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Agenda 09-11-12 e BOYNTONCRA =BEACH CRA Board Meeting Tuesday, September 11, 2012 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 I. Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Sunday in the Park — October 7, 2012 VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting August 14, 2012 B. Approval of Period Ended August 31, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Contract between Dee Dee Morrison and the CRA for Art on Ocean Avenue in the Amount of $10,000 E. Approval of Contract between David Langley and the CRA for Art on Ocean Avenue in the Amount of $17,925 F. Approval of Contract between Jo Chamness and the CRA for Art on Ocean Avenue in the Amount of $10,000 IX. Pulled Consent Agenda Items: X. information Only: A. Public Comment Log B. Business Newsletter C. Memo to Interim City Manager Regarding Maintenance of Boynton Beach Blvd Extension/Promenade Walkway and July 4th Event D. Back -up Regarding Citizen of the Year Award Procedure E. Fun Night Out — September 6. 2012 XI. Public Comments. (Note: comments are limited to 3 minutes in duration) XII. Old Business: A. Consideration of Approval of Resolution No. R12 -04 Adopting the 2012/2013 CRA Budget B. Consideration of Resolution No RI 2 -05 Authorizing the CRA Board to Enter into a Rate Lock Agreement with PNC Bank for the Refunding of 2004 and a portion of 2005 Bonds C. Consideration of Approval of Commercial Interior Build -Out Assistance Program Rules and Requirements for FY 12/1 3 D. Consideration of Approval of Commercial Rent Reimbursement Program Rules and Requirements for FY 12/13 E. Consideration of Marina Management Agreement with Waypoint Marine. Inc F. Update and Request for Direction on Splashdown Divers, Inc.'s Commercial hiterior Build -( }tit Assistance Program Grant G. Update and Request for Direction on Splashdown Divers. Inc 's Commercial Facade Grant XIII. New Business: A. Approval of New Marina Leases and "Perms for Fiscal Yea] 12 1 B. Executive Director's Annual Review XIV. Executive Director's Report A. Project Status Update and HOB Investment 1 XV. Future Agenda Items XVI. Adjournment NOI i( f If A PERSON DECIDES TO APPEAL ANY DECISION MADE Bl 1 HE ( RA BOARD 111111 RESPE(I 10 ANY MA1 ftR ( OASIDLRED A I THIS MEI- I INC. Hf ,S141 NB I NI I U s RI ( ORI; OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE M AA NEED TO FISSURE 01 A 1 A 11 RBA1151 RECORD 01 FHF PRO('/ EDING IS 11401 4511R I1 Plc ORD +Nz 01 , 111 II STIMONY AND EVIDENCF UPON' 51111( H1 HE APPEAI IS 10 BE 13ASED ( I s 2.86 0105 ) FHE CRA SHALL FURNISH APPROPRIA11 AtAIL1ARl AIDS AND SER5ICES \4HERI NICESSARV 10 1F1 ORD AN INDIVIDLAL 1111H A DISABILI11 AN EQUAL OPPORII NII l ,( PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR A(I IL1TY CONDL ( FED BY I HE 0111 PLEASE (ONTACT THI C'RA 11/1561) 7 37 -12 11 '1 0'+ 141 FN11 -FOUR HOURS PRIOR 10 TH1 MEI 11A0 PROGRAM OR 4('114 ITl IN ORDI R FOR TILL CRA I D REASON AB! 1 VC(OMVSOD A II 1 O1 R 41( 0 ) ; MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, AUGUST 14, 2012, AT 6:30 P.M. IN COMMISSION CHAMBER CITY HALL, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH FLORIDA PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director Mack McCray, Vice Chair James Cherof, Board Attorney James "Buck" Buchanan Steve Holzman Mark Karageorge Marlene Ross (arrived at 6:39 p.m.) I. Call to Order Chair Hay called the meeting to order at 6:30 p.m. and welcomed all to the meeting. IL Invocation and Pledge to the Flag Mr. Karageorge gave the invocation followed by the Pledge of Allegiance to the Flag, led by Vice Chair McCray. 11I. Roll CaII The Recording Secretary called the roll. A quorum was present. IV. Legal None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Karageorge added a discussion of the Palm Beach County Business Development Board Gala event for discussion to XIII. New Business as Item B. B. Adoption of Agenda Motion Vice Chair McCray moved to approve the agenda with the addition. Mr. Buchanan seconded the motion that unanimously passed. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: Mr. Holzman left the dais at 6:32 p.m. Mr. Karageorge announced Pathways to Prosperity had their "Back to School Health Fair" and set a record. Two thousand, two hundred individuals attended and 1,000 students received backpacks and school supplies. Physicals were available as was HIV testing. They had great volunteers, some from Boynton United, on Friday night and Saturday. It was a success and he looked forward to next year. Chair Hay commended the students who helped with the event and agreed it was phenomenal. Chair Hay also attended the Veterans Park unveiling of the Marine Monument and pointed out Vice Mayor McCray attended as well. He noted commemorative bricks were available for purchase. Chair Hay met with a County Commissioner and his staff to discuss the Marina situation. The meeting went well and Commissioner Abrams would make a presentation at the next County Commission meeting, and would learn the results of the issue the next day. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting July 10, 2012 B. Approval of Period Ended July 31, 2012 Financial Report C. Monthly Purchases Orders D. Approval of Commercial Facade Grant to Jon C. Schmitt E. Approval of Rent Subsidy Grant to Family Development Partners, Inc. (Subway Regional Offices) IX. Pulled Consent Agenda Items: None. X. Information Only: 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 A. Public Comment Log There were no comments on this item. B. Events Recap - July 2012 There were no comments on this item. Mr. Holzman returned to the dais at 6:38 p.m. C. Media Advisories and Social Media Outreach Mr. Karageorge thanked Ms. Walsh and the consultant on the Facebook presentation held for the merchants and business owners. The seminar was well attended and much positive feedback was received. These types of events help business succeed. Ms. Brooks agreed and conveyed merchants were asking when the next seminar would be held. Staff was planning another with Iberia Bank that would be free to business owners. Chair Hay attended the Chamber of Commerce luncheon and was pleased to see JFK Hospital becoming involved. D. Recommendations of Art for Ocean Avenue Trees by Arts Commission Ms. Ross arrived at 6:39 p.m. Ms. Ross inquired if three artists would be selected from the 11 submissions received. Vivian Brooks, Executive Director, explained three artists were already selected by the Arts Commission. As to what would occur by the end of August, Mike Simon, Development Director, elaborated the proposals from the three artists selected were recommended by the Review Committee and approved by the Arts Commission. They submitted their final proposals to the Arts Commission this week which were still being tweaked, but the Community Redevelopment Agency Board would receive the final proposals and costs in order to enter into agreements by September. The three different artists would continue the Art on the Avenue. It was thought with the Avenue being so long and with so many trees, there was a benefit to having more than one artist featured and have different elements displayed as opposed to one theme on the entire street. It added variety. The Arts Commission had the lead in selection and issuing the call to artists. Once the public art element kicked in, the project fell into their process. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 Mr. Buchanan inquired about the security of the pieces. He was aware the pieces could be removed before a storm but asked how to keep them intact. Mr. Simon responded they would be displayed high in the trees. One ground piece was taken from the Avenue near the Ruth Jones Cottage nearly a year ago, but it was pointed out it would be difficult to get a mechanism through the lock. They would be insured and they would be Tess likely to be taken than something at ground level. Ms. Coles - Dobay, Public Art Administrator, confirmed there were mechanisms to keep the art secure. One would need special tools, ladders or lift trucks to remove the art and it would be obvious if someone was trying to steal any of it. The pieces are not so easy to remove; however, they are accessible and could be taken down when necessary. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Jerry Taylor, 1086 SW 26th Avenue, thanked the Community Redevelopment Agency staff and Board, City staff and Commissioners, for their comments of sympathy, cards, and flowers sent for the passing of his son. He commented when they left Illinois, the flowers were still on display on the front altar at St. James Church. He commented the flowers were very beautiful and the family was overwhelmed at the number of people who came to honor their son. Friends lined up at 3 p.m. creating a continuous line into the funeral home and five hours later, they had to cut the line off in order to start the memorial service. He noted there were people of every ethnic background who came to share how his son touched their lives, He continued to touch lives even after death as an organ donor. He expressed how pleased and proud he was of his son and was so thankful he now has a new body and etemal life. Ray Whitely, 7353 Palmdale Drive, thanked the Board for hearing their comments and commented in order to build the community they want, they should be heard in forums such as the Community Redevelopment Agency. They wanted to know the crime statistics and Sergeant Joe DeGiulio provided the requested information. Year to -date, criminal homicide increased 400 %. Sexual offenses increased 133 %. Robbery increased 22 %. Aggravated assault and battery was reduced by 13 %. Mr. Whitely explained there was work to be done and it should be done with a sense of urgency. This message would be brought to the Head Start Programs, elementary, middle and high schools, and to the streets and churches that violence has no place in Boynton Beach. He commented they would not stop until they met the goal of their mission statement to "Bury the Violence." Mr. Whitely introduced David Dennis, Vice President of Boynton United and Director of Development, who shared an initiative which was proven to be successful. The effort would redevelop the Community Redevelopment Agency area and Boynton Beach. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 David Dennis, 1314 S. Seacrest Boulevard, reviewed an initiative used in Delray Beach. Mr. Dennis explained years ago he was part of Mad Dads in Delray Beach and they established a police substation on SW 12th, which became a Neighborhood Resource Center, (NRC). He read the following excerpts into the record: ". . . the general housing conditions were substandard and in need of rehabilitation, and there was an inordinately high drop -out rate among high school students living in the neighborhood, but despite those problems, there was a sense of pride and community in areas residents. It bought different community organizations together in a single public facility." "The idea was to provide residents with a resource center that could provide basic information, technical assistance, and direct access to much needed services. .. The City began by renovating a duplex it owned, which had previously been converted into office space for a now defunct community foundation. . . . Once the Neighborhood Resource Center opened in August, 2006, it soon became clear that the Center would outgrow the space in a very short time. The CRA purchased and renovated the adjacent building to serve as an annex to the Center. .. in 2007, the CRA won State recognition for the category of 'Creative Partnerships' from the Florida Redevelopment Association for this collaborative partnership with the City." "The Neighborhood Resource Center opened for business in August 2006, with just the neighborhood planner, staff assistant, police department staff, and the United Way Prosperity Center as the Center's major tenant. The Prosperity Center provides a variety of services such as VITA — a free tax preparation service, credit counseling, first -time homebuyer education, micro - enterprise education, family support service, and legal aid for elders.... After being open for a few short months, the NRC grew to host five community organizations that have been able to provide hundreds of residents with a variety of valuable services. Now, an average of 22 residents visit the center each day, many of whom take advantage of multiple services at a time." "The NRC has also been a resource to various community and grassroots organizations that take advantage of meeting space at the facility. The Neighborhood Advisory Council, the Zion Study Circle, the Community Land Trust Advisory Committee, and several homeowners associations hold regular meetings in the NRC conference room. The conference room is also used for other workshops and activities. The NRC Nutrition Class, taught by the University of Florida Extension Program, attracts an average of 20 residents from all parts of the City each time it is held. Other workshops, such as 'Making City Hall Work for You', 'Neighborhood Crime 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL Au! ust 14, 2012 Watch' and 'How to be a President or Chairperson', encourage residents to become civically engaged in their neighborhoods and city government." "The City and CRA have felt demand not only from residents, but from organizations that wish to participate, as well. With none of the center's 12 offices vacant, space is in high demand. The United Way's Prosperity Center has been particularly successful and received national recognition from the United Way of America in 2007 as a 'Best Practice' that should be duplicated across the country. . The goal of the Delray Beach Neighborhood Resource Center was to 'promote a sense of community through the delivery and connection of services that educate, promote volunteerism and civic engagement.' Many of the center's objectives have focused on bringing neighbors together while giving citizens more direct access to information, city staff, and public resources. The center serves as an information clearing house, a place where residents can gather data on many city departments and programs. .. A neighborhood resource center can be created in communities where there is a need to make services available to residents. The benefits of a neighborhood resource center for a community can be invaluable. Regardless of the specific focus of the center, it can help build mutually beneficial relationships among a govemment, community organizations, and residents all together. Anytime a govemment agency goes beyond its regular functions to serve the citizens, it demonstrates a commitment to the well being of the community. Such initiatives can generate trust, the building block of all relationships." XII. Old Business: A. Consideration of DIFA Agreements between the CRA and Gulfstream Gardens, LLC for Phase I and Phase 11 of Seabourn Cove Development Ms. Brooks explained this item was supposed to be heard last month. The developer wanted to bifurcate the agreement because they purchased additional land for Phase 11 There were a few minor changes, but the essential guts were the same. It was noted Phase I would be on the tax rolls next year. Susan Harris, Finance Director, commented the Community Redevelopment Agency has to make payments by April 1 of each year for other developers they have agreements with as long as the performance audit is accepted. The Property Appraiser closes the books on the money paid the previous year in July. Staff added language that they would make the payment when the performance audit conditions were met and when final certification is received from the Property Appraiser. This would commence with the completion of the project and the development would be on the rolls the following year. Ms. Brooks explained staff also required proof the developer paid their taxes, which in the past was not requested. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 Rick Lococa, Developer, Seabourn Cove, did not object to the additional language. Motion Mr. Buchanan moved to approve the DIFA agreements for Phase I and II. Vice Chair McCray seconded the motion that unanimously passed. B. Update on Loitering Solutions for CRA Properties and Area Ms. Brooks explained at the June meeting, there was discussion individuals were loitering on their properties which led to problems and illegal activities occurring on site. Staff was receiving complaints from surrounding property owners as the area was a rough area and shootings had occurred. A representative from a company called Flashcam approached staff and explained their technology was successfully used by other municipalities to resolve the same issues. A bullet proof video cam is mounted facing downward on a pole. The device consists of a camera, a speaker and a light which goes off when motion was detected within 100 feet. A recorded statement, created by staff, is broadcast. A bright light flashes and a very clear photo is taken which could be used for prosecution. Staffs thought was they would not prosecute unless illegal activities were taking place, but conversely, it was thought that was most likely why they were having problems in the neighborhood. With this device, when the trespasser hears the announcement, they turn, look, and they get their picture taken. It was a behavior modification tool, but staff expressed they needed to take a stand in that neighborhood. It was a unique solution and staff would not have to cut down the trees. It could be used for other areas in the City or by other departments such as Recreation and Parks or the Police Department. Another issue was individuals loitering in front of the Magnuson House. Ms. Brooks explained there was a City bench and across the street, another City bench. Depending on where the shade was, a group of people have taken over the area and they hang out behind the Magnuson House and use it as a latrine. The Magnuson House was thought to be one of the oldest homes in the City. Staff was recommending, after checking with the City Manager, the Public Works Director, the Public Art Administrator and the Historic Preservation Planner, removing the benches as an interim measure. No one was using the benches while this population was sitting there. Staff planned to seriously market the Magnuson House next year and it would be difficult to do so when vagrants are publically intoxicated and using the property as a restroom. Vice Chair McCray requested receiving a copy of the call log of complaints. He also clarified the shootings were occurring in the Heart of Boynton, (HOB), not on the Community Redevelopment Agency property. Ms. Ross inquired if any social service agencies attempted to reach these individuals, or if any documentation or assistance from a humane perspective was available. She also inquired if there was any information from residents regarding any lewd, lascivious or inappropriate behavior. She hoped someone would approach a homeless person to help. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 Discussion followed Pathway's to Prosperity did outreach in the northeast part of District II and Ocean Avenue to make those individuals aware of social services, food stamps, public assistance, utilities and housing assistance, and more. They have a full -time navigator to assist interested individuals, and outreach is done once a month on a Saturday for four hours. Mr. Karageorge and staff had all witnessed the behavior at the house. When he asked the people to move, they challenged him, and he told them he would call the police. Ms. Ross asked if someone from the CRA contacted the Coalition for the Homeless and noted they provide money to the Community Caring Center. There are other organizations that could help. Ms. Brooks commented the individuals may or may not be homeless. Chair Hay pointed out the Board gave staff permission to find innovative ways to improve the area and market it. He commented as he was speaking to the news earlier in the day, he noticed homeless people at the location and when an area is marketed it should be enhanced and made desirable to buyers and developers. He acknowledged there was a problem with homeless people but the issue was whether the concept of the flash camera was a good one. It worked in other cities which made it appealing to him. He thought they could start on Ocean Avenue and then the Marina. Staff was requesting to purchase one camera. Ms. Brooks wanted to see how it worked and wanted to work with the Police Department if it would be used to apprehend individuals conducting illegal activities. Mr. Buchanan commented the camera would be placed on CRA property that fronted on MLK, and felt they had a duty to the health and safety of the area citizens. There was liability so staff should deter illegal and detrimental activities. Removal of the benches fell into the same category to protect CRA property, enhance the welfare and safety of the area and increase marketability. He thought the camera and removal of the benches was necessary at this stage. Motion Mr. Buchanan moved to remove the two benches on Ocean Avenue and purchase the Flash cam. Mr. Karageorge seconded the motion for discussion. He pointed out for MLK to be developed, land had to be assembled. To do so successfully, crime had to be eradicated. At community meetings and neighborhood groups, Illegal activities were the citizens' number one item of concern. Mr. Simon also commented the Adirondack chairs at the Marina became an unfortunate gathering space, used as a restroom and holding area for clothing. Patrons at the Marina were not stopping or using the amenities because they were uncomfortable with the smell and the activities going on with the individuals who gathered there. One citizen, Mr. Fitzpatrick, was very outspoken about it. People on the west side of 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 Seacrest Boulevard would come to the park with their children and witness the activities. There were also Police reports of individuals moving from place to place. A woman who lives next door to Kenny's convenience store came to the CRA about the Magnuson House. Since the CRA funded the street improvement and funded those benches, people assumed the CRA owned the benches. Ms. Ross clarified she did not want to penalize people, but Mr. Simon pointed out the penalty was on the everyday citizens who would use them but cannot because they were occupied. Mr. Simon had worked with the Homeless Coalition in Delray Beach and thought perhaps there could be a City /CRA outreach partnership. He rode with Sergeant DiGuilio and these individuals were clearly moving things back and forth. The individuals appeared to be homeless, veterans or disabled and there were other aspects of their lives, from a Police standpoint, that were questionable, although that did not apply to the entire group. There was enough information gathered through the Police Department and Code Compliance Division about the group. The group may leave the Community Caring Center, then go to the tower, then the bridge, and it was - characteristic of nomadic -type individuals. If the CRA had to partner with another organization to address the matter, staff could do so. In the meanwhile, staff removed the chair at the Marina Tower. It was acknowledged each time the population moved, it caused a problem somewhere else, but all acknowledged individuals also have the right to assemble. Mr. Simon commented public intoxication and open drinking was being addressed by the Police Department. Staff was also cognizant there were different issues. One was open air drug sales. Homelessness was another, but they were both deterrents to individuals investing or the success of a restaurant. Chair Hay opened the floor for public comment. Brian Fitzpatrick, 220 E. MLK, 526 NW 12th, explained he has been in the HOB for 20 years. He applauded staff and the Board for thinking outside the box and expressed the matter was frustrating. He respectfully commented he has seen little change and expressed the Community Redevelopment Agency had a duty to develop its property to its fullest potential. During the process, they may have to make unpopular decisions. He liked staffs idea regarding the benches on Ocean Avenue and inquired how much longer Ocean Avenue, MLK and Cherry Hill would remain the way it was. He pointed out people from other cities go there because they know they can hang out. He noted Boca Raton received over $1 million to place over 200 cameras city -wide. He thought a Flashcam on a vacant lot was fine, but thought they needed to be in residential areas such as Cherry Hill. David Dennis, 1314 S. Seacrest Boulevard, shared he went to college, came back and moved to Delray Beach. He was driving around and was stopped by the Police for loitering. He was shocked to learn the matter was so significant. He attended a neighborhood meeting and became Treasurer of Mad Dads. Since then he went street 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 walking with them and saw the activities and SWAT vans. He witnessed what the residents, the Community Redevelopment Agency and the City did to address the concern. He sees the same thing happening in Boynton and sees things coming together. He applauded all for trying to address the issue Chair Hay closed the public hearing. Vote The motion unanimously passed. C. Update on "The Little House" Mr. Simon reported the restaurant opened the weekend of July 14th. The tenant, with the help of staff, achieved a significant savings by engaging a contractor of her choice. The awning over the walk -in cooler was now complete. The siding was finished and they were reaching the conclusion of the project at the end of the month. Mr. Buchanan commented the establishment was great. It was beautiful inside and the food and beverages were great. D. Review and Recommendation of the RFP for the Boynton Harbor Marina Signage & Landscape Project Mr. Simon explained on July 10th, the Board approved soliciting cost proposals from construction and landscape companies to fulfill the scope of work for signage mimicking the Marina tower entrance feature sign and landscaping. The RFP was issued with a short response time of about 25 days. Staff expressed they thought they would receive more interest. One bid was qualified; however, the price far exceeded staffs expectation of what the project would cost. Staff worked with the designers and tried to value engineer the project and felt the project could be bid individually, which would reduce the cost. It may also encourage smaller vendors to come forward. Discussion ensued whether a low response was indicative of the RFP or working with staff. Mr. Holzman questioned why they did not receive more responses and what builders thought of the Community Redevelopment Agency. Mr. Simon explained some builders, such as the one used to rehabilitate the Ruth Jones Cottage were great, but many would not bid on projects in the Community Redevelopment Agency because of the bid bond requirements and the costs involved in the reporting. Mr. Holzman inquired what could be done to change the opinion of contractors and show builders that staff operated in a good faith manner. He thought the issue was not the price, it was why staff did not receive more responses Mr. Simon explained staffs experience with several professional services contractors and the bid process and confirmed comments made by contractors were to Mr. Holzman's point. He was unsure how to change it. He noted the experience the Board 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 had with the Auburn Group, Kaufman Lynn, and Hedrick Brothers. He pointed out the past experiences with them did not speak well to how a contractor or the process of building within the Community Redevelopment Agency might be seen. Developers left meetings because they did not want to be part of a muddier process. Staff wants to create a good relationship with builders and receive responses to their projects. Additionally, the construction community has a perception the Board has already chosen who they wanted or were only bidding to get results. It is a public process and when groups of individuals were analyzing bids and comparing numbers, costs, methodologies or construction, the scrutiny is there. Mr. Simon opined there may be businesses that do not want public scrutiny, especially for fairly small projects that are labor intensive from a public aspect. There is not a lot of profit. If there is a shortcoming on the part of the Agency in attracting builders, staff could hold a builder - developer forum and ask them what they would like to see. Staff has a list of vendors interested in participating. Ms. Brooks also believed the bond requirements were problematic for small contractors on small jobs. Because revenue is limited, the Agency is limited to doing small projects. Staff was revisiting this issue with the City's Finance and Procurement Division as it pertained to projects under a certain threshold. Mr. Buchanan thought regardless of how many respondents there were, the price was absurd for the scope of work. Motion Mr. Buchanan moved to terminate the RFP process, reject the proposal as submitted and direct staff to solicit cost proposals from subcontractors for the Boynton Harbor Marine Entry Signage and Landscaping project located at 222 N. Federal Highway. Mr. Holzman seconded the motion. Mr. Karageorge inquired if the matter of not requiring a bid bond if an alternative, such as increasing the retainage, was discussed with the Building Official. Mr. Simon explained it was discussed with the Finance Director and it could be another way to involve more local contractors with less stringent bonding requirements. The Building Office had been contacted and indicated they could bid the landscaping themselves and save money. Chair Hay noted the Board has not always been friendly towards developers and attitudes needed to be changed towards those who come before the Board. Mr. Simon commented the impact of the project was far greater than the dollar. The motion was unanimously passed. E. Review and Recommendation of the RFQ /RFP for the Boynton Harbor Marina Fuel Dock & Marina Slips Management Services 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 Mr. Simon reviewed the results for the above services. In July, the Board had approved issuing the RFP for said services. Currently, the contract was with Waypoint Marine, the sole respondent to the 2007 RFP who was selected to begin in February 2008 with two (2) two -year renewals which expire at the end of next month. From the RFP issued on July 11th, staff received only one response which was from Waypoint Marine, Inc. Staff was extremely happy with their services. The consistency of price and value to the increased level of work was without question most reasonable. Motion Mr. Holzman moved to approve. Mr. Buchanan seconded the motion that unanimously passed. XIII. New Business: A. Consideration of Creating a CRA Citizen of the Year Award Ms. Brooks explained Mr. Karageorge wanted to create an award for individuals who work and volunteer in the CRA district. Mr. Karageorge had a handout, which was provided to the members. He would like the Board to annually nominate individuals for the award and if there was no consensus, staff could make the selection. He would like to call the award the Gertrude Sullivan CRA award as she exemplified her desire to improve the Community Redevelopment Agency District, was very involved in the HOB, and worked on various citizen committees. Each member could write a nomination why that specific individual should be nominated and submit it at a Board meeting. The winner could receive a plaque or award from the Community Redevelopment Agency and have a photo opportunity with the Executive Director and Chair. A press release why they were selected could also be issued. He thought a plaque could be placed in the CRA office with plates for each year's winners. He would like nominations submitted in September and the winner selected in October and do this on an annual basis. He thought it was a good, cost effective way to send a positive message to the community and thank those for their service. He recalled several individuals who could be nominated. Vice Chair McCray commented something was already in place at Heritage Park in the HOB and every year someone was supposed to be nominated. He inquired if any other Community Redevelopment Agency Districts had this award. He suggested revisiting why names were not being placed at the Park instead of creating something new. Mr. Holzman and Chair Hay agreed. Chair Hay commented this should be revamped and the individual could be recognized at the MLK dinner. Staff also recognized individuals in the CRA newsletter. It was unknown who was responsible for the awards at Heritage Park. The ball was dropped and Mr. Karageorge had not seen a new name there in five years. He also felt 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 most names in Heritage Park were from District II and there was another half of the CRA that needed to be included. Much had occurred in the District III portion of the District and many individuals had contributed there as well. Mr. Holzman suggested instructing staff to see why the ball was dropped at Heritage Park and come back so the Board could decide what to do. Vice Chair McCray commented the intent with Heritage Park was for any citizen, not only District II citizens to be recognized. Mr. Buchanan suggested staff provide input on potential recipients because they interacted with many individuals the Board may not be aware of. B. Palm Beach County Business Development Board Gala Mr. Karageorge became aware of the event and had attended last year. He thought staff should work with the Development Board and have a presence and he acknowledged it was expensive. He suggested one Board member represent the Board and City. He proffered the Chair and his wife attend the event. Last year only three individuals from Boynton Beach attended in addition to the Dimensional Harmony Choir. The cost for the Chair and his wife was $500. Mr. Holzman favored paying for the Chair's ticket only. Ms. Ross received the information in the mail. The event would be held on September 8th. A table was $2,500. Motion Mr. Holzman moved to buy a ticket for the Chair for $250. Chair Hay commented he would not attend without his wife and he would not pay $250. Ms. Ross indicated she was deciding whether to go alone or with a guest. She commented she was amenable if the Chair wanted to take his wife. Ms. Brooks noted two tickets were purchased last year. The motion died for lack of a second. Motion Since it was done last year, Vice Chair McCray moved to purchase two tickets. Mr. Karageorge seconded the motion that unanimously passed. XIV. Executive Director's Report A. Project Status Update and HOB Investment Update There were no comments on this item. XV. Future Agenda Items: A. Executive Director Annual Review — September 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 Ms. Brooks reminded the members the budget meeting would be held on the 22nd at 6 p.m. at Intracoastal Park. A familiarization tour with 10 entertainment and food editors would be held on Thursday. The bus tour would stop at five select restaurants. The Sun Sentinel's Showtime insert would feature the Little House this Friday as a result of staff promoting the tour. Margee Walsh, Marketing Director, pointed out thirty invitations were sent, and 10 responses were received, which was phenomenal. She hoped this would be the first of several tours held and the City should receive much editorial coverage. On a different matter, Ms. Brooks commented her review was sent to the members and would be on the September agenda. It was due on the 24th Ms. Brooks commented a long meeting with the Chamber of Commerce and the City to discuss how to improve the City's image in the commercial arena was held. They discussed having a familiarization tour for commercial brokers in January and any City, Community Redevelopment Agency, Business Development Board and State incentives. It was an exciting meeting. XVI. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:06 p.m. 6eUzia-0(-0_ 611(UALf Catherine Cherry Recording Secretary 081621 14 B EAC H 1 RA CRA BOARD MEETING OF: September 11, 2012 1 Consent Agenda J Old Business 1 1 New Business 1 1 Legal 1 I Executive Director's Report SUBJECT: Sunday in the Park, October 7, 2012. SUMMARY: • On Sunday, October 7, 2012, the Boynton Beach CRA presents the Sunday in the Park Series with a live musical performance. • This FREE musical event will takes place in the park on the NE corner of E. Ocean Avenue and NE 4 Street. • Have Brunch or Lunch at Hurricane Alley or The Little House and enjoy the live music from 12:00 p.m. to 3:00 p.m. • Bring your folding chairs or blankets to sit at the park. • Ample FREE parking onsite. FISCAL IMPACT: CRA PLAN, PROGRAM OR PROJECT: Budgeted in line item 02.- 58500 -480. RECOMMENDATIONS /OPTIONS: , , Kathy Biscuit's Special EN, ents Director SCANNED OCT 15 2012 City Clerk's Office BOYNTONT .BEAC CRA BOARD MEETING OF: September 11, 2012 X Consent Agenda Old Business New Business I Public Hearing 1 Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending August 31, 2012 FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve August financials. 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FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS: Approve the purchase order report. Susan Harris j Finance Director T: AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings\September 20121Purchases Less Than $25,000.doc Boynton Beach CRA Purchase Order Report Month: August 2012 _ Vendor Amount Funding Source Description Sanson, Kline, Jacomino, Tandoc & Gamarra LLP $ 20,000 General Fund 01- 51420 -200 Audit Fee - FY 2011 -2012 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \September 2012 \Monthly Purchase Order Report • ,_ BOYNTON ,,, BEACH CRA CRA BOARD MEETING OF: September 11, 2012 X ' Consent Agenda 1 Old Business New Business 1 1 Legal 1 1 Executive Director's Report SUBJECT: Approval of Contract between Dee Dee Morrison and the CRA for Art on Ocean Avenue in the Amount of $10,000 SUMMARY: The CRA Board approved the Ocean Avenue Tree Art project in FY 11/12. The Arts Commission selected three artists to install art within major trees along Ocean Avenue. Attached is the contract for artist Dee Dee Morrison in the amount of $10,000. FISCAL IMPACT: $10,000 from FY 11/12 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the contract between the CRA and Dee Dee Morrison in the amount of $10,000 for art. Vivian L. Brooks Executive Director T:\AGENDAS CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \September 2012 \Tree Art Morrison.doc AGREEMENT THIS AGREEMENT, dated the day of 5 P Vrt 6 r , 2012, is by and between: Boynton Beach Community Redevelopment Agency, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "CRA ", and t Q e bee Nom` ,< � \ in hereinafter referred to as "ARTIST." CRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the City of Boynton Beach Public Art Ordinance 07 -002; and WHEREAS, CRA desires to obtain professional services from ARTIST for the creation of public art for Ocean Avenue "Specimen Trees" Public Art Project hereinafter referred to as Ocean Avenue STPA Project; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CRA with the services related to the Ocean Ave STPA Project in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design fabrication and installation proposal to implement the Ocean Avenue PA Project; and WHEREAS, the CRA desires to commission the ARTIST to create Ocean Ave STPA Project; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: Page 1 of 8 ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. ARTIST hereby agrees to create, fabricate and install Ocean Ave STPA Project described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The Ocean Ave STPA Project shall be located at such location within the CRA as designated by the CRA. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CRA, with full knowledge that CRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "VARA ". The CRA will not intentionally distort and/or modify the public art design phase 1, where the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The CRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the Ocean Avenue PA Project, in any manner the CRA sees fit. The CRA agrees not to sell the Ocean Avenue PA Project to a third -party for monetary gain. The CRA may transfer ownership of the Ocean Avenue PA Project to another governmental entity or to a not for profit corporation. 2.8. The CRA agrees to give the ARTIST full acknowledgement and credit as the creator of the Ocean Avenue PA Project. 2.9. The CRA agrees to provide the ARTIST access to CRA property, as a work site to prepare the public art elements for installation. Page 2 of 8 2.10. ARTIST may not hire or utilize the services of any sub - contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CRA. ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CRA as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The Ocean Avenue PA Project shall be produced to the CRA's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CRA is located. The CRA shall have the right to approve and/or reject the Ocean Avenue PA Project or any portion thereof. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". 3.4 The City of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the Ocean Ave STPA Project process. Project is estimate to begin September 12, 2012 with a completion date estimation of November 30, 2012. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. This Agreement may be terminated by the CRA for cause or convenience, upon ten (10) days written notice by the CRA to ARTIST. In the event that this agreement is terminated by the CRA for convenience, the CRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the CRA will be furnished to the CRA upon completion and /or termination of the Agreement, whichever occurs first. 4.3 The CRA's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. Page 3 of 8 ARTICLE 5 COMPENSATION 5.1. The CRA shall provide compensation and/or payments to the ARTIST at a deposit of 50% of project cost to begin project, % upon deliverables as described in attached proposal with the balance upon completion of a Ocean Ave STPA Project as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub - Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence /aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the CRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the CRA. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. Page 4 of 8 D. ARTIST shall furnish the CRA with a certificate of insurance after award has been made prior to the start of any work for the CRA. Said insurance companies must be authorized to do business in the State of Florida and the CRA will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The CRA reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CRA proof of such exemption along with a written request for CRA to exempt ARTIST, written on ARTIST's letterhead. 7.2. Independent Contractor. This Agreement does not create an employee /employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CRA's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CRA, State, or United States policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CRA, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CRA and the CRA will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and /or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CRA. However, this Agreement shall run to the CRA and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, Page 5 of 8 gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CRA designate the following as the respective places for giving of notice: CRA: Vivian Brooks, CRA Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida 33435 Telephone No. (561) 747 -3256 Facsimile No. (561) 747 -3258 Copy To: James A. Cherof, CRA Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771 -4500 Facsimile No. (954) 771 -4923 ARTIST: Telephone No. 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 6 of 8 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CRA and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights. After final acceptance of the artwork by the CRA, the following ARTIST' rights shall be guaranteed: • Maintenance of public artworks shall be the responsibility of the CRA or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. • Copyright of the artwork shall belong to the creator(s), but the CRA or developer or property association shall be granted the right to make two- dimensional reproductions for non- commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: WITNESSES: BY: By: Vivian Brooks Print Name: Executive Director By: Page 7 of 8 Print Name: COMPANY NAME By: By: Artist Print Name: By: By: Artist Print Name: • STATE OF ALABAMA ss: • COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2012. (Signature of Notary Public - State of Alabama) (Print, Type or Stamp Commission Name of Notary Public) Page 8 of 8 PC ki / J . 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Q1 a "O .� > 5 H w s CO .0 .0 2 'a � O � O w = • � i e Fi _ S 0 U a W re 7 H a :I n iii4 , - -‘ ,, n, 0 W Z 0 N M X 0 2 ..r \ C . ?S rt . �. r;► k."..,it ' ‘,.".,-.4 r D r �. _ . a!' ' ...a ay. . et if IC . Ali 1. wt 4 _, .!fir 0 3 BOYNTON BEACH CRA BOARD MEETING OF: September 11, 2012 X ' Consent Agenda Old Business New Business Legal Executive Director's Report SUBJECT: Approval of Contract between David Langley and the CRA for Art on Ocean Avenue in the Amount of $17,925 SUMMARY: The CRA Board approved the Ocean Avenue Tree Art project in FY 11/12. The Arts Commission selected three artists to install art within major trees along Ocean Avenue. Attached is the contract for artist David Langley in the amount of $17,925. FISCAL IMPACT: $17,925 from FY 11/12 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the contract between the CRA and David Langleyin the amount of $17,925 for art. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \September 2012 \Tree Art Chamness.doc AGREEMENT THIS AGREEMENT, dated the day of c_2(2 +C y yi a € {' , 2012, is by and between: Boynton Beach Community Redevelopment Agency, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "CRA ", and t/( D try 6 - ( in hereinafter referred to as "ARTIST." CRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the City of Boynton Beach Public Art Ordinance 07 -002; and WHEREAS, CRA desires to obtain professional services from ARTIST for the creation of public art for Ocean Avenue "Specimen Trees" Public Art Project hereinafter referred to as Ocean Avenue STPA Project; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CRA with the services related to the Ocean Ave STPA Project in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design fabrication and installation proposal to implement the Ocean Avenue PA Project; and WHEREAS, the CRA desires to commission the ARTIST to create Ocean Ave STPA Project; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: Page 1 of 8 ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. ARTIST hereby agrees to create, fabricate and install Ocean Ave STPA Project described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The Ocean Ave STPA Project shall be located at such location within the CRA as designated by the CRA. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CRA, with full knowledge that CRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "VARA ". The CRA will not intentionally distort and/or modify the public art design phase 1, where the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The CRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the Ocean Avenue PA Project, in any manner the CRA sees fit. The CRA agrees not to sell the Ocean Avenue PA Project to a third -party for monetary gain. The CRA may transfer ownership of the Ocean Avenue PA Project to another governmental entity or to a not for profit corporation. 2.8. The CRA agrees to give the ARTIST full acknowledgement and credit as the creator of the Ocean Avenue PA Project. 2.9. The CRA agrees to provide the ARTIST access to CRA property, as a work site to prepare the public art elements for installation. Page 2 of 8 2.10. ARTIST may not hire or utilize the services of any sub - contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CRA. ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CRA as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The Ocean Avenue PA Project shall be produced to the CRA's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CRA is located. The CRA shall have the right to approve and/or reject the Ocean Avenue PA Project or any portion thereof. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". 3.4 The City of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the Ocean Ave STPA Project process. Project is estimate to begin September 12, 2012 with a completion date estimation of November 30, 2012. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. This Agreement may be terminated by the CRA for cause or convenience, upon ten (10) days written notice by the CRA to ARTIST. In the event that this agreement is terminated by the CRA for convenience, the CRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the CRA will be furnished to the CRA upon completion and /or termination of the Agreement, whichever occurs first. 4.3 The CRA's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. Page 3 of 8 ARTICLE 5 COMPENSATION 5.1. The CRA shall provide compensation and/or payments to the ARTIST at a deposit of 50% of project cost to begin project, % upon deliverables as described in attached proposal with the balance upon completion of a Ocean Ave STPA Project as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub - Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence /aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the CRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the CRA. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. Page 4 of 8 D. ARTIST shall furnish the CRA with a certificate of insurance after award has been made prior to the start of any work for the CRA. Said insurance companies must be authorized to do business in the State of Florida and the CRA will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The CRA reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CRA proof of such exemption along with a written request for CRA to exempt ARTIST, written on ARTIST's letterhead. 7.2. Independent Contractor. This Agreement does not create an employee /employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CRA's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CRA, State, or United States policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CRA, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CRA and the CRA will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and /or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CRA. However, this Agreement shall run to the CRA and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, Page 5 of 8 gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CRA shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CRA designate the following as the respective places for giving of notice: CRA: Vivian Brooks, CRA Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida 33435 Telephone No. (561) 747 -3256 Facsimile No. (561) 747 -3258 Copy To: James A. Cherof, CRA Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771 -4500 Facsimile No. (954) 771 -4923 ARTIST: Telephone No. 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 6 of 8 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CRA and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 7.15 Usage Rights. After final acceptance of the artwork by the CRA, the following ARTIST' rights shall be guaranteed: • Maintenance of public artworks shall be the responsibility of the CRA or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. • Copyright of the artwork shall belong to the creator(s), but the CRA or developer or property association shall be granted the right to make two - dimensional reproductions for non- commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: WITNESSES: BY: By: Vivian Brooks Print Name: Executive Director By: Page 7 of 8 Print Name: COMPANY NAME By: By: Artist Print Name: By: By: Artist Print Name: STATE OF FLORIDA : : ss: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2012. (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commission Name of Notary Public) Page 8 of 8 • 7+ 0 .6; ( 6 . r SPECIMEN TREE PROPOSAL FOR BUTTERFLIES AND GLOW ORBS 8 -21 -2012 BUTTERFLIES 1. Butterfly sculptures (painted aluminum) 32 "to 34" wingspan 2. Bearing housing adapter (aluminum connection to bracket system) Each spinning butterfly is $1,650.00 x (5 pieces)* = $8,250.00 GLOW ORBS 1. Clear Lexan Spheres 14" to 16" diameters = $250.00 2. Related hardware: bolts, silicone, and acrylic rods. Lexan adhesive glue = $20.00 3. Hand blown glass orb sculpture each one original design = $500.00 4. LED light strips (waterproof) rated 45,000 hrs. 5' in each orb = $90.00 5. Flange harness connector (connects orbs to bracket system) = $100.00 6. Related hardware (nuts and bolts, s.s. cable and "X" hook) = $50.00 EACH ITEM ABOVE x (8 pieces)* = $8,080.00 Total for (12 pieces)* = $ 16,330.00* 2 control boxes for lights $ 300.00 Total $ 16,630.00 7. Two Power supply box (transforms 110v to low voltage) = $300.00 (provided by electrician) 8. Two Control box (programmable for 7 colors and 4 effects) = $300.00* 9. Four Weatherproof boxes, pipe, hardware (to protect 7. and 8.) = $200.00 (provided by electrician) Combined 7. 8. And 9. = $800.00 Installation will require renting a 40' drivable bucket lift for one day. $295 per day plus $200 for drop off and pick up fee = $495.00. *Actual number of individual pieces could be less then 16 but not more than 16, based on: 1. Sufficient space available to suspend sculptures so they are clearly visible primarily from the street. 2. Availability of tree limbs that are of good health, strength, elevation and size. 3. Easily accessible bracket locations to install from bucket lift. PAYMENT PLAN 50% to start fabrication and buy materials. 25% when have all work complete and ready to install. Photos of work to verify. 25% final payment at completion of installation. _. , ...." • • . 44 % I it • I • .. # / di• .• SAA ,... .... 1 . • in • I t• I*41 • • If 41111141 • -• si. Boynton Beach: Where butterflies float on sunny breezes through the trees, and Gulf Stream marine life glows admist nocturnal seas. David Langley ... .. , # °It Ai.. i ill t', * 0 0114(4 • 40 I 1 • 0 r 1 ) 4 , , 4 % 4 sk . Iv 0 4,71). WARRANTY The LED light strip is rated for 40,000 to 50,000 hours of use, I used for 6 hours a night, and it will last about 18 years. The other electronics should last nearly the same, as they will be sealed in weather tight protective boxes to eliminate water intrusion. The butterflies will not rust or crack over time because they are aluminum. The automotive paint finish will last as long as a cars paint job parked primarily under shade at least 85% of the time, which should beat least 10 years before any noticeable fading. The spinning bearing mechanism will last for at least 5 years because they are sealed form the elements and moisture. The lexan spheres will not yellow or fog or cloud or crack especially being only partly exposed to direct UV rays which is very UV resistant anyway for at least 5 years. The blown glass shapes inside are completely impervious to sunlight damage of any kind indefinitely. s_�,s . Ai F� i70, Y _, . r Y 0 w -fir '' a )4,..1_:. ...'. _ . ^ \ -- .3:-%,` {`. X 8 3 � a • f ys Y' I. , ' _ • fr, . ` ■ - .. y : r J AA * ,, t' "" . . V h.,. r _ - '•, - ' ' pis . 'i d .. Iiiii ..., • , P, ,r qq - ' ; .: :. : ', „ 6 ., ' ., A ‘4 ik lir , . i ..* i i . , j } } ` 4, s.. 4,. ill �. ,' r •`r ,. r'. , 111 ' ; i '« - 1 Irar 4 - ..w. ..461.11111110 - Power needs for Civic Center Banyan Trees LED only require 100 watts per tree and that either both the control box and the power supply box could be at the base of the tree on the ground next to the 110volt junction box or, we could put just the controller box up in the tree, either set up will work it will just require the electrician to use the correct guage wire according to the distance. Each foot of LED Tight strip uses 4.5 watts, I will have four separate lines of 4' LED strips = 16' of LED x 4.5watts = 72 watts. So I will have a 100 watt power supply box going from the 110volt junction box. So 100 watts is the power needed for each entire tree setup. L Ph /5 Sol (`) y'LEb.st *OS 'Vol l/, vale L0 � �' O� f\p l 1 JJr c �iar ,ct#41 -5 l/Jd Y liool fir' S m 41.c\. c a I h o� Li yf� At n �� caw vat-16e . I Pa s *Ice MA ,ae. - plu6 , 7 pefwecn 0 F/ igg 6 F 44 • .-._ ilLee \1 - Limo) ‘,‘,\..., \\ p..41 iv y - % \*.\ -1.. a ve�l 1 & � � � ,- .. vo 4 Ap) LaW YciI1i , ,:e .:11 ) , ; SI le f B ' 1 . cspI 'C - 1 SlDe view , Nall GIAss • 1C - J/( .SU/ /o ‘ it ' oR '0" � - e . Po' - F F4 hi 1rtil e (i() tioH t. L Fps r* X Y L:NS 1 0 Tic /(v X _"/'5w11if —7d w411r will VSP 10 wgli PoI+, �liffiy I -loot c PL. p7 BOYNTO N BE RA CRA BOARD MEETING OF: September 11, 2012 X Consent Agenda Old Business New Business Legal Executive Director's Report SUBJECT: Approval of Contract between Jo Chamness and the CRA for Art on Ocean Avenue in the Amount of $10,000 SUMMARY: The CRA Board approved the Ocean Avenue Tree Art project in FY 11/12. The Arts Commission selected three artists to install art within major trees along Ocean Avenue. Attached is the contract for artist Jo Chamness in the amount of $10,000. FISCAL IMPACT: $10,000 from FY 11/12 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Approve the contract between the CRA and Jo Chamness in the amount of $10,000 for art. Vivia . Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting\FY 2011 - 2012 Board Meetings \September 2012 \Tree Art Chamness.doc AGREEMENT THIS AGREEMENT, dated the day of ±Q/1'vt GJ e r , 2012, is by and between: Boynton Beach Community Redevelopment Agency, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as "CRA ", and �p 1 '1� YYl e S S in hereinafter referred to as "ARTIST." CRA and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CRA and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the City of Boynton Beach Public Art Ordinance 07 -002; and WHEREAS, CRA desires to obtain professional services from ARTIST for the creation of public art for Ocean Avenue "Specimen Trees" Public Art Project hereinafter referred to as Ocean Avenue STPA Project; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CRA with the services related to the Ocean Ave STPA Project in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art design fabrication and installation proposal to implement the Ocean Avenue PA Project; and WHEREAS, the CRA desires to commission the ARTIST to create Ocean Ave STPA Project; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: Page 1 of 8 ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AN RESPONSIBILITIES 2.1. ARTIST hereby agrees to create, fabricate and install Ocean Ave STPA Project described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The Ocean Ave STPA Project shall be located at such location within the CRA as designated by the CRA. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CRA, with full knowledge that CRA is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art design phase 1, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CRA recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "VARA ". The CRA will not intentionally distort and /or modify the public art design phase 1, where the modification or distortion would prejudice the ARTIST'S honor or reputation. 2.7. The CRA is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the Ocean Avenue PA Project, in any manner the CRA sees fit. The CRA agrees not to sell the Ocean Avenue PA Project to a third -party for monetary gain. The CRA may transfer ownership of the Ocean Avenue PA Project to another governmental entity or to a not for profit corporation. 2.8. The CRA agrees to give the ARTIST full acknowledgement and credit as the creator of the Ocean Avenue PA Project. 2.9. The CRA agrees to provide the ARTIST access to CRA property, as a work site to prepare the public art elements for installation. Page 2 of 8 2.10. ARTIST may not hire or utilize the services of any sub - contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CRA. ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CRA as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The Ocean Avenue PA Project shall be produced to the CRA's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CRA is located. The CRA shall have the right to approve and/or reject the Ocean Avenue PA Project or any portion thereof. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". 3.4 The City of Boynton Beach Public Art Administrator will facilitate the project and from time to time document the Ocean Ave STPA Project process. Project is estimate to begin September 12, 2012 with a completion date estimation of November 30, 2012. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. This Agreement may be terminated by the CRA for cause or convenience, upon ten (10) days written notice by the CRA to ARTIST. In the event that this agreement is terminated by the CRA for convenience, the CRA agrees to compensate the ARTIST for all completed work. Should the ARTIST abandon this Agreement or cause it to be terminated, ARTIST shall indemnify the CRA against any loss pertaining to this termination. 4.3. All documents, plans, work products, materials, equipment and tools belonging to the CRA will be furnished to the CRA upon completion and /or termination of the Agreement, whichever occurs first. 4.3 The CRA's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. Page 3 of 8 ARTICLE 5 COMPENSATION 5.1. The CRA shall provide compensation and/or payments to the ARTIST at a deposit of 50% of project cost to begin project, % upon deliverables as described in attached proposal with the balance upon completion of a Ocean Ave STPA Project as set forth in the Proposal for the Ocean Avenue PA Project dated August 21, 2012, a copy of which is attached hereto as Exhibit "A ". ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CRA or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CRA and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub - Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence /aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the CRA of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the CRA. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. Page 4 of 8 L k , 13c 'p Cost Breakdown Specimen Tree Project Jo Chamness 561 - 746 -0922 Materials- Average Material cost per Fish $ 730.00 /per fish Copper sheet Copper tubing, misc copper components Stained Glass, Copper tape Glass Eye material, Glass marbles Solder, Welding Rods, Flux Stainless Steel & Hardware Cleaning Chemicals & Supplies Finishing Products & Supplies Air Brushing Paints & Supplies Misc Supplies- tools, weld gases, etc Time & Labor- Per Fish 35 -45 hrs per fish $ 750.00 /per fish Prep Time- layout Copper- clean, cut, shape, hammer Copper Tubing- cut, shaped Glass- clean, cut, wrapped, soldered Welding- Copper Frame, copper sheet to frame, fins Glass- Layout Formed to shape of fish body Glass soldered together, then into frame Washing & Cleaning between each step of the process Making of Large Eyes & Kiln Time Assembly of all parts, including eyes and accents Painting- layout, taping, airbrushing Final coating on piece Cost per Fish $1480.00 Construction total for Five Fish $7400.00 Installation - Labor- % Day to Hang, included in construction cost above Equipment Rental- Lift or Bucket Truck $ 300.00 Hanging System- $500.00/ fish $2500.00 as designed by David Langley Total Install Cost $2800.00 Total Cost of Project for 5 Copper & Stained Glass Fish $10200.00 Adjustment for Budget - $200.00 $10000.00 Deposit of 50% due upon acceptance of proposal. Balance due upon completion. Construction Details Jo Chamness 561 - 746 -0922 561- 635 -3148 Each Fish will be constructed in basically the same manner. The frame of the fish will be made from %" copper tubing. Braces and reinforcements will be made from %2" and %" copper tubing. The tubing will be shaped and then welded together using copper welding rods. There will be an internal Stainless Steel Bracket that will attach to the Hanging System. The bracket will be made from 316 stainless steel threaded rod, %2 thick and flat stainless rod connecting the two vertical threaded rods. The threaded rod will pass through the copper frame. On the bottom edge will be washer, nut and cap; hidden within a fin, whenever possible. At the top, the threaded rod will go through the copper frame and into a stainless steel clevis bracket that will attach to the hanging system. The Hanging System being used is the one being designed by Artist David Langley and his team, specifically for this project. The shell of each fish will be covered with a combination of stained glass and copper sheeting. The stained glass sections will consist of small squares of glass approximately 1 " -2" in size, soldered together in an "open" mosaic pattern. The copper sheeting will be hammered and shaped and welded onto the frame. The glass sections are then soldered into the openings in the copper sheeting using an industrial grade solder. Details on the fish, such as the eyes, spots or stripes would be done with glass or glass marbles whenever appropriate. The copper shell sections will then be painted with Automotive Airbrush Paints. They will be painted to resemble the enclosed photos of the different fish. Lastly the entire fish will be coated in an Oil Based Exterior Coating. The fish will be 3 dimensional and finished on all sides, top and bottom. IC \k ost\ ... 1 ,. ' l 4 .x i F . I 41,4k,\,. _A • Alli 11 1:• SO rite el i ij J • ' al j I • 1 4 - it... g ` P y y • K i. Grouper Lenght- 43" height - with Fins- 23" ;�; width- 6" Weight- 35 lbs ***weights and sizes are approximate*** Brief Description - Body will be a combination of Glass and Copper Sheet. The Copper sections will be painted Burgundy with shades of silvery whites and pinks. The Glass sections will be done with Opalized Stained Glass, in shades of burgundy, pink and white. Accents include white marble spots down the sides and large glass eyes. m , .• n, , 1 - .,. .... . r , dr „..f A .7 „ , I 14, H - * 4 4 e ( k. i ?" to / 4 t - 4‘ 4. " t: 4' • .. 44 .,* . Or — IN - , . _ .., ,... '`., t • .,0 ' • 4, - ' * 1,0 • • .' • *.. . .0. 4 , .. 6 . 1:73. ,7* :, 0,. , . ' ' •N AV is. ..,..." . - ,, . ..... 1 1 - .... .... , ,,... ,,,),■ --7,.... , ....,, . ...... 1 7. , . • 01. *4 * * .1i, / 1 ". it .0, 400,71 r. • 40114; Ill ft . il %. f "44 •• o• * / • e r II. • ' * Ale f . ., ,.. Ar •• •,, . e 0 I 1 . A , •It i , if Snook Lenght- 38" height- 8 ", with Fins- 14" width- 4.5" Weight- 25 lbs ***weights and sizes are approximate*** Brief Description - Body will be a combination of Glass and Copper Sheet. The copper sections will be painted in Silver with shades of browns, greens, and yellows. The lower Glass section will be done with Silvercoat Stained Glass, which resembles a mirror and will reflect the light and the surroundings. Accents include the signature black stripe down the side and a large glass eye. / 00, F /4 - it • • .)14# * • # ) 41 * 41 * 1 • • • 4# 4 , .;■■ • ;I: f ,,A0 lt 11 I, AI A Or *05 46 Lemon Shark Length- 55" Height - with Fins- 25" Width- 7" Weight- 38 lbs ** *weights and sizes are approximate` ** Brief Description - Body will be made completely of Copper Sheet. The sheet will give the smooth shiny appearance of Shark skin. The top section of the shark will be painted Bright Yellow, graduating into Bright Silvery White as you move down the body. Accents include large glass eyes. • • , • < y, ■ f .44,106 I 41$' 411111 , •., ,..- ., r ,111,1101 5).1-iikkilitire ,.." . . Ili / 0111*,, e , ,.. ..1k , _4 . ,. .4 °it . y i,, - ,, , ' ' ' _,- • ',... - 4 , • . i v . +P 1. r f i It N °• `t '..' i y 4 .'. w ! iii+►, , i .„.......,,,-.. 4 ___ .... , �._: ' 1 .. .... 0 ,, .. „..,. .. .t.....„,, .... „...„ ^I, ......... . . .4.‘44.111. k k i A a 1 i 1 ; yc - "it s aphimiliN . ,, , , it °••• it r1►� •i . . ` :. ' ` ` s • 4 .r• r. ` k ..,. , f . ... - 1400s. t Erg I •- .Proposal Jo Chamness Auaust 21 2012 ■ V) 1 - - "C) 0 0 C a a) N a) co 2 3 0" a) N O (1) O a) u - 6 O 5 C C C C �: C 'O 0 ._; _� ` E -E 'C 7 a) • t/) E -80 C a) O 0 -8 O7 N N .' r ..1 (D 4) cd N C O C C O O C '� a) CI a) > -- C 2 2 U E 2 ca O7 LL � .L 'C le OIL - .O '( N 2 w - 2 0 m m a) o a) a) a) o m a) c) 23 a) m = a) . 17 . 3 - 0 --c aw 3 3 O p o r 3 a) E. o Q o o u) - ) (1) ? o c 0 . 0 a) 2.= m o (/) U m = a) = O Fp- Y E a a) a) C en CC N w2 �� �aN O Q) d ' m J 1 N — O Z W co 2 a. 2 0 0 �Q `) `O o o �' i Ii. 1-0‘- -p U 7 N a N co 0 p W C a CJ -CD o U 92 0 N C LL (6 (� N m r m ca O J ) Co C u) E J� 0 N v a a E E E E w N N N N N r tu O O O i.0 N N N O N O N CC O Q Cfl ti ` r a0 c Ca Y (0 co a) O N (d m r C a) Na a) ) ` ° E > C S.. a) a) •'d L c j O a) N •� L O of -0 'O a) E a) 0) a) Q to -0 E to i s w w O C ' O O Y L a`) c C 0 0 .� _c .� O L D Q ° . � 3 O C Cl- a) ca Ca • • 0) Ca .0 a) Z L a) •) c 0 y c U c c 2 o a o� - cn a Q a` )) a) Q 0 a 15 a .D • O — Q > 0 O m 0 (B O L L D E O U O C U C a) O C C >, to LL O c 0 m N O_ c 0 U >, 0 c N c E 0 0 0> r m O O c • c a c ) c E uu a) Y-o ;- C _ _o U a) C c a a � ) i a. E( c v c o a) Q o ca (o O a) c N c L Y O _c N d a) o. L E -c a E 0 0 a) N LL U) ,C > E u) >, O N L in 0 a) L O a) c p 0 N r 4- (a L _c = L w N 0 N a) 0) CO a. O E 0 t6 N c _ O 0 C C O)LL L c C c - 0 W O ID C c 0 ca >+ m '-) O m E E 0 uJ W a) c 0 L d CV N N O c) O N ti ii) N co Page 1 of 1 Utterback, Theresa From: Mermaid669 @aol.com Sent: Friday, August 10, 2012 12:22 PM To: SVana @pbcgov.org Cc: KMarcus @pbcgov.org; BAARONSO @pbcgov.org; pburdick @pbcgov.org; jsantama @pbcgov.org; SAbrams @pbcgov.org; ptaylor @pbcgov.org; Hay, Woodrow; McCray, Mack; Ross, Marlene; Holzman, Steven; Buchanan, James; Karageorge, Mark; Brooks, Vivian; Simon, Michael; Utterback, Theresa Subject: Splashdown Divers Dive Shop To whom it may concern: My name is Beth Dreiker. I am a registered nursed and a certified scuba diver. I have been diving for 20 years. I am very disappointed that you chose to force Splashdown Divers out of the Boynton Beach marina. Splashdown Divers served the needs of many of the visitors to the Boynton Beach marina. They served the needs of the Sea Mist customers as well as the needs of the customers from the other dive boats. Splashdown Divers also served the needs of the other merchants in the marina. The fact that the business was in the marina made sure that scuba divers from all of the other merchants would always be safe. There were many times that customers from other merchants would come running into Splashdown divers to have emergency repairs made to their dive gear so that could SAFELY continue with their dive plan. Splashdown divers also served the need of many disabled divers. There were many divers with back and leg injuries (such as myself) that used Splashdown divers as the location of the dive shop to the boat was a short distance to the dock and made it easy for the divers to access. I think it is a travesty that you did not consider how difficult you have made it for divers with a disability to be able to access a dive shop that is so close to the dive boat and dock. I think that you should be ashamed at the actions that you have taken and ashamed at the damage that you have caused this business. I don't understand why you are seeming to destroy this long established business. I'm sincerely hoping it is not because of selfish intentions!! I would like you to immediately consider your actions and allow Splashdown Divers to re- occupy their former location. I would appreciate a response from you as soon as possible. Thank you for your time. Beth Dreiker Page 1 of 2 Utterback, Theresa From: Simon, Michael Sent: Thursday, August 16, 2012 9:10 AM To: Utterback, Theresa Subject: FW: 8/14/2012 CRA Meeting Hello Theresa: Can you please place these emails comment log. Respectfully, Michael Simon Development Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 Of 561- 737 -3256 ext. 206 Fax: 561- 737 -3258 simonm(a,,bbfl.us From: Ross, Marlene Sent: Thursday, August 16, 2012 7:15 AM To: brianjfitzpatrick @comcast.net Cc: Brooks, Vivian; Simon, Michael Subject: Re: 8/14/2012 CRA Meeting Hello, Mr. Fitzpatrick. I appreciate all of your comments very much. I'm pleased because the dialogue about these important issues seemed to go very well. I asked Mike Simon the specific questions because I'm familiar with his impressive experience and extensive knowledge about the long -term redevelopment scenario in the City of Delray Beach. Much of the information that was shared on Tuesday night could be very helpful to our community. Thank you. Marlene Sent via BlackBerry by AT &T From: brianjfitzpatrick @comcast.net Date: Wed, 15 Aug 2012 17:03:27 +0000 (UTC) To: <hayw @bbfl.us >; <rossm @bbfl.us >; <buchanan @bbfl.us >; <karageorgem @bbfl.us >; <BrooksVi @bbfl.us >; Steven Holzman <holzmans @bbfl.us >; Mack McCray <McCrayM @bbfl.us> Cc: Michael Simon <SimonM @bbfl.us> Subject: 8/14/2012 CRA Meeting Thank You for listening to my concerns at the meeting last night. I did notice reluctance of some board members to remove the benches on Ocean Ave and wanted to share a recent experience I had attempting to help homeless Veterans . Being in the residential rental business, I worked with a representative from the Veterans Administration to get two homeless Vets off the streets. Unfortunately, these men have severe Page 2 of 2 substance abuse problems that are somewhat suppressed while they are homeless. While the VA's program is admirable in it's hope to house the homeless Vets, it's lacking in an effort to cure the underlying substance abuse problems. Most of these individuals don't really want to accept the help that would require severe lifestyle changes. Remember the old saying: You can lead a horse to water, but you can't make him drink. As a taxpayer, I would not want the city of Boynton Beach to accept responsibility for treating substance abuse issues. There are many programs already available. At most, steer these individuals to these programs. Michael Simon appears to have a very good understanding of the homeless issue from his experience with the Delray Beach CRA. Please Listen to his suggestions . Thanks, Brian Fitzpatrick Page 1 of 3 Utterback, Theresa From: Walsh, Margee Sent: Friday, August 17, 2012 1:47 PM To: Brooks, Vivian Cc: Biscuiti, Kathy; Utterback, Theresa Subject: FAM Tour feedback Viv....wanted to share some of the positive feedback we are receiving about the FAM Tour: Dear Margee, Thank you so much for including me in your wonderful occasion shared last evening in amazing Boynton Beach! I enjoyed spending time with you and so many media friends. Keep inviting me over... I look forward to more joint projects as we move into Season 2012 -13! Laura Tingo Public Relations Coordinator Cultural Council of Palm Beach County 601 Lake Avenue Lake Worth, FL 33460 And Phyllis Maas emailed the following comments: The following are comments I received throughout the evening that I wanted to share with you for the record. 1. Leslie Streeter (Palm Beach Post) stated with all of the events and tours she has been on in her career, she has never been on one so well organized and orchestrated. The Trolley was a fabulous idea as it kept everyone together without the worry of driving around. She and her husband will be returning to Sweetwater to truly experience the establishment. They thought the pizza was fabulous and want to explore the bar. 2. Jan Norris — (former Palm Beach Post Food Editor, now food writer at the Coastal Star) stated she enjoyed the entire experience and the variety of establishments we scheduled. She had no idea that Boynton Beach had so many wonderful places to dine. She indicated you will be receiving a ton of press coverage from this. From: Phyllis Maas [mailto:pmaas ©maasmedia.com] Sent: Friday, August 17, 2012 12:28 PM To: Walsh, Margee; Biscuiti, Kathy Subject: FW: Tingo note Nice note from Laura. I'm sure she wrote to you as well. The following are the comments 1 received throughout the evening that I wanted to share with you for the record. 3. Leslie Streeter stated with all of the events and tours she has been on in her career she has never been on one so well organized and orchestrated. The Trolley was a fabulous idea as it kept everyone together without the worry of driving around. She and her husband will be returning the Sweetwater to truly experience the establishment. They thought the pizza was Page 2 of 3 fabulous and want to explore the bar. 4. Jan Norris — stated she enjoyed the entire experience and the variety of establishments we scheduled. She had no idea that Boynton Beach had so many wonderful places to dine. She indicated you will be receiving a ton of press coverage from this. Hope all is well today. Please let us know any feedback you receive as well as we would like to keep it with your file. We will monitor any articles and hope you will keep us informed as well. Please let me know what time we can meet Monday or Tuesday to just recap and move forward. Have a relaxing weekend and again, thank you for working with MaasMedia on your first Foodie FAM Tour. My best, Phyllis Maas Media Phyllis L. Maas 1860 Forest Hill Blvd. Suite 204 West Palm Beach, FL 33406 5614334334 ext. 101 Fax: 561 -433 -1809 maasmedia.com From: Laura Tingo [ mailto :LTingo @palmbeachculture.com] Sent: Friday, August 17, 2012 11:55 AM To: pmaas @maasmedia.com Subject: Tingo note So nice spending time with you yesterday... I am looking forward to more time in Boynton after yesterday's visit. Great town! And.. you did such a nice job of showcasing it for all of us. Thank you. Laura Tingo Public Relations Coordinator Cultural Council of Palm Beach County 601 Lake Avenue Lake Worth, FL 33460 PH: 561.471.1602 PalmBeachCulture.com CULTURAL COUNCIL 1 D of Pal+-. teach cooky Page 3 of 3 NE THE NEW FACE OF CULTURE N A M IN PALM BEACH COUNTY Page 1 of 2 Utterback, Theresa From: Walsh, Margee Sent: Friday, August 17, 2012 4:26 PM To: Biscuiti, Kathy; 'Phyllis Maas' Cc: Brooks, Vivian; Utterback, Theresa Subject: FW: Thank you! Jan Engoren writes for the Boynton Forum: From: Jan Engoren [mailto:jengoren @ hotmail.com] Sent: Friday, August 17, 2012 3:56 PM To: Walsh, Margee Subject: Thank you! Hi Margee, Had a great time last night - you guys did a wonderful job with being the hostesses with the mostesses ! Food and company were both fantastic ...I ate way too much, but enjoyed myself, nevertheless! I'm sure we'll be speaking soon on future Forum articles and if you have anything newsworthy, please do not hesitate to call. Thanks again, Margee, and have a good weekend! Jan Subject: RE: Media Tour Date: Fri, 10 Aug 2012 15:38:47 -0400 From: WalshM @bbfl.us To: jengoren @hotmail.com CC: BrooksVi @bbfl.us Hi Jan and welcome to Boynton! The August 16 Foodie FAM Tour will be a lot of fun and a great way to visit some of the downtown restaurants everyone is talking about! The trolley will be picking us up at the CRA office and departing at 5:00 p.m. Thanks very much and I look forward to meeting you. Best regards, Margee PS I attached a press release covering some of the renovations taking place at the Boynton Harbor Marina. If you haven't been down there, put it on your list — great place to stroll around and grab a bite to eat on the waterfront. www.bovntonharbormarina.com. Page 2 of 2 From: Jan Engoren [mailto:jengoren @hotmail.com] Sent: Friday, August 10, 2012 2:36 PM To: Walsh, Margee Subject: Media Tour Hi Margee, I received your invite from my editor, Kari Barnett, at the Boynton Forum. I am the new local reporter for the Boynton paper and would love to come and see all the new and exciting things happening in downtown Boynton. Thanks and looking forward to meeting you in person, Jan Engoren Tel: (561) 302 -6402 0 4-1 v -0 0 �o Hv� .? a ✓ • v 0 -H 3 vi O 0 .0 0 v • H t ( n • E CO 0) E m,4 N 3 0 d Av 'd 4-1 v 0 v 0 (0 0 - H 4 trl r1 O 4 0 0 0 1) >. •r-i -ry 01 3 4 0 > 1J -1 4-5 Q) = ni w m •ri 1- v - vrf m>. 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L d o 7 I 1-4 v o U m [.' -ri 0 • CO • LL CO F- fn Cz u) H U ul H U >. • • H ire i CO _ } j / `\ \ \ j .{ (\ E ) 04 § / k \ 0 \ / \ o / \ � jJ \ \ \\ u 4 j/ 2/ ,Q / c . • \ § k % /\ \ ©® j .i • 4-) \ _ \ � /® m Cr) Q » z -H /§ qt w jj j\ = w \\ (1) ® -H e E / / / § \ \ 2 § .H » = o • 4-) a) -H / 7 0 /` ® .0 \/ 4- TS \ \ \ • e m 0 , m ( / \ \ e o ® 2 \� E e 4 w o - H / \ 0 (1) \\ a) `n // (1-4 \ � \ m o 3% § J \j BOYNTON =BEACH CRA BOARD MEETING OF: September 11, 2012 1 1 Consent Agenda 1 1 Old Business I I New Business I I Legal I 1 Executive Director's Report SUBJECT: Business Newsletter SUMMARY: • Created Business Newsletter that highlights the economic development grants awarded in FY 11- 12, upcoming grant opportunities, and new businesses that have relocated into the district. The newsletter was distributed in utility bills (approx. 30,000) and will be updated quarterly. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Information Only 4 61 -PLIA •, Heather English, Economic evelopment . / • i ' . 7 253/tterZA , 1' (�� • R 7 Your Neighborhood Business News GO OUT! ILl Volume 1, Issue 1 Summer 2012 , ...r, PLAZA l Business Grant Recipients! p SPOTLIGHT! Between October 2011 and July 2012, 30 grants were awarded to 21 businesses in the amount of - Sunshine Square $357,200. These business owners invested more located at Woolbright Road & than $679,000 in starting or expanding their � 4a� South Federal Highway, celebrated business in downtown Boynton Beach! vot their new look with Sunshine Fun For information on commercial programs and Day on Saturday, August 4. This grants offered by the CRA, visit _'S was just two days after Publix www.boyntonbeachcra.com/ businesses unveiled their new 54,000 square or call 561 - 737 -3256 x 216. foot store. Splashdown Divers, Inc. Gentle Dental Group 640 E. Ocean Avenue, #13 & 14 556 Woolbright Road, #552B 416 Boynton, LLC Discovery Business Services, Inc. 416 E. Boynton Beach Blvd. 1260 S. Federal Highway, Ste. 202 Palm Orthopaedic Institute, Inc. We Care 4 U, Inc. • • 638 E. Ocean Avenue 640 E. Ocean Avenue, Ste. 18 RCI- Painting & Waterproofing Sea Mist 111 630 Industrial Avenue #1 Boynton Harbor Marina Cuthill's Backyard Businesses include: Boynton Diner, Touch of Colors, Inc. y Pet Supermarket, Pizza Hut, Gentle 630 Industrial Avenue #4 511 NE 4th Street Dental, DIY Frozen Yogurt, Hair Hurricane Alley 640 Ocean Plaza Design Institute, Crown Liquor & 529 E. Ocean Avenue 640 E. Ocean Avenue Spirits, The Zoo Healthclub, AT &T DIY Frozen Yogurt Bad Ragaz Halle & Biergarten Store, Subway, Supercuts, Genesis 524 E. Woolbright Rd 1417 S. Federal Highway, # 2 Health Center, Gentleman's Choice GPS PEO, Inc. Rustic Retreat Barber Shop, Postal & Gifts Center, 1100 S. Federal Highway, #4 1120 N. Federal Highway H &R Block, Eye & Ear Sales, Fancy Subway Headquarters Nails Salon, One Price Cleaners, Debt Relief Law Center of PBC y Bank of America, Chinatown 1080 S. Federal Highway 420 W. Boynton Beach Blvd Chinese Take -out, and Boynton Easy Pay Tire Stores, Inc. - Goodyear Cuthill's Backyard LLC Beach Medical Group. 619 N. Federal Highway 511 NE 4th Street Coming Soon! The Carly Corporation Dunkin Donuts Tijuana Flats, Panera Bread 802 N. Federal Highway 3701 S. Federal Highway and Smashburger. ,__..- u,.-.. -., r,,.,,..,.,,,,,,t., D or{n.snlr r mcnt Aaanry ■ . _ - TO DO LIST. t 1 01 : ' ''''', e i . liFir � ' Sign up for email updates at www.bo ntonbeachcra.com ; . r • Like us on Facebook \‘ %...,: www facebook com /aa es r ,r = Bo nton- Beach - CRA c. Follow us on Twitter if = ww 6111 „ a ' k ' Rick, Thanks forthe amazing lesson tod 3.! A): I'm hooked! 1 never thought s klutz like me �" could stand up & actually do this. Great fun. = Scott Triehart, Lake Worth '° - ;' w to Rick Raymond, Palm each Paddle Welcome to the Neighborhood! 4 . Oak aV Business of the Month New businesses are popping up all over downtown Boynton Beach. Here are just a few.... If you own a business in the district and would like it highlighted as Business of the Month, please email the • Like New Consignment Boutique, 1120 S. Federal Highway following to englishh @bbfl.us: name, address, phone, website, 2 -3 sentences (what you do, # of years in • God Bless Fashion Plus, 544 Gateway Boulevard #5 business, customer testimonial, etc.) and 3 photos. • Rothman Family Chiropractic, 112 S. Federal Highway #2 • Boynton Beach Florist, 640 E. Ocean Avenue #3 Programs & Grants • Palm Beach Paddle, 640 E. Ocean Avenue #21 The CRA offers programs to assist business owners who 41 " Bring this newsletter for a 25% discount on a One Hour Rental are starting a new business or expanding their existing • Club 23 Wellness & Nutrition, 640 E. Ocean Avenue #23 business within the district. • Bun Bun Jamaican Cafe, 412 E. Ocean Avenue Funding begins October 1 and is given on a first come, • The Backyard, 511 NE 4th Street first serve basis. Application, including guidelines, will be available at www.boyntonbeachcra.com /businesses. ` Oh My Shoes, 1856 N. Federal Highway . • Gold Coast Down Syndrome Organization, 915 S. Federal Highway General Inquiries: Heather English, • Seabourn Cove Rentals, 3501 S. Federal Highway englishh @bbfl.us or 561- 737 -3256 x219. Programs & Grants: Theresa Utterback, • Fiddler Roof Cleaning, 630 Industrial Avenue #1 utterbackt @bbfl.us or 561-737-3256 x216. Mention this newsletter for 1O% off your roof cleaning BOYNTON cA =BEACH MEMO TO: Lori LaVerriere, Interim City Manager CC: Susan Harris, CRA Finance Director FROM: Vivian Brooks, CRA Executive Director 7 1 13 DATE: August 27, 2012 RE: Boynton Beach Blvd. Extension /Promenade Extension and July 4th Event Lori, at the CRA Board's recent budget meeting, Wednesday, August 22, 2012, the Board voted on two issues that could impact the City's general fund for next fiscal year. First, the Board voted to rescind the ILA between the CRA and the City for the maintenance of the Boynton Beach Blvd. extension and Promenade area. The Board found that the ILA was not consistent with the underlying CRA State Statute that explicitly does not allow the use of CRA funds for general government operating expenses. Attached is a sheet showing expenses for this City -owned area from the time of construction to 2012 YTD. Secondly, the CRA Board voted to discontinue conducting and paying for the July 4 Salute to Independence event. In the past the City conducted this event. Then in fiscal years 05/06 — 06/07 the City and CRA shared the cost of the event until the City terminated the ILA in fiscal year 07/08. Since that time the CRA bore the entire cost of the event. However, since the event is held at Intracoastal Park and not within the area of the Downtown Vision and Master Plan that calls for special events as part of the revitalization of the downtown area, the Board did not feel this is an appropriate use of CRA funds under the State Statue that governs CR \'s. Thank you for your understanding of these matters. to O *0 in O co o 19 � 0f N 0 CO CO N Ci CO N p I N I r' 0 N { 64 69 69 w 616 69 69 69 69 69 6, w 69 0 0 0 t0 (0 I M 0 0 '' , 0 u.) , 0 . (0 ' ' § i aD N N O) N N N t CO O 0 } N I LL 69696969400. 69696969 w w O O ' t0 O' w I N ' 1 0 0 t N. (0 `" ., 2 N ri co .- -zi M O) (9 N O) Q p 0) U N I • 69 69 69 69 w 69 69 69 6 9 69 w w w U m . ID 0 0 co 199 o n O o d e . i n m ■ 0 t0 O) 1- 0 0 C O N 'd' N O) , N «9 N [7 O M p O o NI I W 4 N , >- u_ 69 69 69 69 w 1 69 49 6 9 69 f9 w w h 0 6A O CO 0! oo (0 1 a CO Z co co 0 i act (0 C`7 i 01 (0 0 N (0 co O) Q cr O W 0 N O LL (9 to 6f969M V9 E9496964 w, w w -J Q N N r 0 N . M,,, M � v �,,, v ' CO Z N N co op oil 0 Z t0 O r N 0 U. 64 64 64 49144 696969 69 Eft w w w CU' U Z Q Z CO d ~ H C 0 W 0 6v C E • 'O O C C E 0 p O a CA n. a C 1) m t to K w ca) a) w H c a! o Q, 0. o 2 c c 0 Id L w fo m 0 Cr) CI ' (C 'a t ` 0 0. ch C � N 10 m d 0 - 0 C J 0« 0. d — 60 C • 0 0 t- O to 0 0 _ LL !- 3 al > > >, 0 m amt! CU 3 w c m @ t o z f` �?:; =mom =o 0 ■ From: Shea, Virginia Sent: Thursday, August 30, 2012 4:24 PM To: LeJeune, Carisse Subject: Heritage Park HISTORY OF HERITAGE PARK Heritage Park was a vacant lot with a large tree where people would gather to socialize. The park was built in 1992 and is located in the 1000 block of North Seacrest Boulevard and N.W. 10th Avenue. A monument dedicated to African Americans inscribed as follows: "In honor of Boynton Beach African Americans" dedicated February 27, 1993 by the Martin Luther King, Jr. Committee is located here. The monument was donated by Ferazzoli Tile, and the original inscription services were donated by Lake Worth Monument. The names inscribed on the monument are selected annually through the Boynton Beach Martin Luther King, Jr. Committee. Citizens are selected for having made an important historical and cultural contribution to the development of Boynton Beach. In 2011, the planter in the middle of the park was removed and replaced with improved landscaping. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 Mr. Simon reviewed the results for the above services. In July, the Board had approved issuing the RFP for said services. Currently, the contract was with Waypoint Marine, the sole respondent to the 2007 RFP who was selected to begin in February 2008 with two (2) two -year renewals which expire at the end of next month. From the RFP issued on July 11th, staff received only one response which was from Waypoint Marine, Inc. Staff was extremely happy with their services. The consistency of price and value to the increased level of work was without question most reasonable. Motion Mr. Holzman moved to approve. Mr. Buchanan seconded the motion that unanimously passed. XIII. New Business: A. Consideration of Creating a CRA Citizen of the Year Award Ms. Brooks explained Mr. Karageorge wanted to create an award for individuals who work and volunteer in the CRA district. Mr. Karageorge had a handout, which was provided to the members. He would like the Board to annually nominate individuals for the award and if there was no consensus, staff could make the selection. He would like to call the award the Gertrude Sullivan CRA award as she exemplified her desire to improve the Community Redevelopment Agency District, was very involved in the HOB, and worked on various citizen committees. Each member could write a nomination why that specific individual should be nominated and submit it at a Board meeting. The winner could receive a plaque or award from the Community Redevelopment Agency and have a photo opportunity with the Executive Director and Chair. A press release why they were selected could also be issued. He thought a plaque could be placed in the CRA office with plates for each year's winners. He would like nominations submitted in September and the winner selected in October and do this on an annual basis. He thought it was a good, cost effective way to send a positive message to the community and thank those for their service. He recalled several individuals who could be nominated. Vice Chair McCray commented something was already in place at Heritage Park in the HOB and every year someone was supposed to be nominated. He inquired if any other Community Redevelopment Agency Districts had this award. He suggested revisiting why names were not being placed at the Park instead of creating something new. Mr. Holzman and Chair Hay agreed. Chair Hay commented this should be revamped and the individual could be recognized at the MLK dinner. Staff also recognized individuals in the CRA newsletter. It was unknown who was responsible for the awards at Heritage Park. The ball was dropped and Mr. Karageorge had not seen a new name there in five years. He also felt 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL August 14, 2012 most names in Heritage Park were from District II and there was another half of the CRA that needed to be included. Much had occurred in the District III portion of the District and many individuals had contributed there as well. Mr. Holzman suggested instructing staff to see why the ball was dropped at Heritage Park and come back so the Board could decide what to do. Vice Chair McCray commented the intent with Heritage Park was for any citizen, not only District II citizens to be recognized. Mr. Buchanan suggested staff provide input on potential recipients because they interacted with many individuals the Board may not be aware of. B. Palm Beach County Business Development Board Gala Mr. Karageorge became aware of the event and had attended last year. He thought staff should work with the Development Board and have a presence and he acknowledged it was expensive. He suggested one Board member represent the Board and City. He proffered the Chair and his wife attend the event. Last year only three individuals from Boynton Beach attended in addition to the Dimensional Harmony Choir. The cost for the Chair and his wife was $500. Mr. Holzman favored paying for the Chair's ticket only. Ms. Ross received the information in the mail. The event would be held on September 8th. A table was $2,500. Motion Mr. Holzman moved to buy a ticket for the Chair for $250. Chair Hay commented he would not attend without his wife and he would not pay $250. Ms. Ross indicated she was deciding whether to go alone or with a guest. She commented she was amenable if the Chair wanted to take his wife. Ms. Brooks noted two tickets were purchased last year. The motion died for lack of a second. Motion Since it was done last year, Vice Chair McCray moved to purchase two tickets. Mr. Karageorge seconded the motion that unanimously passed. XIV. Executive Director's Report A. Project Status Update and HOB Investment Update There were no comments on this item. XV. Future Agenda Items: A. Executive Director Annual Review — September 13 BOYNTON r =BEACH CRA BOARD MEETING OF: September 11, 2012 Consent Agenda Old Business New Business I Legal 1 Executive Director's Report SUBJECT: Fun Night Out, Food & Fashion SUMMARY: Coordinated with local businesses to promote the event. See attached flyer. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS /OPTIONS: Information Only f//4.22- • AA eather English, Eco omic De 1 opment Date: September 6, 2012 ,,r -(°(e a .410.- Time: 6 - 10 p.m. - FUN Nig,ht Out 'Food Dress up and join in the celebration! Downtown businesses will be offering specials, entertainment, discounts, and more. SHOP - EAT - SOCIALIZE AK Fashion Menswear Boutique, 515 E Ocean Avenue 20% off any purchase The Little House, 480 E Ocean Avenue Happy hour specials until 10 p.m. Cafe Frankie's, 640 E Ocean Avenue 50% off bottles of wine, 8 — 10 p.m. The Fancy Flamingo, 640 E Ocean Avenue 20% off purchase, free wine and cheese Hurricane Alley, 529 E Ocean Avenue "Fashionista" Specials: free glass of Kendal Jackson Chardonnay & 1/2 off one appetizer with any purchase from FSB (must show receipt). Like New Consignment Boutique, 1120 S Federal Highway Free hor'deourves & drinks until 8 p.m. 4 1( BOYNION (1) A In Cooperation with the Boynton Beach CRA, 561 - 737 -3256 BOYNTON CRA =BEACH CRA BOARD MEETING OF: September 11, 2012 Consent Agenda j X j Old Business 1 New Business Legal I Executive Director's Report SUBJECT: Consideration of Resolution No. R12 -04 Adopting the CRA Budget for FY 2012 -2013 SUMMARY: Attached is a copy of the operating budget for FY 2012 -2013 for the Board's review and approval. Changes to the attached budget from the August 22 CRA Budget Meeting are: 1. General Fund — Buildings & Grounds: $27,000 Promenade Hardscape & Softscape Maintenance eliminated. Reallocated as follows: • $17,000 to CRA property maintenance & repairs, and • $10,000 to Insurances - Liability Coverages based on 35% increase quoted versus estimate of 18% increase at time of Budget Meeting 2. Project Fund — • Marina — Phase 1 -B funding of $484,145 reallocated to Marina Phase 2 for a total of $1.3 million for Phase 2- Harbor Master Building, Fuel Station Relocation & Site Work • Events — July 4 funding of $75,000 eliminated and reallocated within Events budget as discussed at Budget Meeting. The CRA Board can approve the attached budget subject to allocation of additional revenue generated by the City and County's final millage rates less DIFA payment increases, if any, to be presented at the October 9, 2012 CRA Board Meeting. FISCAL IMPACT: Adoption of FY 2012 -2013 CRA budget. CRA PLAN, PROGRAM OR PROJECT: All Redevelopment Plans RECOMMENDATIONS /OPTIONS: Approve Resolution No. 11 -04 adopting the attached FY 2012 -2013 Budget, subject to ratification by the City of Boynton Beach Commission on September 18, 2012. Vivian Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \September 20121Budget Approval FY 2012- 2013.doc RESOLUTION NO: R12 -04 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2012 TO SEPTEMBER 30, 2013, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY in order to implement its Community Redevelopment Plan and provide for its operating expenses has prepared a Budget for the Fiscal Year beginning October 1. 2012 and ending September 30, 2013, attached hereto as Exhibit "A "; and WHEREAS, the Board determined that the said Budget is in the public's interest and it is necessary to implement its goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "A" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2012 through September 30, 2013 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of September 2012. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Woodrow Hay, Chairman W. Hay M. McCray B. Buchanan S. Holzman M. Karageorge M. Ross EXHIBIT "A" Boynton Beach Community Redevelopment Agency Operating Budget FY 2012- 2013 BOYNTON cRA BEACH Boynton Beach Community Redevelopment Agency Operating Budget FY 2012 -2013 Last Revised: 9!0412012 Table of Contents Pages Budget Overview A - G General Fund 1 - 14 Project Fund 15 - 19 Debt Service Fund 20 - 22 ■ BOYNTON BEACH CRA Revenues - FY 2012 -2013 • Increase /(Decrease) FY 2011 -2012 1 FY 2012 -2013 Amount 1 % Tax Increment Revenue $ 5,730,000 $ 5,400,000 $ (330,000) -6% Other Sources of Revenue Marina $ 1,103,276 $ 1,000,000 $ (103,276) -9% Rollover Appropriation $ 300,000 $ 25,000 $ (275,000) -92% General Fund - Fund Balance Allocation $ 520,000 $ 300,000 $ (220,000) -42% Total Revenue Sources $ 7,653,276 $ 6,725,000 $ (928,276) -12% Assumptions: 1. Assessed valuations based on Property Appraiser data delivered 07/02/2012 2. City and County millage rates remain same 3. TIF revenue FY 12 -13 reduced by 1% true -up 4. Marina rents remain flat. 5. FY 2012 -2013 Fund Balance /Rollover Components: a. $25,000 unused Contingency in General Fund - FY 2011 -2012 b. $300,000 General Fund - Fund Balance allocation -A- BOYNTON BEACH CRA Funding Available for Projects - FY 2012 -2013 Revenues - Estimated $ 6,725,000 Less: Debt Service $ 2,112,150 (a) Operating Expenses $ 1,678,911 Marina Expenses $ 1,000,000 DIFA - Promenade $ 390,000 (Year 3 of 10) DIFA - Cornerstone $ 32,000 (Year 1 of 10) Wal -Mart Brownfield Payment $ 22,500 (Year 2 of 4) Wal -Mart $ 45,000 (Year 1 of 10) Sub -Total $ 5,280,561 New Project Revenue $ 1,444,439 (a) Fund Balance Allocation in Debt Service Fund of $400,000 to be applied towards debt service payments in FY 2012 -2013. Projects Funded Through Bonds Boynton Beach Blvd Ext/Promenade Walkway $ 10,022,149 34% Property Acquisitions $ 11,485,686 39% Marina Purchase $ 6,393,700 22% Housing Assistance $ 1,389,493 5% Economic Development $ 320,648 1% Total $ 29,611,676 100% B .. ■ BOYNTON BEACH CRA Project Fund Revenue & Potential Projects Revenue for New Projects $ 1,444,439 Project Fund - Rollover Reallocations (see below) $ 250,000 (a) Total $ 1,694,439 Project Estimated Cost Special Events $ 254,500 Legal Work - Project Fund $ 45,000 Realtor Training in Historic Preservation $ 1,500 Development of Phase 2 Marina $ 815,855 Design & Engineering $ 50,000 Site Work & Demolition $ 50,000 $ Economic Development Grants $ 185,000 _ $ - Marketing Program for Merchants $ 75,000 $ - Parking Redevelopment Planning - 1st & 1st and 4th $ 217,584 $ Total for New Projects $ 1,694,439 (a) Project Fund Reallocations • $100,000 - Ruth Jones Interior Balance Remaining • $150,000 - Magnuson House (total $336,795: $150,000 to be reallocated and $186,795 will remain in line item for Magnuson House) - - - - - -- - -- BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT PLAN FY 2012 -2013 FY 2011 -2012 • I Prior Year Expenditure Expenditures & Budget to Project Total s Budget Encumbrances Rollover 2012 -2013 (Ruth Jones - Little Cottage Interior $ 316,500 $ 29,862 $ 286,638 $ 186,638 $ 100,000 $ - (a) Magnuson House - 211 E. Ocean $ 349,375 $ 12,580 $ 336,795 $ - ( $ 336,795 1 $ 186,795 1 (b) Marina •Phase 1 -B (Old Dive Shop Area) $ 500,000 $ - $ 500,000 1 $ 15,855 1 $ 484,145 1 $ - ! (c) 1 I •Phase 2 - Harbor Master Bldg, Fuel Station Relocation, Site Work $ 1,600,000 $ $ - $ - $ $ 815,855 $ 300,000 • Reallocated from Phase 1 -B (Old Dive Shop Area) $ 484,145 Total Phase 2 $1,300,000 • Marina Entry Signage at BBB & Federal Highway $ 118,534 $ $ 118,534 $ 22,400 $ 96,134 $ 96,134 Tree Art Project - Ocean Avenue $ 50,000 $ - $ 50,000 1 $ 1,041 1 $ 48,959 1 $ 48,959 1 Parking Redevelopment Planning $ 217,484 $ - $ - $ - 1 $ - 1 1 $ 217,484 1 I TOTAL $ 3,151,893 $ 42,442 $1,291,967 $ 225,934 $1,066,033 $1,849,372 $ 300,/ (a) $100,000 budget rollover reallocated to other redevelopment projects in FY 2012 -2013 (b) $150,000 of budget rollover reallocated to other redevelopment projects in FY 2012 -2013 (c) $484,145 reallocated to Marina Phase 2. Approved by CRA Board 8/22/2012. -D - BOYNTON BEACH CRA FY 2012 -2013 SPECIAL EVENTS 2011/20/3 PROPOSED 2012/2013 PROPOSED EVENTS DATE BUDGET HOLIDAY EXTRAVAGANZA PARADE $20,000 TREE & DECORATIONS Saturday, December 1, 2012 $20,000 CONCERT $60,000 Holiday Event Total $100,000 HOLIDAY BOAT PARADE $11,000 Boynton Harbor Marina Friday, December 7, 2012 MOVIES ON THE AVE •Friday, January 4. 2013 •February 1, 2013 •March $15,000 Ocean Avenue Amphitheatre 1, 2013 •April 5, 2013 •May 3, 2013 OCEAN AVENUE CONCERT SERIES •Friday, January 18, 2013 *February 15, 2013 $15,000 I Ocean Avenue Amphitheatre .March 15, 2013 •April 19, 2013 *May 17, 2013 •Sunday's in October & November, 2012 *January, OCEAN AVENUE PARK February, March, April, May. June, $7,500 SUNDAY CONCERTS 2013 BOYNTON BEACH HAUNTED PIRATE FEST Saturday & Sunday October 26 & 27, 2013 $77,500 Ocean Avenue I COMMUNITY FARMERS MARKET Every Saturday $3,500 I KINETIC SYMPOSIUM February 8 - 10, 2013 $5,000 GENERAL EVENT SUPPORT $20,000 TOTAL COST OF EVENTS $254,500 -E- BOYNTON BEACH CRA TIF ESTIMATE - FY 2012 -2013 As of: 08/03/2012 Source: Property Appraiser 6/28/12 & FY11 -12 Certified • I FY 2011 -2012 1 I FY 2012 -2013 (ASSESSED VALUES 1 $ 815,476,900 1 I $ 789,908,428 1 1 Chg. from Prior Year -3.1% I Current Year FY 2012 -2013 Estimates 2011 Assessed Values $ 815,476,900 $ 789,908,428 $ 789,908,428 $ 789,908,428 $ 789,908,428 Less Base Year Value $ 309,821,849 309,821,849 309,821,849 309,821,849 309,821,849 TIF Taxable Value $ 505,655,051 480,086,579 480,086,579 480,086,579 480,086,579 95% of Difference $ 480,372,298 $ 456,082,250 $ 456,082,250 $ 456,082,250 $ 456,082,250 Applied to Millage Millage Scenarios No Change City = Rollback City =7.6 City =7.8 City & Cty. County Flat Cty. Flat Cty. Flat Millage Rates City 7.1941 7.1941 7.3058 7.6000 7.8000 County 4.7815 4.7815 4.7815 4.7815 4.7815 Tax Increment Revenue City $ 3,455,846 $ 3,281,101 -5% $ 3,332,046 -4% $ 3,466,225 0% $ 3,557,442 3% County $ 2,296,900 $ 2,180,757 -5% $ 2,180,757 -5% $ 2,180,757 -5% $ 2,180,757 - Sub -Total $ 5,461,859 $ 5.512,803 $ 5,646,982 $ 5,738,199 1% for True -Up $ 54,619 $ 55,128 $ 56,470 $ 57,382 Net TIF $ 5,752,746 $ 5,400,000 $ 5,450,000 $ 5,585,000 $ 5,675,000 Budgeted FY 12 -13 Change from Prev. Yea Amount $ (352,746) $ (302,747) $ (167,747) $ (77,747) % -6.1% -5.3% -2.9% -1.4% Potential Additional Revenue to CRA if City Millage Increases • $ 50,000 $ 185,000 $ 275,000 BOYNTON BEACH CRA - GENERAL FUND FUND BALANCE ANALYSIS Fund Balance 9/30/11 - Unassigned $ 596,910 Less: 1. Luchey Properties Purchase for Sara Sims Park - Approved by CRA Board 6/12/12 $ (140,000) 2. Fund Balance Allocation for FY 2012 -2013 Budget $ (300,000) Estimated Unassigned Fund Balance as of 9/30/12 $ 156,910 I -G - CD 0 0 0 0 0 0 N CO 0 _ O O CO CO tt 'O w C N 0' Ln CD O h O C' ■ N N 0 4 0 0 N d R r �y w 0. 0 E • p .r N a - 4.4 O e ti 40 r .. Ef3 r E .! 0 N 0 .-- N L() r 40 O O 04 C O CO O CO M O ( t0 t0 N N M O M LL it C' N CO N O N- 0) O) CO V V O N N 4 ti m CD a .. LL } 0 C 9 b9 ( ; ) O y Y- a CL 0 0 0 0 0 0 0 0 0 o e o 0 0 o A y g a 0 0 0 0 0 0 0 0 0 0 0 0 0 o e e o 0 0 0 0 o e o O 4. O 0 N CO 0) O O O O N N 4 LE) V Zr M Co Za. 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Lo .- m N c c c .c C7 n 4 a p to C C o 0 0 sw M Q U f0 C U ID d " 0- ' c 7 . d C C 7 . � F' 1- 2mmm0u_ oO v) wLi co &)� O c a 0� � O I- 0 H. -� 1- General Fund CRA BOARD FY 2011 -2012 FY 2012 -2013 Dept. 51010 Original Proposed Change Incl SUMMARY Budget Estimate Budget Amount % 200 CONTRACTUAL EXPENSES $ 8,500 $ 8,500 $ 8,500 $ - 0% 216 PUBLIC NOTICES $ 2,700 $ 2,700 $ 2,700 $ - 0% 225 CONFERENCES, MEETINGS & SEMINARS $ 8,250 $ 5,000 $ 8,250 $ - 0% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ - 0% 310 OFFICE SUPPLIES $ 500 $ 500 $ 500 $ - 0% 340 CELLULAR PHONES $ 1,560 $ 1,800 $ 1,800 $ 240 15% $ 22,010 $ 19,000 $ 22,250 I $ 240 1 %I DETAIL 200 1 CONTRACTUAL EXPENSES $ 8,500 $ 8,500 $ 8,500 Minutes for Board & Special Meetings - City Staff Costs $ 8,500 $ 8,500 $ 8,500 216 1 PUBLIC NOTICES Board Meeting & Legal Notices $ 2,700 $ 2,700 $ 2,700 I 225 j CONFERENCES, MEETINGS 8 SEMINARS $ 8,250 $ 5,000 $ 8,250 ABC's of CRAs $ 250 $ - $ 250 Florida Redevelopment Association $ 7,000 $ 5,000 $ 7,000 BoardTraining Workshops $ 1,000 $ - $ 1,000 I 227 I DELIVERY SERVICES $ 500 $ 500 $ 500 310 1 OFFICE SUPPLIES $ 500 $ 500 $ 500 I 340 1 CELLULAR PHONES $ 1,560 $ 1,800 $ 1,800 Page 2 General Fund v EXECUTIVE DEPARTMENT FY 2011 -2012 FY 2012 -2013 _ Dept. 51230 Original Proposed Change Incr /(' i SUMMARY Budget Estimate Budget Amount 100 PERSONNEL SERVICES $ 211,974 $ 211,974 $ 222,801 $ 10,827 5% 225 CONFERENCES, MEETINGS & SEMINARS $ 7,000 $ 7,000 $ 7,000 $ - 0% 226 MEMBERSHIP DUES $ 4,310 $ 4,310 $ 4,310 $ - 0% 227 DELIVERY SERVICES $ 1,000 $ 1,000 $ 1,000 $ 0% 229 CAREER DEVELOPMENT $ 2,000 $ 2,000 $ 2,000 $ - 0% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ - 0% 315 POSTAGE $ 3,000 $ 3,000 $ 3,000 $ - 0% 340 CELLULAR PHONE $ 900 $ 1,020 $ 1,020 $ 120 13% 355 SUBSCRIPTIONS $ 410 $ 417 $ 530 $ 120 29% _ 360 BOOK & PUBLICATIONS $ 500 $ 500 $ 500 $ - 0% 400 EQUIPMENT COSTS $ 1,000 $ 1,000 $ 1,000 $ 0% $ 233,594 $ 233,721 $ 244,661 I $ 11,067 5961 DETAIL I 100 I PERSONNEL SERVICES $211,974 $211,974 $ 222,801 Salaries - Executive Director $ 115,000 $ 115,000 $ 115,000 Administrative Services Manager $ 51,500 $ 51,500 $ 51,500 Benefits - Health $ 13,920 $ 13,920 $ 16,704 Dental $ 720 $ 720 $ 756 Vision $ 96 $ 96 $ 100 Life & Long Term Disability $ 988 $ 988 $ 1,028 Retirement Benefits $ 17,012 $ 17,012 $ 24,975 FICA Taxes $ 12,738 $ 12.738 $ 12,738 225 1 CONFERENCES, MEETINGS & SEMINARS $ 7,000 $ 7,000 $ 7,000 Regional - Local Meetings $ 1,500 $ 1,500 $ 1,500 National Conference $ 2,000 $ 2,000 $ 2,000 State Conference $ 1,500 $ 1,500 $ 1,500 Mileage $ 2,000 $ 2,000 $ 2,000 I 226 I MEMBERSHIP DUES $ 4,310 $ 4,310 $ 4,310 Urban Land Institute $ 600 $ 600 $ 600 American Planning Association (APA) $ 810 $ 810 $ 810 Florida Redevelopment Association $ 1,000 $ 1,000 $ 1,000 American Institute of Planners (AICP) $ 500 $ 500 $ 500 Business Development Board $ 1,000 $ 1,000 $ 1,000 Chamber of Commerce $ 400 $ 400 $ 400 227 1 DELIVERY SERVICES $ 1,000 $ 1,000 $ 1,000 I 229 1 CAREER DEVELOPMENT $ 2,000 $ 2,000 $ 2,000 American Planning Association Cont. Prof. Ed. $ 1.000 $ 1,000 $ 1,000 Florida Redevelopment Association Certification $ 1,000 $ 1,000 $ 1,000 I 310 1 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 I 315 1 POSTAGE $ 3,000 $ 3,000 $ 3,000 340 1 CELLULAR PHONES $ 900 $ 1,020 $ 1,020 355 1 SUBSCRIPTIONS $ 410 $ 417 $ 530 Florida Trend $ 200 $ 200 $ 250 South Florida Business Journal $ 110 $ 117 $ 130 Downtown Promotions $ 100 $ 100 $ 150 I 360 1 BOOK & PUBLICATIONS $ 500 $ 500 $ 500 I 400 1 EQUIPMENT COSTS $ 1,000 $ 1,000 $ 1,000 Page 3 General Fund V' FINANCE FY 2011 -2012 FY 2012 -2013 Dept. 51325 Original Proposed Change Incrl(Decr)J SUMMARY Budget Estimate Budget Amount 100 PERSONNEL SERVICES $ 192,441 $ 192,441 $ 202,441 $ 10,000 5% 200 CONTRACTUAL EXPENSES $ 175 $ 175 $ 200 $ 25 14% 201 BANK FEES $ 4,000 $ 2,000 $ 2,000 $ (2,000) -50% 225 CONFERENCES, MEETINGS & SEMINARS $ 2,000 $ 1,650 $ 2,000 $ - 0% 226 MEMBERSHIP DUES $ 620 $ 620 $ 620 $ - 0% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ - 0% 229 CAREER DEVELOPMENT $ 3,000 $ 2,700 $ 3,000 $ - 0% 310 OFFICE SUPPLIES $ 2,000 $ 2,000 $ 2,000 $ - 0% 340 CELLULAR PHONE $ 540 $ 780 $ 780 $ 240 44% 355 SUBSCRIPTIONS $ 1,100 $ 1,100 $ 1,100 $ - 0% 360 BOOK & PUBLICATIONS $ 500 $ 500 $ 500 $ - 0% 365 OFFICE PRINTING COSTS $ 300 $ 300 $ 300 $ - 0% $ 207,176 $ 204,766 $ 215,441 I $ 8,265 4 %I DETAIL 100 I PERSONNEL SERVICES $ 192,441 $ 192,441 $ 202,441 Salaries - Finance Director $ 85,964 $ 85,964 $ 85,964 Finance Assistant $ 64,000 $ 64,000 $ 64,000 Benefits - Health $ 13,920 $ 13,920 $ 16,704 Dental $ 720 $ 720 $ 756 Vision $ 96 $ 96 $ 100 Life & Long Term Disability $ 947 $ 947 $ 951 Retirement Benefits $ 15,322 $ 15,322 $ 22,495 FICA Taxes $ 11,472 $ 11,472 $ 11,472 I 200 1 CONTRACTUAL EXPENSES $ 175 $ 175 $ 200 Dept. of Community Affairs $ 175 $ 175 $ 200 I 201 1 BANK FEES $ 4,000 $ 2,000 $ 2,000 I 225 1 CONFERENCES, MEETINGS & SEMINARS $ 2,000 $ 1,650 $ 2,000 Regional -Local Meetings $ 500 $ 500 $ 500 Mileage $ 500 $ 400 $ 500 Budget Workshop $ 1,000 $ 750 $ 1,000 I 226 I MEMBERSHIP DUES $ 620 $ 620 $ 620 Florida Government Finance Officers Association $ 300 $ 300 $ 300 Government Finance Officers Association $ 320 $ 320 $ 320 227 I DELIVERY SERVICES $ 500 $ 500 $ 500 229 1 CAREER DEVELOPMENT $ 3,000 $ 2,700 $ 3,000 Government Finance Officers Continuing Education $ 3,000 $ 2,700 $ 3,000 310 I OFFICE SUPPLIES $ 2,000 $ 2,000 $ 2,000 340 I CELLULAR PHONES $ 540 $ 780 $ 780 355 1 SUBSCRIPTIONS $ 1,100 $ 1,100 $ 1,100 Financial Reporting Agencies $ 1,100 $ 1.100 $ 1.100 360 1 BOOK & PUBLICATIONS $ 500 $ 500 $ 500 365 1 OFFICE PRINTING COSTS $ 300 $ 300 $ 300 Blank Check Stock, 1099 Forms $ 300 $ 300 $ 300 Page 4 General Fund PLANNING FY 2011 -2012 FY 2012 -2013 Dept. 51440 Original Proposed Change Incr /(De..1 )1 SUMMARY Budget Estimate Budget Amount % 100 PERSONNEL SERVICES $ 103,318 $ 103,318 $ 173,852 $ 70,534 68% 225 CONFERENCES, MEETINGS & SEMINARS $ 5,320 $ 4,650 $ 5,320 $ 0% 226 MEMBERSHIP DUES $ 1.000 $ 1,000 $ 1,000 $ - 0% 227 DELIVERY SERVICES $ 300 $ 300 $ 300 $ - 0% 229 CAREER DEVELOPMENT $ 1,000 $ 1,000 $ 2,500 $ 1,500 150% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ - 0% 340 CELLULAR PHONE $ 720 $ 720 $ 1,620 $ 900 125% 360 BOOK & PUBLICATIONS $ 300 $ - $ 300 $ - 0% 365 OFFICE PRINTING COSTS $ 1,500 $ 2,000 $ 2,500 $ 1,000 67% $ 114,958 $ 114,488 $ 188,892 I $ 73,934 64 %I DETAIL 100 I PERSONNEL SERVICES $ 103,318 $ 103,318 $ 173,852 Development Director $ 80,983 $ 80,983 $ 80,983 Economic Development Assistant $ - $ - $ 45,760 Benefits - Health $ 6,960 $ 6,960 $ 16,704 Dental $ 360 $ 360 $ 756 Vision $ 48 $ 48 $ 100 Life & Long Term Disability $ 498 $ 498 $ 842 Retirement Benefits $ 8,274 $ 8,274 $ 19,011 FICA Taxes $ 6,195 $ 6,195 $ 9,696 225 1 CONFERENCES, MEETINGS & SEMINARS $ 5,320 $ 4,650 $ 5,320 Planning & Community Workshops $ 2,500 $ 2,000 $ 2,500 Economic Development Meetings $ 1,000 $ 1,000 $ 1,000 Regional -Local Meetings $ 500 $ 450 $ 500 Mileage $ 1,320 $ 1.200 $ 1,320 226 1 MEMBERSHIP DUES $ 1,000 $ 1,000 $ 1,000 Multiple Listing Service & Realtors Association $ 1,000 $ 1,000 $ 1.000 227 1 DELIVERY SERVICES $ 300 $ 300 $ 300 229 1 CAREER DEVELOPMENT $ 1,000 $ 1,000 $ 2,500 Florida Redevelopment Association Certification $ 1,000 $ 1,000 $ 1.500 Web Training /Certification $ $ $ 1 000 310 1 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 340 1 CELLULAR PHONES $ 720 $ 720 $ 1,620 360 1 BOOK & PUBLICATIONS $ 300 $ - $ 300 365 1 OFFICE PRINTING COSTS $ 1,500 $ 2,000 $ 2,500 Page 5 General Fund • MARKETING & BUSINESS DEVELOPMENT FY 2011 -2012 FY 2012 -2013 Dept. 57400 Original Proposed Change Incr /(Decr) SUMMARY Budget Estimate Budget Amount 100 PERSONNEL SERVICES $ 120,446 $ 120,446 $ 94,365 $ (26,080) -22% 216 ADVERTISING $ 4,000 $ 4,000 $ 5,000 $ 1,000 25% 218 MARKETING & BUSINESS DEV'L. COLLATERAL $ 5,000 $ 5,000 $ 5,000 $ - 0% 225 CONFERENCES, MEETINGS & SEMINARS $ 2,660 $ 2,550 $ 3,000 $ 340 13% 226 MEMBERSHIP DUES $ 800 $ 725 $ 825 $ 25 3% 227 POSTAGE $ 2,000 $ 4,000 $ 5,000 $ 3,000 150% 229 CAREER DEVELOPMENT $ 3,000 $ 2,500 $ 2,500 $ (500) -17% 236 PHOTOGRAPHY & VIDEOS $ 15,000 $ 13,000 $ 15,000 $ - 0% 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 $ - 0% 340 CELLULAR PHONE $ 1,440 $ 1,440 $ 1,020 $ (420) -29% 355 SUBSCRIPTIONS $ 700 $ 760 $ 975 $ 275 39% 365 OFFICE PRINTING COSTS $ 5,000 $ 5,000 $ 6,000 $ 1,000 20% $ 162,546 $ 161,921 $ 141,185 I $ (21,360) -13 %] DETAIL 100 I PERSONNEL SERVICES $ 120,446 $ 120,446 $ 94,365 Salaries - Marketing Director $ 69,414 $ 69,414 $ 69,414 Marketing /Events /Eco. Devi. Assistant (100% in Planning in FY 12 -13) $ 22,880 $ 22,880 $ - Benefits - Health $ 10,440 $ 10,440 $ 8,352 Dental $ 540 $ 540 $ 378 Vision $ 72 $ 72 $ 50 Life & Long Term Disability $ 610 $ 610 $ 449 Retirement Benefits $ 9,430 $ 9,430 $ 10,412 FICA Taxes $ 7,061 $ 7,061 $ 5,310 I 216 I ADVERTISING $ 4,000 $ 4,000 $ 5,000 I 218 I MARKETING & BUSINESS DEV'L COLLATERAL $ 5,000 $ 5,000 $ 5,000 I 225 I CONFERENCES, MEETINGS & SEMINARS $ 2,660 $ 2,550 $ 3,000 Regional -Local Meetings $ 1,000 $ 750 $ 1,000 FRA Conference $ 1,000 $ 1,300 $ 1,500 Mileage $ 660 $ 500 $ 500 226 J MEMBERSHIP DUES $ 800 $ 725 $ 825 Visit Florida $ 500 $ 425 $ 425 Gold Coast PR Council $ - $ - $ 75 Public Relations Society of America $ 300 $ 300 $ 325 227 I POSTAGE $ 2,000 $ 4,000 $ 5,000 229 I CAREER DEVELOPMENT $ 3,000 $ 2,500 $ 2,500 PR and Marketing Certifications $ 3,000 $ 2,500 $ 2,500 236 1 PHOTOGRAPHY, VIDEOS, PROMOTIONAL $ 15,000 $ 13,000 $ 15,000 310 I OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 340 1 CELLULAR PHONES $ 1,440 $ 1,440 $ 1,020 355 1 SUBSCRIPTIONS $ 700 $ 760 $ 975 Palm Beach Post $ 150 $ 210 $ 225 Sun - Sentinel $ 275 $ 275 $ 275 Wall Street Journal $ - $ - $ 200 PR Week $ 275 $ 275 $ 275 I 365 I OFFICE PRINTING COSTS $ 5,000 $ 5,000 $ 6,000 Page 6 General Fund • _ L_ SPECIAL EVENTS FY 2011 -2012 - FY 2012 -2013 Dept. 57500 Original Proposed Change Incr /(Decr) 1 SUMMARY Budget Estimate Budget Amount % 100 I PERSONNEL SERVICES $ 116,339 $ 116,339 $ 90,091 $ (26,247) -23% 200 EVENT SUPPORT $ 10,000 $ 8,000 $ $ (10,000) -100% 225 CONFERENCES, MEETINGS & SEMINARS $ 3,020 $ 2,950 $ 3,220 $ 200 7% 226 MEMBERSHIP DUES $ 400 $ 400 $ 400 $ - 0% 229 CAREER DEVELOPMENT $ 2,000 $ 2,000 $ 1,500 $ (500) -25% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ - 0% 340 CELLULAR PHONE $ 1,680 $ 1,680 $ 1,320 $ (360) -21% 355 SUBSCRIPTIONS $ 250 $ 250 $ 250 $ - 0% 400 EQUIPMENT $ 1,250 $ 2,000 $ 2,500 $ 1,250 100% $ 136,439 $ 135,119 $ 100,781 ( $ (35,657) - %1 DETAIL 100 I PERSONNEL SERVICES $ 116,339 $ 116,339 $ 90,091 Salaries - Events Director $ 65,943 $ 65,943 $ 65,943 Marketing /Events /Eco. Devi. Assistant (100% in Planning in FY 12 -13) $ 22,880 $ 22,880 $ - Benefits - Health $ 10,440 $ 10,440 $ 8,352 Dental $ 540 $ 540 $ 378 Vision $ 72 $ 72 $ 50 Life & Long Term Disability $ 594 $ 594 $ 433 Retirement Benefits $ 9,076 $ 9,076 $ 9,891 FICA Taxes $ 6,795 $ 6,795 $ 5,044 200 1 EVENT SUPPORT $ 10,000 $ 8,000 $ - I 225 1 CONFERENCES, MEETINGS & SEMINARS $ 3,020 $ 2,950 $ 3,220 Regional -Local Meetings $ 1,000 $ 750 $ 1,000 FRA Conference $ 1,000 $ 1,300 $ 1,500 Mileage $ 1,020 $ 900 $ 720 226 1 MEMBERSHIP DUES $ 400 $ 400 $ 400 FFEA $ 325 $ 325 $ 325 Gold Coast PR Council $ 75 $ 75 $ 75 229 1 CAREER DEVELOPMENT $ 2,000 $ 2,000 $ 1,500 Web Master Training /Certification $ 1,000 $ 1,000 $ - FL Festivals & Events Training $ 1,000 $ 1,000 $ 1.500 310 1 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 340 1 CELLULAR PHONES $ 1,680 $ 1,680 $ 1,320 355 1 SUBSCRIPTIONS $ 250 $ 250 $ 250 400 1 EQUIPMENT $ 1,250 $ 2,000 $ 2,500 .aa, General Fund V INSURANCES FY 2011 -2012 FY 2012 -2013 Dept. 51410 Original Proposed Change Incrl(Decr) 1 SUMMARY Budget Estimate Budget Amount 200 CONTRACTUAL EXPENSES $ 23,650 $ 23,650 $ 23,650 $ - 0% 213 GENERAL PROPERTY COVERAGE $ 60,000 $ 60,000 $ 81,000 $ 21,000 35% 214 EMPLOYEE FIDELITY COVERAGE $ 1,000 $ 1,000 $ 1,000 $ - 0% 154 OTHER INSURANCES $ 24,500 $ 12,000 $ 24,500 $ - 0% $ 109,150 $ 96,650 $ 130,150 I $ 21,000 19 %I DETAIL I 200 1 CONTRACTUAL EXPENSES $ 23,650 $ 23,650 $ 23,650 Agency Fee $ 12,000 $ 12,000 $ 12,000 Computers & Software Policy $ 1,500 $ 1,500 $ 1,500 Marina Fuel Tank Coverage $ 1,650 $ 1,650 $ 1,650 Special Events & Concerts Policy $ 3,500 $ 3,500 $ 3,500 Flood Insurance $ 5,000 $ 5,000 $ 5,000 213 1 PROPERTY & LIABILITY COVERAGE $ 60,000 $ 60,000 $ 81,000 Policy for Property & General Liability $ 55,000 $ 55,000 $ 76,000 Includes: Property, General Liability, Fuel Dock, Public Officials Liability, Employment Practices Liability, Automobile Construction Policies - Marina $ 5,000 $ 5,000 $ 5,000 I 214 1 EMPLOYEE FIDELITY COVERAGE $ 1,000 $ 1,000 $ 1,000 Money & Security Insurance - Crime and Computer Fraud OTHER INSURANCES $ 24,500 $ 12,000 $ 24,500 153 Retirement Plan Fees 1 $ 1,000 $ 1,000 $ 1,000 154 Workers Comp Insurance $ 3,500 $ 3,500 $ 3,500 159 Unemployment Payments $ 5,000 $ - $ 5,000 161 Leave Payouts $ 15,000 $ 7,500 $ 15,000 Page 8 General Fund v , L_ PROFESSIONAL SERVICES FY 2011 -2012 FY 2012 -2013 Dept. 51420 Original Proposed Change Incrl(Decr) SUMMARY Budget Estimate Budget Amount % 200 CONTRACTUAL SERVICES $ 145,000 $ 127,000 $ 155,000 $ 10,000 7% 201 LEGAL SERVICES $ 75,000 $ 50,000 $ 50,000 $ (25,000) -33% 204 OTHER PROFESSIONAL FEES $ 15,000 $ 15,000 $ 15,000 $ 0% $ 235,000 $ 192,000 $ 220,000 1 $ (15,000) - 6%I DETAIL 200 I CONTRACTUAL EXPENSES $ 145,000 $ 127,000 $ 155,000 Audit Services $ 30,000 $ 30,000 $ 30,000 Marina Audit & Fuel Collection Audit $ 15,000 $ 15,000 $ 15,000 Bond Indenture Compliance $ 15,000 $ 12,000 $ 15,000 Risk Assessment Standards /Financial Services $ 30,000 $ 30,000 $ 30,000 CRA Marketing & Website Services $ 20,000 $ 20,000 $ 25,000 Personnel Services $ 15,000 $ - $ 20,000 Economic Development Financial Assessment $ 10,000 $ 10,000 $ 10,000 Grant Consultant $ 10,000 $ 10,000 $ - Record Retention Consultant $ - $ - $ 10,000 201 1 LEGAL SERVICES $ 75,000 $ 50,000 $ 50,000 1 204 1 OTHER PROFESSIONAL FEES $ 15,000 $ 15,000 $ 15,000 Fire Inspections $ 500 $ 500 $ 500 City HR ILA $ 14,500 $ 14,500 $ 14,500 Page 9 General Func BUILDINGS & GROUNDS FY 2011 -2012 FY 2012 -2013 Dept.51620 Original Proposed Change Incr /(Decry SUMMARY Budget Estimate Budget Amount % 200 CONTRACTUAL EXPENSES $ 2,500 $ 2,500 $ 2,500 $ - 0 ) /0 201 PROPERTY TAXES & ASSOCIATION DUES $100,000 $ 75,000 $ 75,000 $ (25,000) -25% 205 RENTAL OF OFFICES $ 85,304 $ 85,304 $ 85,500 $ 196 0% 208 EQUIPMENT LEASES $ 18,000 $ 18,000 $ 15.000 $ (3,000) -17% 209 PROPERTY MAINTENANCE COSTS $145,000 $122,000 $ 137,000 $ (8,000) -6% 224 SIGNAGE $ 7,500 $ 6,000 $ 10,000 $ 2,500 33% 325 ELECTRIC COSTS $ 15,600 $ 10,000 $ 12,600 $ (3,000) -19% 326 WATER COSTS $ 7,800 $ 7,800 $ 8,000 $ 200 3% $ 381,704 $ 326,604 $ 345.600 I $ (36,104) -9 %I DETAIL 200 I CONTRACTUAL EXPENSES $ 2,500 $ 2,500 $ 2,500 Alarms & Pest Control 201 1 PROPERTY TAXES & ASSOCIATION DUES $ 100,000 $ 75,000 $ 75,000 205 1 RENTAL OF OFFICES $ 85,304 $ 85,304 $ 85,500 710 N. Federal Hwy $ 78,204 $ 78,204 $ 82,000 Storage Facilities $ 7,100 $ 7,100 $ 3,500 I 208 1 EQUIPMENT LEASES $ 18,000 $ 18,000 $ 15,000 I 209 1 PROPERTY MAINTENANCE COSTS $ 145,000 $ 122,000 $ 137,000 General Repairs $ 10,000 $ 10,000 $ 25,000 Janitorial Services $ 15,000 $ 15,000 $ 15,000 Property Maintenance $ 45,000 $ 45,000 $ 72,000 Hurricane /Property Contingency $ 25,000 $ 25,000 $ 25,000 Promenade - Hardscape Maintenance $ 25,000 $ 10,000 $ - Promenade - Softscape Maintenance $ 20,000 $ 12,000 $ - Leasehold Improvements 710 N. Federal Highway $ 5,000 $ 5,000 $ - I 224 1 SIGNAGE $ 7,500 $ 6,000 $ 10,000 I 325 j ELECTRICITY COSTS $ 15,600 $ 10,000 $ 12,600 I 326 1 WATER COSTS $ 7,800 $ 7,800 $ 8,000 Page 10 General Fund V MARINA FY 2011 -2012 FY 2012 -2013 Dept. 51630 Original Proposed Change Incr /(Decr) I SUMMARY Budget Estimate Budget Amount % 200 CONTRACTUAL EXPENSES $ 500 $ 500 $ 500 $ - 0% 209 PROPERTY MAINTENANCE COSTS $ 35,800 $ 35,800 $ 35,800 $ - 0% 241 MARINA MANAGEMENT CONTRACT $ 148,000 $ 148,000 $ 158,000 $ 10,000 7% 242 FUEL STATION OVERHEAD $ 44,200 $ 44,200 $ 34,200 $ (10,000) -23% 310 OFFICE SUPPLIES $ 500 $ 500 $ 500 $ - 0% 325 ELECTRIC COSTS $ 15,400 $ 15,400 $ 15,400 $ - 0% 326 WATER CHARGES $ 2,100 $ 2,100 $ 2,100 $ - 0% 327 GASOLINE & DEISEL CHARGES $ 842,776 $ 741,500 $ 741,500 $ (101,276) -12% 328 DIESEL SALES TAX _ $ 14,000 $ 12,000 $ 12,000 ,2,000) -14% $1,103,276 $1,000,000 $ 1,000,000 I $ (103,276) -9 %I DETAIL 200 1 CONTRACTUAL EXPENSES Sea Spill Contract $ 500 $ 500 $ 500 I 209 1 PROPERTY MAINTENANCE COSTS $ 35,800 $ 35,800 $ 35,800 Trash Removal & Janitorial Services $ 9,100 $ 9,100 $ 9,100 Marina Maintenance $ 26,700 $ 26,700 $ 26,700 241 1 MARINA MANAGEMENT CONTRACT $ 148,000 $ 148,000 $ 158,000 242 1 OPERATIONS - Merchant Fees /Building /Phone $ 44,200 $ 44,200 $ 34,200 310 1 OFFICE SUPPLIES $ 500 $ 500 $ 500 325 1 ELECTRICITY COSTS $ 15,400 $ 15,400 $ 15,400 326 WATER CHARGES $ 2,100 $ 2,100 $ 2,100 327 GASOLINE & DEISEL CHARGES $ 842,776 $ 741,500 $ 741,500 328 DIESEL SALES TAX $ 14,000 $ 12,000 $ 12,000 General Fund • INFORMATION TECHNOLOGY FY 2011 -2012 FY 2012 -2013 Dept. 51650 Original Proposed Change Incr/(Decr) SUMMARY Budget Estimate Budget Amount % 200 CONTRACTUAL EXPENSES $ 2,000 $ 2,000 $ 2,000 $ - 0% 210 CITY IT SUPPORT $ 22,000 $ 22,000 $ 23,000 $ 1,000 5% 211 COMPUTER SOFTWARE & LICENSES $ 1,500 $ 1,500 $ 750 $ (750) -50% 212 FINANCIAL SOFTWARE MAINTENANCE $ 7,850 $ 7,850 $ 8,200 $ 350 4% 330 TELEPHONE LINES $ 8,000 $ 8,000 $ 6,000 $ (2,000) -25% 400 EQUIPMENT COSTS $ 8,000 $ 8,000 $ 5,000 $ (3,000) -38% $ 49,350 $ 49,350 $ 44,950 I $ (4,400) -9 %I DETAIL 1 200 1 CONTRACTUAL EXPENSES $ 2,000 $ 2,000 $ 2,000 Financial Accounting Software Updates $ 500 $ 500 $ 500 Maintenance of Phone System $ 1,500 $ 1,500 $ 1 500 210 IT SUPPORT $ 22,000 $ 22,000 $ 23,000 211 COMPUTER SOFTWARE & LICENSES $ 1,500 $ 1,500 $ 750 212 FINANCIAL SOFTWARE MAINTENANCE I $ 7,850 $ 7,850 $ 8,200 330 TELEPHONE SYSTEM & DATA LINES $ 8,000 $ 8,000 $ 6,000 400 I EQUIPMENT COSTS $ 8,000 $ 8.000 $ 5,000 Page 12 • General Fund FY 2011 -2012 FY 2012 -2013 CONTINGENCY ACCOUNT Original Proposed Change Incr /(Decr) Dept. 51990 Budget Estimate Budget Amount % 200 1 CONTRACTUAL EXPENSES Contingencies $ 25,000 $ $ 25,000 ( $ - 0 %1 Page 13 ■ - - 0) Lo O 0 CO CI rnv ov an W a r� O CO O M r` N H a 0 0 0 0) 0) r- o0 c0 0o I- a r r- O O 0: a e) e) e) e) e) e) e) e) W 4444. 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J N U Z f j Li.) ..:C Z Z m 03 c (7) N m N a) u) O. G O N W Q> cc W 2 Q F- r O . m 0 v) -c m Y w T Q o U .- W II f] 2 (a Q LL 2 H o (n 2 2 Y r-- J = U CD H ( x ) '4 O CL' O W 2 I- O 0 Z a a c co p w w w w w o Q Q Z W W=, H 0 Z ¢ Q O Q 0 CO 0) O .- N > CO 2 fY Q Y W > D U Q y V Y 2 . 0 0 0 0 0 0 N Uj M _ H m U 2 471-L o0 00 Z a fY > - 2 0 0 0 r O cc O J U _i 0 4 0 0 0 N O CsJ cc Q 2 Q I- Z W } } } } } m 2 fn CO DI W LLL L Boynton Beach CRA Project Fund - Budget Summary I • FY 2011 -2012 2012 -2013 Proposed vs. 2011 -21 Original Amended Proposed Increase/ Decrease) FUNDING SOURCES I Budget Budget Estimate Budget Amount % 1. Ruth Jones Interior Rollover Budget Reallocation from FY 2010 -2011 $ 140,138 $ 140,138 $ 40,138 $ 100,000 $ (40,138) -29% Rollover from Project Fund Balance Allocation 67,929 67,929 67,929 - (67,929) - 100% Project Fund - Bond #2 Remaining Proceeds 51,402 51,402 51,402 - (51,402) - 100% Sub -Total Ruth Jones Interior 259,469 259,469 159,469 100,000 (159,469) -61% 2. Rollover from Project Fund - Magnuson House 336,795 336,795 - 336,795 - 0% 3. Grant Revenue - Children's Museum Windows 197,306 197,306 - - (197,306) - 100% 4. Fund Balance - Project Fund - Ocean Breeze - 81,496 81,496 - (81,496) - 100% West Contract Balance Unused 5. Fund Balance - Project Fund - Unused 22.200 22,200 - (22,200) Economic Development Grant Funds - 100% 6. Rollover - FY 2011 -2012 Components: Contingency 75,000 75,000 100% Old High School - 36,050 36,050 100% Marina - Entry Sign at BBB & Federal 96,134 96,134 100% Marina - Phase 1 -B 484,145 484,145 100% Tree Art Project - Ocean Avenue - - - 48,959 48,959 100% Sub -Total Rollover FY 2011 -2012 - - - 740,288 740,288 100% Sub -Total $ 793,570 $ 897,266 $ 263,165 $ 1,177,083 $ 279,817 31% Transfers In from General Fund Other Financing Sources/Transfers In $ 1,999,561 $ 2,359,561 $ 2,359,561 $ 1,933,939 $ (425,622) -1, - Total Revenues and Transfers In $ 2,793,131 $ 3,256,827 $ 2,622,726 $ 3,111,022 $ (145,805) -4% V FY 2011 -2012 2012 -2013 Proposed vs. 2010 -2011 EXPENSES 1 Original Amended Proposed Increase /(Decrease) Department Name Budget Budget Estimate Budget Amount % Operating Expenses Contingency 76,144 76,144 75,000 $ (1,144) -2% Professional Services 50,000 131,050 95,000 86,050 $ (45,000) -34% Legal Services 65,000 65,000 65,000 45,000 $ (20,000) -31% Sub -Total $ 191,144 $ 272,194 $ 160,000 $ 206,050 $ (66,144) -24% Capital Outlav Property Purchases - 140,000 140,000 - $ (140,000) -100% Improvements 138,534 138,534 42,400 96,134 $ (42,400) -31% Construction in Progress 1,320,739 1,360,739 439,799 1,704,379 $ 343,640 25% Site Work & Demolition Fees 50,000 50,000 40,000 50,000 $ - 0 % Tree Art Project - Ocean Avenue 50,000 50,000 1,041 48,959 $ (1,041) -2% Sub -Total $ 1,559,273 $ 1,739,273 $ 663,240 $ 1,899,472 $ 160,199 9% Economic Development Programs Economic Development Grant Programs 210,000 357,200 357,200 185,000 $ (172,200) -48% Marketing Program for Merchants 20,000 40,000 40,000 75,000 $ 35,000 88% DIFA - Economic Development 554,724 536,220 536,220 489,500 $ (46,720) -9% Community Support Programs - 1,500 $ 1,500 100% Sub -Total $ 784,724 $ 933,420 $ 933,420 $ 751,000 $ (182,420) -20% Proiects & Programs Special Events 257,990 311.940 311,940 254,500 $ (57,440) -1. Total Project Fund Expenses $ 2,793,131 $ 3,256,827 $ 2,068,600 $ 3,111,022 $ (145,805) -4% Project Fund V OPERATING EXPENSES FY 2011 -2012 2012 -2013 Dept. 58100 Original Amended Proposed Change Incr /(Decr) SUMMARY - 1 Budget Budget Estimate Budget Amount % 202 CONTINGENCY $ 76,144 $ 76,144 $ - $ 75,000 $ (1,144) -2% 203 PROFESSIONAL SERVICES $ 50,000 $ 131,050 $ 95,000 $ 86,050 $ (45,000) -34% 213 LEGAL SERVICES $ 65,000 $ 65,000 $ 65,000 $ 45,000 $ (20,000) -31% $ 191,144 $ 272,194 $ 160,000 $ 206,050 1 $ (66,144) -24 %I DETAIL 202 I CONTINGENCY $ 76,144 $ 76,144 $ - $ 75,000 I 203 I PROFESSIONAL SERVICES $ 50,000 $ 131,050 $ 95,000 $ 86,050 Old High School $ - $ 51,050 $ 15.000 $ 36.050 Surveys & Appraisals $ 10,000 $ 10,000 $ 10,000 $ 10.000 Architectural Design Assistance $ 40,000 $ 70,000 S 70,000 S 40,000 213 1 LEGAL SERVICES $ 65,000 $ 65,000 $ 65,000 $ 45,000 Page 16 Project Fund V CAPITAL OUTLAY FY 2011 -2012 2012 -2013 Dept. 58200 Original Amended Proposed Change Incrl(Decr) I SUMMARY Budget Budget Estimate Budget Amount 401 PROPERTY PURCHASES $ - $ 140,000 $ 140,000 $ - $ (140,000) 0% 402 IMPROVEMENTS $ 138,534 $ 138,534 $ 42,400 $ 96,134 $ (42,400) -31% 404 CONSTRUCTION IN PROGRESS $ 1,320,739 $ 1,360,739 $ 439,799 $ 1,704,379 $ 343,640 25% 405 SITE WORK & DEMOLITION FEES $ 50,000 $ 50,000 $ 40,000 $ 50,000 $ 0 % 406 INFRASTRUCTURE &STREETSCAPE $ 50,000 $ 50,000 $ 1,041 $ 48,959 $ (1,041) -2% $ 1,559,273 $ 1,739,273 $ 663,240 $ 1,899,472 I $ 160,199 9 %1 DETAIL 401 I PROPERTY PURCHASES 1 $ - $ 140,000 $ 140,000 $ - I 402 1 ----- IMPROVEMENTS $ 138,534 $ 138,534 $ 42,400 $ 96,134 Marina Entry Signage at SE corner of BBB $ 118,534 $ 118,534 $ 22,400 $ 96.134 Banners - BBB & Ocean Ave reinforcing Marina District $ 20.000 $ 20,000 $ 20,000 $ 404 i CONSTRUCTION IN PROGRESS $ 1,320,739 $ 1,360,739 $ 439,799 $ 1,704,379 ►/ $484,145 of remaining rollover reallocated to Marina - Development of Phase 1 -B $ 500.000 $ 500.000 $ 15.855 Marina phase 2 per CRA r Marina - Development of Phase 2 $ - $ - $ 1,300,000 0 $100,000 of remaining Ruth Jones Cottage - Interior $ 286,638 $ 286,638 $ 186,638 $ - rollover reallocated to other redevelopment projects Ocean Ave. Project Change Orders $ - $ 40,000 $ 40,000 $ - $150,000 of rollover Magnuson House - Commercial Use $ 336,795 $ 336.795 $ - $ 186,795 reallocated to other redevelopment projects Schoolhouse Children's Museum HUD Grant $ 197,306 $ 197,306 $ 197,306 $ - _ Parking Redevelopment Planning $ - $ - $ - $ 217,584 I 405 I SITE WORK & DEMOLITION $ 50,000 $ 50,000 $ 40,000 $ 50,000 I 406 1 INFRASTRUCTURE & STREETSCAPE $ 50,000 $ 50,000 $ 1,041 $ 48,959 Tree Art Project - Ocean Avenue $ 50,000 $ 50,000 $ 1,041 $ 48,959 Page 17 Project Fund V ECONOMIC DEVELOPMENT PROGRAMS FY 2011 -2012 2012 -2013 Dept. 58400 Original Amended Proposed Change Incr /(Decr) SUMMARY Budget Budget Estimate Budget Amount 440/444 COMMERCIAL BUSINESS GRANTS $ 210,000 $ 357,200 $ 357,200 $ 185,000 $ (172,200) -48% 445 MARKETING INCENTIVE PROGRAM $ 20,000 $ 40,000 $ 40,000 $ 75,000 $ 35,000 88% 443 DIRECT INCENTIVE FUNDING AGREEMENTS (DIFA) $ 554,724 $ 536,220 $ 536,220 $ 489,500 $ (46,720) -9% 470 COMMUNITY SUPPORT PROJECTS $ - $ - $ - $ 1,500 $ 1,500 100% $ 784,724 $ 933,420 $ 933,420 $ 751,000 I $ (182,420) -20 %I DETAIL $ 230,000 $ 397,200 $ 397,200 $ 260,000 Economic Development Programs (Commercial 440/444 Facade, Interior Build -Out, Rent Subsidy, Signage) $ 210,000 $ 357,200 $ 357,200 $ 185,000 445 Market Program for Merchants $ 20,000 $ 40,000 $ 40,000 $ 75,000 443 I DIRECT INCENTIVE FUNDING AGREEMENTS $ 554,724 $ 536,220 $ 536,220 $ 489,500 DIFA - The Preserve (Year 1 of 10) $ 40,000 $ - $ - $ 32,000 DIFA - The Promenade (Year 3 of 10) $ 392,224 $ 413,720 $ 413,720 $ 390,000 DIFA - Wal -Mart (Year 1 of 10) $ - $ - $ - $ 45,000 Wal -Mart Brownfield Payment (Year 2 of 4) $ 22,500 $ 22,500 $ 22,500 $ 22,500 Palm Beach County Regions Grant Refunds - Boynton Delray Academy & Village Ice Cream $ 100,000 $ 100,000 $ 100,000 $ - I 470 I COMMUNITY SUPPORT PROJECTS $ - $ - $ - $ 1,500 Realtor Training in Historic Preservation - Approved at CRA Board Meeting 06 -12 -2012 for FY12 -13 $ - $ - $ - $ 1,500 Page 18 Project Fund V PROJECTS & PROGRAMS 1 FY 2011 -2012 2012 -2013 Dept. 58500 Original Amended Proposed Change Incr /(Decr) SUMMARY Budget Budget Estimate Budget Amount 480 I SPECIAL EVENTS $ 257,990 $ 311,940 $ 311,940 $ 254,500 (57,440) .1801, DETAIL I 480 I SPECIAL EVENTS $ 257,990 $ 311,940 $ 311,940 $ 254,500 Holiday Extravaganza $ 100,000 $ 100,000 $ 100,000 $ 100,000 - Parade $ 20,000 $ 20,000 $ 20,000 $ 20,000 - Tree, Lighting, Holiday Decorations $ 20,000 $ 20,000 $ 20,000 $ 20,000 - Concert $ 60,000 $ 60,000 $ 60,000 $ 60,000 Salute to Independence - 4th of July $ 75,290 $ 75,290 $ 75,290 $ - - Fireworks $ 50,000 $ 50,000 $ 50,000 $ - - Barge $ 14,000 $ 14,000 $ 14,000 $ - - Concert & Security $ 11,290 $ 11,290 $ 11,290 $ Ocean Avenue Concert Series $ 6,000 $ 6,000 $ 6,000 $ 15,000 - January /February/March /April /May Other Events $ 76,700 $ 130,650 $ 130,650 $ 139,500 - Boat Parade $ 5,000 $ 5,000 $ 5,000 $ 11,000 - Ocean Avenue Park - Sunday Concerts $ - $ - $ - $ 7,500 - Movies on the Ave $ 7,500 $ 7,500 $ 7,500 $ 15,000 - Community Farmers Market $ - $ $ - $ 3,500 - Kinetic Symposium $ - $ 26,050 $ 26,050 $ 5,000 - General Event Support $ - $ 20,000 $ 20,000 $ 20,000 - Pirate Event on- Ocean Avenue $ 45,000 $ 45,000 $ 45,000 $ 77,500 - Sunday Family Funday at Marina $ 13,200 $ 13,200 $ 13,200 $ - Mayor's Challenge Family Fun Run/Walk $ 1,000 $ 1,000 $ 1,000 $ - Amphitheatre- Downtown Open Market $ 5,000 $ 5,000 $ 5,000 $ - Heritage Fest $ - $ 7,900 $ 7,900 $ -- Page 19 Boynton Beach CRA Debt Service Fund - Budget Summary 2011 -2012 2012 -2013 I Change Incr /(Decr) Funding Sources Budget Budget Amount Transfers In from General Fund $ 2,513,513 $ 2,112,150 (401,363) -16% Fund Balance Allocation $ - $ 400,000 400,000 100% $ 2,513,513 $ 2,512,150 $ (1,363) 0% Expenses Bank of America Loan Loan Principal $ 232,960 $ 246,708 13,748 6% Loan Interest $ 71,877 $ 58,130 (13,748) -19% Bond #1 Principal S 695,000 $ 725,000 30.000 4% Interest $ 690,900 $ 664,838 (26,063) -4% Bond #2 Principal $ 300,000 $ 310,000 10,000 3% Interest $ 522,275 $ 506,975 (15,300) -3% Financial Agent Fees $ 500 $ 500 - 0% Total Debt Service Fund Expenses $ 2,513,513 $ 2,512,150 $ (1,363) 0% Page 20 BOYNTON BEACH CRA DEBT OVERVIEW BUDGET WORKSHEET FOR THE FISCAL YEAR OCTOBER 1, 2012 - SEPTEMBER 30, 2013 FUND TYPE DUE DATE DESCRIPTION PRINCIPAL PRINCIPAL INTEREST Total Prin. PRINCIPAL BAL. AS OF 10/01/12 PAYMENT PAYMENT + Interest AS OF 09/30/2013 DEBT SERVICE LOAN 3/20/2013 BANK OF AMERICA LOAN 51,076,175.01 $121,848.03 $30,570.84 $152,418.87 LOAN 9/20/2013 Expires Sept., 2016 - 5.65% $124,860.03 527,558.84 5152,418.87 5246,708.06 558,129.68 $304,837.741 1 $829,466.95 DEBT SERVICE BOND #1 4/1/2013 2004 BONDS 514.140,000.00 5332,418.75 $332,418.75 BOND #1 9/30/2013 Expires Sept., 2024 - 3% to 5% 5725,000.00 5332,418.75 51,057,418.75 5725,000.00 $664,837.50 $1,389,837.50 513,415,000700 DEBT SERVICE BO$D#2 4/1/201 2005 BONDS 59,680,000.00 $253,487.50 $253,487.50 BOND #2 9/30/2013 Expires Sept., 2026 - 4.6% to 5.65% 5310,000.00 $253,487.50 5563,487.50 $310,000.00 $506,975.00 5816,975.001 59,370,000.00 TOTAL DEBT SERVICE FY 2012 -2013 Principal $ 1,281,708 $23,614,467 Interest $ 1,229,942 Fee $ 500 Total $ 2,512,150 Page 21 BOYNTON BEACH CRA DEBT SERVICE REQUIREMENTS PRINCIPAL & INTEREST YEAR BOA LOAN BOND # 1 BOND # 2 TOTAL FY 2012 -2013 $ 304,838 $ 1,389,838 $ 816,975 $ 2,511,650 FY 2013 -2014 $ 304,838 $ 1,385,838 $ 821,165 $ 2,511,840 FY 2014 -2015 $ 304,838 $ 1,385,838 $ 824,335 $ 2,515,010 FY 2015 -2016 $ 304,838 $ 1,389,638 $ 821,485 $ 2,515,960 FY 2016 -2017 $ 1,705,000 $ 810,863 $ 2,515,863 FY 2017 -2018 $ 1,706,750 $ 809,675 $ 2,516,425 FY 2018 -2019 $ 1,705,500 $ 807,358 $ 2,512,858 FY 2019 -2020 $ 1,706,250 $ 808,910 $ 2,515,160 FY 2020 -2021 $ 1,702,250 $ 809,050 $ 2,511,300 FY 2021 -2022 $ 1,707,250 $ 807,778 $ 2,515,028 FY 2022 -2023 $ 1,703,500 $ 810,093 $ 2,513,593 FY 2023 -2024 $ 1,706,250 $ 805,713 $ 2,511,963 FY 2024 -2025 $ 2,514,920 $ 2,514,920 FY 2025 -2026 $ 2,512,665 $ 2,512,665 TOTAL $ 1,219,351 $ 19,193,900 $ 14,780,983 $ 35,194,233 Interest Rates 5.65% 3% - 5% 4.6% - 5.6% Page 22 B BEACH LRA CRA BOARD MEETING OF: September 11, 2012 Consent Agenda I X I Old Business I New Business Public Hearing Other SUBJECT: Consideration of Resolution No. 12 -05 Authorizing the CRA Board to Enter into a Rate Lock Agreement with PNC Bank for the Refunding of 2004 and a portion of 2005 Bonds SUMMARY: As discussed at the CRA Budget Meeting on August 22, 2012, an analysis was undertaken by the Financial Advisor to the CRA and City (Jay Glover, The PFM Group) indicating the potential for interest rate savings on the CRA's Series 2004 Bond and the Series 2005A Bond, thereby reducing the CRA's debt service payments. Interest rates for the portion of the bonds for potential refunding are 4 -5 %. An RFP was issued by the Financial Advisor giving the option for refunding of the 2004 Bond alone (total not to exceed $13 million) or include Series 2005A Bond for a total loan not to exceed $16.3 million. Based on the evaluation of the proposals and further discussion with the respondents, PNC Bank was chosen as the most responsive to the needs of the CRA. Key terms: (1) Structured as a bank loan to the CRA (2) City Guaranty to remain in place (3) Refunding of Series 2004 and Series 2005A for a total loan not to exceed $16.3 million (4) Loan will mature in 2026 (same as current maturity) (5) Interest Rate of 2.56% If the CRA Board approves the Rate Lock Agreement and dependent upon the finalization of the loan documents, the CRA could recognize: (6) Net Present Value Savings of $1,145,362 (7) Total Debt Service payment savings of $2.58 million over the life of the loan (over $200,000 annually in the first 12 years of the loan). T :\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \September 2012 \Bond Refunding -Rate Lock Agreement -Resol No. 12-05 doc The Rate Lock Agreement is the first step in the process of the bond refunding. The following schedule has been provided by Jay Glover, Financial Advisor and Mark Raymond, Bond Counsel. • September 11, 2012 — CRA Board approval of rate lock agreement • September 12, 2012 — City of Boynton Beach notice to taxing authorities about issuance of debt. As explained by Bond Counsel, under the CRA statutes, the CRA cannot incur the debt (including the refunding debt) without city approval, and the city by the CRA statutes cannot approve CRA debt until a notice to taxing authorities disclosing the proposed debt issuance has been sent at least 15 days before the approval. • October 2, 2012 — City Commission approval of financing documents • October 9, 2012 — CRA Board approval of financing documents • October 18, 2012 — Closing It should be noted that if the CRA Board approves the Rate Lock Agreement and the loan is not closed, the CRA is subject a breakage fee, the amount of which will be dependent upon the prevailing interest rates. FISCAL IMPACT: Potential savings of $2.58 million in debt service payments. CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve Resolution No. 12 -05 authorizing the CRA to enter into a Rate Lock Agreement with PNC Bank, P / Susan Harris Finance Director r\Ar,FNnAS ct7NSFNT AGENDAS. MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings\September 2012 \Bond Refunding -Rate RESOLUTION NO. 12 -05 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING THE AGENCY TO ENTER INTO A RATE LOCK AGREEMENT WITH PNC BANK, NA; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "Agency "): SECTION 1. Authorization ofRate Lock. The Agency is authorized to enter into the Rate Lock Agreement with PNC Bank, NA in the form attached hereto as Exhibit A. SECTION 2. Authorization to Execute Escrow Structuring Letter. The Agency is authorized to execute the Escrow Structuring Engagement Letter with Public Financial Management in the form attached hereto as Exhibit B. SECTION 3. General Authority. The members of the Board of Commissioners and the Agency's officers, attorneys and other agents and employees are hereby authorized to do all acts and things required of them by this Resolution or desirable or consistent with the requirements hereof for the full, punctual and complete performance of all of the terms, covenants and agreements contained in the Rate Lock Agreement and this Resolution. SECTION 4. Effective Date. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED THIS 1 lth DAY OF SEPTEMBER, 2012. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By x. Chair APPROVED AS TO " • AND LEG .t SUF' 'NCY: By: 4/ Agency ' ttorney CPNC September 7, 2012 Board of Commissioners Boynton Beach Community Redevelopment Agency Re: Forward Fixed Rate Lock Letter The Boynton Beach Community Redevelopment Agency (the `Borrower ") has requested that PNC Bank, National Association (the "Bank ") provide the Borrower with a forward rate commitment (the "Forward Rate ") for the Borrower's loan (the "Facility ") described in our Summary of Terms and Conditions of August 27, 2012, and as revised September 4, 2012, as attached hereto as Exhibit A, and as set forth in the amortization schedule attached hereto as Exhibit B (the "Terms and Conditions "). The Forward Rate is offered at a fixed rate of 2.56% per annum for a principal amount of approximately $16,300,000 to fund no later than October 18, 2012 (the "Rate Lock Expiration Date "). The Bank is willing to commit to the Forward Rate upon the Terms and Conditions, subject to execution and delivery of the definitive documentation for the Facility in form and content satisfactory to the Bank and satisfaction of the Terms and Conditions. The documentation must be executed and delivered and funding of the Facility must occur by a date (the "Closing Date ") which is no later than the Rate Lock Expiration Date. By accepting this letter, the Borrower agrees that if the Facility fails to fund on or before the Closing Date, of if the amount of the Facility or the amortization thereof is less than that set forth on the attached amortization schedule by more than $100,000.00 in the aggregate, in either case for any reason other than the Bank's inability or refusal to close the Facility on or before the Rate Lock Expiration Date and on the Terms and Conditions, the Borrower shall pay to the Bank the Breakage Fee (as hereinafter defined). Such payment shall be due two (2) business days after the Bank gives notice to the Borrower of the amount thereof, setting forth in reasonable detail the basis for the calculation thereof. The Borrower acknowledges and agrees that such amount represents reasonable compensation for loss of bargain and is not a penalty. The Breakage Fee shall be calculated by assuming that the Facility funded in full on the Closing Date and with an amortization consistent with that attached hereto, and that immediately thereafter the Borrower prepaid the Facility to the extent not funded or funded inconsistent with the attached amortization. "Breakage Fee" means an amount equal to the present value, if positive, of the product of (a) the difference between (i) the yield (the "Discount Yield "), on the date hereof, of a non - callable U.S. Treasury obligation with a maturity equal to the last day of the Applicable Interest Period minus (ii) the yield on the prepayment date, of a non - callable U.S. Treasury obligation with a maturity equal to the remaining maturity of the Applicable Interest Period, and (b) the principal amount prepaid, and (c) the number of years, including fractional years, from the prepayment date to the end of the Applicable Interest Period. The yield as of any Board of Commissioners Boynton Beach Community Redevelopment Agency September 7, 2012 Page 2 date of any U.S. Treasury obligation shall be determined by reference to Federal Reserve Statistical Release I-1.15 (519) "Selected Interest Rates" published as of such date. In the event there is no U.S. Treasury obligation with a maturity exactly equal to the maturity referred to herein, then the yield shall be determined by linear interpolation between the published maturities immediately prior to andunmediately after the required maturity. For purposes of making present value calculations, the Discount Yield for each Applicable Interest Period shall be deemed the discount rate as to that Applicable Interest Period. For purposes of determining the Breakage Fee, a separate calculation shall be made with respect to each principal amortization payment date (including the final maturity date) (each such date being the last day of the "Applicable Interest Period ") as shown on the attached amortization schedule, and the sum of such calculations shall be the Breakage Fee. The Bank agrees that the obligations of the Borrower hereunder shall be payable solely from the tax increment revenues received by the Borrower and deposited in the redevelopment trust fund of the Agency pursuant to Section 163.387, Florida Statutes, subject and subordinate to the pledge thereof and lien thereon created pursuant to the Borrower's Resolution No. 04 -04, adopted December 6, 2004 and to the pledge thereof and lien thereon given to secure the Borrower's promissory note, dated September 20, 2001, made by the Borrower in the principal amount of $3,000,000.00 and payable to Bank of America, N.A. This letter is governed by the laws of the State of Florida. No modification or waiver of any of the terms of this letter will be valid unless agreed to in writing by the Bank. When accepted, this letter will constitute the entire agreement between the Bank and the Borrower concerning the Forward Rate, and shall supersede all prior and contemporaneous understandings and agreements (written or oral) relating thereto. To accept this letter, please sign the enclosed copy where indicated below and return it to the Bank no later than the Bank's close of business on September 12, 2012. If this letter is not accepted by said date, this letter will automatically terminate without liability or fiirther obligation of the Bank. Very truly yours, PNC BANK, NATIONAL ASSOCIATION By: Arlie 40 AL�'"' � - Name: Jerry D. Stanforth Title: Senior Vice President Board of Commissioners Boynton Beach Community Redevelopment Agency September 7, 2012 Page 3 ACCEPTANCE The Borrower hereby agrees to the above provisions, intending to be legally bound hereby. The Borrower understands that the above provisions may obligate the Borrower to make a significant payment to the Bank, and the amount of any such payment cannot be predicted in advance of such event. The Borrower is fully informed of and is capable of evaluating, and has evaluated, the potential financial risks and benefits and the appropriateness in light of its individual circumstances, of this letter. The Borrower is entering into this letter in reliance only upon its own judgment, and is not relying upon any representations, warranty, views or advice of the Bank. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA By: �_ = ;' Name: Title: Date: September 12, 2012 (91)..- PN August 27, 2012 September 4, 2012 Mr. E. Barrett Atwood, Sr., CPA Mr. Jay Glover Director of Finance Senior Managing Consultant City of Boynton Beach Public Financial Management 100 E. Boynton Beach Boulevard 300 South Orange Avenue Boynton Beach, Florida 33435 Suite 1170 Orlando, Florida 32801 Ms. Susan Harris Finance Director City of Boynton Beach Community Redevelopment Agency 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Boynton Beach Community Redevelopment Agency, Florida — Request for Bank Loan Proposals — Tax Increment Revenue Refunding Bond Dear Ms. Harris, Mr. Atwood & Mr. Glover: Attached you will find the terms and conditions for a $16,300,000 Tax Exempt Non Bank Qualified Bank Loan for the Boynton Beach Community Redevelopment Agency (the "Agency "). PNC Bank, NA is excited for the opportunity to assist the AGENCY in the completion of this transaction. PNC brings a team- oriented approach to each financing, offering deep industry experience and sound technical expertise. Furthermore, PNC believes in developing full relationships with its clients. We work hard to comprehensively understand our clients' unique financial needs, and leverage the complete capabilities of the bank to respond with thorough, thoughtful solutions. PNC is pleased be able to support the Boynton Beach Redevelopment Agency in this credit financing solution and aims to get the transaction completed in a timely fashion. if you have any questions or need any additional information, please do not hesitate to contact me at 407 -245- 3237 or via email at jerry.stanforth@pnc.com. Regards, i2 7 -_____ .0# I "; Jerry D. Stanfoi i Senior Vice President The PNC Financial Services Group Boynton Beach Community Redevelopment Agency, Florida $16,300,000 Non -Bank Qualified Bank Loan Summary of Terms and Conditions This Summary of Terms and Conditions is not a commitment or an offer to lend and does not create any obligation on the part of the Bank. The Bank will not be deemed to extend any commitment to the Borrower unless and until a formal commitment letter is issued. This outline is only a brief description of the principal terms of the suggested loan and is intended for discussion purposes only. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA SUMMARY OF TERMS AND CONDITIONS August 27, 2012 Revised September 4, 2012 Borrower: Boynton Beach Community Redevelopment Agency (`Agency" or the "Borrower") Bank: PNC Bank, National Association (the "Bank ") Amount: Subject to credit approval and documentation, PNC proposes to provide up to $16,300,000 Tax Exempt Non -Bank Qualified Bank Loan dependent upon the Tenn Option elected by the Agency. Purpose: The proceeds of the Loan will be used to refund the Agency's Tax Increment Revenue Bonds, Series 2004 maturing October 1, 2015 through October 1, 2024 for Option 1, October 1, 2022 for Option 2 and October 1, 2026 for Option 3. (the "Refunded Bonds "). The Agency's Tax Increment Revenue Bonds, Series 2005A; Tax Increment Revenue Bonds, Taxable Series 2005B; and unfunded Tax Increment Revenue Bonds, Series 2004 possess a parity pledge of the Tax Increment Revenues of the Agency. Collateral: The Loan will be issued in an amount not to exceed $16.3 million. The payment of the principal of and interest on the Loan shall be secured by a pledge of and lien upon the Agency's Tax Increment Revenues as provided in the Bond Resolution. In the event Tax Increment Revenues are not sufficient in any given year to make payments due on the Loan, the City of Boynton Beach (the "City") agrees to covenant to budget and appropriate from legally available non ad valorem revenues an amount to make up any shortfall. Amortization & Maturity: Principal due annually beginning on October 1, 2014 and each October 1 thereafter until the final maturity date of October 1, 2024 for Option 1. Option 2 would require a 10 -year put with a final maturity on October 1, 2022. The final maturity on Option 3 would be October 1, 2026. Amortization to be scheduled as reflected in the Request for Proposal. 2. Boynton Beach Community Redevelopment Agency, Florida $16,300,000 Non -Bank Qualified Bank Loan Summary of Terms and Conditions Interest Rate: Option 1 Maturity 10/1/24 Tax - Exempt Non -Bank Qualified Fixed Rate *: 2.31% Indicative Rate as of August 27, 2012 Option 2 10 year Put / Amortization 10/1/26 Tax - Exempt Non -Bank Qualified Fixed Rate *: 2.50% Indicative Rate as of August 27, 2012 Option 3 Maturity 10/1/26 Tax - Exempt Non -Bank Qualified Fixed Rate *: Indicative Rate as of September 4, 2012 236% *Rate will be held for fifteen (15) days from the date of this Proposal, at which point the Agency will have executed a forward rate lock letter (assuming the Loan has not closed). Repayment: Interest shall be payable semi- annually on April 1, and October I of each year commencing April 1, 2013. Interest will be accrued and payable on a 30/360 -day count basis. Principal payments wilt begin on October 1, 2013 and in accordance to the schedules as provided in the Agency's Request for Proposal. Prepayment: Prepayment at anytime within the guidelines of the Bank's Standard Make Whole provisions. Tax Considerations: If for any reason an event of taxability shall occur, the interest rate charged on the outstanding principal balance of the Bonds shall, effective as of and after the date of the occurrence of such event of taxability, be increased to, calculated and recalculated at the taxable equivalent rate. Covenants: Affirmative and negative covenants as defined in the Bond Resolution including an Additional Bonds Test of 1.50 times coverage of MADs. Expenses: All expenses incurred by the Bank shall be paid by the Borrower. These include, but are not limited to, fees and expenses of legal counsel (inside and outside) and any other expenses in connection with documenting, closing, monitoring or enforcing the Loan and shall be payable at closing or otherwise on demand. Payment by Borrower of expenses described above shall not be contingent upon the closing of the Loan, Legal fees will be for the account of Agency after documentation of the transaction has started, regardless of whether the transaction closes. Mike Witlliams of Akerman Senterfitt (or such other party mutually acceptable to both the Bank 3. Boynton Beach Community Redevelopment Agency, Florida 316,300,000 Non -Bank Qualified Bank Loan Summary of Terms and Conditions and the Borrower) will serve as bank counsel and fees would be $6,500. Representations And Warranties: The Borrower shall snake representations and warranties standard for this type of transaction, in form and substance satisfactory to the Bank. Conditions Precedent: Including, but not limited to, the following all of which shall be in form and substance satisfactory to the Bank: 1) All documentation relating to the Loan in form and substance satisfactory to the Bank. 2) Covenants as set forth in the Agency's Bond Resolution. 3) Satisfactory review of other agreements relating to the Loan. 4) Evidence that Loan is on parity with all other senior Agency debt obligations. 5) Evidence that Borrower is authorized to enter into this transaction. 6) No material adverse change in the condition, financial or otherwise, operations, properties, assets or prospects of the Borrower. 7) No material threatened or pending litigation against the borrower or additional material contingent obligations of the Borrower. 8) Delivery of opinions of counsel. 9) Payment of all legal fees. Reporting Requirements: 1) Annual audited financial statements for the borrower within 210 days of the Borrower's fiscal year end and the completion of a Covenant Compliance Certificate. 2) Budgets, forecasts and other items as may be reasonably requested by the Bank which are prepared by the Borrower Events of Default: Events of Default as defined in the Bond Resolution. Documentation: Resolution and other loan documents in form and substance satisfactory to the Banks must be executed and delivered containing representations, warranties, covenants, indemnities, conditions to 4. Boynton Beach Community Redevelopment Agency, Florida $16,300,000 Non -Bank Qualified Bank Loan Summary of Terns and Conditions lending, events of default and other provisions as are appropriate in the Bank's opinion and specified by the Bank. Governing Law: State of Florida. Consent to Florida Jurisdiction. Waiver of jury trial. Indemnification: Indemnification as defined in the Bond Resolution. S. Sep 6, 2012 1:34 pm Prepared by Public Financial Management, Inc (Finance 7.002 Boynton Beach:2012) Page 8 BOND PRICING Boynton Beach Community Redevelopment Agency Tax Increment Refunding Revenue Bonds, Series 2012 Preliminary Numbers (Subject to Change) $784,000 of DSRF will remain in place to cover unrefunded 2004 Bonds $1,058,250 of DSRF released into the escrow Maturity Bond Component Date Amount Rate Yield Price Bond Component: 10/01,2013 140,000 2.560% 2.560% 100.000 1001/2014 115,000 2.560% 2.560% 100.000 10,'01/2015 905,000 2.560% 2.560% 100.000 10 :01/2016 930,000 2.560% 2.560% 100.000 10/01/2017 1,270,000 2.560% 2.560% 100.000 10/01/2018 1,300,000 2.560% 2.560% 100 000 10/01/2019 1,335,000 2.560% 2.560% 100.000 10/01/2020 1,365,000 2 560% 2.560% 100.000 10/01/2021 1,400,000 2.560% 2.560% 100.000 10/01.2022 1,440,000 2.560% 2.560% 100.000 10/01'2023 1,470,000 2.560% 2.560% 100.000 10/01,2024 1,510,000 2.560% 2.560% 100.000 10101/2025 1,490,000 2.560% 2.560% 100.000 10/01/2026 1,530,000 2.560% 2.560% 100.000 1 6,200,000 Dated Date 10/18/2012 Delivery Date 10/18/2012 First Coupon 04/01,2013 Par Amount 16,200,000.00 Original Issue Discount Production 16,200,000.00 100.000000% Underwriter's Discount Purchase Price 16,200,000.00 100.000000% Accrued Interest Net Proceeds 16,200,000 00 One Keystone Plaza 717- 232 -2723 Suite 300 717-232-7837 Fax N. Front & Market Streets 717 - 233.6073 Alternate Fax The PFM Group Harrisburg, PA 17101 www.ofm.com September 7, 2012 Vivian L. Brooks Executive Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Dear Ms. Brooks: The purpose of this letter is to confirm our agreement that PFM Asset Management LLC ( "PFMA1M1 ") will serve as Investment Advisor to the Boynton Beach Community Redevelopment Agency (the "Issuer ") in connection with structuring the escrow (the "Escrow") related to the Issuer's Tax Increment Revenue Bond, Series 2012 (the "Bonds "). As Investment Advisor, we will analyze and model alternative Escrow structures, coordinate initial and final subscriptions for United States Treasury Securities, State and Local Government Series ( "SLGS ") with the Bureau of the Public Debt, Special Investments Branch, and prepare such cash flow and yield calculations as required by bond counsel, the verification agent, and the Issuer. By executing this engagement letter, you hereby authorize PFMAM personnel to subscribe for SLGS on behalf of the Issuer until the completion date of this engagement. This engagement shall commence on the date hereof and is expected to be completed on or around October 18, 2012. This engagement shall be deemed to be completed on the date the Escrow is established. Upon the completion of this engagement, the Issuer agrees to pay PFMAM a fee of $2,500. At the completion of this engagement, PFMAM will have no further responsibility related to the investment of the proceeds of the Bonds. PFMAM is an investment advisor, registered under the Investment Advisers Act of 1940. PFMAM agrees that it will not deal with itself or with any other affiliated company or individual in making purchases or sales of securities pursuant to this engagement, nor will we take a long or short position in securities subject to purchase or sale in connection with the issuance of the Bonds. We confirm that we have no interest in the issuance of the Bonds or the purchase or sale of Escrow securities except as described in this letter agreement. We note that our affiliate, Public Financial Management, Inc. served as financial advisor to the Issuer in connection with the issuance of the Bonds. PFMAM warrants that it has delivered to the Issuer, prior to the execution of this letter agreement, PFMAM's current Securities and Exchange Commission Form ADV, Part 2A (brochure) and Part 2B (brochure supplement). The Issuer acknowledges receipt of such documents prior to the execution of this letter agreement. You may terminate this agreement m the event of any material breach immediately upon written notice to PFMAM. PPM' Boynton Beach Community Redevelopment Agency Tax Increment Revenue Bond, Series 2012 Escrow Structuring Engagement Letter September 7, 2012 Page 2 Our obligations and responsibilities as described in this letter agreement are not assignable without the consent of the Issuer. Please have an authorized official of the Issuer sign a copy of this letter and return it to us to acknowledge the terms of this engagement. Sincerely, PPM ASSET MANAGEMENT LLC i `k c.-V4-149-en Robert Cheddar Managkng Director Accepted by BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY s••■ Authorized -igna \N o vdrou.7 14 A y Name Tide 43- 1973410 Issuer's Tax ID Number c - /1 — 0 1 Date Page 1 of 2 Pralnito, Janet From Hams, Susan Sent Wednesday, September 12, 2012 9 52 AM To Pralnito, Janet Subject. FW Boynton Beach — CRA Attachments R12 -05 - Rate Lock 8 Escrow Engagement Agreements pdf Hi Janet, Here is the CRA resolution that related to the CRA Bond Refunding I don't know if you need these or not but since the City of Boynton Beach is the guarantor I thought I would send this to you just in case there is a master file you keep Regards, Susan Susan Hams, Finance Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Phone - 561 - 737 -3256 Ext 203 Fax - 561. 737 -3258 E -mail - HarrisSu@bbfl us Web site - www boyntonbeachcra com J`Jxeeze into ,Waymlae._Clererica'a gateway la Me caftotream! From: Harris, Susan Sent: Wednesday, September 12, 2012 9 47 AM To: 'Jay Glover' Cc: Brooks, Vivian, 'mark raymond' (mark raymond @mraymondlaw com), Atwood, Barry Subject: RE Boynton Beach -- CRA Jay, The meeting went well and the item was presented and approved Attached are the documents Regards, Susan Susan Hams, Finance Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Phone - 561-737-3256 Ext 203 Fax - 561- 737 -3258 E -mad • HarrisSu@bbfLus Web site • www.boyntonbeachcra com ?aeeze beta .`.lTayrifoa. »tlaerica n C'ateatay to Me !'t4telream! From: Jay Glover [mailto GLOVERJ@pfm com] Sent: Wednesday, September 12, 2012 8.41 AM To: Hams, Susan, Brooks, Vivian, 'mark raymond' (mark raymond @mraymondlaw com), Atwood, Barry Subject: Boynton Beach -- CRA Did the meeting go OK last night? If approved please send me copy of executed rate lock agreement as well as the SLGS letter Once received we will work to finalize numbers Jay Glover 9/12/2012 Page 2 of 2 Director Public Financial Management 300 South Orange Ave Suite 1170 Orlando, FL 32801 (407) 648-2208 (407) 648-1323 fax gloveri(alpfm corn Electronic mail sent through the Internet is not secure Therefore, we cannot represent that the information in this e -mail, and any attachm 9/12/2012 BOYNTO CRA BEAC CRA BOARD MEETING OF: September 11, 2012 Consent Agenda X Old Business New Business Public Hearing Other SUBJECT: Consideration of Approval of Changes to FY 2012 -2013 Commercial Interior Build -Out Assistance Program Rules & Requirements and Application. SUMMARY: On August 22, 2012 (CRA Budget Meeting) the CRA Board approved staff's recommendations to make the following changes to the Commercial Interior Build -Out Assistance Program: 1. Applicant must have a minimum of a 50% match to the CRA funds. 2. Applicant must have a building permit prior to applying for funding. 3. Only one 90 day administrative extension will be permitted. 4. Geographic location of the business and the business type will determine the level of funding. TIER ONE BUSINESS Location: Located in the area of Ocean Avenue between Seacrest Blvd. and the Intracoastal, Boynton Beach Blvd. between 1 -95 and Federal Highway, Federal Highway between NE 7 Ave. to SE 2nd Ave. Business Types: Restaurant, Gourmet Food Market, Bakery, Clothing Boutique, Home Decor /Design, Specialty Shops- Stationery, art, gifts, sporting goods Funding: Maximum amount $22,500 if fully matched by applicant. TIER TWO BUSINESS Location: Anywhere in the CRA district. Business Types: Medical Offices, Law Offices, Real Estate Offices, Accounting Offices, Marketing Offices Funding: Maximum amount of $7,500 if fully matched by applicant. BOYNTON °� BEACH RA TIER THREE BUSINESS Location: Anywhere in the CRA district. Business Types: Any business expect those not permitted by the City zoning code and the following: Firearm Sales, Convenience Stores, Religious Goods Stores, Churches, Non - Profits, Tattoo and Body Art Shops, Take -Out Food Only, Adult Entertainment Establishments, Liquor Stores Funding: Maximum amount of $5,000 if fully matched by the applicant. Only Tier One Businesses may apply for multiple Economic Development Program grants, i.e.; Commercial Facade, Rent Reimbursement and Interior Build -Out. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan and Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve changes to FY 2012 -2013 Commercial Interior Build -Out Assistance Program Rules & Requirements and Application. Vivian L. Brooks Executive Director BOYNTONT BEAC CRA October 1, 2012 — September 30, 2013 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Rules and Requirements SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce the initial costs associated with the construction and interior finishing of a new or expanding location. Improvements must be permanent and stay with the building. The CRA reserves the right to approve or deny any Commercial Interior Build -Out Assistance Program application and to discontinue payments at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for the economic development of the CRA District. I. Program The Commercial Interior Build -Out Assistance Program offers financial assistance in the form of a reimbursable, matching (50 %) grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Items eligible for funding under the program are limited to: • Interior walls • Interior plumbing • Interior electrical system including lighting • HVAC system • Flooring • Hood & fire suppression system The Commercial Interior Build -Out Assistance Program funding may be budgeted annually by the CRA Board and awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. Initials Page 1 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 www.boyntonbeachcra . com II. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: 1. Must be a ground floor business, 2. Employ a minimum of two (2) full time employees. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty -five (35) hours per week at the prevailing Federal minimum wage. 3. Must be located within the target areas of the CRA District (see attached maps). 4. Must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 5. A new business is defined as a company in operation for less than six months or relocating to Boynton Beach. 6. An existing business is defined as being in operation for a minimum of three years at the time of application. 7. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 8. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). III. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Interior Build -Out Assistance Program: • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits • Tattoo Shops /Body Piercing /Body Art Shops • Financial Services (banking & check cashing stores) • Take -Out Foods • Adult Entertainment • Liquor Stores IV. Grant Terms and Conditions This grant is divided into three tiers. Each tier consists of different types of businesses that are eligible, the amount of funding available to the business based on job creation and the location of the business. Initial Page 2 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 ,ww ,_boyntonbeachcra corn Tier One Businesses Tier One businesses are eligible for the maximum amount of grant funding which is $22,500. The funding is based on job creation. Each full -time equivalent job created is worth $7,500.00. Tier One businesses must be located in the follow areas: • Ocean Avenue: between Seacrest Boulevard and the west side of the Intracoastal Waterway • Boynton Beach Boulevard: between 1 -95 and Federal Highway • Federal Highway: between NE 7 Avenue and SE 2 Avenue Tier One businesses must be one of the following types of businesses: • Restaurant • Gourmet Food Market • Bakery • Clothing Boutique - clothing, shoes & accessories • Home Decor /Design - home furnishings, art galleries, kitchen wares • Specialty Shops - stationery, gifts, sporting goods Only Tier One businesses are eligible for multiple Economic Development Program Grants, i.e.; Rent Subsidy & Commercial Facade. Tier Two Businesses Tier Two businesses are eligible for a maximum amount of $7,500. Tier Two businesses can be located anywhere within the CRA District. Tier Two businesses can consist of the following types of businesses: • Medical Offices • Law Offices • Real Estate Offices • Insurance Offices • Accounting Offices • Marketing Offices Tier Three Businesses Tier Three businesses are eligible for a maximum amount of $5,000. Tier Three businesses can be located anywhere within the CRA District and can consist of any other eligible business not listed in Tier One or Tier Two listed above. Initials Page 3 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 www.boyntonbeachcra.com Lease Terms If the applicant is a tenant, it must have a proposed or executed multi -year lease (two year minimum). The commercial lease must define the landlord- tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that are the tenant's responsibility. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and /or improvements. • Insurance requirements.. • Ability to terminate. • Consequences of default on the lease. V. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. Fee of $90 per applicant or owner to perform a credit check. Make check payable to: Boynton Beach CRA 2. Completed and signed application. 3. Specific list breaking down the use of the funds and providing the total cost of the project. 4. Copy of building permit receipt. 5. W9 Form (attached to grant application). 6. Resume for each business /property owner. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi -year commercial lease agreement. 9. Landlord SSN or Tax ID. 10. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 11. Two (2) years of personal tax returns for the owners of a new business. 12. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable. 13. Copy of design and construction plans associated with the proposed improvements. Initials Page 4 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 - 737 -3258 ✓ww. boyntonbeachcra.corr, 14. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15. A minimum of four (4) color digital "before" photos of the project. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Board meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial in writing. Site Visits CRA staff will conduct a site visit prior to the submittal of the grant application to the CRA Board and once the business is ready to open for operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. VI. Procedures for Reimbursement Initial Expense Reimbursement This program is designed as a matching (50 %) grant which is reimbursed on a quarterly basis. That is, all work must be completed and paid for by the applicant, prior to the CRA funds being released. The CRA will provide quarterly reimbursements to the applicant upon submittal of a complete reimbursement request package. Grant funding will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within one hundred twenty (120) days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner or tenant, if applicable, losing the grant reimbursement opportunity. Only one ninety (90) day administrative extension will be permitted. Initial Reimbursement Documentation Once the work is completed the Initial Reimbursement Request shall be summarized in a report and accompanied by the following documentation: Initials Page 5 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 www. boyntonbeachcra.com 1. Project accounting: • Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full ". Proposals for "work to be completed" or "bids" are not considered proper documentation, • Each item will be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. 2. A "release of lien" signed by each licensed contractor(s). 3. Copy of City and County business licenses. 4. Applicant shall provide color digital "during" and "after" photos of the project. Photos should be from approximately the same position as the "before" photos submitted in the application 5. For W -2 eligible employees, Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, S- corporations and 1099 -MISC eligible employees, copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. By submitting for reimbursement, the applicant warrants that all bills related to the project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits. Quarterly Reimbursement Requests By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the three consecutive quarters following the Initial Reimbursement Request. If applicant does not submit its quarterly reimbursement request with a copy of its quarterly UCT -6 form within thirty (30) days following the end of the quarter in which applicant is requesting reimbursement, applicant forfeits that quarter's reimbursement. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly funding after the Initial Reimbursement Request grant applicant must submit a written request for that quarter's reimbursement payment along with: Initials Page 6 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 - 737 -3258 ,yv.i>Itonbeachcra cot,;, For W -2 eligible employees, Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. Or For sole proprietorships, partnerships, S- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the grant application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement.. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Grantees shall allow the CRA the rights and use of photos and project application materials. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Initials Page 7 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 www.boyntonbeachcra.com BOYNTON c BEACH October 1, 2012 — September 30, 2013 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: Applicant Mailing Address: _ Business Name (D /B /A if applicable): Current Business Address: Phone: Fax: Email: Fed ID #_ Time at Current Location: Monthly Rent: Do you have an executed lease agreement: Yes No Landlord Name: Landlord SSN /EIN: Landlord's Mailing Address: New Business Address (if applicable ): New Business to Boynton Beach: Yes No Existing Business: Yes No Number of years in existence Square footage of existing location: Square footage of new location: Type of Business: - Initials Page 8 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 vvww. boyntonbeachcra.com. Number of Employees: Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA: Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No__ If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he /she is aware of the fact that he /she can be penalized by fine and /or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initials Page 9 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 www. boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Applicant/Tenant's Signature ' Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced —_ as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 10 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www. boyntonbeachcra . cy SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Property Owner's Signature Date Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 11 of 11 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 - 737 -3258 www.boyntonbeachcra.com CRA DISTRICT MAP IRIL m d a I! ...r- MIner Rd a x NL 2toth Ayr P 4 ii GaAawaY el,rc9 y NM _ 1c , S p C- ti£+ (=wok J S } martin luster King Jr Bud I Old Bo�rnIon Rd * i "."" 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Blvd N Seacrest Blvd o 2 in —..... 3 .3eascrest Blvd I-I-1 a: > < a:- 4 ..c ;3 Oa L, > 4 !:. •zi. ,... o > < , > ....■ G ;.7 LI' VI 0.1 3:3 VI _ P el F'''' 7,, 'a .-,.... a › rn i" •S: No 1 t.: Si .:_ Cr to NtAt Vat Si 113 4 - SW it St = S Pa ..",, 1, 44 NVV Zno st NW 2-11.1 vi SW 2ne St a., :.-._ < .c co a a. 3ra St .›.... NW 31cl St 4 > > 3 51 SW 3rd St < a: ..:. .s- < . , 9 ,) z 7 ' 1 et = NW 411h St 0 co to 111 ... GS •C ...:- > = NW 5th St A :437 C 'en Gatapy Way ..F.,- .4 M 7 t; NW AO, st ZD'olki 4:n St •■44. a) c 0 .D 10 ., .., - ._, A. ...., ___.-,. ...- Elft/ din 5. Form W - 9 Request for Taxpayer Give Form to the (Rev. December2011) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) N Business name /disregarded entity name, if different from above a� m «f Q- Check appropriate box for federal tax classification: c o ❑ Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate c G O 3 Limited liability company. Enter the tax classification C =C corporation, oration, S =S cor oration, P= artnershi ► ❑ Exempt payee ❑ Y P Y ( P corporation, P=partnership) O � a ❑ Other (see instructions) ■ r -- - Address (number, street, and apt. or suite no.) Requester's name and address (optional) a City, state, and ZIP code m List account number(s) here (optional) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other - - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. Part I1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person • Date • General Instructions Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W -9. noted. Definition of a U.S. person. For federal tax purposes, you are Purpose of Form considered a U.S. person if you are: A person who is required to file an information return with the IRS must • An individual who is a U.S. citizen or U.S. resident alien, obtain your correct taxpayer identification number (TIN) to report, for • A partnership, corporation, company, or association created or example, income paid to you, real estate transactions, mortgage interest organized in the United States or under the laws of the United States, you paid, acquisition or abandonment of secured property, cancellation • An estate (other than a foreign estate), or of debt, or contributions you made to an IRA. • A domestic trust (as defined in Regulations section 301.7701 -7). Use Form W -9 only if you are a U.S. person (including a resident Special rules for partnerships. Partnerships that conduct a trade or alien), to provide your correct TIN to the person requesting it (the business in the United States are generally required to pay a withholding requester) and, when applicable, to: tax on any foreign partners' share of income from such business. 1. Certify that the TIN you are giving is correct (or you are waiting for a Further, in certain cases where a Form W -9 has not been received, a number to be issued), partnership is required to presume that a partner is a foreign person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W -9 to the partnership to establish your U.S allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W -9 (Rev. 12 -2011) Form W -9 (Rev. 12 -2011) Page 2 The person who gives Form W -9 to the partnership for purposes of Certain payees and payments are exempt from backup withholding. establishing its U.S. status and avoiding withholding on its allocable See the instructions below and the separate Instructions for the share of net income from the partnership conducting a trade or business Requester of Form W -9. in the United States is in the following cases: Also see Special rules for partnerships on page 1. • The U.S. owner of a disregarded entity and not the entity, • The U.S. grantor or other owner of a grantor trust and not the trust, Updating Your Information and You must provide updated information to any person to whom you • The U.S. trust (other than a grantor trust) and not the beneficiaries of claimed to be an exempt payee if you are no longer an exempt payee the trust. and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if Foreign person. If you are a foreign person, do not use Form W -9. you are a C corporation that elects to be an S corporation, or if you no Instead, use the appropriate Form W -8 (see Publication 515, longer are tax exempt. In addition, you must furnish a new Form W -9 if Withholding of Tax on Nonresident Aliens and Foreign Entities). the name or TIN changes for the account, for example, if the grantor of a Nonresident alien who becomes a resident alien. Generally, only a grantor trust dies. nonresident alien individual may use the terms of a tax treaty to reduce Penalties or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions Failure to furnish TIN. If you fail to furnish your correct TIN to a specified in the saving clause may permit an exemption from tax to requester, you are subject to a penalty of $50 for each such failure continue for certain types of income even after the payee has otherwise unless your failure is due to reasonable cause and not to willful neglect. become a U.S. resident alien for tax purposes. Civil penalty for false information with respect to withholding. If you If you are a U.S. resident alien who is relying on an exception make a false statement with no reasonable basis that results in no contained in the saving clause of a tax treaty to claim an exemption backup withholding, you are subject to a $500 penalty. from U.S. tax on certain types of income, you must attach a statement to Form W -9 that specifies the following five items: Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties 1. The treaty country. Generally, this must be the same treaty under including fines and /or imprisonment. which you claimed exemption from tax as a nonresident alien. Misuse of TINs. If the requester discloses or uses TINs in violation of 2. The treaty article addressing the income. federal law, the requester may be subject to civil and criminal penalties. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Specific Instructions 4. The type and amount of income that qualifies for the exemption Name from tax. 5. Sufficient facts to justify the exemption from tax under the terms of If you are an individual, you must generally enter the name shown on the treaty article. your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Example. Article 20 of the U.S. -China income tax treaty allows an Administration of the name change, enter your first name, the last name exemption from tax for scholarship income received by a Chinese shown on your social security card, and your new last name. student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in If the account is in joint names, list first, and then circle, the name of the United States exceeds 5 calendar years. However, paragraph 2 of the person or entity whose number you entered in Part I of the form. the first Protocol to the U.S. -China treaty (dated April 30, 1984) allows Sole proprietor. Enter your individual name as shown on your income the provisions of Article 20 to continue to apply even after the Chinese tax return on the "Name" line. You may enter your business, trade, or student becomes a resident alien of the United States. A Chinese "doing business as (DBA)" name on the "Business name /disregarded student who qualifies for this exception (under paragraph 2 of the first entity name" line. protocol) and is relying on this exception to claim an exemption from tax Partnership, C Corporation, or S Corporation. Enter the entity's name on his or her scholarship or fellowship income would attach to Form on the "Name" line and any business, trade, or "doing business as W -9 a statement that includes the information described above to (DBA) name" on the "Business name /disregarded entity name" line. support that exemption. Disregarded entity. Enter the owner's name on the "Name" line. The If you are a nonresident alien or a foreign entity not subject to backup name of the entity entered on the "Name" line should never be a withholding, give the requester the appropriate completed Form W -8. disregarded entity. The name on the "Name" line must be the name What is backup withholding? Persons making certain payments to you shown on the income tax return on which the income will be reported. must under certain conditions withhold and pay to the IRS a percentage For example, if a foreign LLC that is treated as a disregarded entity for of such payments. This is called "backup withholding." Payments that U.S. federal tax purposes has a domestic owner, the domestic owner's may be subject to backup withholding include interest, tax - exempt name is required to be provided on the "Name" line. If the direct owner interest, dividends, broker and barter exchange transactions, rents, of the entity is also a disregarded entity, enter the first owner that is not royalties, nonemployee pay, and certain payments from fishing boat disregarded for federal tax purposes. Enter the disregarded entity's operators. Real estate transactions are not subject to backup name on the "Business name /disregarded entity name" line. If the owner withholding. of the disregarded entity is a foreign person, you must complete an You will not be subject to backup withholding on payments you appropriate Form W -8. receive if you give the requester your correct TIN, make the proper Note. Check the appropriate box for the federal tax classification of the certifications, and report all your taxable interest and dividends on your person whose name is entered on the "Name" line (Individual /sole tax return. proprietor. Partnership, C Corporation, S Corporation, Trust /estate). Payments you receive will be subject to backup Limited Liability Company (LLC). If the person identified on the withholding if: "Name" line is an LLC, check the "Limited liability company" box only 1. You do not furnish your TIN to the requester, and enter the appropriate code for the tax classification in the space provided. If you are an LLC that is treated as a partnership for federal 2. You do not certify your TIN when required (see the Part II tax purposes, enter "P" for partnership. If you are an LLC that has filed a instructions on page 3 for details), Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for 3. The IRS tells the requester that you furnished an incorrect TIN, C corporation or "S" for S corporation. If you are an LLC that is 4. The IRS tells you that you are subject to backup withholding disregarded as an entity separate from its owner under Regulation because you did not report all your interest and dividends on your tax section 301.7701 -3 (except for employment and excise tax), do not return (for reportable interest and dividends only), or check the LLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for 5. You do not certify to the requester that you are not subject to federal tax purposes. If the LLC is disregarded as an entity separate backup withholding under 4 above (for reportable interest and dividend from its owner, enter the appropriate tax classification of the owner accounts opened after 1983 only). identified on the "Name" line. Form W -9 (Rev. 12 -2011) Page 3 Other entities. Enter your business name as shown on required federal Part I. Taxpayer Identification Number (TIN) tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You Enter your TIN in the appropriate box. If you are a resident alien and may enter any business, trade, or DBA name on the "Business name/ You do not have and are not eligible to get an SSN, your TIN is your IRS disregarded entity name" line. individual taxpayer identification number (ITN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN Exempt Payee below. If you are exempt from backup withholding, enter your name as If you are a sole proprietor and you have an EIN, you may enter either described above and check the appropriate box for your status, then your SSN or EIN. However, the IRS prefers that you use your SSN. check the "Exempt payee" box in the line following the "Business name/ If you are a single- member LLC that is disregarded as an entity disregarded entity name," sign and date the form. separate from its owner (see Limited Liability Company (LLC) on page 2), Generally, individuals (including sole proprietors) are not exempt from enter the owner's SSN (or EIN, if the owner has one). Do not enter the backup withholding. Corporations are exempt from backup withholding disregarded entity's EIN. If the LLC is classified as a corporation or for certain payments, such as interest and dividends. partnership, enter the entity's EIN. Note. If you are exempt from backup withholding, you should still Note. See the chart on page 4 for further clarification of name and TIN complete this form to avoid possible erroneous backup withholding. combinations. The following payees are exempt from backup withholding: How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security 1. An organization exempt from tax under section 501(a), any IRA, or a Card, from your local Social Security Administration office or get this custodial account under section 403(b)(7) if the account satisfies the form online at www.ssa.gov. You may also get this form by calling requirements of section 401(t)(2). 1 -800- 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer 2. The United States or any of its agencies or instrumentalities, Identification Number, to apply for an ITIN, or Form SS -4, Application for 3. A state, the District of Columbia, a possession of the United States, Employer Identification Number, to apply for an EIN. You can apply for or any of their political subdivisions or instrumentalities, an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a 4. A foreign government or any of its political subdivisions, agencies, Business. You can get Forms W -7 and SS -4 from the IRS by visiting or instrumentalities, or IRS.gov or by calling 1- 800 - TAX -FORM (1- 800 - 829 - 3676). 5. An international organization or any of its agencies or If you are asked to complete Form W -9 but do not have a TIN, write instrumentalities. "Applied For" in the space for the TIN, sign and date the form, and give Other payees that may be exempt from backup withholding include: it to the requester. For interest and dividend payments, and certain 6. A corporation, payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you 7. A foreign central bank of issue, are subject to backup withholding on payments. The 60 -day rule does 8. A dealer in securities or commodities required to register in the not apply to other types of payments. You will be subject to backup United States, the District of Columbia, or a possession of the United withholding on all such payments until you provide your TIN to the States, requester. 9. A futures commission merchant registered with the Commodity Note. Entering "Applied For" means that you have already applied for a Futures Trading Commission, TIN or that you intend to apply for one soon. 10. A real estate investment trust, Caution: A disregarded domestic entity that has a foreign owner must 11. An entity registered at all times during the tax year under the use the appropriate Form W-8. Investment Company Act of 1940, Part II. Certification 12, A common trust fund operated by a bank under section 584(a), To establish to the withholding agent that you are a U.S. person, or 13. A financial institution, resident alien, sign Form W -9. You may be requested to sign by the 14. A middleman known in the investment community as a nominee or withholding agent even if item 1, below, and items 4 and 5 on page 4 custodian, or indicate otherwise. 15. A trust exempt from tax under section 664 or described in section For a joint account, only the person whose TIN is shown in Part I 4947 should sign (when required). In the case of a disregarded entity, the The following chart shows types of payments that may be exempt person identified on the "Name" line must sign. Exempt payees, see from backup withholding. The chart applies to the exempt payees listed Exempt Payee on page 3. above, 1 through 15. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and items 4 and 5 on page 4. IF the payment is for ... THEN the payment is exempt 1. Interest, dividend, and barter exchange accounts opened for ... before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the Interest and dividend payments All exempt payees except certification. for 9 2. Interest, dividend, broker, and barter exchange accounts Broker transactions Exempt payees 1 through 5 and 7 opened after 1983 and broker accounts considered inactive during through 13. Also, C corporations. 1983. You must sign the certification or backup withholding will apply. If Barter exchange transactions and Exempt payees 1 through 5 you are subject to backup withholding and you are merely providing dividends your correct TIN to the requester, you must cross out item 2 in the patronage certification before signing the form. Payments over $600 required to be Generally, exempt payees 3. Real estate transactions. You must sign the certification. You may reported and direct sales over 1 through 7 2 cross out item 2 of the certification. $5,000 ' See Form 1099 -MISC, Miscellaneous Income, and its instructions. 'However, the following payments made to a corporation and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Form W -9 (Rev. 12 -2011) Page 4 4. Other payments. You must give your correct TIN, but you do not Note. If no name is circled when more than one name is listed, the have to sign the certification unless you have been notified that you number will be considered to be that of the first name listed. have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for Secure Your Tax Records from Identity Theft rents, royalties, goods (other than bills for merchandise), medical and Identity theft occurs when someone uses your personal information health care services (including payments to corporations), payments to such as your name, social security number (SSN), or other identifying a nonemployee for services, payments to certain fishing boat crew information, without your permission, to commit fraud or other crimes. members and fishermen, and gross proceeds paid to attorneys An identity thief may use your SSN to get a job or may file a tax return (including payments to corporations). using your SSN to receive a refund. 5. Mortgage interest paid by you, acquisition or abandonment of To reduce your risk: secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or • Protect your SSN, HSA contributions or distributions, and pension distributions. You • Ensure your employer is protecting your SSN, and must give your correct TIN, but you do not have to sign the certification. • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a What Name and Number To Give the Requester notice from the IRS, respond right away to the name and phone number For this type of account: Give name and SSN of: printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you 1. Individual The individual think you are at risk due to a lost or stolen purse or wallet, questionable 2. Two or more individuals (joint The actual owner of the account or, credit card activity or credit report, contact the IRS Identity Theft Hotline account) if combined funds, the first individual on the account at 1- 800 - 908 -4490 or submit Form 14039. 3. Custodian account of a minor For more information, see Publication 4535, Identity Theft Prevention The minor' (Uniform Gift to Minors Act) and Victim Assistance. 4. a. The usual revocable savings The grantor - trustee Victims of identity theft who are experiencing economic harm or a trust (grantor is also trustee) system problem, or are seeking help in resolving tax problems that have b. So called trust account that is The actual owner not been resolved through normal channels, may be eligible for not a legal or valid trust under Taxpayer Advocate Service (TAS) assistance. You can reach TAS by state law calling the TAS toll -free case intake line at 1- 877 - 777 -4778 or TTY/TDD 5. Sole proprietorship or disregarded The owner 1 - 800 - 829 - 4059. entity owned by an individual 6. Grantor trust filing under Optional The grantor' Protect yourself from suspicious emails or phishing schemes. Form 1099 Filing Method 1 (see Phishing is the creation and use of email and websites designed to Regulation section 1.671 4(b)(2)(i)(A)) mimic legitimate business emails and websites. The most common act For this type of account Give name and EIN of: is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering 7. Disregarded entity not owned by an The owner private information that will be used for identity theft. individual 8. A valid trust, estate, or pension trust Legal entity " The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask 9. Corporation or LLC electing The corporation taxpayers for the PIN numbers, passwords, or similar secret access corporate status on Form 8832 or information for their credit card, bank, or other financial accounts. Form 2553 10. Association, club, religious, The organization If you receive an unsolicited email claiming to be from the IRS, charitable, educational, or other forward this message to Phishing @irs.gov. You may also report misuse tax - exempt organization of the IRS name, logo, or other IRS property to the Treasury Inspector 11. Partnership or multi member LLC The partnership General for Tax Administration at 1- 800 - 366 -4484. You can forward 12. A broker or registered nominee The broker or nominee suspicious emails to the Federal Trade Commission at: spam @uce.gov 13. Account with the Department of The public entity or contact them at www.ftc.gov /idtheft or 1- 877 - IDTHEFT Agriculture in the name of a public (1 entity (such as a state or local Visit IRS.gov to learn more about identity theft and how to reduce government, school district, or your risk. prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671- 4(b)(2)(i)(B)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. I Circle the minor's name and furnish the minor's SSN. 'You must show your individual name and you may also enter your business or "DBA" name on the "Business name /disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. 'Note. Grantor also must provide a Form W -9 to trustee of trust. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Use black ink. Example A - Handwritten Example B - Typed Florida Department of Revenue Employer's Quarterly Report Employers are required to file quarterly tax/wage reports regardless of employment activity or whether any taxes are due. ®11©EM❑ ® ❑ 0 ±Etil ✓ 7❑ uc- Use Black Ink to Complete This Form L R. 03/ QUARTER ENDING DUE DATE PENALTY AFTER DATE TAX RATE UT ACCOUNT NUMBER 1 J Li Do not make any changes If you do not have an account number, you to the pre - printed are required to register (see instructions). if chanes are needed, 1111 III III 1111111111 V I II IIII II request and complete an F.E.I. NUMBEH i _ I — _— Employer Account -- Change Form (UCS -3). FOR OF IGI L USE ONLY POSTMARK D*1E — — — Reverse Side Must be Completed / I / Name — Mailing 2. Gross wages paid this quarter 9 (Must total all pages) Address II = t — = �� _ — City /St/ZIP 3. Excess wages paid this quarter (See instructions) 1 • — 4 . Taxable wages paid this quarter I I I 9 1 ' — — — Location (See instructions) — — — — — . — — Address 5. Tax due 1 ' —' city/stall, (Multiply Line 4 by Tax Rate) — — — — — ---• — �—{ ^ • . — — 6. Penalty due 1. Enter the total number (See instructions) _ _ — of full -time and part-time 1st Month 1 1 — — 7. Interest due ' ' — ■ covered workers who — — 5 — — — (See instructions) performed services during 2nd Month ' — • — — or received pay for the 8. Installment tee payroll period including the — — ; f I 9a . S (See instructions) 12th of the month. 3rd Month I I amount • (See due c I ' 1 1 1 ( instructions) - Check if final return: / 1 I / 9b — — '— '— ■ (See instructions) Enclosed — Date operations ceased. (See nstructions) ' ' ■ — _ - Check if you had out -of -state wages. Attach Employer's If you are filing as a sole proprietor, is this for Quarterly Report for Out - of - State Taxable Wages (UCT -6NF). domestic (household) employment only? Yes No Under penalties of perjury. I declare that I have read this return and the facts stated in it are true (sections 443.171(5) and 443.141(2), Florida Statutes). T Title Sign here Phone 1 Fax { ) Signature of officer Date ) — ' Preparer's , Preparer check Preparers 110, signature if self - employed SSN or PTIN Paid preparers Firm's name (or yours Date FEIN Only if self - employed) — - ` - ' -- 7 and address ZIP Preparer's i phone number ( ) DO NOT ... , DETACH Rule 60BB -2.037 Employer's Quarterly Report Payment Coupon UCT 6 Florida Administrative Code R. 03/12 Florida Department of Revenue COMPLETE and MAIL with your REPORT /PAYMENT. / DOR USE ONLY T Please write your UT ACCOUNT NUMBER on check. n / , 1 / L Make check payable to: Florida U.C. Fund_ T POSTMARK OR HAND-DELIVERY ( DATE f,/ UT ACCOUNT NO, 1 I I I I _ 1 U.S. Dollars 1 I cents 1 F.E.I. NUMBER — GROSS WAGES 1 — I — (From Line 2 above.) — �— — ,— — — AMOUNT ENCLOSED I I I 1 — (From Line 9b above.) !-- 1 PAYMENT FOR QUARTER Name ENDING MM/YY Mailing Address Check here if you are electing to Check here if you transmitted City /St/ZIP pay tax due in installments. funds electronically. L 9100 0 99999999 0068054031 7 5009999999 0000 4 11111111111111111111111111111111111 Flr ide required 1)epartmen a w Re Emplo e nt c QuarteMy a Report due R 03/12 Use Black Ink to Complete This Form QUARTER ENDING EMPLOYER'S NAME UT ACCOUNT NUMBER 10. EMPLOYEE'S SOCIAL SECURITY NUMBER 11. EMPLOYEE'S NAME (please print first twelve characters of last name and first 12a. EMPLOYEE'S GROSS WAGES PAID THIS QUARTER eight characters of first name in boxes) 12b. EMPLOYEE'S TAXABLE WAGES PAID THIS QUARTER Only the first $8,000 paid to each employee per calendar year is taxable. — — — — 1 I Last Name I 11 12a. 7 — -- ! --- • — — First Middle Name I 1I Initial 12b. 1 • I I — Last ! _ - - - I Name —_— 12a. ' — ' — First Middle Name I I I Initial 1 1 I I 12b. • l — ! — 1 I Name I 1 12a. I — -- — First Middle • — — — Name 1 1 I 1 Initial I 1211 — ! — — • — — Last Name I I — . IIII I I 1 2a. _ _ _ • _ _ First Middle ! ! • 1� I I Name 1 11 1 Initial 12b. • — -- — I Name 1 1 - - -= Il — 12a. 1 ! ! - -• — Last First Middle Name Initial 12b. Last — — — 1 Name — — 12a. I , 1 1 , — I I • — — First Middle Name I Initial I 12b. Last I 1 11 — I — 1 Name - -I I - - -- 1 12a. — — I — ___ • -- First Middle ____I Name Initial 12b. — — — ' — — • — — I - - I I — I I Name 12a. 11 -- — — — , - -_! = —• — First 1 1 11 1 Middle 1 I I Name 'rite' 12b. ' • — 13a. Total Gross Wages (add Lines 12a only). Total this page only. I ,I I ! — Include this and totals from additional pages in Line 2 on page 1. J — • L 13b. Total Taxable Wages (add Lines 12b only). Total this page only. — Include this and totals from additional pages in Line 4 on page 1. ' • DO NOT DETACH Mail Reply To: Social security numbers (SSNs) are used by the Florida Department of Revenue as unique Unemployment Tax identifiers for the administration of Florida's taxes. SSNs obtained for tax administration Florida Department of Revenue purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not 5050 W Tennessee St Bldg L subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399 -0180 and federal law. Visit our Internet site at www.myflorida.com /dor and select "Privacy Notice" for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Tired of paperwork? We can help! File and pay your Florida unemployment tax online. It's fast, easy, accurate, and secure. Internet Address: www.myflorida.com /dor BOYNTON �::.BEACH CRA BOARD MEETING OF: September 11, 2012 Consent Agenda X Old Business New Business Public Hearing Other SUBJECT: Consideration of Approval of Changes to FY 2012 -2013 Commercial Rent Reimbursement Program Rules & Requirements and Application. SUMMARY: On August 22, 2012 (CRA Budget Meeting) the CRA Board approved staff's recommendations to make the following changes to the Commercial Rent Reimbursement Program: TIER ONE BUSINESS Location: Located in the area of Ocean Avenue between Seacrest Blvd. and the Intracoastal, Boynton Beach Blvd. between 1 -95 and Federal Highway, Federal Highway between NE 7th Ave. to SE 2nd Ave. Business Types: Restaurant, Gourmet Food Market, Bakery, Clothing Boutique, Home Decor /Design, Specialty Shops- Stationery, art, gifts, sporting goods Funding: $600 per month for 1 year (Maximum total of grant $7,200) TIER TWO BUSINESS Location: Anywhere in the CRA district. Business Types: Medical Offices, Law Offices, Real Estate Offices, Accounting Offices, Marketing Offices Funding: $500 per month for 1 year (Maximum total of grant $6,000) TIER THREE BUSINESS Location: Anywhere in the CRA district. Business Types: Any business expect those not permitted by the City zoning code and the following: Firearm Sales, Convenience Stores, Religious Goods Stores, Churches, Non - Profits, Tattoo and Body Art Shops, Take -Out Food Only, Adult Entertainment Establishments, Liquor Stores Funding: $400 per month for 1 year (Maximum total of grant $4,800) BOYNTON Y BEACH Only Tier One Businesses may apply for multiple Economic Development Program grants, i.e.; Commercial Facade, Rent Reimbursement and Interior Build -Out.. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan and Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve changes to FY 2012 -2013 Commercial Rent Reimbursement Program Rules & Requirements and Application. Vivian L. Brooks Executive Director BOYNTON c asseiBEACH October 1, 2012 — September 30, 2013 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program Rules and Requirements SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. The Commercial Rent Reimbursement Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the CRA District. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. I. Program The Commercial Rent Reimbursement Program offers financial assistance in the form of quarterly rent reimbursement. The time period of eligibility for assistance is up to twelve months within the first eighteen months of a multi -year lease. The Commercial Rent Reimbursement Program funding may be budgeted annually by the CRA Board and awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. II. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: 1. Must be a ground floor business. 2. Employ a minimum of two (2) full time employees. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty -five (35) hours per week at the prevailing Federal minimum wage. 3. Must be located within the target areas of the CRA District (see attached maps). 4. Must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 5. A new business is defined as a company in operation for less than six months or relocating to Boynton Beach. I nitials Page 1 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com 6. An existing business is defined as being in operation for a minimum of three years at the time of application, 7. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 8. Applicant must have a proposed or executed multi -year lease (two year minimum). III. Ineligible Businesses & Conditions Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entity in which the (a) grant recipient is not listed as the registered agent, owner, officer or director of said business and (b) lists its place of business as the leased premises of the grant recipient and (c) has obtained a business tax license from the City of Boynton Beach for the grant recipient's leased premises. The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Program: • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits • Tattoo Shops /Body Piercing /Body Art Shops • Financial Services (banking & check cashing stores) • Take -Out Foods • Adult Entertainment • Liquor Stores IV. Grant Terms and Conditions This grant is divided into three tiers. Each tier consists of different types of businesses that are eligible and the amount of funding available to the business based on the location of the business. Tier One Businesses Tier One businesses are eligible for up to half of the business's monthly rent or $600 per month, whichever is Tess. (Maximum amount of the grant is $7,200.) Initials Page 2 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com Tier One businesses must be located in the follow areas: • Ocean Avenue: between Seacrest Boulevard and the west side of the Intracoastal Waterway • Boynton Beach Boulevard: between 1 -95 and Federal Highway • Federal Highway: between NE 7 Avenue and SE 2 Avenue Tier One businesses must be one of the following types of businesses: • Restaurant • Gourmet Food Market • Bakery • Clothing Boutique - clothing, shoes & accessories • Home Decor /Design - home furnishings, art galleries, kitchen wares • Specialty Shops - stationery, gifts, sporting goods Only Tier One businesses are eligible for multiple Economic Development Program Grants, i.e.; Interior Build -Out & Commercial Facade. Tier Two Businesses Tier Two businesses are eligible for up to half of the business's monthly rent or $500 per month, whichever is less. (Maximum amount of the grant is $6,000.) Tier Two businesses can be located anywhere within the CRA District. Tier Two businesses can consist of the following types of businesses: • Medical Offices • Law Offices • Real Estate Offices • Insurance Offices • Accounting Offices • Marketing Offices Tier Three Businesses Tier Three businesses are eligible for up to half of the business's monthly rent or $400 per month, whichever is less. (Maximum amount of the grant is $4,800.) Tier Three businesses can be located anywhere within the CRA District and can consist of any other eligible business not listed in Tier One or Tier Two listed above. Initials Page 3 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com Lease Terms Applicant must be a tenant and have a proposed or executed multi -year lease (two year minimum). The commercial lease must define the landlord- tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that are the tenant's responsibility. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and /or improvements. • Insurance requirements. • Ability to terminate. • Consequences of default on the lease. Rent reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business in open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Reimbursement program may only be used one time by any one specific business entity or business owner. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not advance the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future payments. V. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: Initials Page 4 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com 1. Fee of $90 per applicant or owner to perform a credit check. Make check payable to: Boynton Beach CRA 2. Completed and signed application. 3. W9 Form (attached to grant application). 4. Copy of City and County business licenses. 5. Resume for each business /property owner. 6. Copy of the corporate documents for the applying business entity. 7. Copy of executed or proposed multi -year commercial lease agreement. 8. Landlord SSN or Tax ID. 9. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 10. Two (2) years of personal tax returns for the owners of a new business. 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. Proposed leases must be executed within thirty (30) days of CRA Board approval or the grant award is terminated. VI. Procedures for Reimbursement Quarterly Rent Reimbursement Payments Rent reimbursement payments will be provided to the grant recipient on a quarterly basis beginning the first full month that the business is open for operations subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the CRA with proof of employee wage reporting for the four consecutive quarters following the grant approval. This is to verify that the required job positions are properly fulfilled and maintained. Page 5 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.bo_yntonbeachcra.com In order to receive quarterly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement 2. Proof of rent payment (Le., copies of the front & back of cancelled rent checks for that quarter's reimbursement or proof of direct deposit). 3. For W -2 eligible employees, Florida Department of Revenue Employers Quarterly Report (UCT -6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, S- corporations and 1099 -MISC eligible employees, copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. If applicant does not submit its quarterly reimbursement request with a copy of its quarterly UCT -6 form within thirty (30) days following the end of the quarter in which applicant is requesting reimbursement, applicant forfeits that quarter's reimbursement. Site Visits CRA staff will conduct a site visit before reimbursement payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Initials Page 6 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 www.boyntonbeachcra. corn BOY NTON BEACHI CRA October 1, 2012 — September 30, 2013 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: Applicant Mailing Address: Business Name (D /B /A if applicable): Current Business Address: Phone: Fax: Email: Fed ID# Time at Current Location: Monthly Rent: Do you have an executed lease agreement: Yes No Landlord Name: Landlord SSN /EIN: Landlord's Mailing Address: New Business Address (if applicable ): New Business to Boynton Beach: Yes No Existing Business: Yes No Number of years in existence: Square footage of existing location Square footage of new location Initials Page 7 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com Type of Business: Number of Employees: Hours of Operation: Are you applying for grant assistance under any other program offered by the CRA: Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he /she is aware of the fact that he /she can be penalized by fine and /or imprisonment for making false statements or presenting false information. understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue rent reimbursement payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initials Page 8 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Applicant/Tenant's Signature Date Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of _ , 20 . NOTARY PUBLIC My Commission Expires: Page 9 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application Property Owner's Signature Date Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of _ 20 NOTARY PUBLIC My Commission Expires: Page 10 of 10 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.boyntonbeachcra.com CRA DISTRICT MAP - II 2 $ I 1-41 Miner I NMer d 01 I NL [t,th Ave ,,, i 1 W • a GaAdway ELYd o ____ S C- 1€ Carol . 1 ' Marlin Luiisr King Jr E;lud Old Boyn Rd : ,. W B4yrRM 6eaah BIYd AM6 i � i. x S . a 1 IA I.9 g 0 - to GdSRd SW UM "6 8E AY* .■••J , 1 a / LitItctt Ulvc. - Railroads Interstate 95 ____ CRA Boundary J City Boundary ' =4 f7.. 1 0) , 7. a. ..; 111 g I --: F I._ .., 0 L' ...`7. ''.7 a , c 4111 ---.3, ' ' sE em st a _ w , -r,. ... er, , z, 4_.; 4 r , r w ,.., u. * .' {.72. 0 M Z 2 z NF Stn St f ; L O L 4 t t j ; 1 , 7 : 1 5 Federal N Federal I-twy / ,;: i Fodara i 0 u, 71 > › NE 4th Si - 71, J t a Aetioolifc il - 5 :.. - , ,7 < .0 kil w , , B z L,..' z SE 3pa 51 a.: 4L 3rrt Si r ,., .,- ri z NE 2nct Si 1 I , .d_. SE ist St a) .. NF - .4i. qt ..,.. ..., ...0 < UJ NE ....1 ct ,., .. ' .i •%- a., . ,,. 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Internal Revenue Service Name (as shown on your income tax return) Business name /disregarded entity name, if different from above N a Check appropriate box for federal tax classification: c o ❑ Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate a0 u El Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) ► ❑ Exempt payee o C N ii ❑ Other (see instructions) ■ F: Address (number, street, and apt. or suite no.) Requester's name and address (optional) V a City, state, and ZIP code m v7 List account number(s) here (optional) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other - - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. Part II Certification Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person • Date • General Instructions Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W -9. noted. Definition of a U.S. person. For federal tax purposes, you are Purpose of Form considered a U.S. person if you are: A person who is required to file an information return with the IRS must • An individual who is a U.S. citizen or U.S. resident alien, obtain your correct taxpayer identification number (TIN) to report, for • A partnership, corporation, company, or association created or example, income paid to you, real estate transactions, mortgage interest organized in the United States or under the laws of the United States, you paid, acquisition or abandonment of secured property, cancellation • An estate (other than a foreign estate), or of debt, or contributions you made to an IRA. • A domestic trust (as defined in Regulations section 301.7701 -7). Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the Special rules for partnerships. Partnerships that conduct a trade or requester) and, when applicable, to: business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. 1. Certify that the TIN you are giving is correct (or you are waiting for a Further, in certain cases where a Form W -9 has not been received, a number to be issued), partnership is required to presume that a partner is a foreign person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W -9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W -9 (Rev. 12 -2011) Form W -9 (Rev. 12 -2011) Page 2 The person who gives Form W -9 to the partnership for purposes of Certain payees and payments are exempt from backup withholding. establishing its U.S. status and avoiding withholding on its allocable See the instructions below and the separate Instructions for the share of net income from the partnership conducting a trade or business Requester of Form W -9. in the United States is in the following cases: Also see Special rules for partnerships on page 1, • The U.S. owner of a disregarded entity and not the entity, Updating Your Information • The U.S. grantor or other owner of a grantor trust and not the trust, and You must provide updated information to any person to whom you • The U.S. trust (other than a grantor trust) and not the beneficiaries of claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this the trust. person. For example, you may need to provide updated information if Foreign person. If you are a foreign person, do not use Form W -9. you are a C corporation that elects to be an S corporation, or if you no Instead, use the appropriate Form W -8 (see Publication 515, longer are tax exempt. In addition, you must furnish a new Form W -9 if Withholding of Tax on Nonresident Aliens and Foreign Entities). the name or TIN changes for the account, for example, if the grantor of a Nonresident alien who becomes a resident alien. Generally, only a grantor trust dies. nonresident alien individual may use the terms of a tax treaty to reduce Penalties or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions Failure to furnish TIN. If you fail to furnish your correct TIN to a specified in the saving clause may permit an exemption from tax to requester, you are subject to a penalty of $50 for each such failure continue for certain types of income even after the payee has otherwise unless your failure is due to reasonable cause and not to willful neglect. become a U.S. resident alien for tax purposes. Civil penalty for false information with respect to withholding. If you If you are a U.S. resident alien who is relying on an exception make a false statement with no reasonable basis that results in no contained in the saving clause of a tax treaty to claim an exemption backup withholding, you are subject to a $500 penalty. from U.S. tax on certain types of income, you must attach a statement Criminal penalty for falsifying information. Willfully falsifying to Form W -9 that specifies the following five items: certifications or affirmations may subject you to criminal penalties 1. The treaty country. Generally, this must be the same treaty under including fines and /or imprisonment. which you claimed exemption from tax as a nonresident alien. Misuse of TINs. If the requester discloses or uses TINs in violation of 2. The treaty article addressing the income. federal law, the requester may be subject to civil and criminal penalties. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Specific Instructions 4. The type and amount of income that qualifies for the exemption Name from tax. 5. Sufficient facts to justify the exemption from tax under the terms of If you are an individual, you must generally enter the name shown on the treaty article. your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Example. Article 20 of the U.S. -China income tax treaty allows an Administration of the name change, enter your first name, the last name exemption from tax for scholarship income received by a Chinese shown on your social security card, and your new last name. student temporarily present in the United States. Under U.S. law, this If the account is in joint names, list first, and then circle, the name of student will become a resident alien for tax purposes if his or her stay in the person or entity whose number you entered in Part I of the form. the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S. -China treaty (dated April 30, 1984) allows Sole proprietor. Enter your individual name as shown on your income the provisions of Article 20 to continue to apply even after the Chinese tax return on the "Name" line. You may enter your business, trade, or student becomes a resident alien of the United States. A Chinese "doing business as (DBA)" name on the "Business name /disregarded student who qualifies for this exception (under paragraph 2 of the first entity name" line. protocol) and is relying on this exception to claim an exemption from tax Partnership, C Corporation, or S Corporation. Enter the entity's name on his or her scholarship or fellowship income would attach to Form on the "Name" line and any business, trade, or "doing business as W -9 a statement that includes the information described above to (DBA) name" on the "Business name /disregarded entity name" line. support that exemption. Disregarded entity. Enter the owner's name on the "Name" line. The If you are a nonresident alien or a foreign entity not subject to backup name of the entity entered on the "Name" line should never be a withholding, give the requester the appropriate completed Form W -8. disregarded entity. The name on the "Name" line must be the name What is backup withholding? Persons making certain payments to you shown on the income tax return on which the income will be reported. must under certain conditions withhold and pay to the IRS a percentage For example, if a foreign LLC that is treated as a disregarded entity for of such payments. This is called "backup withholding." Payments that U.S. federal tax purposes has a domestic owner, the domestic owner's may be subject to backup withholding include interest, tax - exempt name is required to be provided on the "Name" line. If the direct owner interest, dividends, broker and barter exchange transactions, rents, of the entity is also a disregarded entity, enter the first owner that is not royalties, nonemployee pay, and certain payments from fishing boat disregarded for federal tax purposes. Enter the disregarded entity's operators. Real estate transactions are not subject to backup name on the "Business name /disregarded entity name" line. If the owner withholding. of the disregarded entity is a foreign person, you must complete an You will not be subject to backup withholding on payments you appropriate Form W-8. receive if you give the requester your correct TIN, make the proper Note. Check the appropriate box for the federal tax classification of the certifications, and report all your taxable interest and dividends on your person whose name is entered on the "Name" line (IndividuaVsole tax return. proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Payments you receive will be subject to backup Limited Liability Company (LLC). If the person identified on the withholding if: "Name" line is an LLC, check the "Limited liability company" box only and enter the appropriate code for the tax classification in the space 1. You do not furnish your TIN to the requester, provided. If you are an LLC that is treated as a partnership for federal 2. You do not certify your TIN when required (see the Part II tax purposes, enter "P" for partnership. If you are an LLC that has filed a instructions on page 3 for details), Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for 3. The IRS tells the requester that you furnished an incorrect TIN, C corporation or "S" for S corporation. If you are an LLC that is disregarded as an entity separate from its owner under Regulation 4. The IRS tells you that you are subject to backup withholding section 301.7701 -3 (except for employment and excise tax), do not because you did not report all your interest and dividends on your tax check the LLC box unless the owner of the LLC (required to be return (for reportable interest and dividends only), or identified on the "Name" line) is another LLC that is not disregarded for 5. You do not certify to the requester that you are not subject to federal tax purposes. If the LLC is disregarded as an entity separate backup withholding under 4 above (for reportable interest and dividend from its owner, enter the appropriate tax classification of the owner accounts opened after 1983 only). identified on the "Name" line Form W -9 (Rev. 12 -2011) Page 3 Other entities. Enter your business name as shown on required federal Part I. Taxpayer Identification Number (TIN) tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You Enter your TIN in the appropriate box. If you are a resident alien and may enter any business, trade, or DBA name on the "Business name/ you do not have and are not eligible to get an SSN, your TIN is your IRS disregarded entity name" line. individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN Exempt Payee below. If you are exempt from backup withholding, enter your name as If you are a sole proprietor and you have an EIN, you may enter either described above and check the appropriate box for your status, then your SSN or EIN. However, the IRS prefers that you use your SSN. check the "Exempt payee" box in the line following the "Business name/ If you are a single- member LLC that is disregarded as an entity disregarded entity name," sign and date the form. separate from its owner (see Limited Liability Company (LLC) on page 2), Generally, individuals (including sole proprietors) are not exempt from enter the owner's SSN (or EIN, if the owner has one). Do not enter the backup withholding. Corporations are exempt from backup withholding disregarded entity's EIN. If the LLC is classified as a corporation or for certain payments, such as interest and dividends. partnership, enter the entity's EIN. Note. If you are exempt from backup withholding, you should still Note. See the chart on page 4 for further clarification of name and TIN complete this form to avoid possible erroneous backup withholding. combinations. The following payees are exempt from backup withholding: How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security 1. An organization exempt from tax under section 501(a), any IRA, or a Card, from your local Social Security Administration office or get this custodial account under section 403(b)(7) if the account satisfies the form online at www.ssa.gov. You may also get this form by calling requirements of section 401(0(2), 1- 800 - 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer 2. The United States or any of its agencies or instrumentalities, Identification Number, to apply for an ITIN, or Form SS -4, Application for 3. A state, the District of Columbia, a possession of the United States, Employer Identification Number, to apply for an EIN. You can apply for or any of their political subdivisions or instrumentalities, an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a 4. A foreign government or any of its political subdivisions, agencies, Business. You can get Forms W -7 and SS -4 from the IRS by visiting or instrumentalities, or IRS.gov or by calling 1- 800 -TAX -FORM (1- 800 - 829 - 3676). 5. An international organization or any of its agencies or If you are asked to complete Form W -9 but do not have a TIN, write instrumentalities. "Applied For" in the space for the TIN, sign and date the form, and give Other payees that may be exempt from backup withholding include: it to the requester. For interest and dividend payments, and certain 6. A corporation, payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you 7. A foreign central bank of issue, are subject to backup withholding on payments. The 60 -day rule does 8. A dealer in securities or commodities required to register in the not apply to other types of payments. You will be subject to backup United States, the District of Columbia, or a possession of the United withholding on all such payments until you provide your TIN to the States, requester. 9. A futures commission merchant registered with the Commodity Note. Entering "Applied For" means that you have already applied for a Futures Trading Commission, TIN or that you intend to apply for one soon. 10. A real estate investment trust, Caution: A disregarded domestic entity that has a foreign owner must 11. An entity registered at all times during the tax year under the use the appropriate Form W -8. Investment Company Act of 1940, Part II. Certification 12. A common trust fund operated by a bank under section 584(a), To establish to the withholding agent that you are a U.S. person, or 13. A financial institution, resident alien, sign Form W -9. You may be requested to sign by the 14. A middleman known in the investment community as a nominee or withholding agent even if item 1, below, and items 4 and 5 on page 4 custodian, or indicate otherwise. 15. A trust exempt from tax under section 664 or described in section For a joint account, only the person whose TIN is shown in Part I 4947. should sign (when required). In the case of a disregarded entity, the The following chart shows types of payments that may be exempt person identified on the "Name" line must sign. Exempt payees, see from backup withholding. The chart applies to the exempt payees listed Exempt Payee on page 3. above, 1 through 15. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and items 4 and 5 on page 4. IF the payment is for ... THEN the payment is exempt 1. Interest, dividend, and barter exchange accounts opened for .. , before 1984 and broker accounts considered active during 1983. Interest and dividend payments All exempt payees except You must give your correct TIN, but you do not have to sign the for 9 certification. 2. Interest, dividend, broker, and barter exchange accounts Broker transactions Exempt payees 1 through 5 and 7 opened after 1983 and broker accounts considered inactive during through 13. Also, C corporations. 1983. You must sign the certification or backup withholding will apply. If Barter exchange transactions and Exempt payees 1 through 5 you are subject to backup withholding and you are merely providing patronage dividends your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Payments over $600 required to be Generally, exempt payees 3. Real estate transactions. You must sign the certification. You may reported and direct sales over 1 through 7 cross out item 2 of the certification. $5,000 See Form 1099 -MISC, Miscellaneous Income, and its instructions. However, the following payments made to a corporation and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Form W -9 (Rev. 12 -2011) Page 4 4. Other payments. You must give your correct TIN, but you do not Note. If no name is circled when more than one name is listed, the have to sign the certification unless you have been notified that you number will be considered to be that of the first name listed. have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for Secure Your Tax Records from Identity Theft rents, royalties, goods (other than bills for merchandise), medical and Identity theft occurs when someone uses your personal information health care services (including payments to corporations), payments to such as your name, social security number (SSN), or other identifying a nonemployee for services, payments to certain fishing boat crew information, without your permission, to commit fraud or other crimes. members and fishermen, and gross proceeds paid to attorneys An identity thief may use your SSN to get a job or may file a tax return (including payments to corporations). using your SSN to receive a refund. 5. Mortgage interest paid by you, acquisition or abandonment of To reduce your risk: secured property, cancellation of debt, qualified tuition program .protect your SSN, payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You • Ensure your employer is protecting your SSN, and must give your correct TIN, but you do not have to sign the certification. • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a What Name and Number To Give the Requester notice from the IRS, respond right away to the name and phone number For this type of account Give name and SSN of: printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you 1. Individual The individual think you are at risk due to a lost or stolen purse or wallet, questionable 2. Two or more individuals (joint The actual owner of the account or, credit card activity or credit report, contact the IRS Identity Theft Hotline account) if combined funds, the first at 1- 800 - 908 -4490 or submit Form 14039. individual on the account 3. Custodian account of a minor The minor For more information, see Publication 4535, Identity Theft Prevention (Uniform Gift to Minors Act) and Victim Assistance. 4. a. The usual revocable savings The grantor trustee Victims of identity theft who are experiencing economic harm or a trust (grantor is also trustee) system problem, or are seeking help in resolving tax problems that have b. So called trust account that is The actual owner not been resolved through normal channels, may be eligible for not a legal or valid trust under Taxpayer Advocate Service (TAS) assistance. You can reach TAS by state law calling the TAS toll -free case intake line at 1- 877- 777 -4778 or TTYTTDD 5. Sole proprietorship or disregarded The owner ` 1 800 - 829 - 4059. entity owned by an individual Protect yourself from suspicious emails or phishing schemes. 6. Grantor trust filing under Optional The grantor* Phishing is the creation and use of email and websites designed to Form 1099 Filing Method 1 (see Regulation section 1.671 4(b)(2)(i)(A)) mimic legitimate business emails and websites. The most common act For this type of account Give name and EIN of: is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering 7. Disregarded entity not owned by an The owner private information that will be used for identity theft. individual 8. A valid trust, estate, or pension trust Legal entity' The IRS does not initiate contacts with taxpayers via emails. Also, the 9. Corporation or LLC electing The corporation IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access corporate status on Form 8832 or Form 2553 information for their credit card, bank, or other financial accounts. 10. Association, club, religious, The organization If you receive an unsolicited email claiming to be from the IRS, charitable, educational, or other forward this message to phishing@irs.gov. You may also report misuse tax - exempt organization of the IRS name, logo, or other IRS property to the Treasury Inspector 11. Partnership or multi member LLC The partnership General for Tax Administration at 1- 800 - 366 -4484. You can forward 12. A broker or registered nominee The broker or nominee suspicious emails to the Federal Trade Commission at: spam @uce.gov 13. Account with the Department of The public entity or contact them at www.ftc.gov /idtheft or 1- 877 - IDTHEFT Agriculture in the name of a public (1 - 877 438 - 4338). entity (such as a state or local Visit IRS.gov to learn more about identity theft and how to reduce government, school district, or your risk. prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671- 4(b)(2)(i)(B)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or "DBA" name on the "Business name /disregarded entity" name line. You may use either your SSN or EIN Of you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. *Note. Grantor also must provide a Form W -9 to trustee of trust. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Use black ink. Example A - Handwritten Example B - Typed Florida Department of Revenue Employer's Quarterly Report Employers are required to file quarterly tax/wage reports regardless of employment activity or whether any taxes are due. 711 © Ern El 8 Q ❑ 0 P©rF 3 EIE❑) Use Black Ink to Complete This Form R 03/12 QUARTER ENDING DUE DATE PENALTY AFTER DATE TAX RATE UT ACCOUNT NUMBER Do not make any changes N you do not have an account number, you to the pre - printed are required to register (see instructions). on this form. 1111 111 111 1 11 ill 11 11 11111 111111111 If changes are needed, FE I NUMBER request and complete an Employer Account Change Form (UCS -3). FOR ORICIAL USE ONLY POSTMARK DATE _ — Reverse Side Must be Completed / I / I I Name _ ___ ___ __ 2. Gross wages paid this quarter Mailing (Must total all pages) Address _ — . — — City/St/ZIP 3. Excess wages paid this quarter — 1 I ■ (See instructions) 4. Taxable wages paid this quarter ' I I I I . Location (See instructions) Address 5. Tax due City/St/ZIP (Multiply Line 4 by lax Rate) 7 5 • _ _ 6. Penalty due I I I 1 1 . I 1 1. Enter the total number — — I (See instructions) of full -time and part-time 1st Month 7. Interest due covered workers who — _ performed services during (See instructions) ' ' or received pay for the 2nd Month I I I P Y 8 . Installment fee . I I I payroll period including the f — — — (See instructions) — 12th of the month. 3rd Month I ga. Total amount due — — — (See instructions) J Check if final return: / / 9b. 7_ — 7 — • — Date operations ceased. (See ( tEndosed I I ' — 1 . (See instructions) Check if you had out -of -state wages. Attach Employer's Quarterly Report for Out -of -State Taxable Wages (UCT -6NF). j . J - If you are filing as a sole proprietor, is this for ' domestic (household) employment onl o 1 ( ) Y? !Yes No Under penalties of perjury. I declare that I have read this return and the facts stated in it are true (sections 443.171(5) and 443.141(2), Florida Statutes). Title Sign here Signature of officer Date Phone ( ) Fax ( ) Preparer's 10, Preparer check Preparer's , signature if self - employed SSN or PTIN Paid preparers Firm's name (or yours Date FEIN Only if self - employed) and address Preparers ZIP phone number l DO NOT DETACH Rule 6086 -2.037 Employer's Quarterly Report Payment Coupon UCT -6 Florida Administrative Code R. 03/12 Florida Department of Revenue COMPLETE and MAIL with your REPORT /PAYMENT. DOR USE ONLY T Please write your UT ACCOUNT NUMBER on check. / — / [_.I. Make check payable to: Ronda U.C. Fund POSTMARK OR HAND - DELIVERY DATE J UT ACCOUNT NO. I I 0 k.., 1. -0 f r I 1 U.S. Dollars 1 1 Cents 1 F.E.I. NUMBER - I I I GROSS WAGES 1 1 11 I I ,I 1 11 1 — AMOUNT ENCLOSED I I I I I I I I I . 1 11 1 (From Line 9b above.) ,me PAYMENT FOR QUARTER piling ENDING MM/YY Address p Check here if you are electing to Check here if you transmitted City/St/ZIP i._ pay tax due in installments. I funds electronically. L 9100 0 99999999 0068054031 7 5009999999 0000 4 I 1111111111E11111 IIII II Ili I L Employers Florr re u Department � of wage reports Revenu a E of er o yerns c Quarteriy a Repor e due. j R. 03/12 Use Black Ink to Complete This Form QUARTER ENDING EMPLOYER'S NAME UT [1 ACCOUNT NUMBER — — I / I / 1 I 10. EMPLOYEE'S SOCIAL SECURITY NUMBER 11. EMPLOYEES NAME (please print first twelve characters of last name and tirstl ' 12a. EMPLOYEE'S GROSS WAGES PAID THIS QUARTER 1 eight characters of first name in boxes) 12b. EMPLOYEE'S TAXABLE WAGES PAID THIS QUARTER ' Only the first $8,000 paid to each employee per calendar year is taxable — 11. I — I —1 _ 1 Last Name 1 — I l II l I — I l 12a 1 I , 1 1 i,i l�ii. L — — - First ( — 1 1 — Middle — — — Name Initial — 12b. _' . _ Last 1 11 I I — I 11 I-1 I Name — 1_1 — I 1 — 12 a• I 11 1 , I ._. 7r— — — • — -- First I — Middle — _ — — — Name Initial 12b• —, • — HI 1 — ( I Name 12a. I — — —..—. — , — �— — — ■ - - First 1 I 1 Middle — — — Name Initial 12b. , • —. — — — 11 Name 1 1 I I 12a. 11 I — = , 1 — — • Last First Middle 7 Name _ Initial 1 1 12 b. _ ■ 1 I — I I — I I _ Name I 1 11 12a. I —I ,I 1_ = -- First Middle Name Initial 12b. I I I — I I I I — I 11 11 I I Name I ( I I 111 1 — t2a. 0I II 1 ! - - , I 1 • First ( 1 _— I 1 Middle Name Initial 12b. _ _ - - I 11 I — I I l l Name I I I ^ -- _ — I 11 1 11 112a. 11 1 1 ,�1 1 . II Name ( 1 ( 1 — — Middle I 12b 1 — II I -1 1H1 11 1 Name — 12a. I I I I , —' — First I 1I , 1 I I Middle 11 Name Initial 12b. • 1 3a. Total Gross Wages (add Lines 1 2a only). Total this page only. Include this and totals from additional pages in Line 2 on page 1. 1 , I 1 , I 17 L 13b. Total Taxable Wages (add Lines 12b only). Total this page only. — Include this and totals from additional pages in Line 4 on page 1. , 1 • DO NOT DETACH Mail Reply To: Social security numbers (SSNs) are used by the Florida Department of Revenue as unique Unemployment Tax identifiers for the administration of Florida's taxes. SSNs obtained for tax administration Florida Department of Revenue purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not 5050 W Tennessee St Bldg L subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399 -0180 and federal law. Visit our Internet site at www.myfiorida.com /dor and select "Privacy Notice" for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Tired of paperwork? We can help! File and pay your Florida unemployment tax online. It's fast, easy, accurate, and secure. Internet Address: www.myflorida.com /dor BOYNTON BEA AGENDA ITEM STAFF REPORT CRA BOARD MEETING OF: September 11, 2012 I 1 Consent Agenda 1 X 1 Old Business 1 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of Fuel Dock/Marina Management Services Agreement: Waypoint Marine, Inc. SUMMARY: On January 25, 2007, the CRA purchased the existing fuel dock pad located at 735 Casa Loma Boulevard from the developers of the Marina Village complex. At that time, Waypoint Marine, Inc. was the acting fuel dock manager responsible for the full operation of the fuel dock. In order to continue fuel dock services without interruption, the CRA entered into an agreement with Waypoint Marine, Inc. to manage the operation of the fuel dock until the end of the fiscal year September 30, 2007, at which time the CRA was required under its procurement policies to issue a RFP/RFQ to obtain proposals for the these services. As a result of an RFP /RFQ issued in October 2007, Waypoint Marine, Inc. was selected and entered into a marina management agreement for an initial two year term and the CRA opted to renew the agreement for an additional two years ending September 30, 2012. At the regular CRA meeting held on July 10, 2012, the CRA Board approved the issuance of a RFP/RFQ soliciting proposals from experienced marina management companies to provide services to the CRA for the management of the fuel dock and 19 slips at the Boynton Harbor Marina. As the sole RFP/RFQ respondent, Waypoint Marine, Inc. has agreed to the terms and conditions set forth in the attached marina management services agreement. The initial term of the agreement runs from October 1, 2012 through September 30, 2015, with the option to renew the agreement for two additional three year periods upon mutual agreement of both parties. Under the terms of the agreement, Waypoint Marine would be responsible for the seven day a week, year round operation and staffing of the Boynton Harbor Marina fuel dock, gasoline /diesel fuel sales and orders, weekly /monthly sales reports, slip rent collection, enforcement of the terms and conditions of the Dockage Lease Agreements, hurricane plan development and implementation as well as the daily supervision of the slip area. FISCAL IMPACT: General Fund — $158,000.00 Marina Management Contract Account 51630 -241. RECOMMENDATIONS: Approve entering into the Boynton Harbor Marina Fuel Dock & Slips Management Services Agreement with Waypoint Marine, Inc. Michael Simon Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2011 - 2012 Board Meetings \September 2012 \Mangmnt agrmt - Waypoint Marine agenda item -.doc Boynton Harbor Marina Fuel Dock & Slips Management Services Agreement This Management Agreement is made the dates indicated below, by and between Boynton Beach Community Redevelopment Agency, a governmental entity created pursuant to Florida Statute Chapter 163, with its principal office located at 710 North Federal Highway, Boynton Beach, Florida 33435 ( "Owner "), and Waypoint Marine, Inc., a corporation organized and existing under the laws of Florida, with its principal office located at 2356 Morgans Bluff, West Palm Beach, FL 33411( "Manager "). RECITALS A. Owner owns a fuel dock/marina at 735 Casa Loma Boulevard, Boynton Beach, Florida (the "fuel dock /marina "). B. Manager represents that it is qualified in the supervision, operation and management of fuel docks /marinas. C. Owner desires to employ Manager to act as its Manager in supervising, administering and managing the fuel dock/marina. D. Manager desires to furnish those services, all subject to the terms and conditions set forth in this agreement. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows: SECTION ONE. APPOINTMENT OF MANAGER A. Owner appoints Manager for the term of this agreement as its sole and exclusive Manager to supervise and administrate, for and at the expense of Owner, the management and operation of the fuel dock/marina, including the management of any ancillary facilities as Owner shall specifically direct, on the terms and conditions stated below. This appointment to be effective the date the last of the parties has signed this agreement and to continue in force afterwards for the period specified in Section Nine below. B. Manager shall manage, operate, and maintain the fuel dock/marina in an efficient and satisfactory manner. Manager shall act in a fiduciary capacity with respect to the proper protection of and accounting for Owner's assets. In this capacity, Manager shall serve Owner's interests at all times. Initials Initials Page 1 of 14 SECTION TWO. MANAGEMENT AND OPERATION SERVICES Manager accepts the appointment under the terms and conditions set forth in this agreement, and in connection with the supervision, administration, and management, Manager shall perform the following services: A. General Operation: Manager will operate the fuel dock/marina in the same manner as is customary and usual in the operation of comparable facilities for the account of Owner, and so far as is economically and legally possible, in accordance with the same procedures, practices, management techniques and other rules of operation used by similar fuel dock/marinas and those managed by Manager for the account of others (except where this agreement shall specifically provide a different procedure, practice, and so forth). B. Employees: Independent Contractor. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate, maintain, and account for the fuel dock/marina. All matters pertaining to the employment, supervision, compensation, promotion and discharge of employees are the responsibility of Manager, which is in all respects the employer of those employees. Notwithstanding anything to the contrary, Owner shall be notified at least five days prior to the proposed replacement of the fuel dock/marina's general Manager. The replacement of any general Manager will be subject to the review and approval of Owner. Manager shall fully comply with all applicable laws and regulations having to do with worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer - employee related subjects. Manager represents that it is and will continue to be an equal opportunity employer and must advertise as such. This agreement is not one of agency by Manager for Owner, but one with Manager engaged independently in the business of managing properties on its own behalf as an independent contractor. All employment arrangements are therefore solely Manager's concern and Owner shall have no liability with respect to those arrangements. C. Income: The establishment of all prices, price schedules, rates and rate schedules shall be subject to Owner's prior written approval, and in this connection Manager shall use diligent efforts to collect all income of any type and nature which may become due from time to time or at any time for goods and services provided in connection with the fuel dock /marina or any portion of it. Manager shall collect and identify any income due Owner from all fuel and ancillary services except the convenience items separately provided for in Section One, paragraph E below. All monies so collected shall be deposited daily in the operating accounts, as defined below. In connection with any collection efforts, only legal counsel or a collection firm approved by Owner shall be retained. All legal expenses incurred in bringing such Initials Initials Page 2 of 14 approved suit or proceeding shall be submitted to Owner for its prior approval. Manager shall not write off any income items without the prior approval of Owner D. Repairs: The Manager shall be responsible for making such repairs, alterations and decorations for the fuel dock/marina as Manager may deem reasonable and necessary for the proper maintenance and operation of the fuel dock/marina with written approval of the Owner. Owner shall be responsible for payment of such repairs, alterations or decorations. No contract for repairs, alterations or decorations involving a single expenditure in excess of $500.00 shall be entered into without written notice to, and written approval of, Owner having first been obtained. In the event of an emergency requiring prompt action for the protection or safety of the fuel dock/marina or its occupants, Manager shall be empowered to take necessary action without prior approval, after which a written report of the occasion for action and the action taken shall immediately be made to Owner. E. Convenience Items: The Manager shall have the right sell convenience items from the fuel dock/marina. The sale of convenience items shall be the right and sole responsibility of Manager. Manager shall be responsible for obtaining all necessary permits for the sale of convenience items. Notwithstanding, Owner shall have the right to approve, in advance, in writing a list of items to be sold. Sale of any unapproved items shall be a breach of this agreement. Convenience items shall mean but not be limited to ice, bait, snacks, fishing tackle and oil. The cost of purchase of inventory of convenience items shall be the responsibility and cost of Manager. Manager shall pay to Owner five percent (5 %) of gross sales less sales tax as the fee for the right to sell convenience items. Manager shall account for purchase and sales of convenience items on the same schedule and to the same detail as for fuel dock/marina sales and services. Except as otherwise directed by Owner in a particular case, all concessions and licenses for the sale of the convenience items shall be in Manager's own name as Manager for Owner and not in the name of Owner. F. Accounting: The installation of accounting and internal auditing systems shall be in accordance with Section Three below. G. Service Agreements: Generally, the Manager shall negotiate service and other contracts reasonably necessary or desirable in connection with the operation of the fuel dock/marina in the usual course of business, except that Manager shall not enter into any contract for cleaning, maintaining, repairing or servicing of the fuel dock/marina or any of the constituent parts that requires annual payments in excess of $250.00 without the prior written consent of Owner. As a condition to obtaining that consent, Manager shall supply Owner with a copy of any such proposed contract and shall state to Owner the relationship, if any, between Manager (or the person or persons in control of Manager) and the party proposed to supply the goods or services, or both. All service contracts shall: (a) be in the name of Manager, (b) be assignable, at Owner's Initials Initials Page 3 of 14 option, to Owner or Owner's nominee, (c) include a provision for cancellation by Owner or Manager upon not less than thirty [30] days' written notice, and (d) require that all contractors provide evidence of sufficient insurance. If this agreement is terminated pursuant to Section Nine, Manager shall, at Owner's option, assign to Owner or Owner's nominee all service agreements pertaining to the fuel dock/marina. H. Inventory, Supplies and Equipment: During the Owner's annual budget process, Owner shall approve the overall operating and maintenance budget for the Boynton Harbor Marina Slips and Fuel Dock facility. Owner shall purchase all inventories, provisions, supplies and equipment as Manager may deem reasonably necessary in order to properly maintain and operate the fuel dock/marina slips with the exception of those items as described in Section E. I. Advertising: Manager shall prepare advertising plans and promotional materials to be used to further sales if determined necessary between Owner and Manager. Such plans or materials shall only be used if approved in advance in writing by Owner and in conformity with that approval. Manager shall not use Owner's name in any advertising or promotional materials without Owner's prior written approval in each instance. Advertising and promotional materials shall be prepared in full compliance with federal, state and local fair housing laws, ordinances, regulations and orders. J. Compliance With Laws: Manager shall be responsible for full compliance with federal, state and municipal laws, ordinances, regulations and orders relating to the renting, use, operation, repair and maintenance of the fuel dock/marina and with the rules, regulations or orders of the local board of fire underwriters or other similar body. In particular, Manager shall be responsible for full compliance with all laws, rules and regulations relating to the storage and sale of hazardous materials as hereinafter further provided. Manager shall promptly remedy any violation of any such law, ordinance, rule, regulation or order which comes to its attention. Expenses incurred in remedying violations may only be paid by the Owner. If the violation is one for which Owner or other title holder might be subject to penalty, Manager shall notify Owner within three [3] business days to the end that prompt arrangements may be made to remedy the violation, provided that any and all costs, fines and penalties payable as a result of the violation accruing between the date of Manager's first receiving actual notice of the violation and the date Manager gives notice to Owner shall be borne by Manager. K. Hurricane Preparedness: Manager shall be responsible for developing a hurricane plan for the fuel dock/marina that will be implemented in the event of a hurricane. The plan should be consistent with actions typical and customary to fuel Initials Initials Page 4 of 14 dock and marina industry standards. The hurricane plan must be approved by the Owner in writing. L. Taxes; Mortgages: Manager shall, if so requested, obtain and verify bills for real estate and personal property taxes, improvement assessments and other similar charges that are or may become liens against the fuel dock /marina and may recommend payment or appeal as in its best judgment it may decide. Manager shall forward the bills to Owner for payment by Owner in time to permit Owner to avoid penalty for late payment or to permit Owner to take advantage of discounts. Manager shall not make any payments on account of any ground lease, mortgage, deed of trust, or other security instrument, if any, affecting the fuel dock/marina. M. Leasing: Manager shall not lease any space to other purveyors whether for convenience items or other items without the prior written consent of Owner. N. General: Subject to the terms and conditions of this agreement, Manager shall perform all acts reasonably necessary in connection with the operation of the fuel dock/marina in an efficient and proper manner and in accordance with standards and policies established or to be established by Manager for the operation of a first -class fuel dock/marina. SECTION THREE. ACCOUNTS AND RECORDS A. Inspection: All books, accounts and records maintained onsite for the operation of the fuel dock/marina, including all accounts in the name of the Manager shall be open at all reasonable hours for inspection and audit by Owner or any qualified and experienced accountant selected by Owner for that purpose. In all cases, proper identification must be given to the general Manager in charge of the fuel dock/marina before inspection will be granted. Within six [6] months after the close of each fiscal year of the Owner, an audit shall be made of the books and accounts, including all accounts used by Manager for payment of the Management Costs listed on , by independent auditors, satisfactory to Owner, which shall be an expense of operating the fuel dock/marina and not the responsibility of Manager. A copy of the audit shall be furnished to each of the parties to this agreement immediately upon completion. B. Owners Books of Accounts: Manager, in the conduct of its responsibilities to Owner, shall assist the Owner in maintaining adequate and separate books and records for the fuel dock /marina. Books and records shall be maintained in accordance with Owner's specified accounting system and chart of accounts for fuel dock/marinas to be furnished by Owner to Manager. Manager shall ensure control over accounting and financial transactions as reasonably required to protect Owner's assets from theft, error, or fraudulent activity on the part of Manager's employees or other agents. Losses Initials Initials Page 5 of 14 arising from those instances are to be borne by Manager and shall include but not be limited to: 1. Theft of assets by Manager's employees or other agents; 2. Penalties, interest, or Toss of vendor discounts due to delay in payment of invoices, bills or other similar charges; 3. Overpayment, nonpayment, or duplicate payment of invoices or fuel sales by cash or credit card arising from either fraud or error; 4. Overpayment of labor costs arising from either fraud or error; 5. A sum equal to the value of any form of payment from purveyors to Manager's employees or affiliates arising from the purchase of goods or services for the fuel dock/marina; and 6. Unauthorized use of facilities by Manager's employees or associates. C. Manager's Books of Accounts: Manager, in the conduct of its responsibilities to Owner, shall maintain adequate and separate books and records for the Management Costs listed on for which Manager is responsible for payment. Books and records shall be maintained in accordance with Owner's specified accounting system and chart of accounts for fuel dock/marinas to be furnished by Owner to Manager. All such books and records shall be maintained on site or at a location agreed to by Owner. Manager shall ensure control over accounting and financial transactions as reasonably required to protect Owner's assets from theft, error, or fraudulent activity on the part of Manager's employees or other agents. Losses arising from those instances are to be borne by Manager. D. Financial Reports: Manager shall furnish preliminary reports each month of all transactions occurring from the first day of the prior month to the last day of the prior month. These preliminary reports are to be received by Owner no later than five [5] calendar days after the end of the accounting period and must show all fuel sales, taxes collected for fuel sales, fuel purchases, collections, monthly delinquencies, uncollectible items, and other matters pertaining to the management, operation, leasing, and maintenance of the fuel dock/marina during the subject month. These reports shall contain a comparison of monthly and year -to -date actual income and expenses with the approved budgets (as provided in Section Four) for the fuel dock/marina. Additionally, Manager shall provide Owner a weekly report of fuel purchases, taxes collected for fuel sales, sales of Manager's goods, and inventory. The fuel report shall be for the days of Initials Initials Page 6 of 14 Monday through Sunday and shall be due on the Wednesday immediately following the reporting week. SECTION FOUR. DISPOSITION OF FUNDS FROM FUEL DOCK /MARINA OPERATIONS Funds originating from the fuel dock/marina's operation or from Owner and coming into Manager's possession shall be received, handled and disposed of as follows: A. Owner's Operating Accounts: All funds received in the operation of the fuel dock/marina, including any working capital furnished by Owner, shall be funds of Owner and shall be deposited by Manager in the account at the banking institution or institutions selected by Owner in the name of Owner. All such funds shall be deposited daily. Manager shall make arrangements and Owner shall sign all necessary paperwork to provide acceptance of credit card charges for fuel. Manager shall have no signing authority over the main operating account. Owner and Manager may agree to open a separate petty cash account over which Manager will have signing authority along with Owner. Upon agreement for a petty cash account, Manager shall provide Owner an accounting of expenses paid including receipts, in order to obtain additional funds for the account. Owner shall provide Manager with electronic access on a READ ONLY basis to the Owner's Marina Operating account for purposes of business inquiries to credit card deposits, electronic fuel payments, deposits and payments. B. Payment of Expenses: Manager shall, except for payments out of an agreed petty cash account and the Management Costs listed on to be paid by Manager, provide invoices to Owner's designated employee for payment. Owner and Manager shall make arrangements with Manager's fuel supplier for electronic payments, payment terms or other appropriate arrangements to facilitate the delivery of fuel as necessary. C. Payment to Owner: Owner shall have full control of all funds from the operations of the fuel dock /marina except for the convenience items as stated in Section Two, E. Owner may disburse funds to itself as it deems appropriate. SECTION FIVE. MANAGER NOT TO PLEDGE OWNER'S CREDIT Manager shall not pledge the credit of Owner nor shall Manager in the name of, or on behalf of, Owner borrow any money or execute any promissory note, bill of exchange or other obligation. Initials Initials Page 7 of 14 SECTION SIX. REIMBURSEMENT FOR EXPENSES Everything done by Manager in the proper performance of its obligations and all permitted expenses incurred by it under this agreement shall be for and on behalf of Owner and for Owner's account. Manager shall be reimbursed for any proper expenses upon presentation of a receipt and approval of the same by Owner. SECTION SEVEN. INSURANCE A. Owner's Insurance: Owner, at its expense, will obtain and keep in force adequate insurance against physical damage, that is, fire with extended coverage endorsement, boiler and machinery, etc., and against liability for Toss, damage or injury to property or persons which might arise out of the occupancy or ownership of the fuel dock/marina. Manager will be covered as an insured in all liability insurance maintained with respect to the management, operations or maintenance of the fuel dock/marina. Owner shall save Manager harmless from any liability on account of loss, damage or injury actually insured against by Owner provided Manager: 1. Notifies Owner and the insurance carrier within 24 hours after Manager receives notice of any such loss, damage or injury; 2. Takes no action (such as admission of liability) that might bar Owner from obtaining any protection afforded by any policy Owner may hold or which might prejudice Owner in its defense to a claim based on such loss, damage or injury; 3. Agrees that Owner shall have the exclusive right, at its option, to conduct the defense to any claim, demand or suit within limits prescribed by the policy or policies of insurance; and 4. Has not acted negligently and any liability results from such negligence. Nothing here shall be construed as indemnifying Manager or its employees, contractors or agents against any act or omission for which insurance protection is not available; neither is the preceding intended to affect the general requirement of this agreement that the fuel dock/marina shall be managed, operated and maintained in a safe condition and in a proper and careful manner. Manager shall furnish Owner requests for the purpose of establishing the placement of insurance coverages and shall aid and cooperate in every reasonable way with respect to such insurance and any Toss under it. Owner shall include in its hazard policy covering the fuel dock /marina, Owner's personal property, fixtures and equipment located on it. Initials Initials Page 8 of 14 B. Workers Compensation: Manager must furnish a certificate evidencing workers' compensation and crime insurance in a form acceptable to Owner. Crime insurance shall be for an amount not Tess than $1,000.00 per occurrence. The certificate shall have attached an endorsement that Owner will be given at least ten [10) days' prior written notice of cancellation of or any material change in the policy. C. Marina Operators Legal Liability including Comprehensive General Liability of at least $1,000,000.00 combined single limit per occurrence, with minimum $2,000,000 Aggregate Limit, including Pollution coverage, Hired and Non Owned Auto Liability, and Liquor Legal Liability if licensed to sell beer, and including Additional Insured status by endorsement in favor of Owners in respect to maintenance and operations of the fuel dock/marina. A copy of the policy shall be furnished to Owner. An Umbrella /Excess Liability policy shall be provided at a minimum of $3,000,000 occurrence /aggregate, and a copy of the policy furnished to Owner. Crime insurance shall be for an amount not less than $25,000.00 per occurrence. The certificate shall have attached an endorsement that Owner will be given at least ten [10] days' prior written notice of cancellation of or any material change in the policy. D. Additional Insurance: Manager shall be responsible for any insurance Manager deems appropriate for insuring the convenience items and any equipment Manager places in the fuel dock /marina. Manager shall carry such other insurance as reasonably required by Owner. E. Contractor Insurance: Manager shall require that all contractors or subcontractors brought onto the fuel dock/marina have insurance coverage at the contractor's or subcontractor's expense, in the following minimum amounts: 1. Worker's compensation in the statutory amount. 2. Comprehensive general liability of at least $1,000,000.00, combined single limit. Manager must obtain Owner's permission to waive any of the above requirements. Higher amounts may be required if the work to be performed is sufficiently hazardous. Manager shall obtain and keep on file a certificate of insurance, which shows that the subcontractor is so insured. Owner shall be named as an additional insured on the certificate. SECTION EIGHT. TERM OF AGREEMENT The original three (3) year term shall commence on the date last signed by a party hereto and end on September 30, 2015, At the termination of the original term, Initials Initials Page 9 of 14 the Agreement may be renewed for two additional three (3) year terms at the mutual agreement of both parties. A. Either party to this agreement may terminate this agreement with or without cause by giving sixty [60] days' prior notice in writing to the other party. B. Upon termination of this agreement all sums due to either party shall become immediately due and payable. C. In addition to other termination rights provided in this agreement, this agreement shall terminate automatically and immediately upon sale of the fuel dock/marina by Owner or upon termination of Owner's right to sell fuel at the fuel dock/marina. Owner agrees to give Manager prior notice of sale. D. Owner may terminate this agreement for failure to meet accounting deadlines by Manager. Should Manager not meet the reporting deadlines more than twice in succession or more than four times during the term of this agreement, Owner shall have the right to either terminate this agreement or to put Manager on notice of probation. Should Owner put Manager on notice of probation, Owner may terminate Manager without notice for any succeeding violation of reporting requirements. E. Owner may terminate this agreement, without notice, should Manager not meet all regulatory guidelines and requirements for the storage and dispensing of fuel or allow any hazardous conditions to exist regarding the storage and dispensing of fuel. SECTION NINE. COMPENSATION OF MANAGER Manager shall be paid an annual management fee of $158,000.00 ($ 13,166.67). Manager shall be paid 1/12 of the annual management fee per month due on the first day of the month following the month of service and past due on the fifteenth day of the month. SECTION TEN. INDEMNIFICATION Manager shall not be liable to Owner or to any other person for any obligation of Owner or any contractual obligation that arises in the course of the business of the fuel dock /marina and Owner shall indemnify and hold Manager harmless for any such obligation. With respect to any act or omission of any agent or employee of Owner, Owner shall indemnify Manager and hold it harmless from all liability, Toss, damage, cost or expense by reason of any such act or omission. In no event shall Owner make Initials Initials Page 10 of 14 any claims against Manager on account of any alleged errors of judgment made in good faith in determining the operating policies of the fuel dock/marina. SECTION ELEVEN. SALE OF FUEL DOCK /MARINA If Owner executes a listing agreement with a broker for sale of the fuel dock/marina, Manager shall cooperate with such broker to the end that the respective activities of Manager and broker may be carried on without friction. Manager will permit the broker to exhibit the fuel dock/marina during reasonable business hours provided the broker has secured Manager's permission in advance. Sale of the fuel dock/marina by Owner is important. Manager agrees that failure on its part to extend cooperation to a broker desiring to show the fuel dock/marina is a material default on its part under this agreement and is grounds for immediate termination of this agreement. SECTION TWELVE. NOTICES Any notice, statement or demand required or permitted by this agreement to be given by Manager to Owner shall be in writing, and shall be sent by registered or certified mail to Owner at 710 North Federal Highway, Boynton Beach, FL 33435, or at such other address as Owner may from time to time designate to Manager in writing. Any notice required or permitted by this agreement to be given by Owner to Manager shall be in writing and shall be sent by registered or certified mail to Manager at 2356 Morgans Bluff, West Palm Beach FL 33411, or such other address as Manager may, from time to time, designate to Owner in writing. Any such notice shall be deemed given as of the date of its receipt at the address to which such notice is so directed regardless of any other date that may appear there. SECTION THIRTEEN. ASSIGNABILITY Subject to at least 30 days' prior written notice to and approval by Owner, Manager may assign its respective rights, interests and obligations under this agreement to any subsidiary, to any corporation with which it merges or is consolidated, or to which it sells the majority of its assets. No other assignment of this agreement or the rights under it by Manager shall be permitted. Owner shall have the right to assign this agreement to any purchaser, lessee or other transferee of substantially all of the assets comprising the fuel dock/marina, provided such purchaser, lessee or transferee expressly assumes by a writing delivered to Manager all of the obligations of Owner under this agreement. SECTION FOURTEEN. COMPETITIVE BIDDING Initials Initials Page 11 of 14 All contracts for repairs, capital improvements, goods and services exceeding $1,000.00 shall be awarded on the basis of competitive bidding, solicited in the following manner: A. A minimum of three written bids shall be obtained for each such purchase. B. Each bid will be solicited in a form prescribed by Owner so that uniformity will exist in the bid quotes. C. Unless otherwise directed by Owner, Manager may accept a low bid without prior approval from Owner if the expenditure is for a budget- approved item and will not result in an excess of the annual budgeted accounting category of the applicable approved operating or capital budget; provided, however, that if Manager advises acceptance by Owner of other than the lowest bidder, Manager shall adequately support, in writing, any such recommendation to Owner. D. Owner shall be free to accept or reject any and all bids. E. Manager may request that Owner waive the competitive bidding rules on a case -by -case basis. SECTION FIFTEEN. FINAL ACCOUNTING Upon termination of this agreement for any reason, Manager shall promptly deliver to Owner the following with respect to the fuel dock/marina: A. A final accounting, reflecting the balance of income and expenses of the fuel dock/marina, as of the date of termination or withdrawal, to be delivered within thirty [30] days after such termination or withdrawal; B. Any balance of monies of Owner or tenant security deposits, or both, held by Manager with respect to the fuel dock/marina, to be delivered immediately upon termination or withdrawal; C. All records, contacts, bookings, leases, reservation books, receipts for deposits, unpaid bills and other papers or documents which pertain to the fuel dock/marina, to be delivered immediately upon such termination or withdrawal; and D. A complete inventory of the assets of Owner, including, but not limited to, personal property, equipment, inventory and consumables. SECTION SIXTEEN. INDEMNIFICATION BY MANAGER Initials Initials Page 12 of 14 Manager shall indemnify, defend and hold Owner harmless from any and all uninsured claims, demands, causes of action, losses, damages, fines, penalties, liabilities, costs and expenses, including attorneys' fees and court costs, sustained or incurred by or asserted against Owner by reason of or arising out of Manager's (or its employees' or agents') negligence in performing or failing to perform the duties and obligations required by this agreement to be performed by it. Notwithstanding the preceding, to the extent that Owner is not fully covered by insurance, Manager shall, to the extent set forth below, indemnify Owner and hold it harmless from any damages, fines, penalties, liability, cost, claim or expense, including attorneys' fees, arising out of or in connection with the operation of the fuel dock/marina or Manager's operations other than at the fuel dock/marina. The costs of indemnity shall be borne as follows: A. If the damage, liability, cost, claim or expense is attributable to (1) Manager's acts which are negligent, or (2) Manager's breach of this agreement, the cost of indemnification shall be borne solely by Manager; and B. If the damage, liability, cost, claim or expense is attributable to any other reason or cause, the cost of indemnification shall be reimbursed by Owner to Manager within thirty [30] days following receipt by Owner from Manager of proof of the payment by Manager of the cost and shall to the extent possible be charged against the operating accounts of the fuel dock /marina. SECTION SEVENTEEN. ENFORCEABILITY If any provision of this agreement or the application of any provision to any person or circumstances is held invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall remain valid and enforceable. SECTION EIGHTEEN. WAIVER OF PROVISIONS None of the conditions or provisions of this agreement shall be held to have been waived by any act of knowledge of Manager, its agents or employees, but only by an instrument in writing, signed by an officer of Manager. SECTION NINETEEN. ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties relative to the subject matter of the agreement, notwithstanding any oral statements to the contrary, and this agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This agreement cannot be changed or Initials Initials Page 13 of 14 terminated orally, but only by writing signed by the party against whom such change or termination is asserted. SECTION TWENTY. BURDENS AND BENEFITS This agreement shall be binding upon and shall inure to the benefit of the respective legal representatives, successors and assigns of Manager, Owner and any future Owner or lessee of the fuel dock/marina. SECTION TWENTY -ONE. GOVERNING LAW This agreement shall be interpreted under and governed by the laws of the state of Florida. SECTION TWENTY -TWO. HEADINGS All headings are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this agreement. SECTION TWENTY- THREE. REPRESENTATION Manager represents and warrants that it is fully qualified and licensed, to the extent required by law, to manage real estate and fuel dock/marina and perform all obligations assumed by Manager under this agreement. Manager agrees to comply with all such laws now or afterwards in effect. The parties to this agreement have signed the agreement as of the dates indicated below. This agreement may be signed in counterparts with each considered originals. OWNER: MANAGER: BOYNTON BEACH COMMUNITY WAYPOINT MARINE, INC. REDEVELOPMENT AGENCY By: By: VIVIAN BROOKS, Executive Director BRIAN F. SMITH, President DATE: DATE: Initials Initials Page 14 of 14 BOYNTON c R A =BEACH CRA BOARD MEETING OF: September 11, 2012 1 Consent Agenda 1 X 1 Old Business 1 1 New Business 1 1 Information Only 1 1 Other SUBJECT: Update and Request for Direction on Splashdown Divers, Inc.'s Commercial Interior Build -Out Assistance Program Grant. SUMMARY: On January 10, 2012, the CRA Board approved the grant and waivers (a copy of the minutes is attached) for an Interior Build -Out Grant to Splashdown Divers, Inc. for the property located at 640 East Ocean Avenue, Ste. 14, Boynton Beach, a/k/a Ocean Plaza. Under the terms of the grant, the applicant had 90 days, from the award of the grant, to complete the project and submit for reimbursement. The interior build -out was to be completed by April 9, 2012 however; Splashdown Divers, Inc. requested an extension of time in which to complete the interior build -out project. The CRA Board granted a 30 day extension at its April 10, 2012 meeting (see attached minutes) which extended the deadline to May 8, 2012. The CRA Board granted a second 30 day extension and reporting at their May 15, 2012 meeting (see attached minutes). At the June 12, 2012 meeting (see attached minutes), the CRA Board approved the issuance of a lump sum check for the balance of unused grant funds totaling $35,393.39 contingent upon receiving PBCC approval to move forward with the CRA's Marina Open Space project. The PBCC met on July 10, 2012 and did not support the CRA's marina open space project. Subsequently at their July 10, 2012 meeting, the CRA Board did not approve the issuance of a lump sum check for the unused grants to Splashdown Divers, Inc. The CRA Board directed staff to comply with draw requests submitted by Splashdown Divers, Inc. provided it complies with funding request documentation requirements (see attached minutes). On July 30, 2012, CRA staff issued the first check in the amount of $8,047.27 as payment to the General Contractor (see attached invoice) to pay for architectural fees and the deposit for an electrician to correct a code violation for unpermitted electrical work. As of August 22, 2012 Splashdown Divers, Inc.'s permit application #12 -2723 was reviewed and rejected by City staff pending required plan revisions (see attached emails). FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS /OPTIONS: Grant Splashdown Divers, Inc. a sixty day extension until November 14, 2012, to complete the interior build -out project. {XXL- Michael Simon Development Director Ci13oaT102 d Mtes: Jauan Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL January 10, 2012 XI. Old Business: A. Consideration of Waivers/Variances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Facade Grant for Splashdown Divers, Inc. Motion Mr. Holzman moved to approve the three items. Mr. Buchannan seconded the motion that unanimously passed. XII. New Business: A. Consideration of Taking Ownership of City-Owned Property located at 110 NE 6 Street, at Ocean and Casa Loma Blvd., as Part of the CRA Boynton Harbor Marina. Motion Mr. Karageorge moved to approve and it was seconded by Mr. Buchannan. The motion unanimously passed. B. Consideration of Issuing General Contracting Services Bid RFP for Interior Build -Out of Jones Cottage Motion Mr. Holzman moved to approve option 3, as recommended by the Executive Director, to issue an RFP. Mr. Karageorge seconded the motion that unanimously passed. Mike Simon, Development Director, wanted to bring to the Board's attention that the responses were submitted to the Building Department for their first round of comments. He felt based on past experience, It would be in everyone's best interest to have full fledged sets of drawings before proceeding to an RFP. He would advise when they were released. It could create a delay of a week or two. Amended Motion Mr. Buchannan moved to amend the motion based on staff's recommendation. Mr. Karageorge seconded the motion that unanimously passed. 4 CRA Board Minutes: April 10, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 10, 2012 funding to come through. Another component she was working on was the educational portion with the South Florida Science Museum, who had dedicated funds for the project. Although the Museum was not within the City, those types of connections were occurring throughout South Florida and elsewhere. The Wind Capital Group was interested in assisting, but she did not have a formal commitment. Word was anticipated within the next few weeks. The County Cultural Council was a sponsor and was also providing in -kind services. As to museums, the Boca Museum was interested in having satellite exhibits showing the work from the artists exhibiting in Boynton Beach or extending the exhibit. Mr. Holzman inquired if the funds raised, to -date, were sufficient to cover expenses from now until the end of the event, and as to the in -kind contributions, if she felt secure the event could be held without having to approach the City or Community Redevelopment Agency for funds. Ms. Coles -Dobay responded she felt the funds acquired were sufficient to hold the event as planned. The educational portion of the event could occur, but it was not a vital component needed to hold the exhibit and symposium. She emphasized the in -kind donations were as important as cash because it was a barter arrangement. C. Consideration of Extension of Time to Splashdown Divers, Inc. to complete its Interior Build -Out and Commercial Facade Projects. Ms. Brooks explained a communication was received from Ms. Simmons requesting an extension. Ms. Simmons had 90 days to complete the interior build -out, which would have ended on April 9th. The Commercial Facade was granted on January 10th giving her 120 days to complete the project, by May 9th. She noted there was a history of extensions and the agenda item detailed the variances from the grants she received. Lynn Simmons, Proprietor of Splashdown Divers, 640 E. Ocean Avenue, Unit 14, requested the extension due to a lack of funds. Attorney Cherof suggested the Board review this item periodically, and consider an extension to be reviewed at the May 8th meeting. Vice Chair Orlove inquired about the executed contract and W9 form. Ms. Brooks explained the Agency would pay the contractor directly and had just received the contract from the contractor yesterday. Now that it was obtained, Ms. Simmons could go forward with the work. This was one of the waivers granted to Ms. Simmons as other recipients had to lay out the funds up front and the Agency reimbursed them. This accommodation was made in January. The extension was needed because the work had not been done. Ms. Simmons explained she was waiting for an architectural drawing and the architect required a $500 payment upfront. Ms. Simmons explained she did not have the money 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL • ril 10, 2012 and the contractor could not proceed because the City would not issue any permits until the architectural drawings were received, Motion Mr. Holzman moved to extend the contract to complete the necessary items under the grant until May 8, 2012. Vice Chair Orlove seconded the motion for discussion. Vice Chair Orlove explained to Ms. Simmons the Board was assisting her in a way that they do not normally do. He inquired what would be an appropriate extension. Ms. Simmons hoped the build -out would be completed in three months and commented it could not be done within 30 days. Mr. Karageorge expressed frustration and explained Ms. Simmons was aware architectural drawings were needed in January as part of the application process and staff was upfront with her. Ms. Simmons took responsibility and explained she was not aware of the time restrictions. She assumed the waivers covered her needs but she was incorrect. After brief discussion, there was agreement 30 days was an appropriate amount of time to revisit the issue and see what progress was made. Vote The motion unanimously passed. D. Update on Request to Palm Beach County for Amendment to Waterfront Easement Ms. Brooks explained staff was going to appear before the County Commission on May 1st. She invited the Board members to attend and would advise the Board where the item was on the agenda when she received it. Some of the dive boat captains would be present to support the redevelopment plan at the Marina. Staff met with some of the County Commissioners to explain what was occurring and how it fit a Marina public purpose. Additionally, if any of the Board members were so inclined, they could contact the County Commission and let them know what the City wanted for its future. Vice Chair Orlove agreed to attend and announced he was scheduled to meet with Commissioner Aaronson next week. He planned to discuss the issue with him at that time. B. Consideration of Merchant Card Processing Services RFP Susan Harris, Finance Director, explained the Community Redevelopment Agency accepts credit cards at the Marina location and has used the same vendor for the past five years. During that time, the rates have gradually crept up. Last year, she renegotiated the rates with that vendor, as well as American Express, and the rates 9 CRA Board Minutes: May 15, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 B. Events Recap — April 2012 C. Rustic Retreat Commercial Facade Project Completion Mr. Karageorge mentioned that if anyone had not seen the finished product, it was a big improvement to Federal Highway. It was cleaner and neater and encouraged people to visit the site. D. Quarterly Update — Media Coverage Mr. Orlove commended Margee Walsh for the publicity received in the last two weeks. There had been positive publicity about several activities occurring in the CRA. He also inquired if she could count up the column inches received in publicity. He felt it would be good to show value added publicity received. E. Service Agreement between the CRA and Swan Development Advisors, Inc. for an Amount not Exceeding $10,000 to Provide Developer Review and Market feasibility Analysis of the Lansing Melbourne Proposal for the Old High School Mr. Karageorge thanked Ms. Brooks for the firm selected. He was familiar with their work and expressed they were a quality firm. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened the Public Comments. There being none, Public Comments was closed. XII. Old Business: A. Outcome of the May 1, 2012 Palm Beach County Commission Meeting Regarding the Marina Open Space Project Mike Simon, CRA Development Director, advised this item was a brief summary of the outcome of the meeting that was held by the Palm Beach County Commission on May 1st. The meeting included CRA's presentation of the demolition of the Dive Shop building and the moving forward with the permit- approved plan. It woud create a public space at the marina, with seating, lighting, landscape enhancements, and hardscape along with roadway improvements. Those in attendance, along with Mr. Simon, were Ms. Brooks, Attorney Cherof, Mr. Orlove and Chair Hay. Despite efforts, the County Commission voted to table approval or disapproval of the request to move forward with the project and support continued efforts by the CRA and staff to work with Ms. Simmons and the Dive Shop. It was identified that the Marina Village area, if not the Dive Shop, was a suitable and desirable location for Ms. Simmons. Mr. Simon advised Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 he attempted to speak to anyone who had an available unit within Marina Village and provided information on those units in a spreadsheet supplied to the Board. He described the available units and the unit Ms. Simmons was interested in. He advised staff was looking for direction from the Board whether to become involved in negotiations for Ms. Simmons. Mr. Karageorge opined that the unit being discussed was a very good deal and felt it was a good starting point. Since the Board was not involved at this point, Ms. Simmons could negotiate with the management company and he would encourage that. Chair Hay was in concurrence. Mr. Simon proceeded to describe the other units that were available along with their locations. Mr. Buchanan commented that this was an agreement between two private parties and did not feel there was a place for the Board to comment. Mr. Orlove commented that based on the meeting with the County, the County felt it was the Board's obligation to assist and felt it was also their obligation to assist, as well, as long as something comparable could be found. No discussion had taken place with Ms. Simmons yet, only with the landlord. There was discussion on the build -out grants and extensions. Mr. Buchanan inquired if Ms. Simmons had shown interest in moving to the location being discussed. Mr. Simon indicated the only interest shown was through her public statements. He added that the one of the goals of the CRA, despite the issues that are at hand, would be to redevelop the marina. The desire would have been for it to go smoother. Motion Mr. Buchanan moved to direct staff to conduct negotiations and to extend the two grants with a 30 day reporting period. Mr. Karageorge seconded the motion with discussion by Mr. Orlove. He inquired if it seemed like a reasonable option to Ms. Simmons. Lynn Simmons, Splashdown Divers, 640 E. Ocean Avenue, Unit 14, confirmed the rent amount of $1,900 and mentioned it was for less space than she had currently. She added it was a priority for her to be closer to the boat and if the building had to come down, which was another issue, she would certainly pursue anything closer to the boat. There being no further discussion, the motion was passed 7 -0. XIII. New Business: A. Discussion of Potential Dates for the CRA Budget Workshops Ms. Brooks requested direction for a date for the budget workshops. After discussion, it was decided to hold the Workshop on August 22, 2012 at Intercoastal Park. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 XIV. Executive Director's Report A. Project Status Update and HOB Investment Update There were no comments received on this item. XV. Future Agenda Items: A. Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics (Tabled 11/8111) XVI. Adjournment Chair Hay adjourned the Community Redevelopment Agency portion of the meeting at 6:50 p.m. ea Ellie Caruso Recording Secretary 7 CRA Board Minutes: June 12, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 done, that block would be cleaned up. The Community Redevelopment Agency paid for a master plan for Sara Sims Park, and these four acquisitions, in addition to the Brandom property, would be added to the Park Ms. Brooks planned to put railroad ties on the properties to prevent cars parking on the premises, and lay drought resistant sod. This would make a big difference in the streetscape on Seacrest. It was noted there was an eyesore across the street. Ms. Brooks agreed and suggested starting with Code Enforcement. She pointed out anyone wanting to go to the Carolyn Sims Center understood the gauntlet they had to pass through to get to the Center. It was in everyone's best interest to clean up the area. Once this area was cleaned up, the City could begin looking to build single - family homes in partnership with the private sector. Vice Chair McCray explained years ago, cleaning up the area was in the HOB plan, but since this opportunity presented itself, staff would have these properties cleaned up and then continue across the street on the other properties. He thought it was a shame the public had to pass by such a condition to get to a lovely elementary school. Attorneys Cherof and Tolces were thanked for their efforts. Vote The motion unanimously passed C. Update on the Request to the PBCC for an amendment to the Waterfront Easement Agreement at the Boynton Harbor Marina and status of ongoing issues with Splashdown Divers, Inc. Mike Simon, Development Director, recalled at the May meeting, staff reported that Commissioner Orlove, Attorney Cherof, Ms. Brooks, and he attended the Palm Beach County Board of County Commissioners meeting. They listened to a continued discussion of the item and another 30 -day extension of the tabled item was granted. At the May 15th Community Redevelopment Agency meeting, he presented several options to the Board in an attempt to assist Ms. Simmons locate in Marina Village, which would provide a solution and respond to the County's direction to get her back into the Marina if possible. In a good faith effort, he met with the owners of Z Management who own property Unit H next to their office in Marina Village. He facilitated a meeting on May 21st with Ms. Simmons, her husband, a crew member from her vessel, George Zarcadoolas - one of the principals of Z Management, and their realtor Adolfo Castellano, Jr. The meeting was a good meeting, and he attended it to gauge where both parties were as a potential E Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 landlord and tenant, and to see if something came out of the meeting that would apply to the Community Redevelopment Agency. As a result of the meeting, Mr. Simon was presented with a Letter of Intent (LOl) between the two parties. At that time, the price and terms applicable to the agency were for $1,000 per month plus five percent of gross to Ocean Management Services for a five -year lease, contingent on the Community Redevelopment Agency contributing to the monthly CAM portion of approximately $554 per month. The deposit would be first and last security, amounting to $3,000 and the CAM amount in full was the second deposit. These actions were between the potential tenant and the management company to be presented to the Board because they tied a contingency of the LOI to the Board. The next day, they received a copy of a letter Ms. Simmons sent to the Palm Beach County Board of County Commissioners with references to her feelings about the Marina Village Unit, which were not all positive, but that she might be able to make it work. Staff has presented the Board with options as contained on the agenda item. The next County Commission meeting was July 10th. Mr. Simon explained the funds remaining were approved grant funds originally applied to the 640 E. Ocean Avenue address. If approved, anything other than the lump sum, should be applied to the address in the LOI, which was 100 Casa Loma Boulevard, Unit H or 108. Chair Hay inquired of Ms. Simmons what she was looking for. Ms. Simmons responded what would make her happy was to keep the building and use it the way it should have been used. She reiterated her statement made last month that she would move into a hut if it was in the Marina. She commented she would move to the space that was available, but she could not do it financially. She explained it was not big enough so she had to keep what she had if the landlord would accept a lower rent. She noted the landlord was discussing it with her. The future landlord offered a reasonable rent for part of her business and she was willing to do that. She indicated she needed help. Ms. Simmons explained she could not make any positive permanent decisions about monies coming in or being spent today because the matter could drag on until next year, so she had to stay where she was and continue with the current plans, which were to renovate her current space to a usable status. The money provided by the Community Redevelopment Agency was already promised to the general contractor that she hired and work was ongoing. Mr. Buchanan questioned Ms. Simmons' comments that the Marina Village location would not be large enough. Ms. Simmons responded it was not large enough for everything. She explained she previously had 1,250 square feet. Her current location was nearly 1,800 square feet. She contended she would have to give up her classrooms and repair station to move into the smaller unit. Everything else could move 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 over to the new location. Mr. Buchanan inquired about the differences in square feet and classrooms, repair station and others compared to what Ms. Simmons had before she moved to her current location. Ms. Simmons explained her classroom consisted of her retail floor which was totally unacceptable. She did not have a classroom then The square footage of the old building was 1,250 square feet and the proposed new location was about 1,030. Ms. Simmons requested the Board remember the County Commission's perception of what they obtained for the $2 million grant. They were told they had a building with classrooms. She noted the classrooms that were there were upstairs in a different business, which had nothing to do with her. The County expected her dive shop to have a classroom Mr. Orlove disagreed with her comments. The property which housed the old dive shop would not be rehabilitated or renovated and he believed that with further discussion, the County would see the Board moved forward in making Ms. Simmons as "whole" as possible. Mr. Simon explained the prior space had a difference of about 180 square feet. If the two units were added together like she requested, her square footage would be just under 2,900 square feet. Ms. Simmons commented she had outside space in the old building she was able to use for ice makers and storage which she now had to put inside the old ice cream shop space which reduced the usable space. The original 1,250 square footage was inside space. Mr. Orlove thanked Mr. Simon and staff for their work on the item. As to Option Four, offering an amendment to the waterway easement, he inquired if the County would be agreeable to the amendment. Ms. Brooks explained Ross Herring thought it would be a good path to follow because it was all a public and marine use and it was consistent with the intent of the waterfront program. In reference to Option Five and the lump sum disbursement, the calculations revealed the amount of money could nearly cover the CAM fees or could be used for other purposes. Mr. Orlove noted at the last County meeting, there was discussion if the Board was able to do certain things, one of which was to find space as close to the vessel as possible, which staff did, the County may offer some sort of financial grant or incentive as well to ensure there was a dive shop and facilities within the Marina. However, no such discussions have been held. He suggested this item be brought up at the July County Commission meeting for further discussion based on the Board's decision tonight. Chair Hay thought the Board should support Option Four or Five. Mr. Karageorge inquired if Mr. Herring would be willing to indicate his support to the County Commission in writing. Ms. Brooks indicated this was already discussed with Mr. Herring. First the Board needed to make a recommendation and then Ms. Brooks would convey the decision in writing to him. He anticipated receiving the letter and his support would be Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 very helpful. It was noted County staff supported the Community Redevelopment Agency all along. Mr. Karageorge commented in regard to Option Five, once that option was executed, it would be Ms. Simmons' responsibility to move forward however she chose, and their relationship was severed. They would not be a party to any landlord tenant agreement. Mr. Buchanan had been supportive of the dive shop, the birds and waiving many of the grant's requirements. He supported Option Four but would not support Option Five unless it was presented to the County Commission. If the County indicated the Option satisfied the Community Redevelopment Agency's obligation, they could move forward. It was thought the County would be hesitant to tell the Community Redevelopment Agency how to conduct business. Lengthy discussion followed the County wanted the Board to find a location for the dive shop closer to her vessel, which the Board did. As to funding, it would show good faith on the part of the Agency to help work out an arrangement and keep a dive facility within reach of the dive boat. Commissioners Santamaria and Aaronson expressed moving her closer would be satisfactory, and if they moved forward, Mr, Orlove agreed they would have the majority of the County in favor. Mr. Simon explained during the meeting with Z Management, the Management Company began their negotiations in good faith at $1,900 plus Common Area Maintenance (CAM) charges. They are the real estate investment firm who owned the unit and they offered the price contained on the MLS listing. Ms. Simmons was clear she could only pay $1,000 per month and the space was not large enough. Subsequent to the meeting, in an effort to accommodate Ms. Simmons, and due to them being a philanthropic type group with the City, they reduced the price to $1,500, but there was a gap, which was why Mr. Simon attended the meeting. The gap, according to Ms. Simmons, at the time and in accordance with the LOI was the $500 CAM. There was actually a little extra in the difference between the first and last month rent and over the entire 60 months of the lease amount, the gap could be paid for by granting any Option. Mr. Simon suggested going with the lump sum, instead of having the finance department provide monthly disbursements. Doing so to an outside party they do not have an agreement with was onerous to the Agency and staff. He did not want to pay a landlord for five years of CAM to a tenant who said she could barely make it work now. He did not know if there would be a reverter clause, and there was all types of language that would have to be added to a third party agreement with the landlord which became cumbersome. It appeared to staff that the County was adamant since January, that an important piece of the solution for the Community Redevelopment Agency was to get the dive shop back in Marina Village. There was no unit closer to the vessel than this unit. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 Mr. Buchanan agreed with the comments but noted Ms. Simmons indicated that was not adequate. He thought she would go back to the County Commission the next month indicating she had to have both places. if the County said now you have to do this, he thought they needed assurance from the County Commission the Agency fulfilled its obligation, and could move forward with the project. Motion Mr. Orlove moved to direct staff to offer an amendment to the Palm Beach County Waterfront Easement, Option Four in the backup and Option Five to provide a lump sum disbursement to Splashdown Divers from the unused Commercial Grant Funding in the amount of $35,393.39 and to offer this at the County Commission meeting on July 10th, but to also request the County Commission assist with some sort of funding for this dive shop. Mr. Karageorge seconded the motion for discussion Mr. Karageorge noted the motion did not indicate when the funds would be disbursed, and it should come after the July 10th County Commission meeting. Vote Mr. Orlove agreed and amended his motion to direct staff to move forward on both items at the July 10th meeting and only when the County Commission approved it. Mr. Buchanan seconded the motion which unanimously passed. Chair Hay inquired of Ms. Simmons if she would go to the County Commission and support the decision. Ms. Simmons responded she would attend the meeting and extend thanks for helping her to move back into the Marina. She did not believe putting the Dock Master Building on the property would suffice the intent of the easement the Board originally signed. When asked for a yes or no response, Ms. Simmons said she did not know. She indicated the next day her general contractor may ask for $35,000 when he obtained the permit the City held up. She noted just because there was $35,000 out there did not mean she would keep building out what she had because it could drag out for another two years. She commented she had to be somewhere. Mr. Orlove responded she was somewhere and it was based on an agreement she made with the Board, that a Court approved, and that she agreed to. He contended she was not forced into an agreement. It was done in an open meeting a year ago with her legal counsel present. The Board worked in good faith to try to move forward with the plan the Community Redevelopment Agency and City had which was to have an attractive and working marina and to ensure her business was there. When the County Commission stated at a meeting she attended that the Agency's role was to get her as close to the water as possible, which they did, he questioned why she would not agree with it. The Dive Shop building was not in the equation. If the Agency goes to the County Commission and she indicated she did not agree with their decision, he did not know what more could be done to move the matter forward 1n CRA Board Minutes: July 10, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida Jul 10, 2092 Facebook page, Twitter, the website and a mailing. The Woman's Club was reserved and a guest speaker would be in attendance for the hour long seminar C. Events Recap — June 2012 There were no comments or questions. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened Public Comments Herb Suss, 1711 Woodfern Drive, opined that the CRA was making progress in various areas, but felt the time had come to once again consider bringing the CRA into the City. This would decrease expenses if both were incorporated and worked together. If this was done, it could possibly make projects, such as the downtown, move faster. Willie Aikens, 726 NE 1 Street, wanted to thank those that attended Gertrude Sullivan's service and to show appreciation for everything done for the Heart of Boynton. He also advised that there were citizens asking if anything was planned for this year or next for MLK corridor and what the current progress was. Ms. Brooks advised there were four properties being slated for purchase on the west side of MLK, and the drug ridden properties on the south side by Seacrest. The City was slated to buy two and the CRA was slated to buy two and that would go into the Sara Sims Park. Currently, the properties are problem areas and are centers for drug activity. Chair Hay closed Public Comments, X1I. Old Business: A. Update on the Request to the Board of County Commissioners to Amend the Waterfront Easement for the Marina Ms. Brooks advised the purpose of the meeting was to amend the easement agreement. A tenant who was actually no longer a tenant and had been an at -will tenant signed a legal agreement which was causing a lot of public time and resources to be spent. Mr, Holzman inquired of Attorney Cherof if he felt the County Attorney shifted his original point view. Attorney Cherof stated the matter had gone before the County Commission on three occasions after being reviewed by County staff, including someone from the County Attomey's office. Each time it got there, the agenda item was deemed appropriate, and had been blessed as a proper agenda item to be granted. The Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 10, 2012 meeting this date seemed to be a turnaround on that particular issue and possibly a misreading on the entire easement document. There was discussion by Mr. Holzman regarding what he felt was a misunderstanding. It was possible the County thought Splashdown Divers was an involved party and possibly was owed something. He thought maybe a letter should be sent to them clarifying what the issue was about. He suggested to possibly resolve the situation, allow them to take over the building, take care of the structure and the maintenance, and rebuild it. If they did not want to do that, they would need to allow the City to tear it down. There was a very lengthy discussion on the content of the meeting and the building at the marina. Attorney Cherof suggested not to go back to the Commission and withdraw the application and proceed to develop the marina as the Board had done in the past to the benefit of the community. Motion Mr. Holzman moved to remove the application and move forward with the plans as set forth by the Executive Director for that particular building. The motion was seconded by Mr. Karageorge with discussion by Mr. Orlove. Mr. Orlove wanted to know what the County's response was to the Board's decision to arrange a situation to help the tenant find another location that was closer, which was what the County originally asked the Board to do. They also stated previously that they would give funding assistance. Ms, Brooks stated additionally, the CRA was going to give them an easement for the new building, but they did not care. She commended Attorney Cherof on an excellent job of making it clear and concise that Lynn Simmons of Splashdown Divers would in no way be a tenant in any property of the CRA. Mr. Simon made a very clear presentation to the County regarding the space found for Ms. Simmons and explained it was a space she put a purchase contract on. She then decided it was totally unsuitable for her. The County ignored the information and advised the Board to come back on July 24 when they would determine if there was funding assistance available. Because Ms. Simmons sued the City, she feft she would get a free condominium retail unit on the backs of the public, the County and the City. Mr. Orlove reminded the Board that the lawsuit had been settled. He also opined that the Board and the City did everything required by the County and even went above and beyond what was required. He suggested moving along with the original plans of tearing down the building and moving forward. There was no cooperation from the County. Attorney Cherof suggested a sequence of steps. First, withdraw the application and then evaluate what the next redevelopment options are and the timing of them. The other recommendation would be to honor the court order entered into to settle the case with Splashdown Divers. Mr. Orlove inquired if the Board could request staff to work with the City to begin the permitting process to demolish the building. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 10, 2012 Mike Simon, Development Director, advised the permits were already approved and were waiting for the outcome and direction of the Board and /or the County. CRA was ready to go to an RFP and move forward with the project. Mr. Orlove suggested amending the motion to include the demolition of the building. However, Attomey Cherof advised it would not be the right time to provide that type of specificity to deal with the demolition. That would be another issue in due course that would come before the Board. Ms. Brooks brought up the subject of funds. Other cities had received more funding than Boynton Beach. Riviera Beach received $5 million and had an amendment for their agreement that was simple consent. Palm Beach Job Center received $14 million and had their agreement amended. County staff pointed out that those easement agreements had been amended easily. Ms. Brooks did not understand why the City received the least amount of money, had done the most with the least amount of money and now it almost seemed personal dealing with the County on this issue, which is the feeling received when meeting with them. Vote After continued discussion, the motion unanimously passed Mr. Simon advised there was an outstanding issue with regard to the funds that had been allocated to Splashdown Divers in the form of grants. There was $35,393.93 that was associated with the approval of the interior and facade grants that Splashdown Divers was to be using. At the last meeting, it was decided not to grant an extension of the grant time period, but instead hold in advance, a lump sum to lease a new place or to fix up the existing place based on the decision of the Board and the Palm Beach County Commissioners. The situation now was that there were grants that had time - expired by 60 days due to 30 day extensions. It was not done at the last meeting and it did not get the approval at the County meeting which was a condition of those grants. As a financial housekeeping issue, Mr. Simon suggested to either grant an additional 30 day extension of the grants or to entertain the lump sum payment again or some variation of it. Attorney Cherof indicated the money was earmarked for the City's compliance with the court settlement. Mr. Simon mentioned the grants language in the settlement indicated that Splashdown Divers may apply for those grants and the Board may approve those grants. It was the opinion of many to recommend not having to continue this ongoing battle to release funds, approve funds, and ask for documentation. Mr. Orlove stated at the last meeting, he made a motion and Mr. Karageorge amended it which discussed the funds being disbursed and that it be done after the July 10 meeting. The motion was remade to state "only when the County Commission Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 10, 2012 approved our amendment ". That did not happen at today's meeting. His opinion was that the funds should stay with the CRA pending the decision of the County. Attorney Cherof suggested deferring this issue to the next agenda. He opined the communication to the County, which would be communicated to Ms. Simmons as well, would serve a very valuable purpose. The information and options would be better if deferred. There was discussion on whether to hold funds or honor a pending request for funds if there was one. Attomey Cherof suggested complying with the draw requests for funding, as long as Splashdown Divers complied with the request requirements. B. Consideration of Issuing an RFP for the Boynton Harbor Manna Entry Signage & Landscaping Project — 222 N. Federal Highway Mr. Simon advised this was to approve release of the Request for Proposal for the Boynton Harbor Marina signage which was currently the site of the Farmer's Market. The attachments included a diagram and design layout of the project. The RFP would be released on July 11 with a response deadline of Thursday, August 2nd Motion Mr. Holzman moved to approve issuance of RFP. The motion was seconded by Mr. Karageorge and unanimously passed. XIII. New Business: A. Consideration of Issuing an RFP for Marina Management Services Mr. Simon explained this was for issuance of an RFP for the Boynton Harbor Marina, fuel dock and marina slips management services. In January 2007, the CRA purchased the existing fuel pad and at that time, Waypoint Marine was the company that was managing it and was acting fuel dock manager prior to the CRA purchasing the property. The CRA was very pleased with the management services and approved a two -year contract and an additional two -year renewal. The contract had expired and they were required to conduct a solicitation for management services. The RFP would be issued on July 11 and the response would be due by August 2 " Mr. Simon suggested the terms be a three -year initial term and two three -year renewals. Motion Mr. Buchanan moved to approve the issuance of the RFP. The motion was seconded by Mr. Karageorge and unanimously passed. General Contractor's Invoice Boynton Beach Community Redevelopment Agency MEMO Date: July 24, 2012 To: Susan Harris, CRA Finance Director & Vicki Hill, Assistant Finance Director From: Theresa Utterback, Administrative Services Manager Cc: Vivian Brooks & Michael Simon Re: Interior Build -Out Grant Program Splashdown Divers, Inc. On January 10, 2012 the CRA Board approved Splashdown Divers, Inc.'s Interior Build - Out Grant Application along with waivers to the grant as part of a legal settlement. Attached is a copy of the 1/10/12 Minutes and the waivers to the grant. Attached is Invoice #10 -5572, in the amount of $8,047.27, from Dennis Porcelain Enterprises, Inc., the General Contractor for Splashdown Divers, Inc.'s Interior Build -Out project. Splashdown Divers, Inc. is an S Corp. For sole proprietorships, partnerships, s- corporations and 1099 -MISC eligible employees, copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Splashdown Divers, Inc. has three full time employees that "are working on an `I.O.U.' basis until there is enough income at the new shop location to generate funds ". See attached letter from Splashdown dated April 5, 2012 and email dated 7/12/12 confirming her employee situation. Splashdown has also provided proof that it has filed for an extension in which to pay its Business Income Tax. Pursuant to the waivers of Splashdown Divers, Inc.'s Interior Build -Out Grant Application checks are to be made payable to the General Contractor. Therefore, please process a check in the amount of $8,047.27 as payment #1 to Dennis Porcelain Enterprises, Inc. Grant $15,000.00 Payment - $8047.27 Balance $6,952.73 PLEASE DETACH AND FILE 001332 01 -1142 ** DENNIS PORCELAIN ENTERPRISES, INC. ** 07/30/2012 DATE I.D. PO # DESCRIPTION AMOUV 7/30/2012 PAYMENT 1 DENNIS PORCELAIN ENTERPRISES, 8,047.2 02 - 58400 -444 DENNIS PORCELAIN ENTERPRIS 8,047.27 Iii4. - 7 ,--t , i--' / 7 L---- CHECK TOTAL 8,047.27 Boynton Beach Community Redevelopment Agency- 710 North Federal Highway - Boynton Beach, FL 33435 -5612 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL January 10, 2012 XI. Old Business: A. Consideration of Walvers/Varlances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Facade Grant for Splashdown Divers, anion Mr. Holzman moved to approve the three items. Mr. Buchannan seconded the motion that unanimously passed. )1II. New Business: A. Consideration of Taking Ownership of City -Owned Property located at 110 NE 6 Street, at Ocean and Casa Lorna Blvd., as Part of the CRA Boynton Harbor Marina. Motion Mr. Karageorge moved to approve and it was seconded by Mr. Buchannan. The motion unanimously passed. B. Consideration of Issuing General Contracting Services Bid RFP for Interior Build -Out of Jones Cottage Motion Mr. Holzman moved to approve option 3, as recommended by the Executive Director, to issue an RFP. Mr. Karageorge seconded the motion that unanimously passed. Mike Simon, Development Director, wanted to bring to the Board's attention that the responses were submitted to the Building Department for their first round of comments. He felt based on past experience, It would be in everyone's best interest to have full fledged sets of drawings before proceeding to an RFP. He would advise when they were released. It could create a delay of a week or two. Amended Motion Mr. Buchannan moved to amend the motion based on staffs recommendation. Mr. Karageorge seconded the motion that unanimously passed. sue„ tr y B oyN T N c RA =BEACH CRA BOARD MEETING OF: January 10, 2012 I Consent Agenda I X I Old Business I I New Bodeen 1 Public Hearing I I Other SUBJECT: Consideration of Waivers/Variances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Facade Grant for Splashdown Divers, Inc. SUMMARY: Splashdown Divers, Inc. rented 700 Casa Loma Blvd. from the CRA since 2006 when the CRA obtained the marina property. The CRA is demolishing the building Splashdown Diver's Inc. occupied which required Splashdown Divers, Inc. to relocate. Splashdown Divers Inc. is relocating to Ocean Plaza, 640 E. Ocean Avenue, Ste. 13 & 14, Boynton Beach, FL 33435. At the September 13, 2011 CRA meeting the Board advised Splashdown Divers, Inc. to take advantage of the CRA grants and recognized that there would be a need to waive the grant requirement regarding the increase of 50% square footage (9/13/11 CRA Minutes attached). Splashdown Divers, Inc. has submitted applications for the Interior Build -Out, Rent Subsidy and Commercial Facade grants that the CRA offers to businesses within its District. After review of the grant applications the following waivers are needed in order to process the grants as submitted by Splashdown Divers, Inc.: Interior Build -Out Grant Waivers: Attached is a copy of the Interior Build -Out Grant Application as submitted by Splashdown Divers, Inc. The requirements have been highlighted for your convenience. The followings waivers are requested: I. The Interior Build -Out Grant is a reimbursable grant to the tenant and/or landlord. Splashdown Divers, Inc. is requesting the grant money and/or a portion of the grant money (max. of $1 5,000) be released directly to the General Contractor on a draw basis. 2. In order to obtain the full amount of the grant, the applicant must employ three (3) full time employees. At this time Splashdown Divers, Inc. cannot verify the number employees. See attached UCT -6 form, 2008, 2009 & 2010 tax returns. 3. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Splashdown Divers, Inc.'s previous location was 1251 sq. ft. — the new Location is 1760 sq. ft. (increase of 509 sq. ft — required increase 625.50 sq. ft.) The space has not increased by 50% - See attached floor plans for each space. 4. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). Splashdown Divers, Inc. entered into a one year lease. See attached Lease. 5. The applicant must provide a copy of its business plan, including executive summary and three year financial projections of revenues and expenses. Splashdown Diver's Inc. did not provide a business plan with the application. 6. The applicant must provide copy of design and construction plans associated with the proposed improvements. At this time Splashdown Divers, Inc. has not provided the CRA with a proposal, estimate or scope of work from a general contractor. Rent Subsidy Grant Waivers: Attached is a copy of the Rent Subsidy Grant Application as submitted by Splashdown Divers, Inc. The requirements have been highlighted for your convenience. The followings waivers are requested: 1. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Splashdown Divers, Inc.'s previous location was 1251 sq. ft. — the new location is 1760 sq. ft. (increase of 509 sq. ft — required increase 625.50 sq. ft.) The space has not increased by 50% - See attached floor plans for each space. 2. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). Splashdown Divers, Inc. entered into a one year lease. See attached Lease. 3. The applicant must provide a copy of its business plan, including executive summary and three year financial projections of revenues and expenses. Splashdown Diver's Inc. did not provide a business plan with the application. Commercial Facade Grant Waivers: Attached is a copy of the Commercial Facade Grant Application as submitted by Splashdown Divers, Inc. The requirements have been highlighted for your convenience. The followings waivers are requested: 1. The Commercial Facade Grant is a 50% matching reimbursable grant up to a total of $15,000.00. Splashdown Divers, Inc. is requesting the grant money and/or a portion of the grant money (max. of $15,000) be released directly to the general contractor on a draw basis and the waiver of the 50% match of funds by the applicant. Therefore, the CRA would be providing a maximum payment of $15,000 to the general contractor with no matching contribution made by Splashdown Divers, Inc. 2. The Facade Grant program may only be used one time in any five year period for any one property. Splashdown Divers, Inc. does not own the property. This condition of the grant should be waived due to the fact that the owner of the property has expressed interest in applying for the Commercial Facade Grant in order to make improvements to the property (i.e., parking lot resurfacing/restriping) which are unrelated to the improvements being requested by Splashdown Divers, Inc. staff will request the applicable documents from the general contractor prior to releasing any funding. At this time, Splashdown Divers, Inc. has not provided the CRA with a proposal, estimate or scope of work from a general contractor, a. Project work write -ups describing in detail the scope of the project. b. Plans or sketches. c. Third Party cost estimates from three licensed contractors d. Estimated time line. e. Evidence of financial ability to pay for the project. f. Signage design with colors & materials. g. Project color chips/material samples and material specifications. FISCAL IMPACT: Project Fund line item: 02 -58400 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Provide direction to staff on the requested waivers and approvals of the requested grants. Vivian Brooks Executive Director Dennis Porcelain Enterprises Inc. License #CGC 1512409 Date Invoice # 18793 125th Ave. N. Jupiter, FL 33478 6/4/2012 10 -5572 Due Date Bill To 6/4/2012 Splashdown Divers Lynn Simmons 640 E. Ocean Ave #14 Boynton Beach Fl. 33435 561- 736 -0712 Location / Description Job Number Request payment for work preformed. 1,967.27 Interior painting from D A handyman services Architectural fees 5,080.00 INVOICE NO: 12 -008A ARCHITECT'S PROJECT NO: 12 -008 Deposit requested for electrician. 1,000.00 Lynn..81 ns Total $8,047.27 Phone # Fax # E -mail Balance Due $8,047.27 561- 248 -6839 561- 745 -1631 DPorcelain2@msn.com tl p. to ; k r f / i ., }r t P.O Box 542350 Invo i c Phone: 561 -T14 -3828 Invoice No. Bill To: Ship To: 10001 Splash Down Divers Boynton Beach Fl. 33435 Customer ID: Date Order No. Sales Rep. FOB Ship Via Terms Tax ID 2/2/12 Quantity Item Description Discount Taxable Unit Price Total 10 gal. B31 -W651 200 vac 62.49 624.90 3 6105 Tuff Top 2pt Iaytex 105.79 317.37 1 Labor/ Walls 575.00 575.00 2 Labor/ Floors 225.00 450.00 Subtotal: 942.27 Tax: Shipping: Miscellaneous: 1025.00 Balance Due: 1967.27 AL3 7.2 01F 03:48 FROM:8=''i'f.. ELEC. TRIL 1tgL. 5F,InF,'c_Ib�'r 1 of r- t-in - i r.1 BRYAN'S ELECTRIC INC. LICENSED • INSURED • BONDED RESIDEN11AL, COMMERCIAL, & SERVICE PH: (561) 714-4058 • FAX: (561) 688-8577 BryansEiedncliAttNet Customer's 13 H 6)7 , ,2 / -2- Order No . Date % d M J 9iv c k, CAI , mss (n r v r. .�...nc, Address . tc to,__ A ....- SOLD BY CASH C.O.D. CHARGE ON ACCT. QTY DESCRIPTION PRICE AMOUNT MD, - 1 t_LTr c"9. lirl L \ ad L claims and return . goods MUST be accompanied by this bin. Received by -------- - DUPLICATE t SO SCOTT D. DYER ARCHITECT AR 001551 PROJECT: Splashdown Divers DATE: June 14, 2012 640 E. Ocean Avenue, Suites 13 -14 INVOICE NO: 12 -008A TO: Mr. Dennis Porcelain ARCHITECT'S Dennis Porcelain Enterprises, Inc. PROJECT NO: 12 -008 18793 125 Avenue North Jupiter, Florida 33478 There is due at this time for Architectural Services the sum of: FIVE THOUSAND EIGHTYAND 00 /100 $ 5,080.00 Statement for Architectural Services: thru 6 -14 -12 WORK COMPLETED TO DATE: Completion of Permit drawings for Tenant Space, and $ 5,000.00 As -built documentation REIMBURSABLE EXPENSES: 4 Plots @ $10.00 per plot $ 40.00 20 Blueprints @ $2.00 per sheet $ 40.00 TOTAL $ 5,080.00 TOTAL DUE THIS INVOICE $ 5,080.00 INVOICE DUE UPON RECEIPT. THANK YOU! Thank You: Scott D. Dyer Architect SO C DL@ Qc i - d4 .7/ (561 l 596 -7503 Dennis Porcelain Enterprises Inc. License #CGC 1512409 Date Invoice # 18793 125th Ave. N. Jupiter, FL 33478 6/4/2012 10 -5572 Due Date Bill To 6/4/2012 Splashdown Divers Lynn Simmons 640 E. Ocean Ave 1#14 Boynton Beach Fl. 33435 561- 736 -0712 Location / Description Job Number Request payment for work preformed. 1,967.27 Interior painting from D A handyman services Architectural fees 5,080.00 INVOICE NO: 12 -008A ARCHITECT'S PROJECT NO: 12 -008 Deposit requested for electrician. 1,000.00 , "' x i7 f� Lynii.SirnI ions Total $8,047.27 Phone # Fax # E -mail Balance Due $8,047.27 561- 248 -6839 561- 745 -1631 DPorcelain2@msn.com IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P.O. Box 542350 Greenacres, fl 33454 Inv oic e Invoice No. Bill To: Ship To: 10001 Splash Down Divers Boynton Beach F7. 33435 Customer ID: Date Order No. Sales Rep. FOB Ship Via Terms Tax ID 2/2/12 Quantity Item Description Discount Taxable Unit Price Total 10 gal. B31 -W651 200 voc 62.49 624.90 3 6105 Tuff Top 2pt laytex 105.79 317.37 1 Labor/ Walls 575.00 575.00 2 Labor/ Floors 225.00 450.00 Subtotal: 942.27 Tax: Shipping: Miscellaneous: 1025.00 Balance Due: 1967.27 SPLASHDOWN DIVERS, INC 640 E. Ocean Ave. #14 Boynton Beach, FL 33435 (561) 736 -0712 TO WHOM IT MAY CONCERN: April 5, 2012 Splashdown Divers, Inc. currently employees 3 full time employees and several part time "volunteers" who have yet to be paid but are working on an "I.O.U" basis until there is enough income at the new shop location to generate funds. Taxes will be paid on a 1099 basis Owner/ manager $500 /week ($6,000 to date) Repair Technician/boat crew $400 /week ($5,000 to date) Instructor - --$100 /student ($3,000 to date) 4/2o S ;7701., Page 1 of 2 Utterback, Theresa From: Lynn Simmons [lynn @splashdowndivers.com) Sent: Thursday, July 12, 2012 8:16 AM To: Utterback, Theresa Subject: Re: Grant Funding Theresa, I believe that you already have that request but if it has been lost, please consider this the second demand. As you know, this move was only possible because the CRA agreed to subsidize it through grants which were approved (but are now being withheld). As a result, progress has stopped until the contractor gets paid at least for the work that has been completed. The architect has finally gotten completed drawings (plans) approved by the "powers that be" in the west end of city hall (not sure who's in charge but that was his job). Seems that the city did not have original drawings of this older building and this delayed the process. And rent was late and insufficient. If this results in losing my business, we will be back in court. Lynn From: Utterback, Theresa Sent: Wednesday, July 11, 2012 6:11 PM To: Lynn Simmons Cc: Brooks, Vivian ; Simon, Michael Subject: Grant Funding Hello Lynn: I wanted to let you know that per CRA Board direction at last night's meeting, I will be reviewing your 1 request for funding for the interior build -out. I am out of town tomorrow and Friday. I will begin reviewing the request next week and let you know what is needed to complete the request. You are eligible to submit your 2nd request for rent reimbursement for April, May and June. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561-737-3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfi.us Page 2 of 2 ❑ ,e. ❑ Z kJ r .. 1 7 ❑ J r � Scan this OR Sarcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i-nigina mobi CRA & City Staff Emails Regarding Splashdown Divers, Inc.'s permits Page 1 of 5 Simon, Michael From: Springer, Diane Sent: Thursday, September 06, 2012 9:05 AM To: Utterback, Theresa Cc: Simon, Michael Subject: RE: Splash Down Divers The permit was rejected in plan check. The owners or contractor was called on 8/14/12 to pick up comments and they have not been picked up as yet. We will schedule this case to appear before the Code Board in October. Maine 4breinfor Code Compliance Coordinator City of Boynton Beach Police Department Code Compliance Division 561 -742 -6833 561 -742 -6838 (fax) Please be advised Florida has a broad public records law and all correspondence to me via e-mail may be subject to disclosure. Under Florida records law, e-mail addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Utterback, Theresa Sent: Wednesday, September 05, 2012 6:32 PM To: Springer, Diane Cc: Simon, Michael Subject: RE: Splash Down Divers Hi Diane: We're presenting this issue to the CRA Board next Tuesday. Can you give me an update on the 9/1/12 inspection. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561 - 737 -3258 utterbackt @bbfl.us Page 2 of 5 ❑ 4:17 ..r Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi From: Springer, Diane Sent: Wednesday, August 29, 2012 12:12 PM To: Swierzko, Karl; Utterback, Theresa Cc: Mack, Andrew; Simon, Michael Subject: RE: Splash Down Divers Theresa, The case was scheduled to appear before the Code Board in August but was pulled and a re- inspection will be done on 9/1/12. ar ktne * rimier Code Compliance Coordinator City of Boynton Beach Police Department Code Compliance Division 561- 742 -6833 561- 742 -6838 (fax) Please be advised Florida has a broad public records law and all correspondence to me via e- mail may be subject to disclosure. Under Florida records law, e-mail addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Swierzko, Karl Sent: Wednesday, August 29, 2012 11:49 AM To: Utterback, Theresa Cc: Mack, Andrew; Springer, Diane; Simon, Michael Subject: RE: Splash Down Divers Theresa, The violation still exists per my correspondence sent to Mike Simon and not sure who is requesting payment for something still in violation. The violation status remains as such until a permit is issued and the work approved by inspection. We have a permit application #12 -2723 that was submitted 8/14/12 from General Contractor, Dennis Porcelain Enterprise. It was reviewed and rejected 8/22/12. The application submitted is for the interior remodel with a $10,500 valuation and it does reference the electrical that was previously cited. Page 3 of 5 Once the permit is issued I will notify Code Enforcement. Feel free to call me if needed. Regards, Karl A. Swierzko, CBO Chief Field Inspector City of Boynton Beach Department of Development Building Division 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, F133425 (561) 742 -6377 Office (561) 742 -6357 Fax Note: City Hall Hours are 7:OOam- 6:OOpm Monday- Thursday CLOSED FRIDAYS P /ease be advised that Florida has a broad public records law and all correspondence may be subject to public disclosure. Under Florida records law, e- mail addresses are public record. Therefore, your e -mail communication and your e -mail address may be subject to public disclosure. From: Utterback, Theresa Sent: Wednesday, August 29, 2012 10:20 AM To: Swierzko, Karl Cc: Mack, Andrew; Springer, Diane; Simon, Michael; Brooks, Vivian Subject: RE: Splash Down Divers Hello Mr. Swierzko: Can you please give me a status on the code violation issued to Splashdown Divers, Inc. (see your email below). Lynn Simmons has received interior build -out grant money which was to be used to remedy this problem. Thank you for your help. Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561 - 737 -3258 utterbackt @bbfl.us CI T e r . ❑ } 1 Z r ❑r 'r. Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi Page 4 of 5 From: Simon, Michael Sent: Monday, July 16, 2012 2:20 PM To: Utterback, Theresa Cc: Cherof, James; Brooks, Vivian Subject: FW: Splash Down Divers Hello Theresa: Please see the email below from Karl Swierzko and add to your file. I will discuss this issue with Ms. Simmons' general contractor when he returns my phone call since his current invoice is requesting payment for electrical work. Respectfully, Michael Simon Development Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 Off 561- 737 -3256 ext. 206 Fax: 561- 737 -3258 simonmAbbfl. us From: Swierzko, Karl Sent: Monday, July 16, 2012 1:51 PM To: Simon, Michael Cc: Mack, Andrew Subject: Splash Down Divers Good afternoon Mike, I received your inquiry reference "Splash Down Diver's" electrical violations. A violation notice was issued and handed to Lynn on 3/7/12 for unpermitted electrical work. The violation notice was forwarded to Code Compliance on 3/26/12 for follow up (case #12- 0505). There have been no electrical permits issued or applied for as of this date for 640 E Ocean Ave # 13 & 14. Karl A. Swierzko, CBO Chief Field Inspector City of Boynton Beach Department of Development Building Division 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FI 33425 (561) 742 -6377 Office (561) 742 -6357 Fax Note: City Hall Hours are 7:OOam- 6:OOpm Monday- Thursday CLOSED FRIDAYS Please be advised that Florida has a broad public records /aw and all correspondence may be subject to public disclosure. Under Florida records /aw, e- mail addresses are public record. Therefore, your e -mail communication and your e -mail address may be subject to public disclosure. Page 5 of 5 Page 1 of 4 Simon, Michael From: Swierzko, Karl Sent: Wednesday, August 29, 2012 3:16 PM To: Utterback, Theresa Cc: Mack, Andrew; Large, Tim; Springer, Diane; Simon, Michael; Brooks, Vivian; Long, Carolyn Subject: RE: Splash Down Divers Theresa, The plans were rejected by Electrical, Plumbing, Mechanical, Structural & Fire Department reviewers. The comments were emailed to the General Contractor on 8/22/12. For specifics on the comments please check with Tim Large @ 742 -6352 who oversees the Plans Examiners or Carolyn Long © 742 -6351 who can provide copies of the comments. Regards, Karl A. Swierzko, CHO Chief Field Inspector City of Boynton Beach Department of Development Building Division 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, Fl 33425 (561) 742 -6377 Office (561) 742 -6357 Fax Note: City Hall Hours are 7:OOam- 6:OOpm Monday- Thursday CLOSED FRIDAYS Please be advised that Florida has a broad public records law and all correspondence may be subject to public disclosure. Under Florida records law, e -mail addresses are public record. Therefore, your e -mail communication and your e -mail address may be subject to publ /c disclosure. From: Utterback, Theresa Sent: Wednesday, August 29, 2012 2:09 PM To: Swierzko, Karl Cc: Mack, Andrew; Springer, Diane; Simon, Michael; Brooks, Vivian Subject: RE: Splash Down Divers Hi Karl: Thank you so much. I just wanted the City to be aware that the CRA has provided funding to Splashdown for interior build -out items — one being the code violation on the electrical. Since we are providing the business with funding I want to be sure they are moving forward with renovations. The status of this file will be going before our CRA Board in Sept. Can you tell me why the permit was rejected? The CRA Board /City Commissioners may ask. Thanks, Page 2 of 4 Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑ T e r . ❑ ❑ 61 . Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi From: Swierzko, Karl Sent: Wednesday, August 29, 2012 11:49 AM To: Utterback, Theresa Cc: Mack, Andrew; Springer, Diane; Simon, Michael Subject: RE: Splash Down Divers Theresa, The violation still exists per my correspondence sent to Mike Simon and not sure who is requesting payment for something still in violation. The violation status remains as such until a permit is issued and the work approved by inspection. We have a permit application #12 -2723 that was submitted 8/14/12 from General Contractor, Dennis Porcelain Enterprise. It was reviewed and rejected 8/22/12. The application submitted is for the interior remodel with a $10,500 valuation and it does reference the electrical that was previously cited. Once the permit is issued I will notify Code Enforcement. Feel free to call me if needed. Regards, Karl A. Swierzko, CBO Chief Field Inspector City of Boynton Beach Department of Development Building Division 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, Fl 33425 (561) 742 -6377 Office (561) 742 -6357 Fax Note: City Hall Hours are 7:OOam- 6:OOpm Monday- Thursday CLOSED FRIDAYS Please be advised that Florida has a broad public records law and all correspondence may be subject to public disclosure. Under Florida records law, e- mail addresses are public record, Therefore, your e -mail communication and your e -mail address may be subject to public disclosure. Page 3 of 4 From: Utterback, Theresa Sent: Wednesday, August 29, 2012 10:20 AM To: Swierzko, Karl Cc: Mack, Andrew; Springer, Diane; Simon, Michael; Brooks, Vivian Subject: RE: Splash Down Divers Hello Mr. Swierzko: Can you please give me a status on the code violation issued to Splashdown Divers, Inc. (see your email below). Lynn Simmons has received interior build -out grant money which was to be used to remedy this problem. Thank you for your help. Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us ❑ ;. ❑ 3. ai Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi From: Simon, Michael Sent: Monday, July 16, 2012 2:20 PM To: Utterback, Theresa Cc: Cherof, James; Brooks, Vivian Subject: FW: Splash Down Divers Hello Theresa: Please see the email below from Karl Swierzko and add to your file. I will discuss this issue with Ms. Simmons' general contractor when he returns my phone call since his current invoice is requesting payment for electrical work. Respectfully, Michael Simon Page 4 of 4 Development Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 0i: 561- 737 -3256 ext. 206 Fax: 561- 737 -3258 simonm(7J. bbfl. us From: Swierzko, Karl Sent: Monday, July 16, 2012 1:51 PM To: Simon, Michael Cc: Mack, Andrew Subject: Splash Down Divers Good afternoon Mike, I received your inquiry reference "Splash Down Diver's" electrical violations. A violation notice was issued and handed to Lynn on 3/7/12 for unpermitted electrical work. The violation notice was forwarded to Code Compliance on 3/26/12 for follow up (case #12- 0505). There have been no electrical permits issued or applied for as of this date for 640 E Ocean Ave # 13 & 14. Karl A. Swierzko, CBO Chief Field Inspector City of Boynton Beach Department of Development Building Division 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FI 33425 (561) 742 -6377 Office (561) 742 -6357 Fax Note: City Hall Hours are 7:OOam- 6:OOpm Monday- Thursday CLOSED FRIDAYS Please be advised that Florida has a broad public records law and all correspondence may be subject to public disclosure. Under Florida records law, e- mail addresses are public record. Therefore, your e -mail communication and your e -mail address may be subject to public disclosure. B CRA BEACH CRA BOARD MEETING OF: September 11, 2012 1 Consent Agenda 1 X 1 Old Business 1 1 New Business 1 1 Information Only 1 1 Other SUBJECT: Update and Request for Direction on Splashdown Divers, Inc.'s Commercial Facade Grant. SUMMARY: On January 10, 2012, the CRA Board approved the grant and waivers (a copy of the minutes is attached) for a Commercial Facade Grant to Splashdown Divers, Inc. for the property located at 640 East Ocean Avenue, Ste. 14, Boynton Beach, a/k/a Ocean Plaza. Under the terms of the grant, the applicant had 120 days, from the award of the grant, to complete the project and submit for reimbursement. Exterior improvements were to be completed by May 9, 2012. Splashdown Divers, Inc. requested an extension of time in which to complete both exterior and interior build -out projects. The CRA Board granted a second 30 day extension and reporting at their May 15, 2012 meeting (see attached minutes). At the June 12, 2012 meeting (see attached minutes), the CRA Board approved the issuance of a lump sum check for the balance of unused grant funds totaling $35,393.39 contingent upon receiving PBCC approval to move forward with the CRA's Marina Open Space project. The PBCC met on July 10, 2012 and did not support the CRA's marina open space project. Subsequently at their July 10, 2012 meeting, the CRA Board did not approve the issuance of a lump sum check for the unused grants to Splashdown Divers, Inc. The CRA Board directed staff to comply with draw requests submitted by Splashdown Divers, Inc. provided it complies with funding request documentation requirements (see attached minutes). To date, the only request for funding was for the reimbursement of the costs for signage. CRA staff has issued one check in the amount of $606.61 on April 23, 2012, as payment of signage improvements (see attached invoice for signage). In Splashdown Divers, Inc.'s grant application it provided "Justification for CRA Grant Funding" which lists the improvements it was seeking to do to its rental space (see attached grant application). The list of repairs included the installation of vents and drains with concealment features; back door painted with dive flags; create "presence" on outside walkway with artwork and business signage. To date, CRA Staff has not received any of the documents requested in the attached email dated April 17, 2012, for the additional proposed work. FISCAL IMPACT: N/A CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Terminate Splashdown Divers, Inc.'s Commercial Facade Grant and return the unused grant funds in the amount of $14,393.39 to the program to be made available to future applicants. Michael Simon, Development Director CRA Board Minutes: January 10, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL January 10, 2012 XL Old Business: A. Consideration of Waivers/Variances of Program Rules to Interior Build -Out Grant, Rent Subsidy Grant and Commercial Facade Grant for Splashdown Divers, Inc. Motion Mr. Holzman moved to approve the three items. Mr. Buchannan seconded the motion that unanimously passed. Mi. New Business: A. Consideration of Taking Ownership of City -Owned Property located at 110 NE 6 Street, at Ocean and Casa Lorna Blvd., as Part of the CRA Boynton Harbor Marina. Motion Mr. Karageorge moved to approve and it was seconded by Mr. Buchannan. The motion unanimously passed. B. Consideration of Issuing General Contracting Services Bid RFP for Interior Build -Out of Jones Cottage Motion Mr. Holzman moved to approve option 3, as recommended by the Executive Director, to issue an RFP. Mr. Karageorge seconded the motion that unanimously passed. Mike Simon, Development Director, wanted to bring to the Board's attention that the responses were submitted to the Building Department for their first round of comments. He felt based on past experience, It would be in everyone's best interest to have full fledged sets of drawings before proceeding to an RFP. He would advise when they were released. It could create a delay of a week or two. Amended Motion Mr. Buchannan moved to amend the motion based on staff's recommendation. Mr. Karageorge seconded the motion that unanimously passed. 4 CRA Board Minutes: May 15, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 B. Events Recap — April 2012 C. Rustic Retreat Commercial Facade Project Completion Mr. Karageorge mentioned that if anyone had not seen the finished product, it was a big improvement to Federal Highway. It was cleaner and neater and encouraged people to visit the site. D. Quarterly Update — Media Coverage Mr. Orlove commended Margee Walsh for the publicity received in the last two weeks. There had been positive publicity about several activities occurring in the CRA. He also inquired if she could count up the column inches received in publicity. He felt it would be good to show value added publicity received. E. Service Agreement between the CRA and Swan Development Advisors, Inc. for an Amount not Exceeding $10,000 to Provide Developer Review and Market feasibility Analysis of the Lansing Melbourne Proposal for the Old High School Mr. Karageorge thanked Ms. Brooks for the firm selected. He was familiar with their work and expressed they were a quality firm. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened the Public Comments. There being none, Public Comments was closed. XII. Old Business: A. Outcome of the May 1, 2012 Palm Beach County Commission Meeting Regarding the Marina Open Space Project Mike Simon, CRA Development Director, advised this item was a brief summary of the outcome of the meeting that was held by the Palm Beach County Commission on May 1st. The meeting included CRA's presentation of the demolition of the Dive Shop building and the moving forward with the permit- approved plan. It woud create a public space at the marina, with seating, lighting, landscape enhancements, and hardscape along with roadway improvements. Those in attendance, along with Mr. Simon, were Ms. Brooks, Attorney Cherof, Mr. Orlove and Chair Hay. Despite efforts, the County Commission voted to table approval or disapproval of the request to move forward with the project and support continued efforts by the CRA and staff to work with Ms. Simmons and the Dive Shop. It was identified that the Marina Village area, if not the Dive Shop, was a suitable and desirable location for Ms. Simmons. Mr. Simon advised 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 he attempted to speak to anyone who had an available unit within Marina Village and provided information on those units in a spreadsheet supplied to the Board. He described the available units and the unit Ms. Simmons was interested in. He advised staff was looking for direction from the Board whether to become involved in negotiations for Ms. Simmons. Mr. Karageorge opined that the unit being discussed was a very good deal and felt it was a good starting point. Since the Board was not involved at this point, Ms. Simmons could negotiate with the management company and he would encourage that. Chair Hay was in concurrence. Mr. Simon proceeded to describe the other units that were available along with their locations. Mr. Buchanan commented that this was an agreement between two private parties and did not feel there was a place for the Board to comment. Mr. Orlove commented that based on the meeting with the County, the County felt it was the Board's obligation to assist and felt it was also their obligation to assist, as well, as long as something comparable could be found. No discussion had taken place with Ms. Simmons yet, only with the landlord. There was discussion on the build -out grants and extensions. Mr. Buchanan inquired if Ms. Simmons had shown interest in moving to the location being discussed. Mr. Simon indicated the only interest shown was through her public statements. He added that the one of the goals of the CRA, despite the issues that are at hand, would be to redevelop the marina. The desire would have been for it to go smoother. Motion Mr. Buchanan moved to direct staff to conduct negotiations and to extend the two grants with a 30 day reporting period. Mr. Karageorge seconded the motion with discussion by Mr. Orlove. He inquired if it seemed like a reasonable option to Ms. Simmons. Lynn Simmons, Splashdown Divers, 640 E. Ocean Avenue, Unit 14, confirmed the rent amount of $1,900 and mentioned it was for Tess space than she had currently. She added it was a priority for her to be closer to the boat and if the building had to come down, which was another issue, she would certainly pursue anything closer to the boat. There being no further discussion, the motion was passed 7 -0. XIII. New Business: A. Discussion of Potential Dates for the CRA Budget Workshops Ms. Brooks requested direction for a date for the budget workshops. After discussion, it was decided to hold the Workshop on August 22, 2012 at Intercoastal Park. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL May 15, 2012 XIV. Executive Director's Report A. Project Status Update and HOB Investment Update There were no comments received on this item. XV. Future Agenda Items: A. Renegotiate the Terms /Fees with the Palm Beach County Commission on Ethics (Tabled 11/8/11) XVI. Adjournment Chair Hay adjourned the Community Redevelopment Agency portion of the meeting at 6:50 p.m. eau., ( Ellie Caruso Recording Secretary 7 CRA Board Minutes: June 12, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 done, that block would be cleaned up. The Community Redevelopment Agency paid for a master plan for Sara Sims Park, and these four acquisitions, in addition to the Brandom property, would be added to the Park. Ms. Brooks planned to put railroad ties on the properties to prevent cars parking on the premises, and lay drought resistant sod. This would make a big difference in the streetscape on Seacrest. It was noted there was an eyesore across the street. Ms. Brooks agreed and suggested starting with Code Enforcement. She pointed out anyone wanting to go to the Carolyn Sims Center understood the gauntlet they had to pass through to get to the Center. It was in everyone's best interest to clean up the area. Once this area was cleaned up, the City could begin looking to build single - family homes in partnership with the private sector. Vice Chair McCray explained years ago, cleaning up the area was in the HOB plan, but since this opportunity presented itself, staff would have these properties cleaned up and then continue across the street on the other properties. He thought it was a shame the public had to pass by such a condition to get to a lovely elementary school. Attomeys Cherof and Tolces were thanked for their efforts. Vote The motion unanimously passed. C. Update on the Request to the PBCC for an amendment to the Waterfront Easement Agreement at the Boynton Harbor Marina and status of ongoing issues with Splashdown Divers, Inc. Mike Simon, Development Director, recalled at the May meeting, staff reported that Commissioner Orlove, Attorney Cherof, Ms. Brooks, and he attended the Palm Beach County Board of County Commissioners meeting. They listened to a continued discussion of the item and another 30 -day extension of the tabled item was granted. At the May 15th Community Redevelopment Agency meeting, he presented several options to the Board in an attempt to assist Ms, Simmons locate in Marina Village, which would provide a solution and respond to the County's direction to get her back into the Marina if possible. In a good faith effort, he met with the owners of Z Management who own property Unit H next lo their office in Marina Village. He facilitated a meeting on May 21st with Ms. Simmons, her husband, a crew member from her vessel, George Zarcadoolas - one of the principals of Z Management, and their realtor Adolfo Castellano, Jr. The meeting was a good meeting, and he attended it to gauge where both parties were as a potential a Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 landlord and tenant, and to see if something came out of the meeting that would apply to the Community Redevelopment Agency As a result of the meeting, Mr. Simon was presented with a Letter of Intent (LOI) between the two parties. At that time, the price and terms applicable to the agency were for $1,000 per month plus five percent of gross to Ocean Management Services for a five -year lease, contingent on the Community Redevelopment Agency contributing to the monthly CAM portion of approximately $554 per month. The deposit would be first and last security, amounting to $3,000 and the CAM amount in full was the second deposit. These actions were between the potential tenant and the management company to be presented to the Board because they tied a contingency of the LOI to the Board. The next day, they received a copy of a letter Ms. Simmons sent to the Palm Beach County Board of County Commissioners with references to her feelings about the Marina Village Unit, which were not all positive, but that she might be able to make it work. Staff has presented the Board with options as contained on the agenda item. The next County Commission meeting was July 10th. Mr. Simon explained the funds remaining were approved grant funds originally applied to the 640 E. Ocean Avenue address. If approved, anything other than the lump sum, should be applied to the address in the LOI, which was 100 Casa Loma Boulevard, Unit H or 108. Chair Hay inquired of Ms. Simmons what she was looking for. Ms. Simmons responded what would make her happy was to keep the building and use it the way it should have been used. She reiterated her statement made last month that she would move into a hut if it was in the Marina. She commented she would move to the space that was available, but she could not do it financially. She explained it was not big enough so she had to keep what she had if the landlord would accept a lower rent. She noted the landlord was discussing it with her. The future landlord offered a reasonable rent for part of her business and she was willing to do that. She indicated she needed help. Ms. Simmons explained she could not make any positive permanent decisions about monies coming in or being spent today because the matter could drag on until next year, so she had to stay where she was and continue with the current plans, which were to renovate her current space to a usable status. The money provided by the Community Redevelopment Agency was already promised to the general contractor that she hired and work was ongoing. Mr. Buchanan questioned Ms. Simmons' comments that the Marina Village location would not be large enough. Ms. Simmons responded it was not large enough for everything. She explained she previously had 1,250 square feet. Her current location was nearly 1,800 square feet. She contended she would have to give up her classrooms and repair station to move into the smaller unit. Everything else could move Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 over to the new location. Mr. Buchanan inquired about the differences in square feet and classrooms, repair station and others compared to what Ms. Simmons had before she moved to her current location. Ms. Simmons explained her classroom consisted of her retail floor which was totally unacceptable. She did not have a classroom then. The square footage of the old building was 1,250 square feet and the proposed new location was about 1,030. Ms. Simmons requested the Board remember the County Commission's perception of what they obtained for the $2 million grant. They were told they had a building with classrooms. She noted the classrooms that were there were upstairs in a different business, which had nothing to do with her. The County expected her dive shop to have a classroom. Mr. Orlove disagreed with her comments. The property which housed the old dive shop would not be rehabilitated or renovated and he believed that with further discussion, the County would see the Board moved forward in making Ms. Simmons as "whole" as possible. Mr. Simon explained the prior space had a difference of about 180 square feet. If the two units were added together like she requested, her square footage would be just under 2,900 square feet. Ms. Simmons commented she had outside space in the old building she was able to use for ice makers and storage which she now had to put inside the old ice cream shop space which reduced the usable space. The original 1,250 square footage was inside space. Mr. Orlove thanked Mr. Simon and staff for their work on the item. As to Option Four, offering an amendment to the waterway easement, he inquired if the County would be agreeable to the amendment. Ms. Brooks explained Ross Herring thought it would be a good path to follow because it was all a public and marine use and it was consistent with the intent of the waterfront program. In reference to Option Five and the lump sum disbursement, the calculations revealed the amount of money could nearly cover the CAM fees or could be used for other purposes. Mr. Orlove noted at the last County meeting, there was discussion if the Board was able to do certain things, one of which was to find space as close to the vessel as possible, which staff did, the County may offer some sort of financial grant or incentive as well to ensure there was a dive shop and facilities within the Marina. However, no such discussions have been held. He suggested this item be brought up at the July County Commission meeting for further discussion based on the Board's decision tonight. Chair Hay thought the Board should support Option Four or Five. Mr. Karageorge inquired if Mr. Herring would be willing to indicate his support to the County Commission in writing. Ms. Brooks indicated this was already discussed with Mr. Herring. First the Board needed to make a recommendation and then Ms. Brooks would convey the decision in writing to him. He anticipated receiving the letter and his support would be Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 very helpful. It was noted County staff supported the Community Redevelopment Agency all along. Mr. Karageorge commented in regard to Option Five, once that option was executed, it would be Ms. Simmons' responsibility to move forward however she chose, and their relationship was severed. They would not be a party to any landlord tenant agreement. Mr. Buchanan had been supportive of the dive shop, the birds and waiving many of the grant's requirements. He supported Option Four but would not support Option Five unless it was presented to the County Commission. If the County indicated the Option satisfied the Community Redevelopment Agency's obligation, they could move forward. It was thought the County would be hesitant to tell the Community Redevelopment Agency how to conduct business. Lengthy discussion followed the County wanted the Board to find a location for the dive shop closer to her vessel, which the Board did. As to funding, it would show good faith on the part of the Agency to help work out an arrangement and keep a dive facility within reach of the dive boat. Commissioners Santamaria and Aaronson expressed moving her closer would be satisfactory, and if they moved forward, Mr. Orlove agreed they would have the majority of the County in favor. Mr. Simon explained during the meeting with Z Management, the Management Company began their negotiations in good faith at $1,900 plus Common Area Maintenance (CAM) charges. They are the real estate investment firm who owned the unit and they offered the price contained on the MLS listing. Ms. Simmons was clear she could only pay $1,000 per month and the space was not large enough. Subsequent to the meeting, in an effort to accommodate Ms. Simmons, and due to them being a philanthropic type group with the City, they reduced the price to $1,500, but there was a gap, which was why Mr. Simon attended the meeting. The gap, according to Ms. Simmons, at the time and in accordance with the LOI was the $500 CAM. There was actually a little extra in the difference between the first and last month rent and over the entire 60 months of the lease amount, the gap could be paid for by granting any Option. Mr. Simon suggested going with the lump sum, instead of having the finance department provide monthly disbursements. Doing so to an outside party they do not have an agreement with was onerous to the Agency and staff. He did not want to pay a landlord for five years of CAM to a tenant who said she could barely make it work now. He did not know if there would be a reverter clause, and there was all types of language that would have to be added to a third party agreement with the landlord which became cumbersome. It appeared to staff that the County was adamant since January, that an important piece of the solution for the Community Redevelopment Agency was to get the dive shop back in Marina Village. There was no unit closer to the vessel than this unit. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 12, 2012 Mr. Buchanan agreed with the comments but noted Ms. Simmons indicated that was not adequate. He thought she would go back to the County Commission the next month indicating she had to have both places. If the County said now you have to do this, he thought they needed assurance from the County Commission the Agency fulfilled its obligation, and could move forward with the project. Motion Mr. Orlove moved to direct staff to offer an amendment to the Palm Beach County Waterfront Easement, Option Four in the backup and Option Five to provide a lump sum disbursement to Splashdown Divers from the unused Commercial Grant Funding in the amount of $35,393.39 and to offer this at the County Commission meeting on July 10th, but to also request the County Commission assist with some sort of funding for this dive shop. Mr. Karageorge seconded the motion for discussion. Mr. Karageorge noted the motion did not indicate when the funds would be disbursed, and it should come after the July 10th County Commission meeting. Vote Mr. Orlove agreed and amended his motion to direct staff to move forward on both items at the July 10th meeting and only when the County Commission approved it. Mr. Buchanan seconded the motion which unanimously passed. Chair Hay inquired of Ms. Simmons if she would go to the County Commission and support the decision. Ms. Simmons responded she would attend the meeting and extend thanks for helping her to move back into the Marina. She did not believe putting the Dock Master Building on the property would suffice the intent of the easement the Board originally signed. When asked for a yes or no response, Ms. Simmons said she did not know. She indicated the next day her general contractor may ask for $35,000 when he obtained the permit the City held up. She noted just because there was $35,000 out there did not mean she would keep building out what she had because it could drag out for another two years. She commented she had to be somewhere. Mr. Orlove responded she was somewhere and it was based on an agreement she made with the Board, that a Court approved, and that she agreed to. He contended she was not forced into an agreement, It was done in an open meeting a year ago with her legal counsel present. The Board worked in good faith to try to move forward with the plan the Community Redevelopment Agency and City had which was to have an attractive and working marina and to ensure her business was there. When the County Commission stated at a meeting she attended that the Agency's role was to get her as close to the water as possible, which they did, he questioned why she would not agree with it. The Dive Shop building was not in the equation. If the Agency goes to the County Commission and she indicated she did not agree with their decision, he did not know what more could be done to move the matter forward. CRA Board Minutes: July 10, 2012 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 10, 2012 Facebook page, Twitter, the website and a mailing. The Woman's Club was reserved and a guest speaker would be in attendance for the hour long seminar. C. Events Recap — June 2012 There were no comments or questions. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened Public Comments. Herb Suss, 1711 Woodfern Drive, opined that the CRA was making progress in various areas, but felt the time had come to once again consider bringing the CRA into the City. This would decrease expenses if both were incorporated and worked together. If this was done, it could possibly make projects, such as the downtown, move faster. Willie Aikens, 726 NE 1 Street, wanted to thank those that attended Gertrude Sullivan's service and to show appreciation for everything done for the Heart of Boynton. He also advised that there were citizens asking if anything was planned for this year or next for MLK corridor and what the current progress was. Ms. Brooks advised there were four properties being slated for purchase on the west side of MLK, and the drug ridden properties on the south side by Seacrest. The City was slated to buy two and the CRA was slated to buy two and that would go into the Sara Sims Park. Currently, the properties are problem areas and are centers for drug activity. Chair Hay closed Public Comments. XII. Old Business: A. Update on the Request to the Board of County Commissioners to Amend the Waterfront Easement for the Marina Ms. Brooks advised the purpose of the meeting was to amend the easement agreement. A tenant who was actually no longer a tenant and had been an at -will tenant signed a legal agreement which was causing a lot of public time and resources to be spent. Mr. Holzman inquired of Attorney Cherof if he felt the County Attomey shifted his original point view. Attorney Cherof stated the matter had gone before the County Commission on three occasions after being reviewed by County staff, including someone from the County Attorney's office. Each time it got there, the agenda item was deemed appropriate, and had been blessed as a proper agenda item to be granted. The 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida Jul 10, 2012 meeting this date seemed to be a turnaround on that particular issue and possibly a misreading on the entire easement document. There was discussion by Mr. Holzman regarding what he felt was a misunderstanding. It was possible the County thought Splashdown Divers was an involved party and possibly was owed something. He thought maybe a letter should be sent to them clarifying what the issue was about. He suggested to possibly resolve the situation, allow them to take over the building, take care of the structure and the maintenance, and rebuild it If they did not want to do that, they would need to allow the City to tear it down. There was a very lengthy discussion on the content of the meeting and the building at the marina. Attorney Cherof suggested not to go back to the Commission and withdraw the application and proceed to develop the marina as the Board had done in the past to the benefit of the community. Motion Mr. Holzman moved to remove the application and move forward with the plans as set forth by the Executive Director for that particular building. The motion was seconded by Mr. Karageorge with discussion by Mr. Orlove Mr. Orlove wanted to know what the County's response was to the Board's decision to arrange a situation to help the tenant find another location that was closer, which was what the County originally asked the Board to do. They also stated previously that they would give funding assistance. Ms. Brooks stated additionally, the CRA was going to give them an easement for the new building, but they did not care. She commended Attorney Cherof on an excellent job of making it clear and concise that Lynn Simmons of Splashdown Divers would in no way be a tenant in any property of the CRA. Mr. Simon made a very clear presentation to the County regarding the space found for Ms, Simmons and explained it was a space she put a purchase contract on. She then decided it was totally unsuitable for her. The County ignored the information and advised the Board to come back on July 24 when they would determine if there was funding assistance available. Because Ms. Simmons sued the City, she felt she would get a free condominium retail unit on the backs of the public, the County and the City. Mr. Orlove reminded the Board that the lawsuit had been settled. He also opined that the Board and the City did everything required by the County and even went above and beyond what was required. He suggested moving along with the original plans of tearing down the building and moving forward. There was no cooperation from the County. Attorney Cherof suggested a sequence of steps. First, withdraw the application and then evaluate what the next redevelopment options are and the timing of them. The other recommendation would be to honor the court order entered into to settle the case with Splashdown Divers. Mr. Orlove inquired if the Board could request staff to work with the City to begin the permitting process to demolish the building. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 10, 2012 Mike Simon, Development Director, advised the permits were already approved and were waiting for the outcome and direction of the Board and /or the County. CRA was ready to go to an RFP and move forward with the project. Mr. Orlove suggested amending the motion to include the demolition of the building. However, Attomey Cherof advised it would not be the right time to provide that type of specificity to deal with the demolition. That would be another issue in due course that would come before the Board. Ms. Brooks brought up the subject of funds. Other cities had received more funding than Boynton Beach. Riviera Beach received $5 million and had an amendment for their agreement that was simple consent. Palm Beach Job Center received $14 million and had their agreement amended. County staff pointed out that those easement agreements had been amended easily. Ms. Brooks did not understand why the City received the least amount of money, had done the most with the least amount of money and now it almost seemed personal dealing with the County on this issue, which is the feeling received when meeting with them. Vote After continued discussion, the motion unanimously passed. Mr. Simon advised there was an outstanding issue with regard to the funds that had been allocated to Splashdown Divers in the form of grants. There was $35,393.93 that was associated with the approval of the interior and facade grants that Splashdown Divers was to be using. At the last meeting, it was decided not to grant an extension of the grant time period, but instead hold in advance, a lump sum to lease a new place or to fix up the existing place based on the decision of the Board and the Palm Beach County Commissioners. The situation now was that there were grants that had time - expired by 60 days due to 30 day extensions. It was not done at the last meeting and it did not get the approval at the County meeting which was a condition of those grants. As a financial housekeeping issue, Mr. Simon suggested to either grant an additional 30 day extension of the grants or to entertain the lump sum payment again or some variation of it. Attorney Cherof indicated the money was earmarked for the City's compliance with the court settlement. Mr. Simon mentioned the grants language in the settlement indicated that Splashdown Divers may apply for those grants and the Board may approve those grants. It was the opinion of many to recommend not having to continue this ongoing battle to release funds, approve funds, and ask for documentation. Mr. Orlove stated at the last meeting, he made a motion and Mr. Karageorge amended it which discussed the funds being disbursed and that it be done after the July 10 meeting. The motion was remade to state "only when the County Commission 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida Jul 10, 2012 approved our amendment ". That did not happen at today's meeting. His opinion was that the funds should stay with the CRA pending the decision of the County. Attorney Cherof suggested deferring this issue to the next agenda. He opined the communication to the County, which would be communicated to Ms. Simmons as well, would serve a very valuable purpose. The information and options would be better if deferred. There was discussion on whether to hold funds or honor a pending request for funds if there was one. Attomey Cherof suggested complying with the draw requests for funding, as long as Splashdown Divers complied with the request requirements. Consideration of Issuing an RFP for the Boynton Harbor Marina Entry Signage & Landscaping Project — 222 N. Federal Highway Mr. Simon advised this was to approve release of the Request for Proposal for the Boynton Harbor Marina signage which was currently the site of the Farmer's Market. The attachments included a diagram and design layout of the project. The RFP would be released on July 11 with a response deadline of Thursday, August 2 " Motion Mr. Holzman moved to approve issuance of RFP. The motion was seconded by Mr. Karageorge and unanimously passed. XIII. New Business: A. Consideration of Issuing an RFP for Marina Management Services Mr. Simon explained this was for issuance of an RFP for the Boynton Harbor Marina, fuel dock and marina slips management services. In January 2007, the CRA purchased the existing fuel pad and at that time, Waypoint Marine was the company that was managing it and was acting fuel dock manager prior to the CRA purchasing the property. The CRA was very pleased with the management services and approved a two -year contract and an additional two -year renewal. The contract had expired and they were required to conduct a solicitation for management services. The RFP would be issued on July 11 and the response would be due by August 2 " Mr. Simon suggested the terms be a three -year initial term and two three -year renewals. Motion Mr. Buchanan moved to approve the issuance of the RFP. The motion was seconded by Mr. Karageorge and unanimously passed. 7 Signage Invoice Exotic Inc. � � FUG 7928 Coral Street, Suite 42 A Exotic Hypoluxo, FL 33462-6157 '��, Invoice #: 9095 Ph: (561) 585 -9200 FAX: (561) 585 - 0411 "' N11,8tirttCreated 3/16/2012 11:49:21AM Email: info @exoticsigns.com r " �t!.!iOTiw Web: www.exoticsigns.comw� 'Sale Date: 3/31/2012 3:30:53PM Page 1 of 2 Sale Date: 3/31/2012 3:30:53PM 3/16/2012 11:49:21AM Billed To: Splashdown Divers Salesperson: Created Date: Michael Caldarera Contact: Lynn Simmons, Boat Captain, Marine E Email: mike@exoticsigns.com Address: 700 Casa Loma Boulevard Office Phone: (561) 585- 9200 Boynton Beach,FL 33435 Office Fax: (561) 585- 0411 Email: N/A Office Phone: (561) 736- 0712 Office Fax: (561) 965- 9181 Description: New Location Graphics (Marquee & Windows) Quantity Price Discount Unit Price Subtotal _._ 1 Product: Setup 1.20 $90.00 $90.00 $0.00 $0.00 Description: 1.2 hr. for Consultation 2 Product: Setup 3.00 $75.00 $225.00 Description: 2 hr. for Layout, Design _1 hr. for File Setup _ —3 Product: Ready to apply vinyl 4.00 $33.30 $133.21 Description: Front Marquee Logos Front Marquee Logos _ _ ,_ Quantity: 4, Size: 6 in x 39 in, Vinyl Cologl: 060 Dark Green, 031 Red, 010 White __.___ __. _.__.,__._.____ . _..v._ 4 Product: Miscellaneous Item 1.00 $225.04 $22$.04 Description: Quantity /Set(s): 1 sets Vinyl Window Graphics 5 Product: Labor: 1.00 $150.00 $150.00 Description: Installation Location Customers, Friday 3/30/12 Vinyl Lettering & Walkway Signs Exotic Inc. E oi . -.. 7928 Coral Street, Suite 42 Hypoluxo, FL 334U Invoice #: 9095 FAX: (561) 585-0411 M gir a 11 a Ph: (561) 585-920 Order Created: 3/16/2012 11:49:21AM Email: info@exoticsigns.com Sale Date: 3/31/2012 3:30:53PM ..„. *.c.1 Web: www.exoticsigns.com Page 2 of 2 Payments for Order Date Method Tracking Number Amount 4/05/2012 Check 1087 354.75 3/27/2012 Check 1082 400.00 • ledathOn (3-' Order Subtotal: $823.25 • $1i4 '14 - Q)f - unetorted v I rit, Discount: $90.00 Total Taxes: $21.50 1 e4r in Total: $754.75 Total Payments: $754.75 Order Balance: $0 00 ,_,....... .. , _. ___ ...,......__.. , . .... .„...... _____ ..... ...,. _ .... Payment Terms: 50% deposit is required prior to placing your order. Balance of invoice is due to our office 15 days from completion of job. — Iii I K • 1 4 x If paying by credit card: (Cardholder's Signature). il :te I agree to pay the above total amount according to / • .a A tad , the card issuer agreement. lb 9 t IP PLEASE DETACH AND FILE 001257 01 -1099 ** SPLASHDOWN DIVERS, INC. ** 9 t 04/23//2012 DATE I.D. PO # DESCRIPTION AMOUNT 4/16/2012 PAYMENT 1 & 2 001017 RENT SUBSIDY 1,200. 02 - 58400 -444 RENT SUBSIDY 1,200.00 4/18/2012 SIGNAGE SPLASHDOWN DIVERS, INC. 606.61 02 - 58400 -444 SPLASHDOWN DIVERS, INC. 606.61 REIMBURSEMENT FOR SIGNAGE "' \ (\ aL ��++ J ^ J J ` /� d ' l (1 .k CHECK TOTAL 1, 806.61 Boynton Beach Commt pity Redevelop Agency- 710 North Federal highway - Boynton Beach, FL 33435 -5612 Page 1 of 1 Utterback, Theresa From: Mike Caldarera [mike @exoticsigns.comj Sent: Wednesday, April 11, 2012 4:51 PM To: Utterback, Theresa Subject: Splashdown Divers Attachments: Invoice.pdf Hi Theresa, Please see attached for the invoice marked as paid by Splashdown. Line item #4 includes the Biblical verses, so you can subtract $148.14 from the total for just those graphics. Let me know if you have any other questions or concerns. Thanks, Mike Caldarera ExoticSigns. corn 7928 Coral St. Suite 41 Hypoluxo, FL 33462 P 561.585.9200 F 561.585.0411 Mike Caldarera smart/is, 561.585:9200 561.585.04 11 Miket 'exoticsigns.com 7928 Carol St Suite 42 Hypoluxo, f1 33462 Sign.-. Vehicle VVro n Printing Magnetics Promotions Jetter/no t hip Design Banners `` cs�eloprn en' Cat ,ifs; ,-- - .)..,- , , ..,..'... .. . ., _ ..t. . VIII. '...., - -IP 4 . . 411/111 ;•- . ..4- , ... , _ - - . .' i . • ' *. - 1 *. - ',... me i - 1 .-fj s;'........ ..•,14.,_° - . = $ .it 1 . , . .,, _.. -- - •••_ . 5 , , 7.2_, ,,,----- . t__, ::: , .,,' - ,..P' • ,: .' 2 p - • - ..... . 1 altt ... ''.-1 b• ,- --,: '-!. :V -fi•`. ,,,f,, ' 4 - f-' ' • • ? ' ''' - .. 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I ii11 ll II 1 1 �,'�111',1 , 1 1 �' 1 '!I1 .1j , v � li x I Lx - , J a i 1 I . fl lila(Itl+ �a g k. fi r 1 III" iii .\ , \ _ , , __ i ...., • . , i ,t ,.,,,,,,„,,,4 ;. { f . 4 I1 Y .. , A _ III d Ir 1 • 111 Illi!Illl i 'IlliElL 11I,1„1, � II l,jl iG ll 11 I y ,1l. 1 u i'1 11 11 1 I u,, �,' l l II 1111 1;t 1i ; 1 �11�i111,C1 II I a� �:;, 1 111, 11 1 i 1 I . hn , , 1 11 1 j, 1 1 Grant Application BOYNTON cA mow BEACH 2011/2012 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000 (Please Print or Type Only - Use Additional Sheets If Necessary) I. APPLICANT INFORMATION Name of Property ! Owner: i�:-r`I -ice, (LC Address of Property Owner: E L'c &r, . # 13 City /State: � n � [let-cc. L L Zip Code: 3 }/3 `ja q \ Phone # Day: OBI Evening: 640 ? Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, if applicable): Name of Tenant if Different from Property Owner Name of Business: 3 - cOcJ DiOe. I tic Address of Business: 706 ('a Le 1„ik ,(9)o City /State: , P irlvs, C'ack j Zip Code: 33/35 Phone # Day: (.5k0734-- 0 - )la- Evening: 5 t -34-3 Initials 7 , Page 1 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Type of Business: h,L11 , r-L Years of Operation: s5 / 1v Number of Employees: Annual 1 Payroll: Number of Employees residing in Boynton Beach: List of improvements v ery) proposed: b r IQ .11 e t :A_ I 7C 1 , f ` 3/x r: erV) G`. 5!z l ' S 0(,,,,- re.)(1( CO � Oyr) Y � C.t-eakt a v.. L L . "t e),„1/4 -7) , 4_, cocc-1 IL) / a 6-•( -' II. PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached CRA Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible improvements for this program include: • Painting • Shutters • Awnings /canopies • Decorative exterior facade improvements • Exterior doors /windows • Landscaping around the building • Irrigation • Parking lot re- paving, re- sealing, re- striping • Exterior lighting • Patio or decks connected to the building �• Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) • ADA improvements Initials, Page 2 of 6 710 North Federal Highway Boynton Beach, FL 33435 4. All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach /Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a facade grant application. 5. Maximum Grant amounts: The CRA will provide, on a reimbursement basis, a 50% matching grant for eligible facade improvements up to a total of fifteen thousand dollars ($15,000) of CRA funds. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed after the grantee has received notification that the Grant Application has been approved by the CRA. Any work completed prior to receiving grant approval is ineligible for reimbursement. 6. The Facade Grant program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval. 7. The property owner, or tenant if applicable, must complete the facade improvement project and submit for reimbursement within 120 days of the grant award. Failure to complete the facade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. Disbursement of grant funds shall only occur if the following conditions are met: 1. CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department (if applicable). 2. CRA has received copies of final "paid in full" vendor /contractor invoices along with a letter from each vendor /contractor stating that all invoices for the project have been paid in full and there are no outstanding monies owed for the project. 3. CRA has received copies of final inspection approvals for all permit required work. 4. Entire scope of work for eligible items is completed. 5. Applicant provides "After" photos. III. APPLICATION PROCESS 1. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal Initial Page 3 of 6 710 North Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 Highway, Boynton Beach, FL 33435, phone 561- 737 -3256 or download the application from v vww. boyntonbeachcra.com /businessesi 2. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be considered on a first -come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application CRA staff will notify the applicant of grant approval or denial 4 The CRA will administer the Commercial Facade Improvement program and funding. In addition to the appropriate City of Boynton Beach building inspections, the CRA will inspect the work to determine the satisfactory completion of the work 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of the lien. 6. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. IV. REQUIRED PROJECT INFORMATION & DOCUMENTATION Written description of the improvements to be done to the property along with the following items: 1. Copy of Warranty Deed 2. Copy of Lease 3. Project work write -up(s) describing in detail the scope of the project, 4. Plans or sketches if applicable, 5. Site plan and plant list for landscape projects, 6. Third -party cost estimates from three (3) licensed contractors, 7. Estimated time line, 8. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), 9. A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views ", 10. Signage design with colors & materials proposed if applicable, 11. Project color chips / material samples if applicable, and material specifications. I nitials� Page 4 of 6 710 North Federal Highway Boynton Beach, FL 33435 Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Facade Grant Program Agreement, including Program and Reimbursement Regulations. f`'' •...... / ( Z C�1� � )1 1 9 12 ttnes _ (D - te) Pro erty Owner Date) Essis■A* e4/--.1 0-- Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) STATE OF FLO IDA COUNTY OF 01 Akk\-- BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, sonaily appeared CAI d - rifi.9 r , who is personally known to me or p roduced . 9k C 4 I li 1 5 - 1 "Ne identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE F•REGOING, I have et my hand and official seal in the State and County i aforesaid on this %I day of ( Ai , 20 \ , NOTARY PUBLIC // A ir i i r ,1, My Commission Expires: ,�a�;v'uo„ THERESA UTTERBACK ` Notary Public - State of Florida b My Comm. Expires Jan 11, 2014 s; ,,,, --re Commission # DD 951135 D O° `' "' Sonde gb dal Notary Assn. 716 1∎Toa FederalTRigfiway it Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 (Tenant/Business owner's signature must be notarized) OO�Y i/ off( °/a Witness ( te) en ant/Business Owner (Date) r7rz- nes ( ate) Tenant/Business Owner (Date) STATE OF FLORIDA COUNTY OF PQ �' k ejk BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personal) appeared 1 r./v? kl A. _s ft) /I? n fl C,, who is personally known to me or producedPL " 8 555 - a- - 59 Q as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have s-t my hand and official seal in the State and County aforesaid on this , day of 1 L , 20/0' NOTARY PUBLI( 1 1 .'A i % l7rhe % . My Commission Expires: THERESA uTTEn Roma . f • e My Comm. Expires Jan 11, 2014 ;�, -4.- Commission # DD 951135 Bonded Through National Notary As << Page 6 of 6 710 North Federal Highway Boynton Beach, FL 33435 Boynton Beach CRA 1 �!f l/ ` ....' , .3 -if ' ? J `J r h ...... / L \ \ t I IN WO 1 _. i d 4 t, 1 - € t i I I 1� •‘••••"•"' 7 j. E ..M V . II E � .M � 3 .," ' .... :�,. �'. f ° � .,,�..�" j, _I t gy ,,i 1��.m m� II i . 1 7 f ...::)\ Ili ', , 1 i \ ' ...1 I ' - , ....) J 7 " 7: kr c, 1,.] : I - .--- ..:-= 1,, t.--, ,_: 'm 1 i 1 y 4alli)it � \-. 4..- 7 �1 i, E ( I 1 _ _ \ - . .,,,7Y1 ' -, 1 f i H r P 1 i i tli - ZI t.F AZ ik., .-4.. saw ,I 11 II ; / 411 - e JUSTIFICATION FOR CRA GRANT FUNDING Commercial Facade Install vents, and drains with concealment features. Back door (PAINT BRIGHT WHITE with BRIGHT RED DIVE FLAGS). Create "presence" in breezeway with artwork appropriate to business. JUJSTIFICATIGN FOR CRA GRANT FUNDING Business Signage New space has existing signage which must be removed and replaced as needed for the new business occupying the space. *remove old lettering and decals *create and install new window decals * lighted signage over door and/or windows showing what business is. *new flag pole /flag L n 0 wad es DY�p Dow 51 n o SPDowN DI v ��i2� Ceil lin c c way .. C')lor: ugh. L lemon y en. e ress vwo * Leeb► or) a c wca4 in "E.l c Tee-al S on fron `firs S i (3n O44.e — wAri rye )elienic)8 April 17, 2012 Email requesting documents Page 1 of 2 Utterback, Theresa From: Utterback, Theresa Sent: Tuesday, April 17, 2012 11:32 AM To: 'dporcelain2 @msn.com' Cc: 'Iynn @splashdowndivers.com'; Simon, Michael Subject: RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant Attachments: oledata.mso; image001.emz Hello Dennis: It was a pleasure meeting you and Steve today and we look forward to working with you on this project. As a follow -up to our meeting, here is an outline of some key points to keep the process going. INTERIOR BUILD -OUT: $15,000.00 Please submit the scope of work and itemized cost of the interior build -out based on the list you provided at our meeting. You may submit only the scope of work that will encompass the amount of the grant or you can provide the scope /itemized cost for the entire project. The CRA will provide a maximum of $15,000 for interior build -out improvements however; Splashdown Divers, Inc. has the right to do more interior improvements at its own expense. COMMERCIAL FACADE: $14,393.39 (remaining balance after signage reimbursement directly to Splashdown Divers, Inc.) Please submit the scope of work and itemized cost of the exterior improvements based on the list you provided at our meeting. The CRA will provide a maximum of $14,393.39 for the exterior improvements. Again, Splashdown Divers, Inc. has the right to do more exterior improvements at its own expense. Both scopes of work need to be executed by you, as the General Contractor and Lynn Simmons as the owner of Splashdown Divers, Inc. Once our office has received the executed scopes of work/itemized costs and proof of submittal for permitting, you may submit your written request for a deposit. In the meantime, please do not hesitate to call our office with any questions you may have. Thank you, Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561- 737 -3256 ext. 216 F: 561- 737 -3258 utterbackt @bbfl.us [7 74.. t7 Ai Page 2 of 2 Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi From: Utterback, Theresa Sent: Wednesday, April 11, 2012 4:16 PM To: 'dporcelain2 @msn.com' Cc: 'lynn @splashdowndivers.com'; Simon, Michael Subject: Splashdown Divers Interior Build -Out and Commercial Facade Grant Hello Mr. Porcelain: This email is to confirm our meeting for Tuesday, April 17, 2012 @ 9:00 am at the CRA offices — 710 North Federal Highway, Boynton Beach, FL 33435. I will be out of the office 4/12 & 4/13. I will be back in on Monday. If you have any questions, please feel free to call Michael Simon, Development Director 561 - 737 -3256 ext 206. I look forward to meeting you. Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 P: 561 - 737 -3256 ext. 216 F: 561 - 737 -3258 utterbackt @bbfl.us ❑, ❑ z %. .a � . 13 Scan this QR Barcode with your phone and learn more about all the grants available through the CRA Get FREE barcode scanning software at: www.i- nigma.mobi Utterback, Theresa From: ITS Mailbox Sent: Tuesday, April 17, 2012 11:32 AM To: Utterback, Theresa Subject: Delivery Status Notification (Relay) Attachments: ATT3805340.txt; RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant 0 Li A1T3805340.txt RE: Splashdown (245 B) Divers Interior... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. lynn @splashdowndivers.com Utterback, Theresa From: ITS Mailbox Sent: Tuesday, April 17, 2012 11:32 AM To: Utterback, Theresa Subject: Delivery Status Notification (Relay) Attachments: ATT3805329.txt; RE: Splashdown Divers Interior Build -Out and Commercial Facade Grant A1T3805329.txt RE: Splashdown (233 B) Divers Interior... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. dporcelain2@msn.com ,..0 ...4, B BEACH AGENDA ITEM STAFF REPORT CRA BOARD MEETING OF: September 11, 2012 1 Consent Agenda 1 1 Old Business 1 X 1 New Business 1 1 Public Hearing 1 1 Other SUBJECT: Approval of the Boynton Harbor Marina Dockage Agreement for FY 2012 -2013 SUMMARY: The CRA purchased the privately owned and operated Two George's Marina in March 2006 which consisted of 24 boat slips and a two story dive shop building. The purchase was made to preserve the viability of the local commercial fishing and diving industry in Boynton Beach which is diminishing because of the lack of affordable marina space due in part to the privatization of area marinas and the residential redevelopment of waterfront lands. To date, the CRA has invested over $19 million in Boynton Harbor Marina area improvements including the Boynton Beach Boulevard extension & Promenade walkway, acquisition of the marina & fuel dock facility, the slip and fuel dock reconstruction project, marina Tower entry feature project and Marina Master Redevelopment Plan design. Future marina redevelopment phases include the new Harbor Master building with public restrooms and waterfront public open space, marina open space, traffic flow enhancements and additional signage. At the September 11, 2007, CRA Board meeting, the Board approved a formal dockage lease agreement to be used with the tenants of the marina. Since 2007, the dockage agreement (see Attachment I) has been written specifying a one year dockage term and the CRA Board approved lease rate along with the Boynton Harbor Marina rules and regulations governing slip tenant activities. The CRA Board approved a lease of $16 per linear vessel foot at their August 22, 2012 budget meeting for the upcoming 2012- 2013 fiscal year (see Attachment II). The CRA will continue to offer the fuel discount program to dockage Boynton Harbor Marina tenants and commercial vessels within the basin amounting to approximately $6,000 per year in discounted fuel savings. FISCAL IMPACT: None. RECOMMENDATIONS: Approval of the CRA FY 2012 -2013 Boynton Harbor Marina Dockage Lease Agreement. Mic ael Simon, Development Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting \FY 2009 - 2010 Board Meetings \05 -11 -10 Meeting \Dockage Agreement FY 2010- 2011.doc ATTACHMENT I ,...,.1...... ....,, B C)Y N TO N -BEACH CRA August 23, 2012 Re: 2012 -2013 Boynton Harbor Marina Annual Slip Rate & Dockage Agreement Dear: At the annual budget meeting held August 23, 2012, the CRA Board was presented with the attached marina slip rate analysis and backup documentation in order to discuss the Boynton Harbor Marina Slip Lease Rate for the fiscal year 2012 -2013. As in previous years, when considering the annual slip rate, the CRA Board must balance the interest of the marina tenants as well as the CRA Board's overall fiduciary responsibility to the public. In light of the fact that the slip rate has remained fixed at $14 per foot since October 2007 when the CRA purchased the marina and the significant financial investments made to the marina during the past several years, the CRA Board approved an annual dockage lease rate of $16 per foot for vessels within the Boynton Harbor Marina slips as well as the continuation of the fuel discount program for slip tenants. The CRA Board also approved a substantial investment of redevelopment funds for completion of Boynton Harbor Marina Harbor Master & Fuel Dock building with new public restrooms, fuel operations systems and site improvements project to take place on the CRA's existing marina waterfront parcel next to the Two Georges restaurant. Additionally, enclosed for your review is the proposed Boynton Harbor Marina Dockage Agreement for FY 2012 -2013 for the lease period of October 1, 2012 — September 30, 2013. This agreement will be presented to the CRA Board for approval at their September 11, 2012 meeting, at 6:30pm in the City Commission Chambers within City Hall located at 100 E. Boynton Beach Boulevard. If you have any questions or need any additional information, please do not hesitate to contact me directly. Sincerely, Michael Simon Development Director cc: Vivian Brooks, CRA Executive Director Brian Smith, Boynton Harbor Marina Dock Master, Waypoint Marine, Inc. 710 N. Federal Highway, Boynton Beach, FL 33435 Office: 561- 737 -3256 Fax: 561- 737 -3258 www.boyntonbeachcra.com 43 � b0r ■ • BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY "BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT This Lease Agreement is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, herein called "LESSOR" and the undersigned boat and /or owner, hereinafter called. "LESSEE ". WAYPOINT MARINE, INC., hereinafter referred to as "Dock Master" performs any and all duties of marina management on behalf of the LESSOR. . (Print all information. All blank spaces must be completed.) LESSEE'S Name BUSINESS NAME LESSEE'S Address City State Zip Vessel Registration No. Vessel Name: Make Year O.A. Length Beam Draft *Length of vessel shall be measured from end of pulpit to end of dive platform. Vessels shall be measured annually. Power Sail Slip No. Lease Rate' $ 16.00 per foot Electricity: 110 220 Phone No. Alternate Phone No. 1. The tern of this Dockage Lease shall be from until September 30, 2013. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. The rental shall be the sum of per month plus 6% sales tax in the amount of $ , for a total of $ per month. Rent for the first month shall be prorated if Lease is executed after the 1 of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the 1 Rate is subject to annual adjustment. month. There shall be a fifty dollar ($50.00) late payment fee due on all rent payments received after the past due date. An additional fifty dollar ($50.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Timely payment of rent is a material provision of this Lease and the Late payment of rent constitutes grounds for termination of this Lease by Lessor whether delinquent rent is accepted or not. Stated differently, Landlord may accept late payment of rent without waiving Landlord's right to declare a breach of Lease and terminate this Lease. 3. LESSOR agrees to provide electricity and water hookups at Blip. Any equipment/connecting devices necessary to provide the connection frol.ti the c1 to the vessel shall be the responsibility of the LESSEE but the type and manner of corction are subject to approval by the LESSOR. LESSEE is responsible for the ,ayment o their monthly electrical and water usage. The billing rate for electric d waet imption by the LESSEE shall be based on usage to the slip determined by LESSOR and calculated based on the prevailing rate charged to the LESSOR the utflity provider. A utility statement will be hand delivered or mailed to the LESSEE.. on. the 1St of each month and shall reflect the amount of electric and water usage for the previous month. LESSEE's utility payments shall be due to LESSOR no later than the fifth day of the following month. There shall be a late payment fee of twenty -five dollars ($25.00) due on all utility payments received after the due date. 4. LESSOR shall have a lien against the above described boat, it's appurtenances and contents, for unpaid sums due for use of dock facilities or other services, or for damage caused or contributed to by above described boat, LESSEE or any individual the LESSEE allows to use the boat to any docks or property of LESSOR or any other person at the docks in addition to all other remedies available at law or in equity. 5. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSOR shall not be liable for the care or protection of the boat (including gear, equipment and contents) or for any loss or damage of whatever kind or nature to the boat, it's contents, gear or equipment howsoever occasioned. 6. This Lease is valid only for the above named vessel and LESSEE, and is not transferable to another vessel or LESSEE without the written authorization and approval of the LESSOR. This Lease does not allow for the sub - leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create a lease in favor of the LESSEE or any interest in the underlying bottom lands or real property connected with the LESSOR. 7. LESSEE is required to notify the Dock Master in writing if the vessel occupying the above referenced slip will be absent from the slip for longer than a thirty (30) day period. Slips left empty for longer than a thirty consecutive day period, or for twenty days in a forty five day period without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 8. This Lease shall be in effect until the end of the term unless sooner terminated in accordance with the following conditions: a. By destruction of the dockage facilities by storm, Act of God or other calamity. b. In the event Owner makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. c. LESSEE may terminate this Lease by providing thirty (30) day' 4 en notice to the LESSOR provided all rents and fees are current and paid in full fir,, d. By breach or default as provided in paragraph 9 below. e. Late payment of rent or penalty charges. f. Failure to maintain and provide proof to Landlord of insurance coverage as required in paragraph 16 below. 9. LESSEE agrees to comply with all posted Rules and Regulations attached hereto, as amended from time to time in the LESSOR's sole discretion. as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, this rental Lease shall terminate immediately and LESSOR may remove the boat from her mooring space at the LESSEE's risk and expense and retake possession of the mooring space. 10. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver. 11. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's vessel in danger of incurring damage to itself or LESSEE's vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove his /her vessel from the LESSOR's property and dockage facility. Any damage caused by LESSEE's vessel to the LESSOR'S property, dockage facilities, LESSEE's vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he /she shall be solely responsible for maintaining a weather watch to ascertain when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove his/her vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. The undersigned Landlord hereby informs you, as required by Florida Statute Section 327.59, that in the event you fail to remove your vessel from the marina promptly (time frame to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for southeast Florida including Palm Beach County, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any‘.4 d all other reasonable actions deemed appropriate by `tie undersigned or his or her employees or agents in order to bett ' secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, it shall remain the LESSEE's responsibility for all damage caused by his vessel to the LESSOR dockage facilities or other vessels. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's vessel from damage. LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dock Master or the LESSOR at the signing of this Lease. 12. LESSOR represents and LESSEE hereby confirms his/her understanding that there is no telephone or cable television service provided to the facility. Telephone service to the vessels must be by cellular phone. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dock Master or the LESSOR. 13. The LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event the LESSOR deems it necessary, in their sole discretion by providing the LESSEE ten (10) days written notification of such intent. The LESSOR reserves the right to temporarily reassign the LESSEE to a different slip in the event the LESSOR deems it necessary, in their sole discretion for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason the LESSOR deems necessary. 14. No other vessel may be placed in the water along with the LESSEE's vessel which is the subject of this Lease without the prior written consent of LESSOR. Should LESSEE have a dingy or other similar boat on board the approved vessel, when the dingy is not aboard the approved vessel. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the main vessels when not in use. 15. The LESSEE expressly acknowledges that the LESSOR assumes no responsibility for the caretaking or security of the LESSEE's vessel and the LESSEE shall be solely responsible for obtaining independent caretaking services with respect to his vessel. Any independent or corporate caretaker or mechanic working on a vessel must register with the Dock Master and provide copies of the business license and proof of their business insurance policy. 16. The LESSEE hereby agrees to, at all times during the term of this Lease, maintain insurance providing complete marine coverage for the LESSEE's vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Dockage Lease. The Dock Master and or LESSOR reserves the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the vessel at all times. 17. The LESSEE agrees to indemnify, save, and hold the LESSOR harmless for any and all liabilities, claims, damages, or losses asserted or claimed against the LESSOR arising out of the LESSEE's use of the LESSOR's dockage facilities or LESSOR property pursuant to this Dockage Lease, as well as from any and all acts of the LESSEE, his /her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable defense costs including attorney fees at the appellate level. 18. This Lease supersedes any and all other Leases, oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and Leases between the parties with respect to such relation in any manner whatsoever. 19. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 20. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 21. It is mutually understood that the Leases and covenants contained herein are severable and in the event any of them shall be held to be invalid, this Lease shall be interpreted as if such invalid Leases or covenants were not contained herein. CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regt4ons Governing Dockage. I hereby acknowledge that the marina is a public area and that I have no expectation f privacy with respect to activity which occurs in plain view on the vessel. I waive my rights un ",_ any privacy laws, and give my consent to the Boynton Beach Community Redeve . sment Agency, its agents and contractors to examine any information given herein. I firmer ission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and /or my vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. Date: LESSEE Signature *: Print Name Date: LESSEE Signature *: Print Name *If Lessee a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Date: By:_ Title: j e m i 1 IN I • id `..)- _- BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR docks, the following rules and regulations are provided for your protection. LESSEE is required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dock Master. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR property. Pets permitted only if they do not disturb other LESSEEs and guests. 4. Under no circumstances will live- aboard status be allowed. No overnight stay by the LESSEE, his /her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dock Master of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on -site dumpster or taken to your place of residence or legal off - site disposal location. 7. Under no circumstances shall sewage be disposed of into the marina basin. Sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 8. Noise shall be kept to a minimum at all times. Patrons shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. Page 1 of 2 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dock Master and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel powered vessels from fuel trucks, portable cans or containers shall be prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The LESSOR reserves the right to limit and govern parking spaces in the LESSOR parking areas. The Boynton Harbor Marina slip loading and unloading only area is designated as the marked spaces located in front of the docks. These spaces shall be limited to use on a 15 minute only basis for the loading and unloading of the LESSEE's supplies, patrons and crew. NO LONG TERM PARKING WILL BE ALLOWED in this location. Overnight or long term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dock Master and Marina Village Property Manager. 15. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSOR's vehicle. 16. 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V Y a 10 N o O y N o. 8 4, N -2 C R U Y X P J J U O Q — $ ly C L m 0 , 0 0 m 2 1u = k a � a - g C � J 1 E p O c E ` p 2 6,1 _ .0 >• 4 of O m . a 4 yQ W W N O tq t IL A 'S G O A 1 L m N y C m ae m a U U t r a F o L a Ti t i m L di Ili di 5 • • 3 a. C °° E 1- F F c H F e _ 0 n _ A' SP - • - O O O 3 n f) ATTACHMENT II cRisli BOYN TO Nf ry l iom..., =BEACH CRA BUDGET MEETING OF: August 22, 2012 SUBJECT: Marina Slip Rents SUMMARY: When the CRA purchased the Marina in March of 2006 there were no leases or uniform leasing rates. As a public entity, the CRA felt it was important to have uniform leases and rental rates which were instituted in 2007. Since that time, the slip rates have not increased. However. the CRA has made and continues to make a large public investment to improve the marina. The Boynton Harbor Marina slip rentals are the lowest commercial rates in Palm Beach County by a good margin. Staff is recommending that the Board consider an increase from $14 per linear foot to $16 a foot. This rate is still low in comparison to other commercial marina in the County. While keeping the rents low would benefit a few, it is at the expense of all of the taxpayers within the CRA district that have contributed to the marina improvements. The CRA does not make a profit on the marina operations and if the increase is approved, will still not realize a profit on this commercial venture. The increase would simply help to offset the cost of the marina operations FISCAL IMPACT: See attached spreadsheet CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve the increase in marina slip rent from $14 per linear foot to $16 per linear foot effective October 1, 2012. ..--- Vivian L. 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O N O N C I� . y O O I� co OO to O (', O .D 00 ` C O E 2 w a Zia w w `) u9 40 a a) ,Y, O 0) a N 2 m o U p a c a. t w m c i, c To ? g o m m - c al o a 2 2 0 a m (0 c c , m o m` a v E To m a . a 0 m m 1O � a c ° • o. C 2 c c C , v_1 O O N ' a a u 3 .c a w m m d a c . C N gy _a W E J J U d 2 , ' 8 ° _E > > C a O u a L L 2 . v _ V f E E . o v o >- c o m w a g u m o A LL m m $ (� t 3° t y 2 a m c U O a a 6 a o u m ui Ili ui .) ui ui `o y 3 a. = Y r m E 1-- r c f- ■-• BOYNTON BEAC RA CRA BOARD MEETING OF: September 11, 2012 X 1 Consent Agenda 1 1 Old Business 1 1 New Business 1 Public Hearing 1 1 Other SUBJECT: Consideration of Executive Director's Annual Review SUMMARY: The Executive Director's Employment Agreement dated September 13, 2011 (attached), states in section 3.3: "The Board shall review Employee's salary and benefits annually at the time of the Employee's review and in the event the Employee's review is above satisfactory, Employee's salary shall be considered by the Board for an increase." The Executive Director's salary in FY 2011 -2012 is $115,000. Performance appraisals have been completed by all CRA Board members and the Performance Scoring summary is attached as well as the individual Board member completed appraisal forms. FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: None — CRA Board to provide direction regarding possible Executive Director salary increase in FY 2012 -2013. c Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda ttem Request Forms by Meeting \FY 2011 - 2012 Board Meetings\September 2012 \Executive Director's Redew.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Executive Director - Performance Appraisal - September 2012 Woodrow Hay Mack McCray James Steven Mark I Marlene CRA Board Members ■ Chair Vice Chair _ Buchanan Holtzman Karageorge Ross Average Organizational Management Leadership 5.0 4.0 5.0 4.0 4.0 4.0 4.3 Supervision 5.0 4.0 5.0 3.0 5.0 4.0 4.3 Job Organization 5.0 3.5 5.0 4.0 5.0 4.0 4.4 Staff Development 5.0 4.0 5.0 4.0 5.0 5.0 4.7 Fiscal /Business Management Budget 5.0 4.0 5.0 4.0 4.0 5.0 4.5 Agendas 5.0 4.0 5.0 3.0 5.0 2.5 4.1 Financial Reporting 4.0 4.0 5.0 4.0 5.0 5.0 4.5 Managing Multiple Priorities 5.0 4.0 5.0 3.0 5.0 5.0 4.5 Productivity 5.0 3.5 5.0 3.0 5.0 5.0 4.4 Program Development and Follow Through Execution of Policy 5.0 4.0 5.0 4.0 5.0 5.0 4.7 Program Development and Follow Througt 5.0 4.0 5.0 3.0 5.0 5.0 4.5 Imagination- Initiative 5.0 _ 4.0 5.0 3.0 4.0 5.0 4.3 Communication Communication 5.0 3.5 5.0 4.0 4.0 4.0 4.3 Reporting 4.0 4.0 5.0 4.0 5.0 5.0 4.5 Board Communication 5.0 5.0 4.0 3.0 4.0 4.0 4.2 Written Communication 5.0 3.8 5.0 3.0 5.0 4.0 4.3 Relationship with the CRA Board Response to Board 1 5.0 1 4.0 1 5.0 1 3.0 1 4.0 1 5.0 4.3 Long Range Planning Strategic Planning 5.0 4.5 5.0 3.0 5.0 5.0 4.6 Economic Development 5.0 4.0 5.0 3.0 5.0 4.0 4.3 Multi -Year Approach 4.0 3.5 4.0 4.0 4.0 4.0 3.9 Relationship with Public /Public Relations Media Relations 5.0 4.0 5.0 4.0 4.0 3.0 4.2 Community Reputations 4.0 4.0 5.0 3.0 4.0 3.0 3.8 Intergovernmental Relations (Intergovernmental Relations 1 5.0 1 4.5 J 5.0 1 4.0 1 4.0 1 4.0 4.4 Professional /Personal Development Objectivity 5.0 4.0 5.0 2.0 4.0 4.0 4.0 Professional Reputation 5.0 4.5 4.0 Not Rated 5.0 4.0 4.5 Stress Management 4.0 4.0 5.0 3.0 5.0 5.0 4.3 Personal Attributes Leadership Style 5.0 4.5 5.0 4.0 5.0 4.0 4.6 General Attitude 5.0 5.0 5.0 3.0 5.0 4.0 4.5 Drive 5.0 4.5 5.0 5.0 5.0 5.0 4.9 Judgment and Decisiveness 5.0 4.5 5.0 3.0 4.0 4.0 4.3 Integrity 5.0 4.5 5.0 2.0 5.0 4.0 4.3 Self- Assurance 5.0 5.0 5.0 4.0 4.0 5.0 4.7 (Overall Performance Impression 1 5.0 1 3.9 . 1 5.0 1 Not Rated' 5.0 1 4.0 4.6 (Average All Scores 1 4.8 1 4.1 1 4.9 1 3.4 1 4.6 1 4.3 4.4 Rating Scale 1 = Unsatisfactory: poor, needs substantial improvement 2 = Below expectations: needs improvement 3 = Satisfactory: meeting an acceptable performance level 4 = Meeting expectations: very good 5 = Exceeding expectations: excellent EMPLOYMENT AGREEMENT ,1 This employment agreement ( "Agreement "), is made and entered into on this /3 day of September, 2011, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA "), and VIVIAN L. BROOKS, (the "Employee ") (collectively, the "Parties "). WHEREAS, the Board desires to employ the Employee, as Executive Director of the CRA; and WHEREAS, the CRA desires to provide certain benefits, to establish certain conditions of employment and to set certain working conditions of Employee; and WHEREAS, Employee desires to accept employment as Executive Director of the CRA under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties agree as follows: 1.0. Duties 1.1. The CRA agrees to employ Employee as the full -time Executive Director of the CRA to perform the functions and duties necessary to manage its operations. 1.2. The general scope of duties is set forth in the job description attached hereto as Exhibit "A ". 1.3. Employee agrees to perform her duties and other such legally permissible and proper duties and functions, consistent with the office of the Executive Director, as the Board of Commissioners of the CRA (the "Board ") shall assign from time to time. S:\CA \CRA \Brooks Employment Agreement v2.doc 2.0. Term. 2. I . This Agreement shall become effective and the term of employment as Executive Director shall commence on the date approved by the Board for a one (1) year term.. This Agreement may be terminated by either party pursuant to Section 10. 2.2. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the CRA to terminate the services of the Employee at any time, with or without cause, when done in accordance the provisions set forth in Section 10 of this Agreement. Termination without cause shall require a thirty days notice to Employee. The CRA may accept the resignation effective a date prior to the expiration of thirty {30) days, but in that event, the CRA shall still pay Employee until the end of the thirty (30) days, subject to the twenty {20) week limitation on severance referred to in section 10.0. With respect to severance, in the event of any conflict between the terms of this agreement and the provisions of Laws of Florida 2011- 143, the provision of the 2011 -143 shall control. 2.3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with the CRA, subject only to the requirements and provisions set forth in Section 11 of this Employment Agreement. Employee shall give CRA a sixty (60) day notice of resignation. 3.0. Salary. 3.1. The CRA agrees to pay Employee for services rendered commencing upon the date of the execution of this Agreement at an annualized base salary of $ 115,00.00 payable for time employed in bi- weekly amounts of $4,107.14 {subject to customary withholding and deductions). Such payment will be made consistent with existing CRA pay periods. It is recognized that the CRA S:ICAICRA1Brooks Employment Agreement v2.doc pay periods are bi- weekly and if the pay periods change, the employee's annualized base salary shall not change. 3.2. Notwithstanding reference to "term" and "annualized salary ", reference to those terms does not imply a fixed term of employment and Employee is not entitled to compensation other than for time actually employed by the CRA, unless as stated elsewhere in this Agreement. 3.3. The Board shall review Employee's salary and benefits annually at the time of the Employee's review and in the event the Employee's review is above satisfactory, Employee's salary shall be considered by the Board for an increase. 3.4. Notwithstanding the Board's rights as set out in 3.3 above, the Board shall conduct a formal review annually in advance of the anniversary date of this Agreement and prior to granting extensions to the term as set out in section 2.1 of the Agreement. It is the Board's responsibility to conduct a formal review and in the event the Board does not complete such annual formal review within thirty (30) days prior to the end date of this Agreement, the Agreement will automatically renew under the existing terms and conditions. The Employee shall initiate the review process by adding it to the Agenda and the Board shall conduct the review in a timely manner and vote on the Employees performance review. 4.0. Vacation and Sick Leave. 4.1. The Employee shall be entitled to be paid sick and vacation leave under the following terms and conditions: 4.2. Vacation Leave. Employee is a current employee of the CRA and accrues vacation leave at a rate of 4.62 hours per pay period. However, in no event shall the Employee be allowed to accrue more than 320 vacation hours during her employment. The maximum number of vacation S:1CA \CRA18rooks Employment Agreement v2.doc hours that Employee may accrue cannot exceed 320 hours. Hours accrued in excess of 320 hours will be forfeited. Upon separation for any reason the CRA will pay out all accrued vacation time up to 320 hours. 4.1 Notification of Vacation Leave. Employee shall notify the Board fifteen (15) days prior if taking more than five (5) business days off. Employee will also notify the Board of her designee in her absence. 4.4. Sick Leave. Employee is a current employee of the CRA and accrues sick time at the rate of 3.69 hours per pay period. Sick leave may be used only for actual illness. The maximum number of sick hours that Employee may accrue cannot exceed 480 hours, Hours accrued in excess of 480 hours will be forfeited. Upon separation for any reason the CRA will pay out all accrued sick time up to 480 hours. 4.5. At time of approval of this Agreement, Employee has 73.21 hours of vacation accrued and 199.31 hours of sick leave accrued. 5.0. Insurance. 5.1. CRA agrees to provide at no cost to Employee health, dental, life, and disability insurance for Employee consistent with health insurance policies consistent with those in effect as of the Effective Date of this Agreement and provided by the City of Boynton Beach to its employees. If the policies relating to insurance of the City for City senior staff employees change, the Employees benefits will change accordingly. 6.0. Automobile /Car Allowance. 6.1. The Employee's duties require that she have the use of an automobile during her employment by the CRA. Employee shall be compensated for the use of her personal automobile for S \CA\CRA \Brooks Employment Agreement v2 doe CRA business at the prevailing IRS mileage rate at the time of the travel. 7.0. Legal Holidays. 71 The Employee is not required to work office hours on legal holidays as designated from time to time by the CRA. 8.0. Outside Activities and Hours of Work. 8.1. The Employee shall not be entitled to engage in any other employment or professional engagements without prior consent of the Board. 8.2. Employee shall disclose at the next regularly scheduled Board meeting her involvement in any business, charitable and corporate (for profit and not for profit) organizations. 8.3. Employee shall comply with the provisions of the State of Florida and Palm Beach County Code of Ethics, as each is amended from time to time. 9.0. Professional Development. 9.1. The CRA agrees to budget and pay Employee's membership costs in the American Planning Association (APA), the American Institute of Planners (AICP), the Florida Redevelopment Association (ERA). and the Urban Land Institute (ULI) which are determined by the CRA to be for the good of the CRA. At any time during the term of this Agreement the Board may decide to not pay for Employee's reasonable membership costs in these organizations, if they decide that it no longer is in the best interest of the CRA. 9.2. The CRA hereby agrees to consider to budget for and pay Employee's travel and subsistence expenses to attend one national convention (e.g. Urban Land Institute (ULI), American Planning Association (APA), International Council of Shopping Centers (ICSC), National Trust for Historic Preservation (NTHP) and one Florida conference (e.g. Florida Redevelopment S.\CA1CRA\Brooks Employment Agreement v2.doc Association) per year. 9.3. The CRA will reimburse Employee for documented and justifiable expenses incurred for the purpose of promoting the CRA district within the amounts authorized in the CRA budget. 10.0. Termination. 10.1. Employee is an at will employee of the CRA who serves at the pleasure of the Board. This Employment Agreement may be terminated by either party, without cause. If the Employee is terminated without cause, Employee must be given no less than sixty (60) days notice of termination. In lieu of notice of termination, subject to any limitation on severance pay provided by state law, as amended from time to time, the Board will provide severance pay in the amount not to exceed an amount greater than 20 weeks of actual compensation plus earned and accrued vacation and sick leave. If termination is for cause Employee shall not be entitled to any severance pay but shall receive accrued vacation and sick pay. 11.0. Indemnification. 11.1. In accordance with the provisions and limitations of Florida Statute Section 111.07, the CRA shall provide an attorney to defend any civil action in which Employee is joined as a party in her capacity as Executive Director of the CRA.. 12.0. Other Terms and Conditions of Employment. 12.1. The Board may establish other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of the Agreement or any other applicable laws of the City of Boynton Beach or State of Florida. 13.0. Notices. S 1CA \CRA \Brooks Employment Agreement v2. doe 13.1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: CRA: Boynton Beach Community Redevelopment Agency c/o CRA Board Chairperson and Board Attorney 100 East Boynton Beach Blvd. Boynton Beach, Florida Employee: Vivian Brooks 235 Santa Lucia Drive West Palm Beach, FL 33405 13.2. Alternatively, notices required pursuant to this Agreement may be personally served by hand delivery or in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 14.0. General Provisions. 14.1. The text in the Agreement shall constitute the entire agreement between the parties and supersedes any prior stipulations, understandings or agreements. 14.2. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. 14.3. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 14.4. This Agreement may be executed in counterparts; each of which will be deemed to be an original, but all of which together will be deemed to be one and the same instrument. This Agreement may also be executed by exchange of facsimile or other electronic transmissions between S: \CA \CRA\Brooks Employment Agreement v2.doc the Parties. 14.5. If either party incurs legal fees or litigation expenses, whether or not an action is instituted, to enforce the terms of this Agreement or to recover damages or injunctive relief for breach of this Agreement, it is agreed that the successful or prevailing party will be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, has caused this Agreement to be signed and executed on its behalf by the CRA Chairman, and approved as to form by the Board Attorney, and Vivian Brooks, Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jose Rodriguez, C - • 7 Approved as to f'r3ii: J • A. Chero ', ' Attorney Viv n L. Brooks SACA \CRA\Brooks Employment Agreement v2,doc 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exams Expectations Expectations Expectations COMMENTS: IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? 1.0 2.0 3.0 4.0 ! Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 5 of 14 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? + + + + + 1.0 2.0 3.0 4.0 (10 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: V. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VI. Long Range PIanning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concems for "quality of life" issues? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 6 of 14 20. Multi -Year Approach: Is the Executive Director helping the Board to address the CRA°s future through multi -year planning? + + ± r + 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VII. Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + + + + + in 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? + + + + + 1.0 2.0 3.0 X 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Executive Director work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperative efforts among various local agencies and the CRA? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 7 of 14 IX. Professional/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and qualified opinions? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? + + + + + 1.0 2.0 3.0 C4.0) 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 8 of 14 X. Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is fine, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? 1.0 2.0 3.0 4.0 !$,0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COANTS: 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? + + + + + 1.0 2.0 3.0 4.0 r5 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self-starter? Does the Executive Director have good mental and physical stamina? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 9 of 14 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 32. Self - Assurance: Is the Executive Director self-assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? + + + + + 1.0 2.0 3.0 4.0 (50 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 10 of 14 FY 2011/2012 OUTCOMES Performance Goal #1 Create and Implement Special Events to Attract Visitors to the Downtown Outcomes Attendance increased for all events, particularly those at the new amphitheatre. Brought more people to the downtown area. Increased awareness of Boynton Beach. Performance Goal #2 Completion of Ocean Avenue Capital Improvement Protects; Marina Entry at Ocean Avenue, Amphitheatre, and Jones Cottage. Outcomes All projects were completed within budget. Performance Goal #3 Ocean Breeze West Redevelopment Outcomes Two homes completed. Four more in the pipeline. All 21 lots have qualified buyers. Performance Goal #4 Marina Entry Feature at Boynton Beach Blvd. and Federal Hwy. Outcomes Design completed. Building permit issued. RFP approved by CRA Board. Performance Goal #5 Recruitment of Tenant and Execution of Lease for Ruth Jones Cottage Outcomes The Little House Restaurant opening for business July 2012 adding a new retail business to Ocean Avenue. Performance Goal #6 Install Banners throughout Downtown Outcomes 143 banners installed with desi • ns that reinforce the Ci 's brandin • cam • ai • n. Performance Goal #7 Provided Assistance to Local Merchants through the Merchant Marketing Program Outcomes Shop Local Advertising Program in Boynton Forum— 18 merchants participated. Placed Breeze into Boynton Ads in TGIF, Neighborhood Post, Coastal Star, Comcast, Palm Tram and PBPulse.com. Conducted two seminars on marketing. Page 11 of 14 Performance Goal #8 Implement Study of Boynton Beach Blvd. for Possible Design Change Outcomes Analysis completed and submitted to FDOT. FDOT has no issue with the City /CRA's request for design change. Performance Goal #9 Maintain Agency's Fiscal Integrity Outcomes The Agency is on track with the FY 11/12 budget. The FY 10/11 Audit was performed on time and came in with no findings. Performance Goal #10 Increase Cooperation Between CRA, City and Chamber Outcomes By working more closely together, more has been accomplished with Tess resources being expended. The image of Boynton Beach is improving and interest in investing is growing. Performance Goal #11 Install Sea Life Illumination Art Along Ocean Avenue Outcomes Electrical specifications completed. Call to Artists completed and approved by the Arts Commission. Call to Artists issued. J Performance Goal #12 Provide Incentives to the Private Sector to Invest In the CRA and Create Jobs Outcomes $335,000 grant funding provided to businesses. 30+ jobs created. ($11,167 per job in public funds.) Page 12 of 14 Professional Development Plan Identify key goals along with a specific job assignment, project, or action to meet the goal. Development Goal _ Planned Actions) Continue to attract new businesses and assist in the Provide economic tools, expansion of existing businesses in the CRA district marketing and promotions that create a favorable economic environment. Work with the City to remove barriers that inhibit businesses from opening. Development Goal Planned Action(s) Continue to reinforce the interconnectivity of activity nodes Add art, lighting, street in the downtown area to create a unified theme and sense furniture, parking, of place. landscaping and new businesses throughout downtown area. Development Goal Planned Action(s) Provide support to area businesses to ensure success and Add parking in downtown survival. area. Provide financial support for merchant events. Create merchant web page. Page 13 of 14 OVERALL PERFORMANCE IMPRESSION: + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for praise /commendation SIGNATURE PAGE 1 , 0. ijo. t- _- 21 Q , , /, 9 , .7,e2.(,/; - ' : " . ..' ' .5 g nature of Rater Date Page 14 of 14 BOYNTON BEACH Community Redevelopment Agency Executive Director's PERFORMANCE Evaluation FOR Vivian L. Brooks DATE s r � 2 ' C NAME OF EVALUATOR: lice di r f(1 777 ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is requested to complete the evaluation form based on his/her assessment of the Executive Director in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and comment "fill -in" areas are also included. 2. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared bythe Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator ( 1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations, needs improvement = MARGINAL 3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED 4 = Meeting expectations, very good = MORE THAN SATISFIED 5 = Exceeding expectations, excellent = VERY SATISFIED Page 1 of 14 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIBILITY: I. Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and n organizational changes? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? Is the Executive Director able to control the operational activities of the CRA through others? + + + + 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: __ Page 2 of 14 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? + + + + 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: II. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well - planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + 1.0 2.0 3.0 it 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 14 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tricks facing the CRA? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: III. Program Development and Follow - Through 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? + + + + 1.0 2.0 3.0 4. • 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 11. Program Development Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + 1.0 2.0 3.0 5.0 / 4 ( Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 4 of 14 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? + + + + 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 1V . Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? K + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + + 1.0 2.0 3.0 4.0 . Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 5 of 14 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? + + + + + 1.0 2.0 3.0 X 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: V. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + + + + 1.0 2.0 3.0 4 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VI. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + + + + + 1.0 2.0 3.0 4.0 ` 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 6 of 14 20. Multi-Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? X 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VII. Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and p grams of the CRA? + + + + 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? + + + + 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Executive Director work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperative efforts among various local agencies and the CRA? + + + + + 1.0 2.0 3.0 4.0 X 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 7 of 14 IX. Professional/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and qualified opinions? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? + + + + 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? + + + + 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 8 of 14 X. Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + + 1.0 2.0 3.0 4.0 K 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? + + + + 1.0 2.0 3.0 4.0 (t Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 29. Drive: Ls the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self - starter? Does the Executive Director have good mental and physical stamina? + + + + + 1.0 2.0 3.0 4.0 X 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 9 of 14 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her profession] capacities? Does the Executive Director have a reputation in the community for honesty and int 'ty? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 32. Self- Assurance: Is the Executive Director self - assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? 1.0 2.0 3.0 4.0 "1 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 10 of 14 FY 2011/2012 OUTCOMES Performance Goal #1 Create and Implement Special Events to Attract Visitors to the Downtown Outcomes Attendance increased for all events, particularly those at the new amphitheatre. Brought more people to the downtown area. Increased awareness of Boynton Beach. _ Performance Goal #2 Completion of Ocean Avenue Capital Improvement Projects; Marina Entry at Ocean Avenue, Amphitheatre, and Jones Cottage. Outcomes All projects were completed within budget. Performance Goal #3 Ocean Breeze West Redevelopment Outcomes Two homes completed. Four more in the pipeline. All 21 lots have qualified buyers. Performance Goal #4 Marina Entry Feature at Boynton Beach Blvd. and Federal Hwy. Outcomes Design completed. Building permit issued. RFP approved by CRA Board. Performance Goal #5 Recruitment of Tenant and Execution of Lease for Ruth Jones Cottage Outcomes The Little House Restaurant opening for business July 2012 adding a new retail business to Ocean Avenue. Performance Goal #6 Install Banners throughout Downtown Outcomes 143 banners installed with designs that reinforce the City's branding campaign. Performance Goal #7 j Provided Assistance to Local Merchants through the Merchant Marketing Program Outcomes Shop Local Advertising Program in Boynton Forum— 18 merchants participated. Placed Breeze into Boynton Ads in TGIF, Neighborhood Post, Coastal Star, Comcast, Palm Tram and PBPulse.com. Conducted two seminars on marketing. Page 11 of 14 Performance Goal #8 1 Implement Study of Boynton Beach Blvd. for Possible Design Change Outcomes Analysis completed and submitted to FDOT. FDOT has no issue with the City /CRA's request for design change. Performance Goal 119 Maintain Agency's Fiscal Integrity Outcomes The Agency is on track with the FY 11/12 budget. The FY 10/11 Audit was performed on time and came in with no findings. _ Performance Goal #10 Increase Cooperation Between CRA, City and Chamber Outcomes By working more closely together, more has been accomplished with less resources being expended. The image of Boynton Beach is improving and interest in investing is growing. Performance Goal #11 Install Sea Life Illumination Art Along Ocean Avenue Outcomes Electrical specifications completed. CaII to Artists completed and approved by the Arts Commission. Call to Artists issued. Performance Goal #12 Provide Incentives to the Private Sector to Invest in the CRA and Create Jobs Outcomes $335,000 grant funding provided to businesses. 30+ jobs created. ($11,167 per job in public funds.) Page 12 of 14 Professional Development Plan Identify key goals along with a specific job assignment, project, or action to meet the goal. Development Goal Planned Action(s) Continue to attract new businesses and assist in the Provide economic tools, expansion of existing businesses in the CRA district marketing and promotions that create a favorable economic environment. Work with the City to remove barriers that inhibit businesses from opening. Development Goal Planned Action(s) Continue to reinforce the interconnectivity of activity nodes Add art, lighting, street in the downtown area to create a unified theme and sense furniture, parking, of place. landscaping and new businesses throughout downtown area. Development Goal Planned Action(s) Provide support to area businesses to ensure success and Add parking in downtown survival. area. Provide financial support for merchant events. Create merchant web page. Page 13 of 14 OVERALL PERFORMANCE IMPRESSION: + + + t 1.0 2.0 3.0 X4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Strengths: Based upon your overall evaluation of the Executive Director,t areas 7/ 4 would you list as her/his strong points as a manager? / ` Aik 64a1 e/ 17 Improvements suggested: Based upon your evaluation, what areas would you suggest e GitTphirteger work on to im ove hiss '11s Fid to be more e cti v -� A. r&t specific areas or situations? /�7' 444 7/i,for / , 2" NZ -. o t� / , htkt i / „ cup ) ,,‘4 7 at- C a s: Areas) o performance or p se/commendation •- -'�'r�- /079 .k"--b-eA(.14/ 4 1 -1 . - - 1 / „,,,,,,, .rt... 4 % ,----f zi h f,6 01/ l // ke X g " SIGN. i - I' - PAGE K ,,_ .,... , igna of Ra a Page 14 of 14 BOYNTON BEACH Community Redevelopment Agency Executive Director's PERFORMANCE Evaluation FOR Vivian L. Brooks DATE / NAME OF EVALUATOR: •3(1C' C < c%rig d/ ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is requested to complete the evaluation form based on his/her assessment of the Executive Director in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and comment "fill -in" areas are also included. 2. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator ( 1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1= Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations, needs improvement = MARGINAL 3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED 4 = Meeting expectations, very good = MORE THAN SATISFIED 5 = Exceeding expectations, excellent = VERY SATISFIED Page 1 of 14 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIBILITY: I. Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and Leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? + + + + r 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? Is the Executive Director able to control the operational activities of the CRA through others? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 46 0 ocr 1 ✓e /91k/0 ,1%' S7 f/ 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + + + + 1.0 2.0 3.0 4.0 ( 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 2 of 14 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he/she effectively develop Department Heads and staff people? + + t -I- 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets needs Expectations Expectations Expectations COMMENTS: 1 i»0)61ir t>MDEit '7V. v Z 6 -, j /e( /9A II. FiscalBusiness Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Ls the annual budget presented in a timely manner and does it reflect a well - planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + +_ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: _ 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? + + + + + 1.0 2.0 3.0 4.0 5 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? + + + -} 1.0 2.0 3.0 ( Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: _ �__ Page 3 of 14 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? 1.0 2.0 3.0 4.0 5. Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: III. Program Development and Follow - Through 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 4 of 14 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? + + + Y- I 1.0 2.0 3.0 4.0 (1.0) Unsatisfactory Below Satisfactory Meets Exceeds ,..Expectations Expectations Expectations COMMENTS: Q - ,Wr - - `' `Pi, 441, "dn' a• 24,- /fix IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? + + + + + 1.0 2.0 3.0 4.0 a Unsatisfactory Below Satisfactory Meets •T= • s Expectations Expectations Expectations COMMENTS: 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Bets Exceeds Expectatins , Expectations COMMENTS: 7/65 /s v4 / c4"-/ g E> Aid ! cAfs7.00 • 7 0 S)/ (tea t2v r .. /l7,0nr7 C,C J O.,t fr, rm... Page 5 of 14 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: C Gr /?0 .9 CO G'C V. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + + + + 1.0 2.0 3.0 4.0 < Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations E/3,,e41--e pectations COMMENTS: gG�i�j/� %�lK!s�') cis 1 04/..J / Ay 4 ,/ 5 / T vs- VI. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exc s Expectations Expectations Expectations COMMENTS: 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development ofthe CRA while maintaining concerns for "quality of life" issues? 1.0 2.0 3.0 4.0 0 Unsatisfactory Below Satisfactory Meets s Expectations Expectations Expectations COMMENTS: Page 6 of 14 20. Multi-Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? + + + -1- + 1.0 2.0 3.0 4Aj 5.0 Unsatisfactory Below Satisfactory eets Exceeds „Pripectations Expectations Expectations COMMENTS: i? / 4 yip ///o Q./.. sf /o.., VII. Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + + + + + 1.0 2.0 3.0 4.0 CO Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? + + + + ......... 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Ex.... Expectations Expectations Expectations COMMENTS: VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Executive Director work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperative efforts among various local agencies and the CRA? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COM ► EN7S: ____ Page 7 of 14 IX. Professional/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and qualified opinions? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? LO 2.0 3.0 4.0 (5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory 0 eets Exceeds Expectations Expectations Expectations COMMENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 2.0 3.0 4.0 5.0' Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 8 of 14 X. Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + • t 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Ex Expectations Expectations Expectations COMMENTS: 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds �Ex ectations Expectations Expectations COMMENTS: �i To a' '' 5 pi fl 1 f o t Cc p v4 / d ti Co 07- 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self-starter? Does the Executive Director have good mental and physical stamina? + + + + 1.0 2.0 3.0 4.0 (1 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? + + + + 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets Ex s Expectations Expectations Expectations COMMENTS: Page 9 of 14 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Ls the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? + + + + 1.0 2.0 3.0 4.0 (t) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 32. Self - Assurance: Is the Executive Director self-assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? + + + + 1.0 2.0 3.0 4.0 L Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: Page 10 of 14 FY 2011/2012 OUTCOMES Performance Goal #1 Create and Implement Special Events to Attract Visitors to the Downtown Outcomes Attendance increased for all events, particularly those at the new amphitheatre. Brought more people to the downtown area. Increased awareness of Boynton Beach. Performance Goal #2 Completion of Ocean Avenue Capital Improvement Projects; Marina Entry at Ocean Avenue, Amphitheatre, and Jones Cottage. Outcomes All projects were completed within budget. Performance Goal #3 Ocean Breeze West Redevelopment Outcomes 1 Two homes completed. Four more in the pipeline. All 21 lots have qualified buyers. Performance Goal #4 Marina Entry Feature at Boynton Beach Blvd. and Federal Hwy. Outcomes Design completed. Building permit issued. RFP approved by CRA Board. Performance Goal #5 Recrultment of Tenant and Execution of Lease for Ruth Jones Cottage i ( Outcomes The Little House Restaurant opening for business July 2012 adding a new retail business to Ocean Avenue. Performance Goal #6 Install Banners throughout Downtown Outcomes 143 banners installed with designs that reinforce the City's branding campaign. Performance Goal #7 Provided Assistance to Local Merchants through the Merchant Marketing Program Outcomes Shop Local Advertising Program in Boynton Forum— 18 merchants participated. Placed Breeze into Boynton Ads in TGIF, Neighborhood Post, Coastal Star, Comcast, Palm Tram and PBPulse.corn. Conducted two seminars on marketing. Page 11 of 14 Performance Goal #8 Implement Study of Boynton Beach Blvd. for Possible Design Change Outcomes Analysis completed and submitted to FDOT. FDOT has no issue with the City /CRA's request for design change. Performance Goal #9 _ f Maintain Agency's Fiscal Integrity Outcomes The Agency is on track with the FY 11/12 budget. The FY 10/11 Audit was performed on time and came in with no findings. Performance Goal #10 Increase Cooperation Between CRA, City and Chamber Outcomes By working more closely together, more has been accomplished with Tess resources being expended. The image of Boynton Beach is improving and interest in investing is growing. Performance Goal #11 Install Sea Life Illumination Art Along Ocean Avenue Outcomes Electrical specifications completed. Call to Artists completed and approved by the Arts Commission. CaII to Artists issued. Performance Goal #12 Provide Incentives to the Private Sector to Invest in the CRA and Create Jobs Outcomes $335,000 grant funding provided to businesses. 30+ jobs created. ($11,167 per job in public funds.) Page 12 of 14 Professional Development Plan Identify key goals along with a specific job assignment, project, or action to meet the goal. Develo ment Goal _ Planned Action(s) Continue to attract new businesses and assist in the Provide economic tools, expansion of existing businesses in the CRA district marketing and promotions that create a favorable economic environment. Work with the City to remove barriers that inhibit businesses from opening. Development Goal Planned Action(s) Continue to reinforce the interconnectivity of activity nodes Add art, lighting, street in the downtown area to create a unified theme and sense furniture, parking, of place. landscaping and new businesses throughout downtown area. Development Goal Planned Actions) Provide support to area businesses to ensure success and Add parking in downtown survival. area. Provide financial support for merchant events. Create merchant web page. Page 13 of 14 c OVERALL PERFORMANCE IMPRESSION: 1.0 2.0 3.0 4.0 C5: Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? Sivix G J C i e/ 1 ,Limaews t ck3 jt / v/ r- J " d4 Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for praise /commendation c4 o . Se ,<Yy� ?s L, :2% t9 1: /ga/to at, , NC 177', C,/g SIGNATURE PAGE 7� //2 nature of Rater Date Page 14 of 14 BOYNTON BEACH Community Redevelopment Agency Executive Director's PERFORMANCE Evaluation t- i t e. d 1- A e / 1 - a , GR FOR Vivian L. Brooks A �' € �� a �``� NAME OF EVALUATOR: u(/1 Thteiy\ ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is requested to complete the evaluation form based on his/her assessment of the Executive Director in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and comment "fill -in" areas are also included. 2. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator ( 1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1= Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations, needs improvement = MARGINAL 3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED 4 = Meeting expectations, very good = MORE THAN SATISFIED 5 = Exceeding expectations, excellent = VERY SATISFIED Page 1 of 14 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIBILITY: I. Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? + + t — ± 1.0 2.0 3.0 ( 4.0 5.0 Unsatisfactory Below Satisfactory `'Meet Exceeds Expectations Expectations Expectations CO Lv>J�� , i C Jb�� Oc . t ( \I. (1(1 y ¥c )- f I(U e D r y . C(1 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? Is the Executive Director able to control the operational activities of the CRA through others? + + +^ + + 1.0 2.0 (3 0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: ; ( J J � t ( ter, ( 1- a SP( P O1 ( .� 1 " -o4 spiki cl 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory eets Exceeds /�, Expectations Expectations Expectations CO NTS: " ��l �, 47_, 1061 & /(°, t plc r e04 C 0v( Page 2 of 14 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he/she effectively develop Department Heads and staff people? + + + + + 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expato CO 1, . (,.I t r( -. 1 Hi .1 0 6 • 4 � . ((,/ US( II. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well - planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + + 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory e Exceeds Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? + + + + + 1.0 2.0 C9 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectatio $ Expectatio Expectatio C 0M S: (t/ o f � C''� SC C ✓1 ci l J t GEC 64° i 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well- designed, informative and understandable format? + + + — + 1.0 2.0 3.0 .0 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 14 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? + + t t + 1.0 2.0 r 3.0 � '` 4.0 5.0 � "' Unsatisfactory Below �tacto Meets Exceeds Expectations Ex ns / Expectations CO : 3('! C t f S 7 it .P7 /( __ el/ eCtat p (1/ ( e � n h 1/4''''1 I sd- frA C' (S 4 1 4( _ 1 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + + + < -i- t _. 1.0 2.0 0 4.0 5.0 Unsatisfactory Below S Meets Exceeds E tations Expec ons Expectations c COMMENTS: ) a ( P .-(r i v c S C'� 7) tie s 11. Program Development and Follow - Through 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? + + + + + 1.0 2.0 3.0 4.0 , f 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + 1.0 2.0 ;" 3.0 �• • 5.0 Unsatisfactory Below f S factory r Exceeds Expectations ' , ectations Expectations COMMENTS: Page 4 of 14 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? + + + + + 1.0 2.0 ati .0 4.0 5.0 Unsatisfactory Below ory Meets Exceeds xtations r-, f E : Lions Expectations COMMENTS: 1, ' � /\ ■' e i rr� ( , < -- /, ' '`I 'e. •,S f (c (, . IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? + + + + 1.0 2.0 3.0 74.0y 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations r COMMENTS: k h 0 t(-{i- U g (/t . 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? + + + +--- + 1.0 2.0 3.0 /4 5.0 Unsatisfactory Below Satisfactory �- -Meets Exceeds Expectations Expectations Expectations COMMENTS: 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below atisff tory Meets Exceeds E ectations , Expec lion Expectations C ENTS: ga 'L �Z 7 '�- C // /►j1 C u , re.:. a' - f -e7s . "7" --G cc - /Lt_ Page 5 of 14 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? + + +-■ + + 1.0 2.0 ' 3.0 4.0 5.0 Unsatisfactory Below 4 a ' ' ctory Meets Exceeds Ex s . � a E Expectations COMMENTS: ; �)N lf_i (A) T i 1 Y i 4 ren c'- "( (7 V. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + + + _ + + 1.0 2.0 40)� 4.0 5.0 Unsatisfactory Below Skti';factory Meets Exceeds Ex tions ( Ex ons )expectations C _44; ■ k le-Pe/is/tit '1� ,,_s VI. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + + +f + + 1.0 2.0 0 4.0 5.0 Unsatisfactory Below s actory Meets Exceeds ) r524 ectations n If E s Expectations COMME 1 ' 1 t-&C /i S c", /4 1 C G, 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? + + +, + + 1.0 2.0 ( 3 . ) 4.0 5.0 Unsatisfactory Below S a1factory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 6 of 14 20. Multi-Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? + + + +/,--- + 1.0 2.0 3.0 / .0 / 5.0 Unsatisfactory Below Satisfactory M Exceeds Expectations xpectations Expectations COMMENTS: VII. Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + + + + + 1.0 2.0 3.0 74 0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below S ' factory Meets Exceeds Expectations Expectations Expectations COMMENTS: VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Executive Director work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperative efforts among various local agencies and the CRA? + + + + 1.0 2.0 3.0 / 4. 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations COMMENTS: Page 7 of 14 IX. Professional/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and qualified opinions? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? + 1 + + -I- 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Blow Satisfactory Meets Exceeds Expectations Expectations E . , : tions COMMENTS: w lr(Q\ous 0 �. ► ic-i, ,b„, t�si eic (NgS. 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? + + + + i- 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the posi ' n? + + i + -1- 1.0 2.0 � 4.0 5.0 a 3. Unsatisfactory Below factory Meets Exceeds Expectations Expectations Expectations COMMENTS: ,/ Iti ` Ay-fore' 'S U rj (/l Zr-, . Page 8 of 14 X. Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + +� + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory M Exceeds Expectations xpectations Expectations COMMENTS: 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? + + ± + + 1.0 2.0 Z 4.0 5.0 Unsatisfactory Below ctory Meets Exceeds Expectations Expectations xpectations COMMENTS: 5 1 C M M '4 4 5 h ' /v cie 4, ve- -f- P6r 'i / -r . 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self-starter? Does the Executive Director have good mental and physical stamina? + + + + + 1.0 2.0 3.0 4.0 / Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? + + + + + 1.0 w 2.0 /3.0 4.0 5.0 Unsatisfactory Below (atisfa ory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 9 of 14 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? 1.0 lc 3.0 4.0 5.0 Unsatisfactory w Satisfactory Meets Exceeds Expectarns Expectations Expectations COMMENTS: � / - CO , 32. Self - Assurance: Is the Executive Director self-assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue su ervision from the Board? + + + + 1.0 2.0 3.0 ,/ 4 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 10 of 14 FY 2011/2012 OUTCOMES Performance Goal #1 1 Create and Implement Special Events to Attract Visitors to the Downtown Outcomes Attendance increased for all events, particularly those at the new amphitheatre. Brought more people to the downtown area. Increased awareness of Boynton Beach. Performance Goal #2 Completion of Ocean Avenue Capital Improvement Projects; Marina Entry at Ocean Avenue, Amphitheatre, and Jones Cottage. Outcomes All projects were completed within budget. Performance Goal #3 Ocean Breeze West Redevelopment Outcomes Two homes completed. Four more in the pipeline. All 21 lots have qualified buyers. Performance Goal #4 Marina Entry Feature at Boynton Beach Blvd. and Federal Hwy. Outcomes Design completed. Building permit issued. RFP approved by CRA Board. Performance Goal #5 Recruitment of Tenant and Execution of Lease for Ruth Jones Cottage _ Outcomes The Little House Restaurant opening for business July 2012 adding a new retail business to Ocean Avenue. Performance Goal #6 Install Banners throughout Downtown Outcomes 143 banners installed with designs that reinforce the City's branding campaign. Performance Goal #7 1 Provided Assistance to Local Merchants through the Merchant Marketing Program Outcomes Shop Local Advertising Program in Boynton Forum— 18 merchants participated. Placed Breeze into Boynton Ads in TGIF, Neighborhood Post, Coastal Star, Comcast, Palm Tram and PBPulse.com. Conducted two seminars on marketing. Page 11 of 14 Performance Goal #8 Implement Study of Boynton Beach Blvd. for Possible Design Change Outcomes Analysis completed and submitted to FDOT. FDOT has no issue with the City /CRA's request for design change. Performance Goal IN Maintain Agency's Fiscal Integrity Outcomes The Agency is on track with the FY 11/12 budget. The FY 10/11 Audit was performed on time and came in with no findings. Performance Goal #10 _ Increase Cooperation Between CRA, City and Chamber _ N Outcomes By working more closely together, more has been accomplished with Tess resources being ( expended. The image of Boynton Beach is improving and interest in investing is growing. Performance Goal #11 install Sea Life Illumination Art Along Ocean Avenue Outcomes Electrical specifications completed. Call to Artists completed and approved by the Arts Commission. Call to Artists issued. Performance Goal #12 Provide Incentives to the Private Sector to Invest In the CRA and Create Jobs Outcomes $335,000 grant funding provided to businesses. 30+ jobs created. ($11,167 per job in public funds. Page 12 of 14 Professional Development Plan Identify key goals along with a specific job assignment, project, or action to meet the goal. Development Goal Planned Action(s) Continue to attract new businesses and assist in the Provide economic tools, expansion of existing businesses in the CRA district marketing and promotions that create a favorable economic environment. Work with the City to remove barriers that inhibit businesses from opening. Development Goal Planned Action(s) Continue to reinforce the interconnectivity of activity nodes Add art, lighting, street in the downtown area to create a unified theme and sense furniture, parking, of place. landscaping and new businesses throughout downtown area. Development Goal Planned Action(s) Provide support to area businesses to ensure success and Add parking in downtown survival. area. Provide financial support for merchant events. Create merchant web page. Page 13 of 14 OVERALL PERFORMANCE IMPRESSION: + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for praise/commendation SIGNATURE PAGE Signature of Rater Date Page 14 of 14 BOYNTON BEACH Community Redevelopment Agency Executive Director's PERFORMANCE Evaluation FOR Vivian L. Brooks DATE CY> NAME OF EVALUATOR: /' /i- /t.9C ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is requested to complete the evaluation form based on his/her assessment of the Executive Director in ten major areas ofresponsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and comment "fill -in" areas are also included. 2. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator ( 1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1= Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations, needs improvement = MARGINAL 3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED 4 = Meeting expectations, very good = MORE THAN SATISFIED 5 = Exceeding expectations, excellent = VERY SATISFIED Page 1 of 14 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIBILITY: I. Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? 1.0 2.0 3.0 4.0 } 5.0 Unsatisfactory Below Satisfactory 1e Exceeds Expectations Expectations Expectations COMMENTS: 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? Is the Executive Director able to control the operational activities of the CRA through others? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets T .s Expectations Expectations Expectations COMMENTS: 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets ' hx`ceeds Expectations Expectations Expectations COMMENTS: Page 2 of 14 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he/she effectively develop Department Heads and staff people? 1.0 2.0 3.0 4.0 - Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS II. Fiscal/Business Management S. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well - planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + 1.0 2.0 3.0 4.0 p 5.0 Unsatisfactory Below Satisfactory s Exceeds Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? l.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets ERs Expectations Expectations Expectations COMMENTS: 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? + + + I.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 14 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets x t; seeds Expectations Expectations Expectations COMMENTS: M. Program Development and Follow - Through 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? 1.0 2.0 3.0 4.0 ( 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 1 1. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 1.0 2.0 3.0 4.0 0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: Page 4 of 14 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory acts Exceeds Expectations Expectations Expectations COMMENTS: IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? + + + + + 1.0 2.0 3.0 - 4.0 `` 5.0 Unsatisfactory Below Satisfactory - ~-r N�s Exceeds Expectations Expectations Expectations COMMENTS: 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? + + + + 1.0 2.0 3.0 4.0 S f Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + + + 1.0 2.0 3.0 �-- 4.0 5.0 Unsatisfactory Below Satisfactory 1lfs Exceeds Expectations Expectations Expectations COMMENTS: Page 5 of 14 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets x Expectations Expectations Expectations COAflIfENTS: V. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Ls the Executive Director attuned to the Commissions' attitudes, feelings and needs? 1.0 2.0 3.0 // 4.0 5.0 Unsatisfactory Below Satisfactory Exceeds Expectations Expectations Expectations COMMENTS: VL Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? 1.0 2.0 3.0 4.0 � 5.0� - Unsatisfactory Below Satisfactory Meets xceeds Expectations Expectations Expectations COMMENTS: 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets exceeds Expectations Expectations Expectations COMMENTS: Page 6 of 14 20. Multi -Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? 1.0 2.0 3.0 4A + + + + + � 5.0 Unsatisfactory Below Satisfactory --Meets Exceeds Expectations Expectations Expectations COMMENTS: VII. Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory T Meets Exceeds Expectations Expectations Expectations COMMENTS: 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? 1.0 2.0 3.0 4.. 5.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Executive Director work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperative efforts among t arious local agencies and the CRA? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory . - Exceeds Expectations Expectations Expectations COMMENTS: Page 7 of 14 IX. Professional/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and qualified opinions? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory vets Exceeds Expectations Expectations Expectations COMMENTS: 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: Page 8 of 14 X. Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + ± + 1.0 2.0 3.0 4.0 ' 5.0 •. Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? + + + + _... +._ 1.0 2.0 3.0 4.0 C,. _--,--_5.0 Unsatisfactory Below Satisfactory Meets Ex Expectations Expectations Expectations COMMENTS: 29. Drive: Ls the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self-starter? Does the Executive Director have good mental and physical stamina? + + + + _.._ 1.0 2.0 3.0 4.0 ', 5.0 -` Unsatisfactory Below Satisfactory Meets E,xr c —°' Expectations Expectations Expectations COMMENTS: 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? + + + --+ --___ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Exceeds Expectations Expectations Expectations COMMENTS: Page 9 of 14 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS: 32. Self - Assurance: Is the Executive Director self-assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as maybe required without undue supervision from the Board? + + + + \ + 1.0 2.0 3.0 / 4.0 5.0 Unsatisfactory Below Satisfactory Exceeds Expectations Expectations Expectations COMMENTS: Page 10 of 14 FY 2011/2012 OUTCOMES Performance Goal #1 Create and Implement Special Events to Attract Visitors to the Downtown Outcomes Attendance increased for all events, particularly those at the new amphitheatre. Brought more people to the downtown area. Increased awareness of Boynton Beach. Performance Goal #2 Completion of Ocean Avenue Capital Improvement Protects; Marina Entry at Ocean Avenue, Amphitheatre, and Jones Cottage. Outcomes All projects were completed within budget. Performance Goal #3 j Ocean Breeze West Redevelopment Outcomes Two homes completed. Four more in the pipeline. All 21 lots have qualified buyers. Performance Goal #4 Marina Entry Feature at Boynton Beach Blvd. and Federal Hwy. Outcomes Design completed. Building permit issued. RFP approved by CRA Board. Performance Goal #5 Recruitment of Tenant and Execution of Lease for Ruth Jones Cottage Outcomes The Little House Restaurant opening for business July 2012 adding a new retail business to Ocean Avenue. Performance Goal #6 Install Banners throughout Downtown J Outcomes 143 banners installed with designs that reinforce the City's branding campaign. Performance Goal #7 Provided Assistance to Local Merchants through the Merchant Marketing Program Outcomes Shop Local Advertising Program in Boynton Forum— 18 merchants participated. Placed Breeze into Boynton Ads in TGIF, Neighborhood Post, Coastal Star, Comcast, Palm Tram and PBPulse.com. Conducted two seminars on marketing. Page 11 of 14 Performance Goal #8 ( Implement Study of Boynton Beach Blvd. for Possible Design Change Outcomes Analysis completed and submitted to FDOT. FDOT has no issue with the City /CRA's request for design change. Performance Goal #9 I Maintain Agency's Fiscal Integrity Outcomes The Agency is on track with the FY 11/12 budget. The FY 10/11 Audit was performed on time and came in with no findings. Performance Goal #10 Increase Cooperation Between CRA, City and Chamber Outcomes By working more closely together, more has been accomplished with Tess resources being expended. The image of Boynton Beach is improving and interest in investing is growing. Performance Goal #11 Install Sea Life Illumination Art Along Ocean Avenue Outcomes Electrical specifications completed. Call to Artists completed and approved by the Arts Commission. CaII to Artists issued. Performance Goal #12 Provide Incentives to the Private Sector to Invest In the CRA and Create Jobs Outcomes $335,000 grant funding provided to businesses. 30+ jobs created. ($11,167 per job in public funds.) — Page 12 of 14 Professional Development Plan Identify key goals along with a specific job assignment, project, or action to meet the goal. Development Goal Planned Action(s) Continue to attract new businesses and assist in the Provide economic tools, expansion of existing businesses in the CRA district marketing and promotions that create a favorable economic environment. Work with the City to remove barriers that inhibit businesses from opening. Development Goal Planned Actlon(s) Continue to reinforce the interconnectivity of activity nodes Add art, lighting, street in the downtown area to create a unified theme and sense furniture, parking, of place. landscaping and new businesses throughout downtown area. Development Goal Planned Action(s) Provide support to area businesses to ensure success and Add parking in downtown survival. area. Provide financial support for merchant events. Create merchant web page. Page 13 of 14 c OVERALL PERFORMANCE IMPRESSION: 1.0 2.0 3.0 4.0 5 I -- Unsatisfactory Below Satisfactory Meets Ex Expectations Expectations Expectations COMMENTS: Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? )e Improvements suggested: Based upon your evaluation, what areas would you suggest the aaager work on to improve his skills and to be more effective in in 4 specific areas or situations? Commendations: Area(s) of performance calling for praise/commendation sic-NATUI PAGE Signs '®• _� Date Page 14 of 14 BOYNTON BEACH Community Redevelopment Agency Executive Director's PERFORMANCE Evaluation FOR Vivian L. Brooks DATL' 6 T - '/ Z NAME OF EVALUATOR: cl4 I el,c) E 7 a—S ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is requested to complete the evaluation form based on his/her assessment of the Executive Director in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and comment "fill -in" areas are also included. 2. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator ( 1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1= Unsatisfactory, poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations, needs improvement = MARGINAL 3 = Satisfactory, okay, meeting an acceptable performance level = SATISFIED 4 = Meeting expectations, very good = MORE THAN SATISFIED 5 = Exceeding expectations, excellent = VERY SATISFIED Page 1 of 14 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIBILITY: I.Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff'? Does the Executive Director get enthusiastic response to ' '- ':, ._ -i ideas and n,eded-organiz tional changes? 1.0 2.0 / 4.0 5.0 Unsatisfactory Below a tis ;; r : : 44 / Meets Exceeds Expectations x M pectati� Expectations COMMENTS: 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? Is the Executive Director able to control the operational activities of the CRA through others? 1.0 2.0 3.0 i 4 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations E xpecta io Expectations COMMENTS: 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? 1.0 2.0 3.0 7 1.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 2 of 14 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he/she effectively I . • Department Heads and staff people? + + + _^ + 1.0 2.0 3.0 r r.0 5.0 Unsatisfactory Below Satisfactory M � Exceeds Expectations E •t " . ons Expectations COMMENTS: AW O rr- //Mb- II. Fiscal/Business Management ` 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well - planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations ' COMMENTS: 6. Agendas: Does the • - Director -- are c omprehensive, relevant and complete .pr agenda topics reports for the CRA Board + + + + + 1.0 7 2.0 t),5" 3.0 � 4.0 5.0 Unsatisfactory Below ` Satisfa •ry Meets Exceeds xpectatio 4' A , Expec lion :X s - : do COMME _ / '_r /711 -' , i.'GC� G z ice/ l i SiA `�.I�` o'% _ �ile �/ .- - — 7. Financial Reporting: Does the Executive Director provide perio . c financial reports in a well - designed, informative and understandable format? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 14 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? + + + 6 /0 + 1.0 2.0 3.0 C% 4.0 5.0 Unsatisfactory Below Meets Exceeds Expectations Expectatio Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? /-- + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectati ons COMMENTS: III. Program Development and Follow- Through 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? + + + + + 1.0 2.0 3.0 4.0 / 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectatio Expectations COMMENTS: 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropte recommendations? C---- + + + 1.0 2.0 3.0 4.0 ` � Unsatisfactory Below Satisfactory Meets Expectations Expectations COMMENTS: Page 4 of 14 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory M eets Ex ceeds Expectations Expectation Expectations COMMENTS: IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? ,,r + + + / + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory ! Meets Exceeds Expectations ., Expectations Expectations COMMENTS: 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? + + + + + 1.0 2.0 3.0 4.0 j 5.0 \ \ Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations ectations COMMENTS: 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + + - y + 1.0 2.0 3.0 / 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 5 of 14 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? ,- + + + + \ + 1.0 2.0 3.0 4.0 I 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: V. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + + + + ,- + 1.0 2.0 3.0 4.0 / + 5.0 Unsatisfactory Below Satisfactory Meets c Exceeds p pec '' per l peetati� xpc�anons / ,1 ___t 1 / �f 7 / �' 2� �- 7 , .A...44.. - I 1-40/-_41.414 E, _ .../ .��ti�� _ � VI. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + + + + / + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectation COMMENTS: 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? 7. + + + / + + 1.0 2.0 3.0 / 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectation Expectations COMMENTS: ,o Page 6 of 14 20. Multi-Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? + + + + —� , + 1.0 2.0 3.0 4.0 ' 5.0 \ Unsatisfactory Below Satisfactory Meets ) Exceeds Expectations Expectation J Expectations COMMENTS: VII. Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds 1 Expectations j / . Ex.: tations Expectations COMMENTS: # Y 1 ' 41...> ' % ' - 49- 1f, f /1 , 12. Common I t Reputa Wh at is the general attitude of the common' to the Ex - Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liabili to the CRA? + + + �, + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expec .tions , _ r �' Ex� ectation i xp tions COMMENTS: s.:.�' fr , S> % i. �� /�� �%j�li 4V "I' - ./L. / V 1 . ntergove r entar a ns ., is Jae '»am -1i G � ,r L�,,,--:. . 23. Intergovernmental Relations: Does the Executive Director work effectively with federal, state, and other Local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperative efforts among various local agencies and the CI ? ~ , '-- _ + + + + / -- C 1.0 2.0 3.0 4.0 � �:0 f� Unsatisfactory Below Satisfactory Meets Exc Expectations + Expectatio Expectati / 72--- COMMENTS: 11 Page 7 of 14 IX. Professional/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and qualified opinions? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? + + + + 1.0 2.0 3.0 / + 4.0 5.0 Unsatisfactory Below Satisfactory I Meets Exceeds Expectations Expecta�tisris Expectations COMMENTS: !� 1 �`'4 i ■► ' ./A., ' ' 4evf_1( 25. Pr ess , ' eputation: s ow does he • ' xecutiv 1 ' or sta d amon >v 4 er co i _ o Is the Executive Director respected by professional and staff rein Csentatives of other ci i - ' and counties? Does the Executive Director attend and partic jte in seminars and conferences for professional development? + + + + + 1.0 2.0 3.0 4.0 , 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations / �� Expectations CO I 1 1VTS: '' �'� ; , i , 1,- i ✓�' 1:� ^ �/ . - !. A te_ /_ e.:' , -de 1-� 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and ad_equuat deal with the stress inherent to the position? / + + + + / + \\ 1.0 2.0 3.0 4.0 1 5.0 Unsatisfactory Below Satisfactory Meets ( Exceeds iff ectattions Expectation Expectations CO i NTS: � / _ /ter t A � ` ° / � 1./ /'/ ��/L `r te AM011 QCs[ /� / _ /��y��� r 641 i s �' lay:,. J - Page 8 of 14 X. Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations / Expectations COMMENTS: 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? - -- . + + + 4 + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self- starter? Does the Executive Director have good mental and physical stamina? i , -,f- + + + r + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds xpecta ons Ex. ctatio s Expectatio s CO 1 NTS: ,t/ / /,• - / '- � � -iii .-f...• . , I:- ' 30. Judgment Decisiveness: Is the Executive Director able to reach quality decisions in a timely fas n? Are his/her decisions generally good? Does the Executive Director exercise i good judgment in making decisions and in his/her generalconduct?- + + + 7+ + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations i ♦ Expectations 1 Expectations COMMENTS: 2 ' i . I ; , -,- c.. . - , .11 ca.. S Page 9 of 14 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for enty a d integrity? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets 1 Exceeds , ens Expectatio - • _ : a ens / , CO 1 NTS: _ /.._ �/ . , ' _ .�'�'::_. _ /�� r# ii . Self - Assurance: Is the Executive Director self-assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from th ? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations \, Expectations COMMENTS: d Page 10 of 14 FY 2011/2012 OUTCOMES _Performance Goal #1 Create and Implement Special Events to Attract Visitors to the Downtown Outcomes Attendance increased for all events, particularly those at the new amphitheatre. Brought more people to the downtown area. Increased awareness of Boynton Beach, Performance Goal #2 Completion of Ocean Avenue Capital Improvement Projects; Marina Entry at Ocean Avenue, Amphitheatre, and Jones Cottage. Outcomes All projects were completed within budget. Performance Goal #3 Ocean Breeze West Redevelopment Outcomes Two homes completed. Four more in the pipeline. All 21 Tots have qualified buyers. 1 Performance Goal #4 Marina Entry Feature at Boynton Beach Blvd. and Federal Hwy. Outcomes Design completed. Building permit issued. RFP approved by CRA Board. Performance Goal #5 Recruitment of Tenant and Execution of Lease for Ruth Jones Cottage Outcomes The Little House Restaurant opening for business July 2012 adding a new retail business to Ocean Avenue. Performance Goal #6 Install Banners throughout Downtown Outcomes 143 banners installed with designs that reinforce the City's branding campaign. Performance Goal #7 ( Provided Assistance to Local Merchants through the Merchant Marketing Program Outcomes Shop Local Advertising Program in Boynton Forum— 18 merchants participated. Placed Breeze into Boynton Ads in TGIF, Neighborhood Post, Coastal Star, Comcast, Palm Tram and PBPulse.com. Conducted two seminars on marketing. Page 11 of 14 Performance Goal #8 Implement Study of Boynton Beach Blvd. for Possible Design Change Outcomes Analysis completed and submitted to FDOT. FDOT has no issue with the City /CRA's request for design change. Performance Goal #9 Maintain Agency's Fiscal Integrity Outcomes The Agency is on track with the FY 11/12 budget. The FY 10/11 Audit was performed on time and came in with no findings. Performance Goal #10 Increase Cooperation Between CRA, City and Chamber Outcomes By working more closely together, more has been accomplished with Tess resources being expended. The image of Boynton Beach is improving and interest in investing is growing. Performance Goal #11 install Sea Life Illumination Art Along Ocean Avenue Outcomes Electrical specifications completed. Call to Artists completed and approved by the Arts Commission. Call to Artists issued. Performance Goal #12 Provide Incentives to the Private Sector to Invest In the CRA and Create Jobs Outcomes $335,000 grant funding provided to businesses. 30+ jobs created. ($11,167 per job in public funds.) Page 12 of 14 Professional Development Plan Identify key goals along with a specific job assignment, project, or action to meet the goal. Development Goal Planned Action(s) Continue to attract new businesses and assist in the Provide economic tools, expansion of existing businesses in the CRA district marketing and promotions that create a favorable economic environment. Work with the City to remove barriers that inhibit businesses from opening. Development Goal Planned Action(s) Continue to reinforce the interconnectivity of activity nodes Add art, lighting, street in the downtown area to create a unified theme and sense furniture, parking, of place. landscaping and new businesses throughout downtown area. Development Goal Planned Action(s) Provide support to area businesses to ensure success and Add parking in downtown survival. area. Provide financial support for merchant events. Create merchant web page. Page 13 of 14 OVERALL PERFORMANCE IMPRESS • : + + i / t + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations / Expectations ' xpectations COMMENTS': �� / i Strengths: Based upon your overall evaluation of the Executive Director, what areas j ,� would you list as h - 4 's strong points as a mane ,�,„ i /✓ car - - -- t : et�a� ///if t om' 1 ' V mot / r'` 'Xr -a-1' ! r ' /7/ - ' / or , � ,) �+ Sri Am Improvements suggest . Bas u on yo - v. 4.. • • on, w at areas would y su . st / � � . ' ___)‘?, -/(->(-- /,,,r, e L, P% ?". work on to improve his skills and to be more effectiv ' ____A-,---„,a_7,,,_,--, specific areas or situations? � { _....;„,..„,__., d.-.,---./-- ,e.,4.: Co mendations: Area s) of performance cal ing or pr - - ,commendation,/ �' / /, / C 4 / / it.,0- . coervi if. , , --- - ., 4,, . - v ez . / - ."2 ,.(1-e ,' ,c / ; ,,i , -- , . / 71 'e4 Lit / / r 94. : 46 1 4/2 ' - ' L // i / ‘ Z...,,, -- i : " a of Rater Date Page 14 of 14 c 0 r a) N a E N O y 5 U ca _0 (9 N > a - 0 'v Z c o Q cn w a c >.. >; a) N c0 N _ > - � ° > (D c a) N u) N ~,N i a) c- a a O Q ° o Q Q o o m r' 0 N a> -C - N _° J, "° co Z F— J coo ~ -0 Z a Z5 - 0 0 CD E 0.- 0 0 � a - O a) ....j a O- « a�c °� L.0 v E °I Q �F— E o CL a a -c a) Z EN ~ QQ a . u_ — - 0 E a °' ) ° o J ap p ti Z ,-- O Z Q - (I) p O 1— ° a) c - c 5 a Q 03 , 0 E— 0,W d N Q W F- 0 E ma) N _ N (np 2 J ci > 2 cn 2 > (I) � 0 ° ° wo�o � 2 Z Nw Q �rywZw C.0 1 3 a c ) a) a) o NON c >, Z d Cr N F— _ _ w w Q� 3 CZ �U ,-� °2 -)Q�SQQ -00 ° �o a) O N a) all c6 o 0 Q. 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(-7) 0 g= E o e E e m e b& g > § f E E E [\. / 0 o § 0 E / 0 E 0 \ § 17) CO Heart of Boynton Redevelopment Strategies 2001-2012 City and CRA Funds Spent and/or Approved _ Activity to Date Status Purchase of Boynton Purchased land. 32 S/F Homes planned for West 1 Terrace $ 7,500,000 Side NE 4th/5th Avenue 2 Assemblage , $ 2,482,604 Closed on a total of 2.69 acres Down Payment 3 Assistance (CRA) $ 431,000 Assisted 10 families since 2006 Down Payment 4 Assistance (City) $ 1,345,777 Assisted 36 families since 2001 Residential Improvement 5 Program (RIP) $ 324,252 21 Rehabs completed Cherry Hill 6 Redevelopment $ 170,000 Closed on 402 NW 12th Avenue and demolished Partnered with non -profits to conduct numerous Community Improvement trash pick -ups, purchase of trash cans and 7 Grant $ 25,000 support of neighborhood clean -up efforts Total of 14 lots developed into affordable single - 8 Housing Infill $ 976,310 family homes MLK Condor Property 9 Assemblage $ 4,033,116 assembled 3.8 acres Galaxy Elementary 10 Painting $ 92,000 completed 11 CRA Policing $ 458,100 HOB is 29% of CRA. Total spent = $1,579,531 12 Trolley $ 141,667 12% of ridership originates in HOB Carolyn Sims Park 13 Community Center $ 8,840,000 Completed 2/08 Seacrest/MLK 14 Streetscape Plans $ 187,215 Completed Seacrest/MLK 15 Streetscape $ 1,300,000 Completed 6/2011 Ocean Breeze West Site 16 Development $ 533,000 Site work for 21 home subdivision 17 Small Business Classes $ 59,000 Completed 5 Sessions 18 St. Johns Family Picnic $ 8,000 Community Project 19 Heritage Festival $ 105,378 4 Events 20 Community Projects $ 27,648 Public Art & Youth Programs TOTAL $ 29,040,067 C:1Documents and Settinoslutterbackt\Local Settinas\Temporary Internet Files\OLKDIIHOB investment 2001 - YTD