENTLY PROPOSED va• r-0 'lllllllllllllllulllllll'IIIIIIIIIIIIIIIIIIIIIII'�IIiIIIIIIIIIIIIIIIIIIIIPJIIIIIIIIIIIIIIIIIII�IIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�lllllllll� I �i,iiiiiliiiliiiiiliiiiiiii;iiiuiii�iiiii,,iiiiiuiiiiiiiuiiiiiiiiiiiiii' SITE PLQWPRCHITECTLRE REVIEW w,e z/ovzoz: Wre I AWmml UuelRrmrt WrelCn�nucuon - v J Ll. N ca LL N a.) rl ili LL i i ul uj o L2 ® O F- � WALLA D PIER vr•ro EXISTING ENTRY GATE ELEVATION va- ra AA0002340 o mu EAST ELEVATION - PREVIOUSLY PROPOSED ua• - r-0• EAST ELEVATION - CURRENTLY PROPOSED va• . ry ® _J LL LLB c" r\ 2 CC G Cu Cn L!! C.n cD SITE PLMAPCHITECRRE REVIEW LL W L.L. o i3: D- zioi,zozz O . 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TOWN OF GULF STREAM BALANCE SHEET & CASH & BUDGET REPORT Unaudited As of January 31, 2022 TABLE OF CONTENTS SECTION PAGE(S) Last Fiscal Period Summary and Highlights........................................................................... 1 CashBalance Sheet..................................................................................................................... 2-4 Budget Report, General Fund............................................................................................................... 5-9 BudgetReport, Water Fund................................................................................................ 10-11 Budget Report, Undergrounding Fund.................................................................................... 12-13 Budget Report, Penny Sales Tax Fund................................................................................... 14 January 31, 2022, Financial Highlights The Town has begun to receive Recycling Revenues from the county again. The Town dismantled and sold the metal from the old meters and received $2,923.79 The Town has received $13,255.95 in Discretionary Infrastructure Taxes in Fiscal Year 2022 at the end of January -I- Assets Cash - Oper Account Cash - P/R Account Cash - Operating MMA Cash - Flagler Bank CD Cash-ARPA Grant Seacoast National Bank CD BankUnited CD Cash-ARPA Federal Grant Cash - Petty Cash Accounts Receivable - Garbage Miscellaneous Receivable Gen Fund Due From Other Fund Inventories Prepaid Other Penny Sales Tax MMA Underground Proj Pymt Fund - Checking Cash - Suntrust MMA Assessment Receivable Delinq. Assessment Recievable Cash-Flagler Bank Water Utility Savings Accounts Receivable - Water Accounts Receivable - unbilled Accounts Receivable - Reserves Admin/Late Fee Revenue Accounts Receivable-Backflow Preventer Test Less: Allowance - Water Improvements Other Than Bldg. Accum. Deprec.-Imp Other T Bld Equipment and Furniture Accumulated Depr - Equip/ Furn Construction in Process Town of Gulf Stream Balance Sheet January 31, 2022 General Fund 001 Water Fund 401 Underground Fund 155 Penny Sales Tax Fund 101 HRA Custodial Fund 601 $73,860.62 $0.00 $0.00 $0.00 $0.00 $58,105.03 $0.00 $0.00 $0.00 $0.00 $9,505,129.47 $0.00 $0.00 $0.00 $0.00 $279,410.80 $0.00 $0.00 $0.00 $0.00 $373.32 $0.00 $0.00 $0.00 $0.00 $290,212.37 $0.00 $0.00 $0.00 $0.00 $3,283.11 $0.00 $0.00 $0.00 $0.00 $246,671.00 $0.00 $0.00 $0.00 $0.00 $200.00 $0.00 $0.00 $0.00 $0.00 $10,259.62 $0.00 $0.00 $0.00 $0.00 ($408.35) $0.00 $0.00 $0.00 $0.00 $128,285.42 $0.00 $0.00 $0.00 $0.00 $9,891.04 $0.00 $0.00 $0.00 $0.00 $5,788.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $201,975.10 $0.00 $0.00 $0.00 $232,879.32 $0.00 $0.00 $0.00 $0.00 $5,144.11 $0.00 $0.00 $0.00 $0.00 $21,427.62 $0.00 $0.00 $0.00 $0.00 $0.04 $0.00 $0.00 $0.00 $1,853,187.24 $0.00 $0.00 $0.00 $0.00 ($59,001.29) $0.00 $0.00 $0.00 $0.00 $8,136.00 $0.00 $0.00 $0.00 $0.00 $4,537.13 $0.00 $0.00 $0.00 $0.00 ($3,071.76) $0.00 $0.00 $0.00 $0.00 $2,785.00 $0.00 $0.00 $0.00 $0.00 $25,000.00 $0.00 $0.00 $0.00 $0.00 $2,658,921.72 $0.00 $0.00 $0.00 $0.00 ($1,160,436.92) $0.00 $0.00 $0.00 $0.00 $200,721.86 $0.00 $0.00 $0.00 $0.00 ($95,208.44) $0.00 $0.00 $0.00 $0.00 $600,512.20 $0.00 $0.00 $0.00 -2- General Fund 001 Water Fund 401 Underground Fund 155 Penny Sales Tax Fund 101 HRA Custodial Fund 601 HRA Custodial Fund Account Total Assets Liabilities and Fund Balance Liabilities Accounts Payable Accrued Wages Payable Accrued Compensated Absences Accrued Retirement Payable FICA Taxes Payable ICMA 401 8% Retirement Deduct Other Insurance Deductions Deposit:Damage Bond/Plans Deferred Revenue Accounts Payable Other Funds Due to General Fund Water Accrued Wages Payable Accrued Compensated Absences Water Accrued Retirement Payable Water FICA Taxes Payable Deferred Revenue HRA Liability Total Liabilities Fund Balance Reserve for Dredging Fund Balance Fund Balance Fund Balance Retained Earnings - Unreserved Retained Earnings - Reserved R/E Reserved For D/S and R & R Total Fund Balance $0.00 $0.00 $0.00 $10,611,061.53 $3,986,082.74 $259,451.09 $0.00 $218,314.77 $201,975.10 $218,314.77 $4,297.14 $0.00 $0.00 $0.00 $0.00 $23,034.54 $0.00 $0.00 $0.00 $0.00 $0.48 $0.00 $0.00 $0.00 $0.00 $4,741.01 $0.00 $0.00 $0.00 $0.00 $1,733.69 $0.00 $0.00 $0.00 $0.00 $404,148.31 $0.00 $0.00 $0.00 $0.00 ($348.21) $0.00 $0.00 $0.00 $0.00 $95,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $21,427.62 $0.00 $0.00 $0.00 $21,803.39 $0.00 $0.00 $0.00 $0.00 $128,285.42 $0.00 $0.00 $0.00 $0.00 $814.21 $0.00 $0.00 $0.00 $0.00 $1,095.45 $0.00 $0.00 $0.00 $0.00 ($8,899.94) $0.00 $0.00 $0.00 $0.00 $62.28 $0.00 $0.00 $0.00 $0.00 $4,260.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $218,314.77 $532,606.96 $147,420.81 $21,427.62 $0.00 $218,314.77 $17,820.00 $0.00 $0.00 $0.00 $0.00 $10,060,634.57 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $201,975.10 $0.00 $0.00 $0.00 $238,023.47 $0.00 $0.00 $0.00 $3,425,028.79 $0.00 $0.00 $0.00 $0.00 ($124,282.84) $0.00 $0.00 $0.00 $0.00 $537,915.98 $0.00 $0.00 $0.00 $10,078,454.57 $3,838,661.93 $238,023.47 $201,975.10 $0.00 -3- General Fund 001 Water Fund 401 Underground Fund 155 Penny Sales Tax Fund 101 HRA Custodial Fund 601 Total Liabilities and Fund Balance $10,611,061.53 $3,986,082.74 $259,451.09 $201,975.10 $218,314.77 -4- Town of Gulf Stream Income Statement General Fund as of January 31, 2022 Current Month YTD Actual Budget Variance Actual Budget Variance 2021 Budget Revenues Property Taxes Ad Valorem Taxes - Current $157,081.94 $385,579.00 ($228,497.06) $3,972,484.48 $4,626,948.00 ($654,463.52) $4,626,948.00 Early Payment Discount -Ad Valo ($4,838.95) ($13,916.00) $9,077.05 ($157,688.78) ($167,000.00) $9,311.22 Interest on Tax Collection $0.00 $208.00 ($208.00) $0.00 $2,500.00 ($2,500.00) $2,500.00 Total Property Taxes $152,242.99 $371,871.00 ($219,628.01) $3,814,795.70 $4,462,448.00 ($647,652.30) $4,462,448.00 Fines Judgements and Fines $63.40 $417.00 ($353.60) $162.97 $5,000.00 ($4,837.03) $5,000.00 Violations of Local Ordinances $625.00 $208.00 $417.00 $1,075.00 $2,500.00 ($1,425.00) $2,500.00 $688.40 $625.00 $63.40 $1,237.97 $7,500.00 ($6,262.03) $7,500.00 Permits Zoning/Code Review Fees $12,930.00 $7,083.00 $5,847.00 $32,090.00 $85,000.00 ($52,910.00) $85,000.00 Inspection Fee $46,177.00 $25,000.00 $21,177.00 $97,372.00 $300,000.00 ($202,628.00) $300,000.00 $59,107.00 $32,083.00 $27,024.00 $129,462.00 $385,000.00 ($255,538.00) $385,000.00 Registrations County Business Tax $126.83 $133.00 ($6.17) $874.30 $1,600.00 ($725.70) $1,600.00 $126.83 $133.00 ($6.17) $874.30 $1,600.00 ($725.70) $1,600.00 State & County Local Option Fuel Tax R&S $2,966.00 $2,833.00 $133.00 $6,017.55 $34,000.00 ($27,982.45) $34,000.00 FL Revenue Sharing $2,126.39 $1,833.00 $293.39 $4,252.79 $22,000.00 ($17,747.21) $22,000.00 FL Rev Sharing -Alcoholic Bev $0.00 $33.00 ($33.00) $0.00 $400.00 ($400.00) $400.00 Local Government 1/2c Sales Tx $8,783.50 $6,250.00 $2,533.50 $16,839.00 $75,000.00 ($58,161.00) $75,000.00 Fuel Tax Refund $461.53 $108.00 $353.53 $461.53 $1,300.00 ($838.47) $1,300.00 Recycle Revenue Sharing $2,769.45 $8.00 $2,761.45 $3,023.79 $100.00 $2,923.79 $100.00 $17,106.87 $11,065.00 $6,041.87 $30,594.66 $132,800.00 ($102,205.34) $132,800.00 Interest Interest On Investment $5,354.77 $5,833.00 ($478.23) $18,080.47 $70,000.00 ($51,919.53) $70,000.00 $5,354.77 $5,833.00 ($478.23) $18,080.47 $70,000.00 ($51,919.53) $70,000.00 Franchises Franchise Fees -FPL $10,976.90 $11,750.00 ($773.10) $36,148.66 $141,000.00 ($104,851.34) $141,000.00 Franchise Fees - Gas $0.00 $417.00 ($417.00) $0.00 $5,000.00 ($5,000.00) $5,000.00 -5- Local Communication Svc Tax Communications Services Tax Garbage Collection Fees Garbage Collection Fee Utility Service Tax Utility Service Tax - Electric Utility Service Tax - Gas Utility Service Tax - Propane Contributions and Donations Contributions - Community Grants Federal Grants - Other Total Grants Other Certification, Copies, Misc Or Clerk's Charges & Fees Other Contractual Agreements Other Miscellaneous Revenue Total Revenues Expenditures Admin & General Executive Salaries Regular Salaries - Admin Contingency - Miscellaneous Overtime- Admin FICA Taxes Retirement Contributions Life and Health Insurance Misc. Prof Svcs.- Building Inspections Misc Prof Svcs - TH Current Month YTD Actual Budget Variance Actual Budget Variance 2021 Budget $10,976.90 $12,167.00 ($1,190.10) $36,148.66 $146,000.00 ($109,851.34) $146,000.00 $2,230.60 $5,000.00 ($2,769.40) $7,033.80 $60,000.00 ($52,966.20) $60,000.00 $2,230.60 $5,000.00 ($2,769.40) $7,033.80 $60,000.00 ($52,966.20) $60,000.00 $26,883.70 $13,142.00 $13,741.70 $53,767.40 $157,700.00 ($103,932.60) $157,700.00 $26,883.70 $13,142.00 $13,741.70 $53,767.40 $157,700.00 ($103,932.60) $157,700.00 $16,233.07 $16,667.00 ($433.93) $51,788.26 $200,000.00 ($148,211.74) $200,000.00 $4,133.20 $1,083.00 $3,050.20 $6,068.96 $13,000.00 ($6,931.04) $13,000.00 $673.00 $1,083.00 ($410.00) $4,994.12 $13,000.00 ($8,005.88) $13,000.00 $21,039.27 $18,833.00 $2,206.27 $62,851.34 $226,000.00 ($163,148.66) $226,000.00 $0.00 $1,000.00 ($1,000.00) $0.00 $12,000.00 ($12,000.00) $12,000.00 $0.00 $1,000.00 ($1,000.00) $0.00 $12,000.00 ($12,000.00) $12,000.00 $0.00 $20,556.00 ($20,556.00) $0.00 $246,671.00 ($246,671.00) $246,671.00 $0.00 $20,556.00 ($20,556.00) $0.00 $246,671.00 ($246,671.00) $246,671.00 $455.00 $208.00 $247.00 $1,510.00 $2,500.00 ($990.00) $2,500.00 $4.50 $83.00 ($78.50) $2,467.53 $1,000.00 $1,467.53 $1,000.00 $0.00 $1,250.00 ($1,250.00) $0.00 $15,000.00 ($15,000.00) $15,000.00 $0.00 $42.00 ($42.00) $0.00 $500.00 ($500.00) $500.00 $459.50 $1,583.00 ($1,123.50) $3,977.53 $19,000.00 ($15,022.47) $19,000.00 $296,216.83 $493,891.00 ($197,674.17) $4,158,823.83 $5,926,719.00 ($1,767,895.17) $5,926,719.00 $10,800.00 $11,700.00 $900.00 $48,517.12 $140,400.00 $91,882.88 $140,400.00 $26,845.33 $36,674.00 $9,828.67 $120,407.77 $440,090.00 $319,682.23 $440,090.00 $0.00 $30,148.00 $30,148.00 $0.00 $361,780.00 $361,780.00 $361,780.00 $0.00 $416.00 $416.00 $307.47 $5,000.00 $4,692.53 $5,000.00 $2,879.86 $3,477.50 $597.64 $12,187.87 $41,730.00 $29,542.13 $41,730.00 $25,994.41 $8,428.00 ($17,566.41) $89,557.54 $101,140.00 $11,582.46 $101,140.00 $613.45 $9,526.00 $8,912.55 $38,419.54 $114,317.00 $75,897.46 $114,317.00 $46,177.00 $25,000.00 ($21,177.00) $97,372.00 $300,000.00 $202,628.00 $300,000.00 $1,886.05 $4,167.00 $2,280.95 $9,975.05 $50,000.00 $40,024.95 $50,000.00 -6- Current Month YTD Actual Budget Variance Actual Budget Variance 2021 Budget Accounting and Auditing Fees $49.90 $1,417.00 $1,367.10 $59.90 $17,000.00 $16,940.10 $17,000.00 Property Trash Removal/ Mowing $0.00 $417.00 $417.00 $1,909.78 $5,000.00 $3,090.22 $5,000.00 Travel and Per Diem - TH $0.00 $583.00 $583.00 $78.29 $7,000.00 $6,921.71 $7,000.00 Communication -TH $924.48 $1,333.00 $408.52 $4,342.44 $16,000.00 $11,657.56 $16,000.00 Postage $131.16 $333.00 $201.84 $146.16 $4,000.00 $3,853.84 $4,000.00 Electric -TH $903.41 $750.00 ($153.41) $2,919.99 $9,000.00 $6,080.01 $9,000.00 Water $3,472.05 $1,667.00 ($1,805.05) $7,287.43 $20,000.00 $12,712.57 $20,000.00 Rental and Lease Expense $405.63 $583.00 $177.37 $1,215.87 $7,000.00 $5,784.13 $7,000.00 Insurance - Liab/Prop/WC $0.00 $13,847.00 $13,847.00 $106,578.50 $166,168.00 $59,589.50 $166,168.00 Flood Insurance $0.00 $583.00 $583.00 $7,030.00 $7,000.00 ($30.00) $7,000.00 Building Maintenance - TH $1,592.24 $1,667.00 $74.76 $6,081.36 $20,000.00 $13,918.64 $20,000.00 Lawn Maintenance $475.00 $667.00 $192.00 $2,612.00 $8,000.00 $5,388.00 $8,000.00 Bird Sanctuary Maintenance $0.00 $333.00 $333.00 $2,750.00 $4,000.00 $1,250.00 $4,000.00 Office Eq/Supp/Computer - TH $208.25 $3,333.00 $3,124.75 $3,989.62 $40,000.00 $36,010.38 $40,000.00 Printing and Binding - TH $324.20 $417.00 $92.80 $612.50 $5,000.00 $4,387.50 $5,000.00 Provision for Bad Debt $0.00 $42.00 $42.00 $0.00 $500.00 $500.00 $500.00 Legal Advertisement & Other $0.00 $542.00 $542.00 $256.26 $6,500.00 $6,243.74 $6,500.00 Office Supplies $327.99 $333.00 $5.01 $693.57 $4,000.00 $3,306.43 $4,000.00 Books, Membership, Training -TH $98.98 $1,250.00 $1,151.02 $4,128.58 $15,000.00 $10,871.42 $15,000.00 Capital Outlay - TH $0.00 $11,041.00 $11,041.00 $9,864.00 $132,500.00 $122,636.00 $132,500.00 $124,109.39 $170,674.50 $46,565.11 $579,300.61 $2,048,125.00 $1,468,824.39 $2,048,125.00 Fire Fire Control Contract Services $47,960.11 $47,966.00 $5.89 $191,840.44 $575,533.00 $383,692.56 $575,533.00 Misc. Repair and Maintenance $0.00 $83.00 $83.00 $0.00 $1,000.00 $1,000.00 $1,000.00 $47,960.11 $48,049.00 $88.89 $191,840.44 $576,533.00 $384,692.56 $576,533.00 Police Executive Salaries $10,488.44 $11,363.00 $874.56 $47,108.29 $136,350.00 $89,241.71 $136,350.00 Regular Salaries - Police Offi $63,739.65 $79,626.00 $15,886.35 $294,284.58 $955,516.00 $661,231.42 $955,516.00 Overtime -Police $2,714.00 $1,250.00 ($1,464.00) $7,896.85 $15,000.00 $7,103.15 $15,000.00 Incentive Pay $924.60 $1,190.00 $265.40 $4,360.70 $14,280.00 $9,919.30 $14,280.00 FICA Taxes $5,956.84 $6,699.00 $742.16 $27,054.36 $80,387.00 $53,332.64 $80,387.00 Retirement Contributions $44,651.47 $16,899.00 ($27,752.47) $150,111.78 $202,793.00 $52,681.22 $202,793.00 Life and Health Insurance $0.00 $0.00 $0.00 $6,000.00 $0.00 ($6,000.00) $0.00 Life and Health Insurance $1,543.72 $20,640.50 $19,096.78 $99,308.34 $247,686.00 $148,377.66 $247,686.00 Misc Prof Svcs - PD $676.00 $2,375.00 $1,699.00 $1,411.50 $28,500.00 $27,088.50 $28,500.00 Dispatch Service Contract $0.00 $5,196.00 $5,196.00 $62,762.45 $62,351.00 ($411.45) $62,35L00 Travel and Per Diem - PD $0.00 $150.00 $150.00 $0.00 $1,800.00 $1,800.00 $1,800.00 -7- Current Month YTD Actual Budget Variance Actual Budget Variance 2021 Budget Communication - PD $574.69 $833.00 $258.31 $2,339.82 $10,000.00 $7,660.18 $10,000.00 Electric - PD $257.34 $292.00 $34.66 $811.01 $3,500.00 $2,688.99 $3,500.00 Water-PD $0.00 $33.00 $33.00 $49.57 $400.00 $350.43 $400.00 Rental and Lease Expense-PD $132.61 $167.00 $34.39 $397.83 $2,000.00 $1,602.17 $2,000.00 Building Maintenance - PD $3,231.39 $833.00 ($2,398.39) $4,020.61 $10,000.00 $5,979.39 $10,000.00 Vehicle Maintenance $409.57 $1,000.00 $590.43 $2,424.33 $12,000.00 $9,575.67 $12,000.00 Office Eq/Supp/Computer - PD $1,261.50 $1,083.00 ($178.50) $5,561.28 $13,000.00 $7,438.72 $13,000.00 Printing and Binding - PD $273.35 $125.00 ($148.35) $557.75 $1,500.00 $942.25 $1,500.00 Uniform Cleaning $285.17 $417.00 $131.83 $799.19 $5,000.00 $4,200.81 $5,000.00 Office Supplies $279.98 $167.00 ($112.98) $460.07 $2,000.00 $1,539.93 $2,000.00 Fuel $3,120.13 $2,917.00 ($203.13) $12,783.49 $35,000.00 $22,216.51 $35,000.00 Uniforms & Equipment $625.80 $1,000.00 $374.20 $3,164.15 $12,000.00 $8,835.85 $12,000.00 Books, Memberships, Training - PD $43.97 $417.00 $373.03 $43.97 $5,000.00 $4,956.03 $5,000.00 Capital Outlay -PD $10,331.60 $10,269.00 ($62.60) $10,331.60 $123,232.00 $112,900.40 $123,232.00 $151,521.82 $164,941.50 $13,419.68 $744,043.52 $1,979,295.00 $1,235,251.48 $1,979,295.00 Streets Regular Salaries - Streets $5,840.64 $6,994.00 $1,153.36 $26,237.95 $83,929.00 $57,691.05 $83,929.00 Overtime - Streets $0.00 $292.00 $292.00 $27.38 $3,500.00 $3,472.62 $3,500.00 FICA Taxes $347.06 $548.00 $200.94 $1,561.85 $6,574.00 $5,012.15 $6,574.00 Retirement Contributions $3,755.54 $1,323.75 ($2,431.79) $13,077.01 $15,885.00 $2,807.99 $15,885.00 Life and Health Insurance ($1,004.66) $1,588.00 $2,592.66 $10,805.27 $19,053.00 $8,247.73 $19,053.00 Misc Prof Svcs - Streets $0.00 $833.00 $833.00 $7,422.72 $10,000.00 $2,577.28 $10,000.00 Communication -Streets $91.57 $83.00 ($8.57) $198.88 $1,000.00 $801.12 $1,000.00 Electric - Streets $2,133.02 $1,667.00 ($466.02) $6,515.06 $20,000.00 $13,484.94 $20,000.00 Rental and Lease Expense $0.00 $417.00 $417.00 $0.00 $5,000.00 $5,000.00 $5,000.00 Vehicle Maintenance- Streets $86.72 $417.00 $330.28 $771.71 $5,000.00 $4,228.29 $5,000.00 Misc. Repair and Maintenance $0.00 $1,667.00 $1,667.00 $3,381.99 $20,000.00 $16,618.01 $20,000.00 Misc.Other -NPDES $1,639.00 $833.00 ($806.00) $4,497.50 $10,000.00 $5,502.50 $10,000.00 Operating Supplies $140.45 $583.00 $442.55 $1,058.21 $7,000.00 $5,941.79 $7,000.00 Uniforms & Equipment $129.64 $100.00 ($29.64) $188.63 $1,200.00 $1,011.37 $1,200.00 Road Materials and Supplies $0.00 $1,083.00 $1,083.00 $0.00 $13,000.00 $13,000.00 $13,000.00 CapitalOutlay- Streets $0.00 $16,180.00 $16,180.00 $93,396.00 $194,160.00 $100,764.00 $194,160.00 $13,158.98 $34,608.75 $21,449.77 $169,140.16 $415,301.00 $246,160.84 $415,301.00 Legal Regular Salaries - Legal $9,152.99 $10,082.00 $929.01 $41,118.18 $120,989.00 $79,870.82 $120,989.00 FICA Taxes - Legal $700.20 $771.00 $70.80 $3,145.53 $9,256.00 $6,110.47 $9,256.00 Retirement Contributions - Legal $6,159.95 $2,074.00 ($4,085.95) $21,315.62 $24,893.00 $3,577.38 $24,893.00 MEE Life and Health Insurance - Legal Contracted Legal Services Travel and Per Diem -Legal Communication - Legal Postage- Legal Printing and Binding - Legal Office Supplies - Legal Books, Membership, Training - Legal Total Sanitation Garbage Contract Services Misc. Trash Disposal Total Sanitation Total Expenditures Net Revenue (Deficit) NET SURPLUS/(DEFICIT) Current Month YTD Actual Budget Variance Actual Budget Variance 2021 Budget $147.08 $1,587.75 $1,440.67 $9,667.55 $19,053.00 $9,385.45 $19,053.00 $22,629.05 $45,833.00 $23,203.95 $61,411.20 $550,000.00 $488,588.80 $550,000.00 $0.00 $125.00 $125.00 $0.00 $1,500.00 $1,500.00 $1,500.00 $40.36 $58.00 $17.64 $161.53 $700.00 $538.47 $700.00 $0.00 $8.00 $8.00 $0.00 $100.00 $100.00 $100.00 $0.00 $8.00 $8.00 $0.00 $100.00 $100.00 $100.00 $95.00 $17.00 ($78.00) $95.00 $200.00 $105.00 $200.00 $242.73 $417.00 $174.27 $471.71 $5,000.00 $4,528.29 $5,000.00 $39,167.36 $60,980.75 $21,813.39 $137,386.32 $731,791.00 $594,404.68 $731,791.00 $13,781.45 $14,068.00 $286.55 $41,696.63 $168,814.00 $127,117.37 $168,814.00 $0.00 $583.00 $583.00 $0.00 $7,000.00 $7,000.00 $7,000.00 $13,781.45 $14,651.00 $869.55 $41,696.63 $175,814.00 $134,117.37 $175,814.00 $389,699.11 $493,905.50 $104,206.39 $1,863,407.68 $5,926,859.00 $4,063,451.32 $5,926,859.00 ($93,482.28) ($14.50) ($93,467.78) $2,295,416.15 ($140.00) $2,295,556.15 ($140.00) ($93,482.28) ($14.50) ($93,467.78) $2,295,416.15 ($140.00) $2,295,556.15 ($140.00) -9- Revenues Water Sales Water Sales Total Water Sales Reserve Fees Reserves Fees Total Reserve Fees Interest Interest On Investment Other Late Fees Impact Fees -Physical Environm Backflow Preventer Test - Revenue Backflow Preventer Test Sale Total Total Revenues Expenditures Water Purchased Water Purchased - Commodity Water - Capacity Water Purchased -Meter Charge Backflow Preventer Testing Total Water Purchased Other Expenses Regular Salaries - Water Overtime - Water FICA Taxes Town of Gulf Stream Income Statement Water Fund as of January 31, 2022 Current Month Actual Budget Variance YTD Actual Budget Variance 2021 Budget $147,339.45 $87,500.00 $59,839.45 $332,470.66 $1,050,000.00 ($717,529.34) $1,050,000.00 $147,339.45 $87,500.00 $59,839.45 $332,470.66 $1,050,000.00 ($717,529.34) $1,050,000.00 $22,740.00 $11,250.00 $11,490.00 $45,451.20 $135,000.00 ($89,548.80) $135,000.00 $22,740.00 $11,250.00 $11,490.00 $45,451.20 $135,000.00 ($89,548.80) $135,000.00 $1,022.77 $833.00 $189.77 $4,054.76 $10,000.00 ($5,945.24) $10,000.00 $1,022.77 $833.00 $189.77 $4,054.76 $10,000.00 ($5,945.24) $10,000.00 $84.95 $0.00 $84.95 $84.95 $0.00 $84.95 $0.00 $7,184.00 $417.00 $6,767.00 $7,184.00 $5,000.00 $2,184.00 $5,000.00 $7,268.95 $417.00 $6,851.95 $7,268.95 $5,000.00 $2,268.95 $5,000.00 $0.00 $788.00 ($788.00) $0.00 $9,452.00 ($9,452.00) $9,452.00 $0.00 $788.00 ($788.00) $0.00 $9,452.00 ($9,452.00) $9,452.00 $178,371.17 $100,788.00 $77,583.17 $389,245.57 $1,209,452.00 ($820,206.43) $1,209,452.00 $86,294.16 $56,250.00 ($30,044.16) $220,615.44 $675,000.00 $454,384.56 $675,000.00 $3,299.07 $1,842.00 ($1,457.07) $6,961.46 $22,100.00 $15,138.54 $22,100.00 $11.04 $8.00 ($3.04) $25.33 $100.00 $74.67 $100.00 $0.00 $785.00 $785.00 $0.00 $9,425.00 $9,425.00 $9,425.00 $89,604.27 $58,885.00 ($30,719.27) $227,602.23 $706,625.00 $479,022.77 $706,625.00 $4,232.96 $4,752.00 $519.04 $19,015.82 $57,029.00 $38,013.18 $57,029.00 $0.00 $417.00 $417.00 $19.84 $5,000.00 $4,980.16 $5,000.00 $323.82 $396.00 $72.18 $1,456.23 $4,746.00 $3,289.77 $4,746.00 Town of Gulf Stream Income Statement Water Fund as of January 31, 2022 Current Month YTD Actual Budget Variance Actual Budget Variance 2021 Budget Retirement Contributions $1,836.27 $959.00 ($877.27) $5,499.41 $11,512.00 $6,012.59 $11,512.00 Life and Health Insurance $33.42 $1,588.00 $1,554.58 $9,099.25 $19,053.00 $9,953.75 $19,053.00 GIS/Mapping $0.00 $417.00 $417.00 $0.00 $5,000.00 $5,000.00 $5,000.00 Water Sampling & Testing $105.00 $667.00 $562.00 $2,040.00 $8,000.00 $5,960.00 $8,000.00 Repair Services $0.00 $1,125.00 $1,125.00 $0.00 $13,505.00 $13,505.00 $13,505.00 Software Maintenance Contract $0.00 $833.00 $833.00 $1,438.82 $10,000.00 $8,561.18 $10,000.00 Communication $1.74 $125.00 $123.26 $94.96 $1,500.00 $1,405.04 $1,500.00 Postage $524.06 $125.00 ($399.06) $844.06 $1,500.00 $655.94 $1,500.00 Electric - Chlorinator $41.75 $42.00 $0.25 $68.35 $500.00 $431.65 $500.00 Rental and Lease Expense $0.00 $333.00 $333.00 $5,000.00 $4,000.00 ($1,000.00) $4,000.00 Insurance - Liab/Prop/WC $0.00 $4,625.00 $4,625.00 $0.00 $55,500.00 $55,500.00 $55,500.00 Vehicle Maintenance- Water $86.78 $250.00 $163.22 $737.23 $3,000.00 $2,262.77 $3,000.00 Printing and Binding $0.00 $42.00 $42.00 $0.00 $500.00 $500.00 $500.00 Provision for Bad Debt $0.00 $323.00 $323.00 $0.00 $3,880.00 $3,880.00 $3,880.00 Misc. Operating Supplies $333.89 $1,333.00 $999.11 $511.70 $16,000.00 $15,488.30 $16,000.00 General Office Supplies $95.00 $83.00 ($12.00) $666.81 $1,000.00 $333.19 $1,000.00 Uniforms & Equipment $119.63 $167.00 $47.37 $119.63 $2,000.00 $1,880.37 $2,000.00 Books, Membership, Training -Water $13.75 $167.00 $153.25 $13.75 $2,000.00 $1,986.25 $2,000.00 Depreciation Expense $0.00 $12,083.00 $12,083.00 $0.00 $145,000.00 $145,000.00 $145,000.00 Renewal & Replacement Expense $0.00 $417.00 $417.00 $0.00 $5,000.00 $5,000.00 $5,000.00 Capital Outlay- Water $973.60 $11,571.00 $10,597.40 $7,223.60 $138,852.00 $131,628.40 $138,852.00 Total Other Expenses $8,721.67 $42,840.00 $34,118.33 $53,849.46 $514,077.00 $460,227.54 $514,077.00 Total Expenditures $98,325.94 $101,725.00 $3,399.06 $281,451.69 $1,220,702.00 $939,250.31 $1,220,702.00 Net Revenue (Deficit) $80,045.23 ($937.00) $80,982.23 $107,793.88 ($11,250.00) $119,043.88 ($11,250.00) NET SURPLUS/(DEFICIT) $80,045.23 ($937.00) $80,982.23 $107,793.88 ($11,250.00) $119,043.88 ($11,250.00) -11- Town of Gulf Stream Income Statement Undergrounding Fund as of January 31, 2021 Current Month YTD Actual Actual Revenues Non -Ad Velorem Taxes Ad Valorem Taxes - Current $0.00 $0.00 Early Payment Discount -Ad Valo $0.00 $0.00 NAY Taxes - Fees $0.00 $0.00 Total Non- Ad Velorem Taxes $0.00 $0.00 Interest Interest On Investment $1.95 $3.33 $1.95 $3.33 Other Assessment Revenues $14,076.71 $229,104.16 Interest On Investment $1.95 $3.33 Interest Revenue on Assessment $0.00 $0.00 Admin Fee Revenue $0.00 $0.00 Refund Prior Yr Expenditure $0.00 $0.00 Miscellaneous Revenue $0.00 $0.00 $14,078.66 $229,107.49 Total Revenues $14,080.61 $229,110.82 Expenditures All Expenses GIS/Mapping $0.00 $0.00 Engineering Fees $0.00 $0.00 Prof Svcs - Design Survey Work $0.00 $0.00 Prof Svcs - Project Management $0.00 $0.00 Prof Svcs - Const Survey Work $0.00 $0.00 Prof Svcs - Project Admin $0.00 $0.00 Prof Svcs - Assessment Consult $0.00 $0.00 Accounting and Auditing Fees- UG $0.00 $0.00 Cont Svcs - FPL Fees $0.00 $0.00 Cont Svcs - Street Light Syste $0.00 $0.00 Cont Svcs - UG Construction $0.00 $0.00 -12- Town of Gulf Stream Income Statement Undergrounding Fund as of January 31, 2021 Current Month YTD Actual Actual Cont Svcs - Pre Const Landscap $0.00 $0.00 Cont Svcs - Post Const Landsca $0.00 $0.00 Cont Svcs - AT&T Fees $0.00 $0.00 Cont Svcs - Comcast Fees $0.00 $0.00 Legal Advertisement & Other $0.00 $0.00 Discount $422.32 $9,044.76 County Admin Fee $136.54 $2,200.59 Misc. Expenses $0.00 $0.00 Debt Service - Principal $0.00 $0.00 Debt Service - Interest $0.00 $0.00 Total Other Expenses $558.86 $11,245.35 Total Expenditures $558.86 $11,245.35 Net Revenue (Deficit) $13,521.75 $217,865.47 NET SURPLUS/(DEFICIT) $13,521.75 $217,865.47 -13- Revenues Discretionary Infrastructure Tax Interest On Investment PST Balance Transfer In Total Revenues Expenses PST Fund Contingency - Miscellaneous Infrastructure Capital Outlay Total Expenses BEGINNING FUND BALANCE NET SURPLUS/(DEFICIT) ENDING FUND BALANCE Town of Gulf Stream Income Statement Penny Sales Tax Fund as of January 31, 2021 YTD Actual Budget FY 2021 Budget Variance $13,255.95 $50,000.00 $50,000.00 ($36,744.05) $371.50 $250.00 $250.00 $121.50 $0.00 $49,750.00 $49,750.00 ($49,750.00) $13,627.45 $100,000.00 $100,000.00 ($86,372.55) $0.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 $100,000.00 $0.00 $100,000.00 $100,000.00 $100,000.00 $188,347.65 $0.00 $0.00 $188,347.65 $13,627.45 $0.00 $0.00 $13,627.45 $201,975.10 $0.00 $0.00 $201,975.10 -14- TOWN OF GULF STREAM WATER USAGE REPORT Unaudited As of January 31, 2022 TABLE OF CONTENTS SECTION PAGE(S) Comparative Water Use By Consumer By Year ........................................ 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O:O CD :0 0 0 0 O 0 N N NNN NI- NNN NNN NN'NN GULF STREAM WATER USAGE CHART ANALYSIS 320000 280000 ■ AUG-SEP ■ JUN-JUL C U ■ APR -MAY M L ■ FEB-MAR 240000 A T ■ DEC-JAN I V E ■ OCT-NOV 0 0 200000 0 S G A L L 160000 O N S B I L 120000 L E D 80000 40000 0 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 BILLING PERIODS FOR EACH FISCAL YEAR BETWEEN FY 13 TO FY 22 Gulf Stream Police Department nFLA. Monthly Activity Report Edward K. Allen Chief of Police From 1/1/2022 Through 1/31/2022 Activity Count ALARMS 8 ASSIST OTHER DEPARTMENT 19 DEATH INVESTIGATION 1 DIRECTED PATROL 139 DISPATCH ERROR 2 DOMESTIC DISPUTE 2 FOLLOW UP INVESTIGATION 2 FRAUD — IDENTY THEFT 1 POLICE SERVICE 17 SUSPICIOUS INCIDENT 5 SUSPICIOUS PERSON 1 THEFT (GRAND) MOTOR VEHICLE 1 TOWN ORDINANCE VIOLATION 16 TRAFFIC COMPLAINT 6 TRAFFIC CRASH 1 TRAFFIC CONTACTS 91 ® Gulf Stream Police Department Activity Report From 1/1/2021 Through 1/31/2021 Activity Count ALARMS 14 ASSIST OTHER DEPARTMENT 19 BURGLARY AUTO 1 DIRECTED PATROL 138 POLICE SERVICE 11 SUSPICIOUS INCIDENT 2 SUSPICIOUS PERSON 3 SUSPICIOUS VEHICLE 1 THEFT FROM MOTOR VEHICLE 1 TOWN ORDINANCE VIOLATION 32 TOWN ORDINANCE VIOLATION (DOG) 1 TRAFFIC COMPLAINT 1 TRAFFIC CRASH 1 TRAFFIC CONTACTS 106 TOWN OF GULF STREAM AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES THIS AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES ("Agreement") is entered into and effective this day of February, 2022 (the "Effective Date"), by and between the TOWN OF GULF STREAM, a Florida municipal corporation with offices located at 100 Sea Road, Gulf Stream, Florida 33483, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Town"; and Calvin, Giordano & Associates, Inc., a Florida Profit Corporation with offices located 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316, hereinafter the "Contractor" and collectively with the Town, the "Parties". WITNESSETH The Town and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide information technology services pursuant to all applicable statutory, licensing and Town code requirements. The Parties agree to enter into this Agreement pursuant to the terms and conditions of the Bal Harbour Village Professional Services Agreement ("Bal Harbour Agreement"), which is hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the prices provided in the Bal Harbour Agreement, not to exceed $15,000 annually. 3. TERM; TERMINATION; NOTICE: Pursuant to the terms of the Bal Harbour Agreement, this agreement is for one (1) year and may be renewed annually upon written consent of both parties prior to contract expiration. Either party may cancel or terminate this agreement for any reason with ninety (90) days written notice. Upon cancelation, the Contractor shall immediately deliver all documents, written information and other materials pertaining to the services provided hereunder to the Town and shall cooperate in the transition of its duties to appropriate parties at the direction of the Town. The Contractor shall further assure that its work Page 1 of 6 responsibilities are not compromised and shall maintain the highest standards of ethics during such transition period. Any notices of cancellation shall be presented by certified mail to: Town Contractor Town of Gulf Stream Calvin, Giordano & Associates, Inc. 100 Sea Road 1800 Eller Drive, Suite 600, Gulf Stream, Florida 33852 Fort Lauderdale, FL 33316 Attn: Gregory L. Dunham Attn: Chris Giordano Town Manager Director of Management Services 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Town and shall name the Town as an "additional insured" on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Town, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Town to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Town. Both the Town and the Contractor agree that this Agreement is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. Page 2 of 6 8. INSPECTOR GENERAL: Pursuant to Sections 2-4212-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Town shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Town, as well as contractors and lobbyists of the Town in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 9. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. The Contractor has: (1) registered with and uses the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verified that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Town shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Town shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Town as a result of the termination. 10. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Page 3 of 6 Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Town may terminate this Agreement at the Town's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. 11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 12. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 14. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Town. 15. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in Scope of Services. Upon request from the Town's custodian of public records, the Contractor must provide the Town with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Town, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement Page 4 of 6 or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Town. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Town, all public records in possession of the Contractor, or keep and maintain public records required by the Town. If the Contractor transfers all public records to the Town upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Town, upon request from the Town's custodian of public records, in a format that is compatible with the Town's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE TOWN CLERK, RECORDS CUSTODIAN FOR THE TOWN, AT (561) 276-5116, OR AT rtaylor(a�gulf-stream.org, OR AT 100 SEA ROAD, GULF STREAM, FLORIDA 33483. 16. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 17. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 18. WAIVER: No waiver by the Town of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Town's consent to or approval of any act requiring the Town's consent or approval of any act by the Contractor Page 5 of 6 shall not be deemed to render unnecessary the obtaining of the Town's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 19. ENTIRE AGREEMENT: This 6 (six) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: Calvin, Giordano & Associates, Inc. ATTEST: Rita L. Taylor Town Clerk I[0 (Corporate Seal) TOWN OF GULF STREAM By: Scott W. Morgan, Mayor (Seal) Page 6 of 6 Bal Harb RESOLUTION NO.2019-1258 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND CALVIN, GIORDANO & ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING INFORMATION TECHNOLOGY SERVICES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the use of information technology is intended to make it easier for citizens and businesses to interact with local government, ensure efficient and effective delivery of services, save taxpayer dollars, and streamline citizen participation; and WHEREAS, the Village currently contracts with Calvin, Giordano & Associates, Inc. ("CGA") for information technology services; and WHEREAS, CGA has provided satisfactory services and the Village desires to continue to contract with CGA to provide information technology services; and WHEREAS, the Council desires to enter into an agreement with CGAfor information technology services; and WHEREAS, this Council finds the approval of the agreem. r e6 tween the Village i and CGA, in an amount not to exceed $15,000ZBYTHE in substanti6fly the form attached hereto, is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLOgIDA, AS FO OWS: Section 1. RecithisAdoidted. That the above stated recitals are hereby adopted and confirmed. Section 2. re ntA roved. That the agreement between the Village and CGA for information technology services, in an amount not to exceed $15,000, in substantially the form attached hereto as Exhibit "A," is hereby approved and the Village Manager is hereby authorized to execute the agreement on behalf of the Village. our Village Resolution No. 2019-1258 1 q-'X % Section 3. Implementation. That the Village Manager is hereby authorized to take all actions necessary to implement the Agreements. Section 4. Effective Date. That this Resolution shall take effect immediately upon the adoption hereof. PASSED AND ADOPTED this 29th day of October, 2019. -77 O./lIM011Y M or abriel Groisman ATTEST: Dwight Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Bal Harbour Village Resolution No. 2019-1258 2 Professional Services Agreement This Professional Services Agreement (the "Agreement") is made and entered into as -of the __U day of _iv i , 2019 (the "Effective Date") by and between Bal Harbour Village, a Florida municipality (the "Village") and Calvin, Giordano & Associates, Inc., an independent contractor ("Consultant"), with each being referred to herein as a Party or collectively as the "Parties." WHEREAS, the Village seeks comprehensive professional data technology and development services; and WHEREAS, the Village desires to enter into an agreement with Consultant for the provision of these services. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants set forth below, the Village and Consultant agree as follows. 1. SCOPE OF SERVICES. Consultant shall provide the scope of services ("Services" or "Work") set forth In Consultant's proposal ("Proposal"), incorporated herein and attached hereto as Exhibit "A." Consultant shall commence the work upon receipt of a fully executed Notice to Proceed, (NTP) in a form similar to Exhibit "13" attached hereto. The Village shall not be responsible nor shall the vendor submit bills for work or services rendered prior to the issuance of an NTP. II, TERM. This Agreement shall commence on the Effective Date and shall continue in full force and effect, unless otherwise terminated with or without cause,,bythe Village in accordance with the provisions of this Agreement. Ill. PAYMENT. In consideration of Consultant's completion of the Services rendered hereunder, the Village shall pay to Consultant, as provided for in the Proposal, in an amount not to exceed $15,000 for the term of this Agreement ("Fee"). Commencing on the first anniversary of the Effective Date of this Agreement and for each year thereafter during which Consultant provides services to the Village hereunder, the Village shall pay Consultant a total fee in an amount not to .exceed Fifteen Thousand Dollars and 00/100 ($15,000.00) for the satisfactory completion of Services. From and after the second anniversary of the Effective Date of this Agreement, the not to exceed total annual fee shall be adjusted by the same percentage of the cost of living increase which is provided to Village general employees or Is reflected in the consumer price index (CPI) for all Urban Consumers (as defined by the Bureau 2019 IT Services -- CGA Page 9 of 18 of Labor Statistics) whichever is lower. Consultant shall commence the work upon receipt of a fully executed Notice to Proceed (NTP) in a form similar to the Exhibit "B" attached hereto. The Village shall not be responsible nor shall the vendor submit bills for work or services rendered priorto the issuance of an NTP Additional Servl em For the performance of Services completed outside of the Village's normal hours of operation (8:00 a.m. -5:00 p.m. Monday -Friday) or services not in in the Scope of Services enumerated In Exhibit A (collectively, the "Additional Services"), the Village shall pay Consultant In accordance with the schedule of fees attached hereto as Exhibit "C". Additional Services shall include review of data supplied by the Village (i.e. GIS data sets, databases, aerial images, etc,) required for the integration of the Services. Consultant shall not be entitled to payment for any Additional Services performed without the prior written consent of the Village Manager. All Services performed shall be invoiced to the Village. Upon receipt of an acceptable and approved invoice, payments) shall be made within thirty (30) days for that portion (or those portions) of the service satisfactorily rendered (and referenced in the particular invoice). IV. TERMINATION. A. Termination for Cause, If a Party fails to fulfill In.a timely manner, or otherwise violates or defaults upon, any of the covenants, agreements, or stipulations material to this Agreement, the non -defaulting Party, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the non defaulting Party shall notify the defaulting Parry of its violation of the particular terms) of this Agreement, and shall grant the defaulting Party ten (10) business days to cure such default. If such default remains uncured after ten (10) business days, the non - defaulting Party may terminate this Agreement without further notice to defaulting Party. Upon termination, the non -defaulting Party shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement. Notwithstanding the above, Consultant shall not be relieved of liability to the Village for damages sustained by the Village by virtue of any breach of the Agreement by the Consultant. The Village, at its sole option and discretion, shall be entitled to bring any and all legal or equitable actions that it deems to be ln�Its best interest in order to enforce the Village's 2019 IT Services - CGA Page 2 of 18 rights and remedies against Consultant. The Village shall be entitled to recover all costs of such actions, including reasonable attorneys fees. B. Termination for Convenience of the Village. The Village may, through its Village Manager, and for its convenience and without cause, terminate the Agreement at any time during the Term by giving written notice to Consultant of such termination; which shall become effective thirty (30) days following receipt by Consultant of such notice. if the Agreement is terminated for convenience by the Village, Consultant shall only be paid for any Services satisfactorily performed up to the date of termination; following which the Village shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In the event that the Village pays Consultant in advance, the Village shall be entitled to a refund of the prorated amount calculated from the date the contract Is terminated through the date that the contract would have expired had the Village not exercised this clause, Consultant shall issue such refund within thirty (30) days of the effective date of termination of the Agreement, C. Termination for Insolvency. The Village reserves the right to terminate this Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations forthe parties shall be the same as provided for in Section IV.B. V. INSURANCE REQUIREMENTS Consultant shall maintain general commercial, automobile (where applicable), workers` compensation, and professional liability insurance in an amount acceptable to the Village. Consultant shall maintain the following required types and minimum limits of insurance coverage during the term of this Agreement Per Occurrence Aggregate General viability $1,000,000 $2,000,000 Automobile Liability $1,000,000 combined single limit per accident 2019 iT Services - CGA Page 3 of 18 Professional Liability $500,000 $1,000,000 Workers' Compensation Statutory Amount This Agreement shall not be deemed approved until the Consultant has obtained all insurance required under this section and has supplied the Village with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The Village shall be named as an additional insured via a blanket endorsement in the endorsement for commercial and automobile liability coverage. The Village shall approve of such Certificates prior to the performance of any Services pursuant to this Agreement. CERTIFICATE HOLDER MUST READ Sal Harbour Village 655 961h Street Bal Harbour, FL 33154 ALL INSURANCE COMPANIES PROVIDED SHALL. Be rated at least A VI1 per Best's Key Rating Guide and be licensed to do business in Florida. Consultant's liability insurance shall be primary to any liability insurance policies that may be carried by the Village. Consultant shall be responsible forall deductibles and self -insured retentions on their liability insurance policies. Consultant agrees to provide at least thirty (30) calendar days written notice of cancellation, material change, or renewal refusal to the Village by certified mail, unless policies are renewed with equal or better coverage. VI. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless the Village and Its officers, employees, agents, and contractors, from and against any and all third party actions (whether at law or in equity), claims, liabilities, losses, judgments, costs and expenses, Including, but not limited to, attorneys' fees and Costs (collectively, -Losses"), for personal or bodily injury, wrongful death, or loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or willful or Intentional conduct of the Consultant, its officers, employees, agents, subcontractors, or any other person or entity acting under 2019 IT Services - CGA Page 4 of 18 Consultant's control or supervision, arising out of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such Losses which may issue from any lawsuit arising from such claims, and shall pay all costs and attorneys' fees expended by the Village inthe defense of such claims and losses, Including appeals, Consultant agrees to indemnify and hold harmless, the Village, its agents, servants and employees for all loss damage, expense or liability including, without limitation, court costs and attorney's fees that may result by reason of any infringement or claim of Infringement by Consultant of any patent, trademark, copyright, trade secret or other proprietary right relating to the services furnished pursuant to this Agreement Consultant will defend and/or settle at its own expense any action brought againstthe Village and any of its officers agents, servants and employees to the extent that It based on a claim that products or services furnished to the Village by Consultant pursuant to this Agreement, or if any portion of the services or goods related to the performance of service become unusable as a result of any such infringement or claim. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the Village to the Consultant for the Consultant's indemnity agreement. The provisions of this Section and this indemnification shall survive termination 'or expiration of this Agreement as to claims arising during the term of this Agreement. Nothing in this Agreement shall be deemed or treated as a waiver by the Village of any immunity to which it is entitled by law, including but not limited to the Village's sovereign immunity as set forth in Section 768,28, Florida Statutes, Vi{. CONSULTANT'S EMPLOYEES. A) All personnel employed by Consultant in the performance of this Agreement shell be, for the duration of this Agreement, Consultant employees. Consultant shall be solely responsible for all compensation, benefits, insurance and rights of Its employees during their course of employment with Consultant. Accordingly, the Village shall not 'be called upon to assume liability for or direct payment of any salaries, wages, contribution to pension funds, insurance premiums or payments, workers compensation benefits 2019 IT Services - CGA Page 5 of 18 under Chapter 441, F.S. or any other amenities of employment to any of Consultant's employees or any other liabilities whatsoever, unless otherwise specified herein. B) The Village Manager shall have the right to require Consultant to transfer any Consultant employee out of the Village, for any reason, or no reason, Consultant agrees to' transfer any Consultant employee immediately upon notification by the Village Manager. Vill. ENTIRE AGREEMENT. This Agreement, Consultant's proposal, and any warranties shall constitute the entire Agreement. In the event of a conflict between the provisions of those documents and this Agreement, the provisions of this Agreement shall prevail. Any amendment to the terms of this Agreement shall be evidenced In writing and executed by both Parties. IX. WARRANTIES. Consultant represents and warrants that Consultant is free to enter into the terms of this Agreement and that Consultant has no obligation to any third party or otherwise that are inconsistent with any of its provisions. Consultant further represents and warrants that Consultant has and shall maintain for the duration of this Agreement, all professional 'I Icenses required to be held by an Individual or entity providing the Services by any and all federal, state or local law, rule or policy. Consultant warrants that its services are to be performed within the limits prescribed by the Village and with the usual thoroughness and competence of the Consultant's profession. Consultant shall be responsible for technical deficiency in the (Service deliverable; i.e. study, design, etc.) due to errors and omissions for two years.after the date of acceptance of the Services by the Village. The Consultant shall, upon the request of the Village, promptly correct or replace all deficient work due to errors or omissions without cost to the Village. Consultant acknowledges that the responsibilities enumerated in this Agreement (a) will not adversely affect her primary employment, (b) will not create a conflict of interest ss defined by Chapter 112, Part Ili of the 2019 IT Services - CGA Page 6 of 18 Florida Statutes. X. NON-EXCLUSMTY. This Agreement is non-exclusive. The Village retains the rightto engage the services of additional third -party Consultants or assign responsibilities to an employee of the Village to perform the same or similar services provided by Consultant under this Agreement and to assign work to such parties in its sole discretion, XI. SEVERABIUTY. The Parties to this Agreement expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body, If any provision of this Agreement is judicially or administratively interpreted or construed as being In violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or combination thereof causing such violation will be inoperative (and in lieu thereof there will be Inserted such provision, section, sentence, word, clause, or combination thereof as may be valid and consistent with the intent of the Parties under this Agreement) and the remainder of this Agreement, as amended, will remain binding upon the Parties, unless the Inoperative provision would cause enforcement of the remainder of this Agreement to be inequitable underthe circumstances, XIL ANTi•DISCRIMINATION Consultant certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap. Consultant further agrees that neither Consultant, nor any parent company, subsidiaries or affiliates of Consultant are currently engaged in, nor will engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. XIII. SCRUTINIZED COMPANIES A. Consultant certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Village may immsdlately terminate this Agreement at 2019 IT Services - CGA Page 7 of 18 its sole option if the Consultant or its subcontractors are found to have submitted a false certification; or if the Consultant, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged In the boycott of Israel during the term of the Agreement. B. If this Agreement is for more than one million dollars, the Consultant certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Eneirgy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Village may immediately terminate this Agreement at its sole option if the Consultant , its affiliates, or its subcontractors are found to have submitted a false certification; or if the Consultant, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List;. or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. The Consultant agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. XfV. NOTICES. All notices hereunder shall be given in writing by registered or certifiedi mail, return receipt requested, postage prepaid, addressed to the Parties at the following respective addresses, or at such other address as may be designated in writing by either Party to the other, and shall be deemed delivered for all purposes hereunder upon deposit of same into the L16ited States mail: To Village: Jorge Gonzalez, Village Manager Bal Harbour Village 655 961' Street Bal Harbour, FL 33154 Copies To: Dwight S. Dania, Village Clerk Bal Harbour Village 2019 IT Services:- CGA Page 8 of 18 655 96t' Street Bal Harbour, FL 33154 Susan L Trevarthen, Village Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, PL 33312 To Consultant: ChrisGiordano Director of Management Services Calvin, Giordano&Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.92 1.7781 Fax: 954.921.8807 XV. COMPLIANCE WITH LAWS. Consultant agrees to comply with all laws, ordinances, rules, and regulations that are now or may become applicable to the Services covered by this Agreement, regardless of the applicable jurisdiction. XVI. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the Parties and their respective successors, heirs and assigns. However, the Parties agree that nothing contained herein shall authorize the assignment of this Agreement or the delegation of any duties hereunder by either Party, unless previously set out In this Agreement, without the prior written consent of the other patty. XVII. SURVIVAL OF TERMS. Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities or obligations set forth in this Agreement which (a) the Parties have expressly agreed shall survive any such termination, or (b) remain to be performed and by their nature would be intended to be applicable following any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the insurance and/or' indemnification obligations set forth below shall survive the termination of this Agreement. 2019 IT Services - CGA Page 9 of 18 XVIII. GOVERNING LAWS. This Agreement shall be governed by, construed In accordance with, the laws of the State of Florida. The venue for any dispute arising from this Agreement shall be the Circuit Court of Miami -Dade County, Florida. The Parties voluntarily waive any right to trial- by jury in the event of litigation between the Parties, which arises out of this Agreement in any way, XIX. NO CONTINGENT FEES. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that It has not paid or agreed to pay any person(s),-company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. XX. WAIVER. No delay or omission by either Party hereto, in -the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waiver is sought. A waiver by either of the Parties hereto of anyof the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available tq either Party at law, in equity or otherwise. XXI. FORCE MAJEURE. Non-performance of Consultant or Village shall be excused to the extentthat performance is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism, governmental acts or orders or restrictions, or other similar reason where failure to perform Is beyond the control cif and not caused by the negligence of the non -performing Party ("Force Majeureu), providedthat the non -conforming Party gives prompt notice of such conditions to the other Party and makes all reasonable efforts to perform. 2019 IT Services - CGA Page 10 of 18 XXII. INDEPENDENT CONTRACTOR. Consultant has been procured and Is being engaged to provide Services to the Village as an independent contractor, and not as an agent or employee of the Village, Accordingly, Consultant shall not attain nor be entitled to any rights or benefits of the Village, nor any rights generally afforded classified or unclassified employees of the Village. Consultant further understands that Florida Workers' Compensation benefits available to employees of the Village are not available to Consultant, and agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering Services to the Village underthis Agreement; XXIII. CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, Consultant agrees to: A. Keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this agreement. Consultant shall 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, and following completion of the Agreement until the records are transferred to the Village. 13, Upon request from the Village's custodian of public records, Consultant shall provide the Village 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement,are and shall remain the property of the Village, Notwithstanding, it is understood that at all times Consultant's workpapers shall remain the sole property of Consultant, and are not.subject to the terms of this Agreement. D. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of Consultant shall be delivered by Consultantto the Village Manager, at no cost to the Village, within seven (7) days. All such 2019 IT Services - CGA Page i 1 of Is records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, Consultant shall destroy any and all duplicate records that are exempt or confidential and exempt from public records disclosure requirements. Notwithstanding the terms of this Section, the Parties agree and it is understood that'Consultant will maintain a copy of any information, confidential or otherwise, necessary to supportits work product generated as a result of its engagement for services,'solelyfor reference and archival purposes in accordance with all applicable professional standards, which will remain subjectto the obligations of confidentiality herein, E. Any compensation due to Consultant shall be withheld until all records are received as provided herein. F. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village, IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUi'E5, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 345-866-4633 clerk-Q alharbourfl.�ou OR BY MAIL: Viliage of Sal Harbour - Village Clerk's Office, 655 96th Street, Sal Harbour, FL 33154. XXIV. CONTRACT DOCUMENTS The Contract Documents referred to in this Agreement shall be comprised XXV. OWNERSHIP OFVVORK PRODUCT AND DOCUMENTS. A. All work product, including but not limited to software and computer applications (other than those software and computer applications which Consultant simply provides or licenses to Village for Village's use during the duration of this Agreement), prepared by Consultant for the Village in the performance of this Agreement shall immediately become the property of the Village. 8. Consultant understands and agrees that any information, document, 2019 IT Services - CGA Page 12 of 18 report or any other material whatsoever which is given by the Village to Consultant or which is otherwise obtained or prepared by Consultant under the terms of this Agreement is and shall at all times remain the property of the Village. XXV. AUDITAND INSP5CTION RIGHTS. A. The Village may, at reasonable times, and for a period of up to three (3) years following the date of the final performance of services by Consultant under this Agreement, audit or cause to be audited, those books and records of Consultant that are related to Consultant's performance under this Agreement. Consultant agrees to maintain all such books and records at .its principle place of business for a period of three (3) years after final payment is made under this Agreement. Consultant shall make all necessary books and records available for audit in Miami -Dade County, Florida, S. The Village may, at reasonable times during the term hereof, inspect Consultant's facilities and perform such inspections, as the Village deems reasonable and necessary, to determine whether the services required to be provided by the Consultant under this Agreement conform to the terms of this Agreement. Consultant shall make available to the Village all reasonable facilities and assistance to facilitate the performance of inspections by the Village's representatives. [SIGNATURE PAGE TO FOU.OWj 2019 IT Services - CGA Page 13 of 18 IN WITNESS WHEREOF, Consultant has signed and delivered this Agreement, and the Village has caused this Agreement to be. signed and delivered by its duly authorized officer or representative, all as of the date first set forth above. CONSULTANT: VILLAGE: Bal Harbour Village 655 Ninety -Sixth Street z-- Bal Harbour, FL 33154 B — - By: ----�-, / OF (�brgA, .,(.)onza(e? ate 'Village Manager I nCl Attest: Dwight S. Danie Date Village Clerk Approved as to form and legal sufficiency forthe use and reliance of the Bal Harbour Village only. By: to ,P Village Attorney Date 2019 IT Services - CGA Page 14 of 18 EXHIBIT "A" SCOPE OF SERVICES Consultant shall ' perform comprehensive professional data technology & development services for the Village (the "Services"). The Services shall be comprised of the implementation of essential information technology systems as well as the provision of ongoing technical support and maintenance of the Village's existing information technology systems, and shall include the following Individual tasks: A. Services in Support of Village 1T Masterplan. 1 , Conduct an in-depth assessment of existing hardware and software, along with a needs analysis to determine where issues exist, or improvement and/or upgradescan be made attheVillage's request. Assessments will include capital budgeting for IT to understand Village's current operating costs for IT,as well as the potential for new projects/RFPs. B. General Information Technology Services for the Village of Bal. Harbour End -Users and Police Department. 1. Back Up Staffing and Services in Support of Village IT Support Specialist o Provide backup coverage for the Village IT Support Specialist 6 Provide afterhours network support on an as needed basis. a Additional levels of support will be provided on an hourly basis. Additional levels of support may include Technology Director or Network Manager to address tasks that require a higher level of expertise. Additional coverage for Police Department services will be performed remotely or on -site, whichever is most efficient or effective to resolve issues swiftly. Support staff will have the level of expertise required to complete necessary tasks. 2. Identify network vulnerabilities and present solutions to the Village . Manager. 3. Support an FDLE server or any law enforcement related .computer or software equipment that requires special certification. 4. E911 ! DMS system support. 2019 IT Services - CGA Page 15 of 18 5. Monitor and/or support Firewall. e Monitor VPN clients for mobile laptops. C. Procurement. 1; Assist the Village on all technology purchases as approved by the Village Manager. 2. Work with the Village on developing any RFD's for IT equipment and/or services as necessary. D. Policy. 1. Assist the Village in maintaining defined security policies for all Village staff internally and remotely. E. Technology Services not provided to the Village In this contract. 1. Software development. 2. G1S Support. 3. Cost of Equipment purchases. 4. Cost of Software Purchases. 5, Website Design/Development. 6. Graphic Design/Graphic Formatting. F. Additional Services. The Village shall be billed for services performed after the normal hours of operation or for services outside the Scope of Services enumerated above. Consultant shall obtain the written approval of the Village Manager before work is commenced on any additional services. 2019 IT Services - CGA Page 16 of 18 EXHIBIT "B" NOTICE TO PROCEED BAL HARBOUR V I L L A G E - JORGE M. GONZALEZ VILLAGE MANAGER Date Contractor Name Address City and State Zip RE: Agreement -Year / Type Contractor Name Please consider this your official Notice to Proceed on the above referenced wwork/service. You are hereby authorized to proceed with the work as of E. Contract time will begin to be counted on this clay. The work shall be completed within the prescribed timeframe as specified in the contract documents. The Village has appointed NAME as the Village's Representative who will be your single point of contact. If you have any questions, please contact the Village Representative. Sincerely, Jorge M. Gonzalez Village Manager Cc: Department Head Name Claudia Dixon, Chief Financial Officer 2019 IT Services - CGA Page 17 of 18 EXHIBIT "C" SCHEDULE OF FEES A. Associate Data Technology and Development - $165 hourly B. Network Administrator -$155 hourly C. Sr. Application Development-$165hourly D. System Support Specialist - $115hourly E. Desktop Support Specialist - $85 hourly F. GIS Specialist -$125 hourly G. Creative Director (web development) - $125 hourly 2019 IT Services - CGA Page 18 of 18