Loading...
Agenda 11-12-13 BOYN 1 RA CRA Board Meeting Tuesday, November 12, 2013 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA . Call to Order 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: None Lill. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, October 8, 2013 B. Approval of Period Ended October 31, 2013 Financial Report C. Monthly Purchase Orders IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Consideration of Issuing an Invitation to Bid for the construction of the CRA owned Public Parking Lot Project located at 208 NE Ist Street B. Consideration of Agreement for Legal Services between the CRA and Lewis, Longman & Walker, P.A. C. Status and Direction of the One Boynton/Kanner & Pintaluga Project XIV. New Business: A. Consideration of Request by Boos Development Group for Acquisition of CRA Property at Martin Luther King, Jr. Ave. and Seacrest Blvd. B. Review and Evaluation of Delray Beach CRA Auditor General's Findings and Recommendations C. Consideration of Funding the Driveway Curb -Cut Closure Project Located within the Florida Department of Transportation (FDOT) Right -of -Way at 301 E. Boynton Beach Boulevard XV. Executive Director's Report: A. Special Events Recap — Pirate Fest and Mermaid Splash B. New Businesses in CRA District C. Development Projects Update XVI. Future Agenda Items: XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL , =tNY DECISION MADE- BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HL /SHE Y: ILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HFl3HE MAY NEED TO ENSURE THAT A VERB. -.TIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY .,ND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT THE CRA AT (561) 737 -3256 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. MINUTES OF COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, OCTOBER 8, 2013, AT 6:00 PM, IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FL PRESENT: Jerry Taylor, Chair Vivian Brooks, Executive Director Woodrow Hay, Vice Chair Jim Cherof, Board Attorney Buck Buchanan Joe Casello Mike Fbpatrick Mark Karageor David Merker 1. Call to Order Chair Taylor called the meeting too r at 6:07 p.m. II. Invocation and Pledge to the Flag Vice Chair Hay gave the invocation followed by the Pledge of Allegiance to the Flag, Ill. Roll it Roll call was taken. A quorum was present. IV. Legal: A. Announcement of Closed-Door Session: Attorney Cherof announced the following: 0 CRA Board will hold a closed-door session regarding pending litigation: LISA BRIGHT vs. CITY OF BOYNTOR BEACH AND BOYNT014 BEACH COMMUNITY REDEVELOPMENT AGENCY; Palm Beach Circuit Couri Case 502011CA003507XY.XXMB & Notice of Executive Session was posted by the CRA on September 24, 2013 0 Executive Session will last approximately 45 minutes. 0 Persons in Attendance: MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8,2013 Lyman Reynolds, Litigation Defense Counsel for CRA Vivian Brooks, Executive Director James Cherof, CRA Board General Counsel Mayor and Chair Jerry Taylor Vice Mayor and Vice Chair Woodrow Hay Commissioner and Board Member David Merker Board Member James 'Buck" Buchanan Board Member Mark Karageorge Commissioner and Board Member Michael Fitzpatrick Commissioner and Board Member Joe Casello Recess to Closed-Door Session Chair Taylor recessed the meeting at 6:08 p.m. Reconvene Board Meeting in Public Chair Taylor reconvened the meeting at 6:41 p.m. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Consideration of Short Sale for HAP Recipient Kristen Gallagher was added as New Business, Item B. Consent Agenda Item B was pulled for a slight correction. B. Adoption of Agenda Motion Vice Chair Hay moved to approve the agenda. Mr. Merker seconded the motion that unanimously passed. V1. 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 Vivian Brooks, E"cutive Director, announced her daughter's boyfriend works for Gray Robinson, one of the respondents to the Legal RFP issued, although in a different department. 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Mr. Ka had no disclosures. For Informational Items, he congratulated Firefighter Adam Turey on his upcoming marriage on Saturday. Vice Chair Hay announced he had a great vacation and would become a grandfather again. Chair Taylor announced he met with David Camalier and Howard Kanner in an effort to locate the law firm on the former Bank of America property. The Rem was still under discussion and he would keep the Board apprised. Messers Fitzpatrick, Merker, Casello and Buchanan had no disclosures. B. Informational Announcements VII. Announcements & Awards; A. Stage Left 2013-2014 Season Peter Pagliao, Artistic Director of the Stage Left Theatre explained they began in January and produced two shows in February and April which were very successful, drawing audiences from Hollywood to Jupiter. They are in rehearsal for the season opener of I Do / Do on November 8 They have an aggressive season with five shows, which is unusual for community theater. They have everything organized and outlined, and they will produce shows from November to May. During the summer, they will hold their youth program. They added seats and risers to the theatre in response to complaints from patrons they could not see the show. He commented they were thrilled to be in Boynton each and have had an unbelievable response. They were involving volunteers including Boynton each residents as part of the group, ushering, acting, and mailing information. Mr. Karageorge noted last season they partnered with businesses for dinner theatre and he hoped that would continue. Mr. Fitzpatrick also helped with creation of the stage. Mr. Karageorge not many residents in his community went to the first two productions and loved them. B. Boynton each Haunted Pirate Fest and Mermaid Splash Tracy it-h- y, Boynton Beach CRA Business Development and Marketing Specialist, announced the Pirates were coming. A flyer was distributed and she hoped all would have costumes ready. The event will be held on October 26 to 27 from 10 a.m. to 5 p.m. and the Mermaid Splash on October 26 from 5 p.m. to 10 p.m, Staff has been working diligently on the events and is excited to add the Mermaid Splash. They will hold two mermaid pageants for is Mermaid Boynton and Little is 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Mermaid Boynton. Trolley shuttles will be used for parking and to get to the three Mermaid Splash locations until 10 p.m. The trolley stops will be on 4th and an we there will be a large stage with local restaurants setup, a stage with art vendors at 640 an Avenue and the Marina will have a pirate ship and pirate re-enactments. Local businesses will be set up on an Avenue. The will be a pirate hunt map handed out at a booth. To obtain answers to the clues, attendees will have to go to all the local businesses. When attendees finish, they will turn in their maps for a raffle to be held at 8:20 p.m. Mr. Karageo noted the business community stepped up and had been promoting the event daily. Vice Chair Hay thanked staff for their efforts, especially since the Special Events Director was not available. The entire staff took part to make the signature event a success. He hoped it would continue and commented they work well as a team. Mr. Casello inquired if the local restaurants will sell food. Ms. Smith-Coffey commented there are 11 booths for local restaurants. No vending trucks will be present. Since this was a signature event, they wanted to show what restaurants were in the area. There are 46 restaurants, but only 11 participated. It was hoped more would participate next year. C. International Downtown Association 2013 Merit Award — Boynton Harbor Marina Redevelopment Project Ms. Brooks explained Mike Simon was in New York accepting the and for the Marina project, which included the redesign and redevelopment of the entire Marina. It is a significant project constructed in phases which is almost complete. They won the award because the project was so comprehensive. She was very proud of it and their diligence in completing it despite not having a lot of money. They also won a merit award for it. Chair Taylor congratulated staff for their efforts. C. Florida Redevelopment Association 2013 Roy F. Kenzie Award for Outstanding Rehabilitation, Renovation and Reuse Project — The Little House Ms. Brooks explained they had a short video which would play at the annual conference that was viewed. The Agency purchased property for a public parking project and the house that was on it was moved to another location. Mr. Karageore thought it was great to get the award and announced all will be in Tampa later this month to receive it and show off the project. VIII. Consent Agenda: A. Approval of Minutes — CRA Budget Meeting, August 27. 2013 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Approval of Minutes — CRA Board Meeting, September 10, 2013 This item was pulled by Mr. Karageorge. C. Approval of Period Ended September 30, 2013 Financial Report D. Monthly Purchase Orders E. Approval of Interior Build-Out Grant to City Towing LLC F. Approval of Commercial Fagade Grant to City Towing LLC IX. Pulled Consent Agenda ft ems: B. Approval of Minutes — CRA Board Meeting, September 10, 2013 Mr. Kara gear ge requested a change top a 5, first paragraph as follows: "Chair Taylor explained this item was originally supposed to be used for real estate training, for historic preservation, but Delray each did not match the funds Motion Mr. Kara george moved to approve with the change. Vice Chair Hay seconded the motion that unanimously passed. X. Information Only: A. Public Comment Log Chair Taylor not a comment was received regarding the dance event with professional ballroom dancers and music. B. Habitat for Humanity Paint - -Than Block Party -- 10112113 Chair Taylor announced the Paint - -Thou Block Party will take place on October 12 from 2 to 5 p.m. at the Carolyn Sims Center. He read the activities and noted local contractors will participate in painting the homes earlier in the day. Ms. Brooks explained the C will have a tent with goody bags containing information about the CRA. C. Community Caring Center's The Harvest Moon all — 11174113 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 mm� Chair Taylor announced the event is on November 14, 2013, at Benvenuto Restaurant. He inquired if the CRA Board participates in this event and Ms. Brooks responded they typically do not. It was noted the tickets are $80 per person. D. Special Events Recap — Disco Dance — 9/20113 This item was previously discussed. I. Public Comments: (Note: comments are limited to 3 minutes in duration) Dr. Plotr Blass, 113 West Tara Lake Drive, not his great grandfather was the father of Jewish Theater and they were reviving "Fiddler on The Roof." He indicated he would contact the community theater to produce that play in Boynton Beach. He thanked the Board and the City, as he was out of town, that the University of Boynton was still present. XII. Public Hearing: None X1111. Old Business: A. or Evaluation and Action on Responses to Legal RFQ/RFP Chair Taylor advised four firms responded to the RFP and each would give a short presentation. There was brief discussion whether the fi rms should waft in the lobby while their counterparts made presentations and there was consensus they would remain as it is a public meeting. Susan DeTegal, a partner with the 7irm of Billing, Cochran, Lyles, f4lauro & Ramsey, P.A., was present with law partner, Jerry Knight. They reviewed the proposal and understood the Agency had many programs and ongoing projects. She was aware they were administering a significant bond, which was of interest to them as they are project-oriented attorneys. She has been working with CRAs since 1991 in private practice and she was in public practice prior to that. She is a former county attorney for Bcord County and Mr. Knight was a former assistant attorney general and former assistant city attorney in Ft. Lauderdale and assistant county attorney for Broward. The fi rm has been in existence for 35 years in Ft. Lauderdale and West Palm Beach. They have partnered since 1996 and practice CRA and municipal work, as well as private practice in land use and zoning. They worked together at Holland and Knight since 1996 and then went to Billing, Cochrane since 2005. She is the attorney for the Davie CRA since 1992, attorney for the Coral Springs CRA since 2002, and she does special project work for the City of Pompano each CRA. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Mr. Knight worked with her on all CRA work and handles all the real estate matters. He is a title attorney and has worked extensively on their real estate transactions. They have experience with CRA work, development agreements and they represent over 100 Community Development Districts in Florida and with local governments on special projects. The include general defense of municipalities. The following questions were posed: * How far are you from Boynton Beach? Attorney Delegal responded about 45 minutes as the fi rm is in downtown Ft. Lauderdale. • How long have you been incorporated? The fi rm was created in 1977. • What was your experience dealing with the Pompano CRA since the work is contracted to a separate company? Ms. Delegal explained she has worked with the principals of the Redevelopment Management Association (R MA) for a number of years. In her project work for the City of Pompano, she had worked directly with them because they report to the CRA which is also the City Commission. The city attorney serves as the CRA attorney, and she does special projects for RMA and as needed by the city attorney. The entity was also hired by Coral Springs CRA to redo their plan. She explained the attorneys do not overlap. The City Attorney sits with the Board in Pompano and brings her in for special issues. They litigate for the CRA. She reports to him and keeps him advised of what occurs, but there are no overlapping responsibilities. She clarified she was hired and reports to the CRA itself. a Is the fee $250 per hour for partners? Ms. Delegal confi rmed it was. e If selected, Attorney Knight will represent the Board? Ms. Delegal explained she would be primarily responsible and she would sit most times with the Board, Mr. Knight would work on the projects with her and he will be integrally involved in the representation. 0 Is there travel time involved? Ms. Delegal responded there was, but they do not charge for travel time to the two regular meetings. # How many total members of the fi rm are there? Ms. Delegal answered slightly more than 25 in both offi ces. 0 Was Ms. Delegal Board Certified. Ms. Delegal explained she was Board Certified since 1995. 7 MEETING r T COMMUNITY C BOYNTON BEACH, FL OCTOBER 8, 2013 • How many C 's do you currently serve? Ms. Delegal responded the three were Davie, Coral Springs and the City of Pompano Beach. Derek on ey, Esq. of Fowler White Boggs, thanked the Board for the opportunity to make a proposal. He expressed regrets a colleague, Erin McCormick, was delayed in Court which caused her to miss her flight to attend the meeting. Attorney Dwayne Dickerson, from the Ft. Lauderdale office, was present. He noted, after a review of the Boynton Beach C 's needs, Attorney Dickerson practices development law and was an expert in that area. He was present to answer questions beyond the government side of the business. The firm has been in existence for over 70 years and has over 100 attorneys in five offices which were Ft. Lauderdale, Ft. Myers, Tampa, Jacksonville and Tallahassee. There are 19 government practice attorneys in the firm. They proposed three primary attorneys who were Erin McCormick from Tampa, Marilyn Miller from Ft. Myers and himself. Based on the RFQ/RFP criteria, he would be the primary attorney. He is Board Certified and has five years of experience representing CRAs. He was a former assistant county attorney in Charlotte County, and he represented three of the four CRAs in that county, including one which he helped create. He is the town attorney for the Town of Ft. Myers Beach and represents their three CRAs which were consolidating and transitioning from county control to local control. He was in the process of creating a new CRA for the Lehigh Acres area. He has extensive experience in special districts. He represents the Lee Memorial Health Systems, a public hospital board. He represents the Punta Gorda /Northport Metropolitan Planning Organization, Charlotte County Tourist Development Council and a number of other government representations as special counsel for litigation for the City of Venice. Fowler White Bogs is a statewide firm with a statewide practice. They use a cafeteria approach. They have experts in every field of law and can handle every need the CRA has. They can do so for the fee they proposed. He commented it appeared his firm was the most expensive, but if the CRA wanted Linda Shelley, two-time DCA Secretary to work on an issue, she would do so at the blended rate. They do not charge for travel for any regularly scheduled meetings, only for special meetings on short notice and they would charge half the travel time. He noted there was an error in the paralegal rate which was $110 per hour, not $150. His colleagues were imminently qualified for the Job and if cost was an issue, they could propose fees similar to the others. If they just wanted Attorney Rooney, they can meet the fees. The following questions were posed: What does Mr. Rooney consider short notice? He responded Ft, Myers was two hours away and sometimes he works in the Ft. Lauderdale Office. If an emergency arose, they would have an attorney present within a hours. For normal business issues or a special meeting, a two-day notice would be needed. 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOB ER 8, 2013 If someone from an outside office was needed, they could be present within a day. How many C do you represent? Mr. Rooney explained currently he is only representing the Town of Ft. Myers each CRA. They had three C and they were consolidating them and was transferring control of them. He represented the Charlotte Harbor CRA, which is a coastal community devastated by Hurricane Charley. They issued bonds for infrastructure, but the focus was on maintaining the character of the community and to rehabilitate the commercial strip malls that were in decline. He represents the Parkside CRA,. in an area of true blight with homes constructed in the 40s and 50s and they instituted Code Enforcement and housing rehabilitation. He represents the Murdock Village CRA which has no residents and is controlled by Charlotte County. They acquired about 800 contiguous acres to develop as an industrial park, • Does Attorney Dickerson work in the Ft. Lauderdale office? Attorney Dickerson responded he has been in the Ft. Lauderdale office and has been with Fowler White just over a year. He was practicing since 2003 and is a land use and zoning attorney representing a variety of developers including residential developers and vacant land owners over the last 10 years. Most of his experience was in the private sector, and it was a good transition working with cities. * at is the blended rate? The blended rate was $285 per hour. Steven Zelks wltz, Managing Shareholder of Gray Robinsons' Miami and Ft Lauderdale office thanked the Board for the opportunity to make a presentation. He introduced Shareholder Michael Marshall and explained the Boca Raton office was recently opened with the fi rm of Siemon and Larsen. The firm has been in existence for over 40 years. They are Orlando based, and Charles Gray and Robbie Robinson are still with the firm. Mr. Gray prided himself in having a large part of the practice representing various state, county and local governments and special districts, They have over 275 attorneys in 13 offices throughout the State, including one in Tallahassee. Attorney ZelkDwitz started a governmental practice 15 years ago and he specializes in CRA practices. He serves as general counsel for four CRAs, those being Naranja Lakes, North Miami, North Miami each and Hallandale. He is not a municipal government attorney who does CRA work on the side. It is the only governmental work he does. He and Attorney Marshall integrally know Chapter 163, and Attorney Marshall drafts redevelopment plans and helped create CRAs. 9 MEETING MINUTES COM MUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 0, 1 They handle affordable housing, development projects, and he complimerded the CRA. He lectures about CRAs at the FAU School of Government and they frequently oint out the Boynton Beach an Agency that does thins right. The Agency's jec are looked at as case studies. They have handled Inspector General Investigations, working on the state level with the Joint Legislative Audit Co (J LAC). When audits are conducted, the firm's Tallahassee staff knows the mitt's staff and representatives and has direct access to them. This has been helpful in voidin audits. Mr. Marshall is located in the Boca Raton office and would be the attorney to attend the meetings. Attorney Zelkowltz would assist with respect to the different substantive matters. He is a primarily in the Miami office and travels to the Ft. Lauderdale and Boca 'ton offices regularly. They propose a fee structure of 225 per hour for shareholders as a blended rate. The firm does not funnel work to associates and he proposed 225 for shareholders and 175 for associates across the board. They do not charge for travel for any meeting with staff or a meeting. This held true for Attorney Marshall and himself. They do not charge for routine telephone calls. Conference calls are billable, He commented not knowing what projects were forthcoming, he felt the firm could provide the services for less than the $85,000. The following questions were posed: What is the fee for paralegals? Attorney Zelkowitz did not see the need for paralegals in CRA work, but if one was used, the rate would be 100 per hour. Who would attend the meetings? Attorney Marshall would attend the meetings. He is a shareholder in the Boca Raton Office and was a civil engineer who holds Master's Degree in Business Administration. He went back to law school and became an attorney with Sie on Larsen. Their historical practice is one that balances public and private sector work. They represent a number of public sector entities and Sion Larsen was the consultant for the Lauderhill City Center and for the Boca Raton CRA. He handled its downtown Development of Regional Impact (DR]), findings of necessity for Lauderdale Lakes CRA and City of Lauderhill and for the initial CRA plan in Coral Springs. He works with the City of Marathon and Doral Planning Departments and sits in for City Counsel when they are not present. He has worked with the City of Doral for seven years and helped prepare their Comprehensive Plan which led to litigation, and after settlement of the litigation, it led to a downtown Master Plan. He does a lot of private sector work in Boca Raton with the build -out of the downtown DR[, the Arvida Park of Commerce DRI, they work with the Consortium of Property Owners for the northwest sector of Boca Raton, the Boca Technology Center 1, and represented the Consortium to create new land development regulations and they have a concept of planned mobility. They represent developers in Ft. Lauderdale and Ft. Lauderdale CRA, Dania Beach all the way 10 MEETING MINUTES COMMUNITY L T AGENCY BOARD BEACH BOYNTON FL OCTOBER 8 201 to Key West. Their private sector practice is from Monroe County to Orlando. They represent the States of New Jersey and Louisiana. Siemon Larsen prepared the Land Use Legislation for Puerto Rico. There is much experience available. • Do you feel confident with CRA statutes and can you advise on the fly? Attorne Marshall responded 100 %. • The Hallandale and Dania Beach CRAs are very different. Do you work with Dania each? Attorney Zelkowitz responded they are not the Dania Beach CRA attorney. They work with Dania Beach in connection with other Broward CRAs relative to inquiries by the Inspector General's Office and whether the Inspector General's office has jurisdiction over the Broward county CRAs. In Palm Beach County, the Office of Inspector General's r has an opt-in provision. The provision was discussed with a number of executive directors in Palm Beach County CRAs in what appears to be, on a state-wide level, accountability and there are potential investigations. Part of what the firm can provide is they have one through that process in Hallandale Beach. All that was investigated s prior to the time they became their CRA Attorney, and the Inspector General's report indicating the retaining of the law firm was a positive step for the CRK They were brought in to help clean -up the situation. • here is Naranja takes? Attorney Zelkowitz explained it is in unincorporated Dade County and it s ground zero when Hurricane Andrew hit. They have created a number of CRAs there. A project proposed by the developer of the West Palm Beach Abacoa project, called Mandarin Lakes, was a traditional neighborhood development using traditional zoning that helped create a tax base for the area and restore an otherwise dead area, Attorney Zelkowitz serves as general counsel since 2003 and helped create that CRA. How did you go from a civil engineer to an attorney? Attorney Marshall explained his specialty as a civil engineer was structural engineering and he worked on several bridge projects for the Department of Transportations. Part of those projects entailed site selection which involved a lot of planning and study of impacts to barrier islands. Many islands did not have accessys or bridges. In conducting the planning work, he became enamored with the science of planning. He felt the best way to be in a position to help influence policy was to become an attorney. Ken Spillias, President and Managing h hol r, Lewis, Lon n and Walker, was present with law partner Tara Duhy. He had hoped partner Brenna Durden, who is on the Florida Redevelopment Association Board of Directors, could be present; MEETING MINUTES COMMUNITY L BO YNTON BEACH, FL OCTOBER 8, 213 however, she is on sabbatical. He noted all the legal firms present could skillfully represent the CRA. The issue is what the Board feels they need for representation. Attorney Spillias explained the firm is a 32-member, state-wide firm, with its largest office in West Palm Beach. The firm was founded in 1994 as an environmental land- use and governmental law firrn. They have grown and branched out into other areas, but the core remains environmental land-use law. A listing of governmental entities and CRAs they have represented around the State was included. Attorney Spillias noted the most important thing for a lawyer is to know the law, but he also suggested knowing the client to service them was also important. He explained he knew the community. He has practiced law in Palm Beach County for 35 years, and Attorney Duhy has practiced her entire career in Palm Beach County. He has been in government and represented the Boynton Beach CRA from 2004 to 2007 as general counsel when many significant projects were before the Board. He represented the Board as special counsel in 2012 regarding hazardous waste, contamination and brownfields. They are one of the premier environmental and land -use law firms in the State. Attorney Spillias has been the Town Attorney for Ocean Ridge for 14 years, and has business with the City. Ocean Ridge receives fire /rescue services from the City, as well as water and is oynton's cousin over the bridge. He is familiar with Boynton Beach. In 1986, he cofounded the Children's Services Council and helped develop, in the early years, one of the best agencies of its kind, He is also past president of the Literacy Coalition and has been active with the Coalition for many years. The Coalition just opened a building in Quantum Park. His point is his firm knows t the City has been doing for the last 15 years and has participated in what has been done. He lives in West Palm Beach, but has many ties to Boynton Beach. The fee schedule was included which detailed the hourly fee. He commented at times, they will use a flat monthly retainer for general services, which was open for discussion. He pointed out he was looking forward to the Pirate Fest in October. The following questions were posed: Do you see a need for paralegals in CRA business? Attorney Spillias was unsure, but explained they always include it in their pricing. Paralegals usually handle organizing documents. Of the three pages of clients listed, how many of them do you currently represent? Attorney Spillias responded 150. A partner in Tallahassee is a government pension lawyer who represents a significant number of municipalities regarding their pensions. It was noted one client was Quantum Community Development District, in Boynton Beach. 12 MEETING MINUTES COMMUNITY L BOYNTON BEACH, FL OCTOBER 8, 2013 Mr. Fitzpatrick did not believe being the attorney from Ocean Ridge was positive thing, as it was too close to Boynton Beach and no one knew what the future would hold. He asked how that would work. Attorney Spillias explained when he applied for the position in 2004, he approached Ocean Ridge and asked if they saw any conflict. The Town had no objection as he was not representing the City. He was not aware of any issues between Ocean Ridge and the CRA that would constitute a conflict of interest. Should that occur, he would withdraw from representing one or the other, or both sides for that one particular issue that created the conflict. When it occurred in Ocean Ridge, special counsel was brought in. it is not a major difficulty for law firms that represent clients that may theoretically have an issue. They are covered by the rules of the Florida Bar and unless they receive waivers from both parties, they cannot represent either one. • A comment was made Attorney Spillias wrote a book and it was thought he spent a great deal of time on the novel. Attorney Spillias explained he started a book in 1997 on weekends and vacations. He is the managing shareholder for four offices o free time is scarce. Please elaborate on the strengths and weaknesses during your tenure working with this Board. Attorney Spillias responded he felt he had a very good working relationship with the Board and both Executive Directors he worked with. He did not find the Board difficult to work with at all. There was political friction between the Agency and some of the City Commissioners taking the Board back. He was not involved in that, and he and Attorney Cro's office worked well representing the City and CRA when the Board tranition. He was uncomfortable in the manner which the transition occurred and it was logical to him to bring the City Attomey in since the City Commission would operate in a dual capacity. He felt it was the better part of discretion to step back when the transition occurred. After Attorney Cherof s firm served as Agency counsel, they worked together to clean up some items. Since then, they have been retained on some occasions as special counsel for project specific items. He did not feel any friction or hesitation, in terms of cooperation. Who would be the main counsel on the Board? Attorney Spillias responded he would with Attorney Duhy as his main backup. All 32 attorneys with Lewis Longman and Walker have experience with governmental law, land use, development and environmental law. Attorney Tara Duhy explained she has been practicing in Palm Beach County since 2004. She handled a great deal of local government work, working with Attorney Spillias in Ocean Ridge and for special districts, specifically water control districts, Charter schools, school districts and on environmental and land -use matters. She is proudest that she can work on both sides of the fence. When representing a private 13 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 party or local government, her experience gives insight tot to achieve win-win situations. She has also worked with the CRA and did a significant amount of negotiation, drafting development contracts such as the Heart of Boynton, which did not come to fruition. Chair Taylor commented he served on the Board when Attorney Spillias was counsel and he was pleased with his performance and advice. Attorney Spillias expressed he felt the Executive Director's role was to make the Board look good and the Attorney's role was to keep them out of trouble. Mr. Merker commented the Board did not hear from Attorney Cherofs firm, it Taylor responded they did not apply, The Agency issued an RFP for legal counsel. Mr. Merker inquired if all four firms were rejected, Attorney Cherofs firm would be considered. He wanted the public to no that Attorney Cherofs firm was not excluded_ The members discussed all four firms. Mr. Merker noted all the fi rms vacillated on their fees. Chair Taylor liked Lewis Longman and Walker. Vice Chair Hay liked Lewis Longman and Walker With Gray Robinson as a close second. Mr. Fitzpatrick thought there was a problem with parking at the each and thought they should consider a two- tiered parking deck on the back end of the park which would be a conflict with Ocean Ridge. He also thought there would be a conflict with the fi rm regarding Quantum. He preferred Gray Robinson. Mr. Buchanan liked Gray Robinson and Lewis Longman. The later had the advantage of prior experience in Palm each County and experience in the City, and Gray Robinson had a strong statewide presence and lower prices. He was on the fenoe. Mr. Casello leaned toward Gray Robinson and liked Lewis Longman walker for its hometown connection. Mr. Merker liked the personal touch given by Attorney Cherof and saw no reason to change law firms. Mr. Karageorge respected Attorney Cherofs firm, was familiar with Lewis Longman & Walker and thought Gray Robinson did quality work. Motion Chair Taylor passed the gavel and moved for Lewis Longman and Walker as the firm for the GRA. Mr. Casello seconded the motion that passed 5-2 (Messrs. Fitzpatrick and Merker dissenting.) B. Consideration of Issuing an RFP for General Contracting Services for the Construction of Phase 11 of the Marina Redevelopment Project Ms. Brooks explained this item was to build the Marina Master Building and Fuel Dock site improvements and to find a general contractor to get the project going. An invitation to bid was needed. 14 MEETING MINUTES COMMUNITY L T AGENCY BOARD BEACH, FIL OCTOBER B, 2013 Motion Mr. Karageorge moved to approve. Vice Chair Hay seconded the motion that unanimously passed. Ms. Brooks noted they would not start construction until after the holidays. Mr. Fitzpatrick inquired about the reason for the delay. It was explained it was to avoid the holidays and the tourist season. Construction would start in the spring and coordination with restaurant owners was very important. The building was 1,500 square feet and construction was anticipated to last around four months and would tie into the Pirate Fest. IV. Now Business. A. Consideration of Resolution 1 -0, Budget Amendment No. 1 — 2013 -2014 Susan Harris, Finance Director, explained when the budget was approved in April, she indicated if the millage went u, it would increase the 's budget. She noted as a result of the City Commission approving the millage rate, their budget increased $162K. They also saved $44K from their insurance budget as she was conservative with the preliminary budget_ After it was approved, she received the preliminary numbers from lastrid a Insurance and the new insurance rrier was able to beat the proposal by K. Between the cost savings with the broker and the budget conservatism, they have an extra $44K. They have to allocate the $206,150 of additional revenue. Staff recommended five items; one was approved, which was the Executive Director's salary and auto allowance which accounts for $8,810. They need to increase the budget for direct incentive payments to developers by $14K. They have the proposed salary to hire a Special Events Marketing Economic Development Assistant for r however, after Ms. Brooks conducted all the interviews and considered the amount of work he/she would have, she felt the starting salary should 0K rather than $35K, slightly above mid- range for that position. The increase of $6,132 would be taken from the additional revenue and the rest would be allocated to the property and land acquisitions line items. Finally, based on having new legal counsel, staff wanted to increase that budget by another $77K. Chair Taylor inquired why the legal budget doubled. Ms. Harris explained the budget does not have to be that high, but they did not know what firm they were choosing or their hourly rate. When they had Lewis Longman Walker in the past, the fees were very high. They were handling a lot of land acquisition with Intown partners, but the difference in the hourly rate between Attorney Cherofs firm and Lewis Longman Walker is about 100 per hour, Attorney Cherof commented he supports the staff recommendation as it is a sound budgeting recommendation from staff. He thought no 15 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 matter who was selected, there would be extra fees due to the cross over and they would not be able to make the transition within the budget. Ms. Brooks explained if they do not use the funds, they can be rolled over to something else via a budget amendment to another project. Mr. Casello wished the increase in costs would have been brought up if they were overruns. Ms. Brooks did not categorize the money as cost overruns. She reiterated Lewis Longman and Walker had handled land acquisitions and it was proportional to the acquisitions. They handled the purchase of the Marina, Ocean Breeze, the Intown partnership, and their fees were reasonable. Staff wanted to be cautious because there was no cross over. Mr. Merker commented Attorney Cherof, as the City Attorney, could give a discount because he wore both hats. Attorney Cherof explained there is an economy of effort in providing services to both entities and there is a savings which is always the case. Much goes to the fact he has information he possess as a long -time City Attorney that he does not need to research. Mr. Merker inquired why the Agency was dissatisfied. He liked the cost and professionalism of Attorney Cherof and inquired if the attorney or his firm did anything improper, Motion Vice Chair Hay moved to approve Resolution 13-02 for Budget Year 2013/2014. Mr. Karageorge seconded the motion. Mr. Casello commented he wanted to keep the starting salary at $35K for the Assistant Marketing Director and not $40K as the salary would only increase. Ms. Brooks explained it would increase by 3%. Vice Chair Hay explained that was not part of his motion. The motion unanimously passed. Later in the meeting, Mr. Casello requested to change his vote as he opposed the motion. Chair Taylor requested the record reflect the change. The motion passed 6-1 with (Mr. Casello dissenting.) Motion Mr. Casello moved to keep the salary 3K .The motion died for lack of a second. B. Consideration of Short Sale Terms for HAP Recipient Kristen Gallagher 16 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Ms. Brooks explained the item pertained to a home in the Preserve. Similar requests have been before the Board. T h e p roject was a for-sale project that later changed to a rental project. The CRA will recognize $4K from the short sale and the documents were in order. Motion Vice Chair Hay moved to approve. Mr, Merker seconded the motion that unanimously passed. XV. Executive Directoes Report. A, Project Status Update Mr. Karageorge asked if the meetings regarding retail business on MLK were moving forward. Ms. Brooks responded they were, and there is a land owner w h o a greed to sell, but not on the timeline. He also asked if there was target time for Lees e to come before the Board. Ms. Brooks explained they do not need to come before the Board and they would submit site plans to the City in November. They were having a hard time making the project work financially, which was surprising to her. They were still on target with other project dates. As to the interview with the marketing assistant, Ms. Brooks explained she offered the position to someone extremely qualified with years of experience with merchants and large major events. Mr. Fitzpatrick inquired about the status of Kanner and Pintaluga. Ms. Brooks explained it appeared the Agency was on a better track with them and they are verbally in agreement on some terms. They need to come to agreement on the land costs, which was what she was waiting for from the property owner. They would need to get an appraisal. He inquired about the appraisal submitted, which was unusual, Ms. Brooks explained the submitted appraisal could not be used for lending or building purposes, rather it was a speculative appraisal used specifi cally to determine what the land would took like in the future. By statute, the Agency has to obtain an appraisal on the parcel. Mr. Fitzpatrick thought the item was dragging on and the Agency had a half acre of land in the mix. He asked how long the Agency would give for sorfiething to come to fruition. Ms. Brooks explained he has an excellent development attorney, who represents some of the top developers in South Florida. The attorney is discussing real estate values with him and Mr. Kanner is still interested in the project. Ms. Brooks thought they should give the project another month. Chair Taylor explained he met with them and Attorney Bonnie Miskel and there are some gaps as far as the land costs. There was a gap with the developer who wants assistance paying for the parking. He thought they were asking a lot, but Attorney 17 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL OCTOBER 8, 2013 Miskel commented they would put together a proposal for the next meeting. On the gaps are known, they can determine how to proceed. XVI. Future Agenda ft ms: A. RFP for General Contracting Services for Parking Lot Project located at NE 1st Street and NE 1st Avenue Mr. Merker requested a report from Ms. Brooks and Attorney Cherof regarding what came forth from the Delray each audit and what the Boynton each CRA should be aware of. XVII, Adjournment There being no further business, Chair Taylor adjourned the meeting at 8:29 p.m. Catherine her Minutes Specialist 100913 18 p R A CRA BOARD MEETING : November 12, 2013 X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report tote CRA Board representing the revenues and expenses for the month ending October 31, 2013. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: Approve October financials. Susan Harris Finance Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\Nov 20131Financial Report.docx Om00 al N ralmV r.0 000N my 00 h i O WW E or00 rn ! mmh Ill m 7 1 ! alln9Ori0100 m E o O t7 0 ,-I O o m I- r m m m h '-I Ot ir7 D o rn In C�1 0 0 10 o �m O al of Ol .irn afm OlOOma1 a7�0 al m o al ln v wr orlOwo"OOm. -1x00 N 11 N O riNO m mOriOmrl to m O a O rI T 00 V� Ill R7 O alli O Ill Ill m w'I Ill m r, m �] O N N riO rl0 h W Olm HO al al a 0v ul In o r- I rr , O r O N rl I, (n al nOV! oar ra In ul Nrrl O W rl lD lO m 111 al In I/lNIr mmri Cl r- rl lD ri O m N m %q riv mIn m NO aIN q 10 h O al m N 1-1 rl N m m rI N in a O ri r m I II 0000 0 1 0000000000000 0 0 0 III p q 0000 O B � O O O O O O O m O O N 0 0 0 0 O O I� W' 0000 O p 000 000mmo or10000 ILl Ln ± 666f n a c m of rn 1 r of al al m m F 6 a1 N z rl m m w A o riln O m Inminalavinmoon rnmoo m I� p o mNa o cll al m al r m m m O O r m000 Ill V W o av a v vrollnv Oiorlo 00 o4 0;o0 O Ic U 0 r N mHm W a1Nmri r1 .-1O O h H l Y- rl m v N Ol al lO m r O m i m m al 14 Nri m morlto0mN 0 vv m v m 1 m m rI ri m IN lD .-1 N V C I N rl V N IZ F O�Q o+-ImO W m mIn afO vInMOONaIMOO m r Wrl OmNO O mOlm O1h mmmOOhm000 Ill III w m . O IM a [- of Inv O In rI o O w m m O O o Io ai r7 E O H N W ri al W of N m rl H If O O h m W O �F 9 hrl 1 a N al ll llmr0 mrm W O yr��i Fi Nrl m I mOrlwmmN Invv in H O m m rl r1 m ri to rl N � PQ p ppyy O 0000 0 orin000h0000mrlalm 01 o PIN 00 o O In mm00NN0ul0Ul r in rr O E� 00 O O NmrlhOmOOv Oh N0 -1v O La i NO O N NOr ONal1nONlllrlmW N q N O O N Nrir 000 m 00 NN 0mri al N PP 00 m m p... nr -INrimo .-1 -1 C-4 In a/ m m m �! I W N P� H u W .h'i P7 Gd y1 V N rI W � �7i W Wm Ste}} z xj W D4 L) W U H M Z N I'+ W W P W Ft H C3 W 0.� H H F O V V} LO O U H A' O �y�y fYi H �j O W Pd .ci I EE H x O E W Fi W Pq U V W q E ri r1 w O O PP� E pq E pf, N C7 00 h hPI 00 00 Q1 W W H o o rlrr o0 0o rn 0 H ° co O O Of 01 Oi 00 O� 00 C4 t- Im u7 u] o0 C� L] 00 (f Nr1 NN 00 Of w U 0 0 1r-I+ V oo [ m - O 0 11 11 N rl ri 00 *•1 N N rl 11] r A 11 C 0 � 0 m O O m m P1 f'1 N r r m o o 000 0 0 00 0 p q 99 0 0 0 99 0 0 0 �l PG 00 000 00 00 0 E 0 j z r� 00 mCryrq In 1n 00 10 99 O r m N N 99 O g � g H L] U O® N m0 ri rq O O N �P ggq OI �I m m H r - W .i r1 co l W 00 mMH In ul 00 w m w 99 o h m N N o 0 0 a N H O6 c li - i-1 0o m °0 r m ' '� m cn �HS R 0o ° 0 R11C o co 000 00 00 0 iE a s o 0 0 0 0 0 q N N O O O O O N O0 •"O,O 1+1M m to wm g N w H Cry yW U '�Z W � f�ul�I �z] E m W Oyd U u N W I 1 9 ,zc9 C4 Lq H Q 0 $ O ~ y 7 a1 m U 1-I pae� 00 H 0 H Zf H V E-0 •TE• cn o E p71nr [9 W H o cY 0 Q .-1 .-I 11] i7 W-0 O I 4 00 v V WWE � a �F W1l�m0 P4 qv 0 a 0 I H E 4 . E m E E m � E E E m7 U H O EO H E O 9Ca 9 90!Ci m 0000r oaWn n A OO C p� 11 m 110 {1g W o in o o In O G1 C1 In In II N 10 1D Ln N O r F V m a -1 .-I N N 00000 0 0 0 O o 0 o a o 0 0 0 0 000 00 000 0 E z�y Fd 0m00m OI�r m 999c! 0 a N N III a ba 0-000-0 coo a H 1-0 v M M a O � H O v N aa E t3 Go 0 m0 0co or r In x am 00000 oN m [Ga � oL LO o mm m m W Q [ H a a . E A E . O 00000 0 0 0 0 O LM R E B9 In ON O V�.� O -I-1 L W q N E [7 r 1q CO rl ri N Q N N �D U W V�1 H {R .7 z L I. p1 a�it�v�i mm pqw H>E I~l ICA a�zwrn� ao a m 0+ m w H a � I.� r IuE� . yy�WlIn yE� 04 0 to Ln r, L �1 00 O HC4 N d r4 * t a F] E ` N N N N D m m ��] � O RWW E W Im V-1 .-I .-I .i WWWWWW -7 00 [FH�I O C F N q � Dfi i Ln in Ln +EEO p�l�I In I O O 0000 D00 E E C9 room V O pon P 0"Oo 00 n �H z mOQ IP W OOtO W ONOO W oo cry O C9 h �j i m O m O1 1p O O (n m O N O O n 00 m � OI0CI Qin r-I 1 i W OHO W 0 0 co .i li W coo n 0 0 0 n W O N 0 0 0 00 n Q -! O .-+ L' O O O W o O m O O a 99 O p R e7 i �f.� ui0M no0on m0CnLn0 n oo (A NON w14Ln 111 n 00 W 0001 OO O1 W O W O1mnN N Q W N1p 111 N 00 m U W m n W m N V H N H IO N N 000 O O O O O 000000 O O O q 999 O O O O O 0 0 0 0 0 0 O O O a I L L S coo 00000 000000 OO O E z r� 000 m 0 0 0 m N 0 m 0 0 0 00 m Of 9 C 1!O 004 OI O 100010 OO 11 E F] M MO MOlmn 00 00 r4 H C8, I O O O O r1 N H H H H rl .i U H W 000 m O 0 o m N O W 0 0 0 00 m x L a [. � m o( o a v000.r rno(000a 90 0l U {f. D+9( a Oa N000N HO co 000 00 n M H O O m 0 O 01 .-I N V H Q coo 0 0 0 0 0 o O N In O n 00 n W w O W O H 117 111 H O O ID O O W 00 m W W O W O m n N m 117 117 O w In H O O m �ww1 U Hmv 4M -W N W HNN n NN O go .7 H H H N W m a W dl ' H in w E Wa7 W ViL EA WF a 9 UE H W a aa> a H H a s w Hw z� [7W " �� { ( � � 7 [y u q o .Wa7 g H P4 W U A U v ° a U �1 W a N W H rNi O1n o W to tD nm ONONOa O H a �i7 rl 000 NN NN (n HQ m m 0 49 +�i H p7 11 N C� N N m m m m m R a 8 H L��W76ip�ij 1pppppp4���cl,oIA�L77 go 000 00000 1 1 N Ti d! NNf{ N NNN WNNNNN FIN Ff. M P) I W H HH F HHH H . - I . - I rl H H a NH d U H . i7 � � ([7 u1 O In In ul In O C4 N In N 2 W H W 0 O I goo I I E U 1 1 1 1 H C4 1 1 I 1 1 H H 1 H F r _ l H O A goo 0000 aH rl rl N.4 H GA 1 1 H W O O 0 0 0 0 0 0 0 0 0 o AW C7 mm oo moMO. -1 n a000�n a W � •a .r oo moao W mol000M n n z mm 0 0 0 0 O m M W O O O, m am 00 H O M O M m01000(M a Ili ri ri r-I 11 .-1 00 0000Q0 a m MOOD r-I In rno1 oowaWOO a.IaoaN .� w C a! Oorlovow W I0000-w A W in Ln O O pino p m N VP$ 1/11(1 oO W �DV OM PI Vin. -I n M N N rl Ln Ln w ,-I r i '•I ••7T 00 0000000 0 0 0 0 0 0 O A 99 9999999 0 0 0 0 0 0 O fl W 00 0000000 0 0 0 0 0 0 O E W 00 O O O O W O W N n 0 0 0 01 I f 1 w rl r4 0 WO Maa O1 m 000n m [➢ 0.�' W o 0 0 o m o 1n o m 1"; lh o 0 0 'n OI N -1 Ch H 1 [7 m m m .-1 O G1 .. N U V 07 00 0000 W O W Nn0001T N W W .-I .4 .4 0 0 W OMOM Orm00a n m a E nw oo W o�4 0 ��000 pq U r . .°� O [[ I- y i y O �C O htn 0000000 000000 1n w MM c In N Oan o W 0o am m �0 E MM NO r - I W In Oa Inn ri nMm ri C7 In Ln r 1 N M n ri ri n F7 q W W n W � P4 r W ••bz1 E �Emjd f4 UI W E W E U Go co ZQ EE afl] aH 00 f11U a HwW Urrrr. wa'H• pz� ' � a�w�aHaNa� � Ha� -I H 03 D I» E ri Le U w 11 Qa W Go ba H 01) � w a n�a o�° H e z c%l W o 1nWnrn oolnoln a I� H WO2 6OONNNN ,vL W W {11 $ OO H W U N N N N N N M M M M M P M M E I W \ I I I I 1 I 1 I I I I 011 H �q1 ra z a m A o u1 o o m m 1n u1 In u1 o w F O N W N N N N N N !p N N C,44 N N a �a7 N ��77 M MM MM MM WMMMMM �i I U .-1 �.1 ri ri H 1-1 r-I ri H ri .-I r•1 � E U E In ,7.I �i 1n O 1n u1 In u1 u1 u1 O r7 1n u1 Ln N Ln O H O o I MT ?� . I� ca I E U 1 1 I 1 I 1 E W I i I 1 I E H H 1 P4 W rl ri .-1 1-I 1, 1114 ppuy rl 1111 rl 14 � c W A 0 000000 0 0 0 0 0 W E W Z O I! O UI f1 O L9 H O I O. m d G 0 0 0 0 O ffWWs tS LO w O .4 14 . . r 0 0 0 0 O Q 0000 O P 0000 O W H O F f� orno rn o rn o rn rn 0 In 0 in u1 co co w H I r1 RRff O `-' N E H U W o O rn rn a .� oa�orn a+ o CD co w 0 m m pWpprr7 zE ; rn a rn 7 E m coo m H O � al O 0000 O La a o rn o 0 fA a� In > Ed ?+ E W �aa W �ao co H U P4 r*7 LS cm r O O NH UN 4 ; C14 'L �Qo 00 WW 11 --II N pd F rZ in Ln Ln in Q O Gyy p4 xU r l 1 r E r o H q 0 00 h W W iZ rl O O fr1 NI O fJ IIF' -T.��i I(1 O O n n pWQ4 1x O O li M W U 0 0 0 0 0 Ili O 0 M Il O O In 1n ul . 1+1 "I N a a + N N 0 0 0 0 O A O O p O O ��II P 0000 O O E z U W O000 0 ��yy ��77 noon r E Q U M CA rn H O I 10 10 1D (n H 10 1a 1c ,4 py o N a� `-' i>~ V�Ei N 93 0000 0 M 11 gg H F m 1p 10 O RI ?C O 0000 O b a F 000 O O n O In N N 1r7 O .-I Ill In rl rl N N PG W z a a H. ir1 di f7 U � W a�H w �(d} R4 U F H H E W p 1l W iUUEU p�1 R UN NC4 Q4 N T.w W ava Ln I WW U] Ln .-I Ln 14 rq , N N 00000 cn co o w v MH m 0% r- 0 0 0 co 4M M 0 0 0% m dr I 1-4 li -I on I o Ln IP mm 1 ! 9 C ! 9 1 ! C! m 9 9 of rl ud w %D " 0 Q 0 " w m 0 0 t- 0 Go m 0 C5 0 en o M o [- r- (A mm rn 9 9 99 9 9 9 9 9 9 9 cc 00000 0 a 000 0 00 m 0 a 0 at cv m 0 0 W) 0! N U ! 9 0 9 U ! a ! -! 0 9 9 1 9 (41 feT (n m w a 0 0 In -i o 0 0 N 0 11 OD co m 0 m N C%l H I lt`� Ln 1� 14 rq m Ili 0 1 � rn I -1 A . 2 P E-Z O a] 0 0 al 0 0 0 m C4 Al 0 0 LO -0 flaww N N In 9 9 9 009 m cyl m kt? 000 In rl 0 00 N 0 P4 E-1 li 11 0) w Ch 0 cn N N I to ppa] H V v LO Lr) cq p P H U 0 iA 0 00 00000 00000 0 co (400004 00000 N E-1 O O M C t M 0 11 In M M Lei N L" Q 61 cri 0 9) 03 03 E4 > La co W M 2 E-1 9) 01 L) H > 0 E4 P, w a P4 H 0) 0 P, u L; 1 1 0 A E-1 0 N H m N U) 1 0 o 0 m o ' H 0 LO tD t- Im 0 0 a Ln CV o N C4 C4 -11010 9) 14 1 N N CNI 11 A In ( 1 11 1 1 1 1 P4 11 1 1 m H A, Po g 0000 0000 w . 1-1 r-I r-I �i H r-I r4 ' r4 Ln 1R u) Ln in m Ln Ln Lr) 0 1 0 0 H P E-1 I I I I E-1 1 1 1 . r-I 14 14 0 4D 0 0 0 0 1 � coo w 04 m 8 K c r9 OOmotor HODm v � E� o v ino m r m m m.-i o1 09 inN0v001 1[7 m m O1 op 'f7 MOlm Ommm mmm m FL Om1 owom mm N IA g q 0u7v 9009 minm m P4 d7 and q N Q m 111 0 O d N N Gil U n mv 0 l m0 m m v O1 V� IA 117 O Q 01 OI 177 n m N NHOOM.;Fm n/mm Ln r m A r A m ,I m 0000000 O O o 0 pAp�7 0 0 0 0 0 0 0 9 0 0 o PG o C 0 0 c 0 O 000 m (A OI O1 01 Of 01 E O1 Im m 0ru701f10r as OD N Oa 19 OOI O OI ,-I N M kl ' W 4 Wr` oN M W M to r W EE U N in H en mri In m H I va rl O vNm n E m m a rn rn m O 0m (0 1n G WW � H ovoom om rlNm m (7 p� w yl ui co V ) o H m r o m w L n m [i N a In .-I M n l�l ri In m I � as rI o v N`n n gy EkI� E-1 a O A, m 6C0 0000non o0 o r- GiG OOOON ON 000 N a E 4 1(10001170 0 00 O O C7 NInn Om Inw Or 1(1 q n m H m rl !- -1 ri OI m U U m Vr p7 U1 W H O7 1 - I -I E 0 O E tlf E-1 E-1 U E W a I R z p U EH-1 q w ��� \ Eiw' eY7 E is qq GWy u W z G � 8 0 U EN [7 � ZO U W F m9O pq H H � a pq N kk W Orlmmmvu ulm W N 1 00000" NN CL W y U N N N N N N " .7 m \ 1 I I I I I I I m H Gp 11 ff) 0000000 00 pa E 0 N N N N N N m N N a N zz mmm %Ptoto Wmm I W H .-I ri rl .4 rl .4 E H .-I .-I �.1 U E 1n [4 q od In in 1n In u7 1n O .] In 1n O H O O I ►7 � I I I I I 1 E i GG11y11 1 1 E H E O G 00000 0 0 0 R r O O-o t- In I cq O GT t- -a O v O F*I WE H 9 1 1D 1O 9 1 MOON 19 OC7 0 c1H 11]+ -1 Om(NI d O 40 (n dr �rnamol � 1rn rn PO O Om ICIm Oma+ -I 0 N W q oom, - 1� omm�om m P6 61 O a M N m O to O Ln O N N 0NmN t- Om Ln r o(O d� Inlnm,im mmo+N00 0 m4rnC- m .i t~ nr U Ti m r v I N N 1 �rl Ch O 0 0 0 0 0 0 0 0 0 0 p p 99 O m m 0 0 0 0 0 0 m W o o O Ln Ln 000000 I n O 1 ll O1 OI EI z N N N W 0 O r- In N O r 0 0% O ID m OOID O1~ 9 r1 r�N O W W E (� O E,mO'1r �manpM s 14 O N H H In rl N N O m E Nm Nrn � C N WRWR E UUUU E pf1-1 po1-InN ol+oaaw m tu pPeji m O O m O r� O rl L� N O e-7 m O wmN al Om Oi -e O C` "I W m W m E H Nri 1�L O r �v O RI o E W Ea N r N r- -1 t H O P O 00000 000000 0 00000 0 0 0 0 0 0 O La In m O N In In VV rl In O In o Ln m aw m In N rl r .i O mm m N ri qw ri a r1 N N r o ri z�b �pj z F dl kl � H H W H H E W 14 U 14 to A 04 of 0 to RMH � H GO r � G) W PG a M a r � Q Io�p U� O a H� w H W H P o H m i rW O a a i W 9 MH H N OM r4 O 10 Pm i . I.� OOrt ,i NNN N5 c�NNN N mmm(n I H Ri E4 \ i 1 1 I I I I I I O IIGG (a 000 O 00 . . O 0 lSlmmm a 0mm Cl) c nrn N IA lR ID l0 (D H t 10 1O 1O l0 .i ri rl .iE Hr1 N rl r1E InNIn NInO ►�In In NInhO H O I U I I I I E p ( � i 1 1 1 1 1 E H E r-I � G � 0000 " 00000 C7 0000 0 0 0 o 0 � fi 7 'Z O C! OO OO O O[i . d° '1 0 H .-1 . -1 . .4 1-1 O O O O p 00 00 O O 99999 0 0 99 O RWWlJ gl 00000 OO OO O OON 1�� O OO N F " m-0 W cow w 0401 N N m in 0.0 0 0 00 00 O A 0 0 0 0 0 0 0 O O O r7 00000 O O 00 O E O H 00000 O O 00 0 �.7 99999 0 o 99 0 W ri U O O O O O 00 O O O H O � E " N aEH YY11 O 0 0 0 0 0 00 0 0 O W W m 00000 0 0 0 0 0 P4 � >a F 0 0000 C C 00 O to H H O El I 0 00000 0 0 00 0 W 00000 OO 1n 1n in E O O N 1n r 1 o 1 n 1 f Rl a�H m10 WW rnrn N (n Ln 'I ' iA 7 m La O E O m m V1 C-1 Pq 0E-1a E W H U Upp x m iy H iii E U E�W ra W �q �W E a W � a � �UUU6q� Na H W� *'1 V O ri r1 rl : tiff l�'1 w O H yHd' G10004 O ujO O �U W u7 1n 1n 1[7 � W W 1[7 IA 1•� 1 � � r C7 H in1 ln0 14 to Ei Ln0 O o I wCC pU a G����E W py W H It E co �+ OU O a00o0 O 0 N r 00 0 W L 0 0 O OC7 M H "Z 00 O d° rl 00 O q O O O 0. W 00 0 U 00 O O O O Lo Ln LO z N N N 00 O A O O O P O O O O� E U W W 00 0 pppH COS E U 00 O �P� rl 00 O O O Lo O H 0 El H O DS O 00 O W 00 O i7 V 1 In C N N N 1 W z V44 w ea p ea EE E q z EA w al hl U 'L W �k11 O �yzW pfi W � ED, R O �i E Wa pp V I Er N a U' Oo ooa0000l*Ir rfrlOOU1 N w H O r m M O O LO .-I W W ODMOMO V N 8*INOOrI O1 A at al ry li a11 mr rn rn m� - W P P4 H 'i 00 V 0000 W C O O m m �m 00000000 000 C! 00 W W 0Oa4 mole of m Iq o 8.1 rn 09 rr 00ON rIONN OW NOm at W 1 OOmm 1 m NO 1 moor sN N N W I(1 R1 Vm r1 I!1 r vl rl W m m r r N .> 00 0000000 0 0 0 0 0 W p 99 O o 0 O 0 0 N N 99999 N P4 O o 0 0 0 0 0 0.- 00000 H E M 1 W W O1 E r r r z oa 0901 00000018] rl N000 N N p� o 0 0 o rn o 0 o n r rn o 0 0 01 n W W mm oolnolno ma H000 a m H CS tJ N N rl N -0 m O1 N rl rl N O I M m 8h a r .i N m E N N N N N ul 0101 OO W OOOMrA N000N N � . o0 oorno oon r ls000rn r V FGa ?+ Ye mM oo'i M -Vr 61 -l P E NN NN Ln H E p O iS0 00 o OIn o 0181 001810181 O W 00 O O N N O O O a O m N 0 0 181 La E 00 O O m m O O 0 .1 N o O O W r to m W In N U .-I to r *i .-I .i W Cl . N A •� g H U U W m E m a 94 Ls m E a P4 ci to E-4 m °� � m x N a 54 am l u l l>I � aw R9 W H 94 Pd a U E a �a o�ma L N W d o W m W W r rn+a0 0 000 TIHN H 1� M 1 0 U NN NNNNN� ml�'1mm p H 8� 81'1 8� 14 1 {le \ I I I I I I I PPPPPP111III ri W C7 a0 C]O 00 00O OOOOO 0000 O H $ O I.� 000 m 0000 N pZ� II �1� fA�val�vaptr W •�aaa I Wj E r �o r r r r n r r E H n r r r E U m C9 Inp In Ln,nLnIn1nInO a mm cnInO O I G! I H [.1 1 f I I I I I E C4 I I I I H H 1 a Ix ., (If *i ri `4 .4 *q r i .-I IS8 ri ri r1 rl a � e W w 0 0000 O O O O WA t7 .ia r m ��� rnrn woos moom oa 10 Ot7 1010 moom moor 00 m Q(� rn rn m o o m m o o m 00 m d^ p (t 1-4 rl 1114 1414 oo d moo " oo R�11 pW$G as a 0010 moom 0 11 D rnrn 0000 r1oo. -1 00 �1 p In LO V'lnoa moom oo cn W U 00 mN00 Ominm 00 eft OO n 10 10 w in m in w w 10 .1 w r1 .I m N N m m m m P 00 0000 0 0 0 0 00 - O W l W a 99 9999 9 0 0 0 99 O �i P4 00 0000 OOOO Do 0 O E U w w w O O w r o o t 00 0 W o o rn o o ar m o o m 99 m C �l l r-I r o o� a 0 0 m o o F �a 0 jd N W O "++ %Gw wOOw Ch OOr OO o/ arr 00 m00 Ch m 00 m a NN efl O® .-i oo� 00 01 m W 14 r4 "4 .a 01 a N °° 10 10 a iS0 mm olnoln 0000 cc m W ri r - I 0 NON omto m 00 r � m a H ww m a 1n m 1 N Lt 1 N i7 00 riea riri m as m 01 of o ri rq t d� mm a mm mm m m 11 V3 a U V3 [7 am a �a a s x� `° W W dU t a m W $ a [ d H 107 .4 U m W W W H U3 m H W O I Dq N W {Yi O 1n w of U O O In p1 2.1 U r•r s.a W o N" N A w Ln W W o Z W N N N m m m v i3 a m DS 1 H m 140 Aoao 000 Wo H o 017 000 m000 Ln 11�� N 1 p � r- r- r-r-f F Hf --r-n �q O O n H U 1n O H u1 a rn m m O �1 1n ul 1n H u7 W H U 1 1 1 H H H 1 E a E oPmWi A W 0 10000 boon lar0 WW U aanlor.rla000 o� a € F �7 H monoMrNrlor om a OC7 MC�CfO V1 i[lmromoM M Of C1 W O W W W W O W O T Cf m000lnMO W oN on r f� W P! 99 m m O N O OI 01 y P�i U owaoLowmr -Orn Olt H W W NOM NNO oa a M N C1 1(1 N V t0 W M O r r U M W O N W N N N H N N 7i N N 000000000000 O �1 p O O O O O O O O O O O O 00 00 000000 00 O O ifl E N 0 0 0-0 r O N 0 m 0 M M W rin 00.!. -I r d!or 00 O E Q U O N 1C p N .-f co to V 0 0 O q H O I M Ln N M WV M fn M M F N H O H N U lYl N000 VM r 0N0 m OM (n x �Iroo,�. -Ire or o0 0 U PG N }i 0 In O O d' w M QI 0 u1 0 Ch m o c4 in W N M W N M -0 co M frf M .7 0 N NCO Wa�OOMMnp111p .i w W rl r 0 m w w W O O O In Ill La Il W rl N L Cf r r LI) V' O O C p r W NN ON NN 111t0 W p M oI n w o) M N N aU uj DD UU pq w m I gU E 03 H '�+ H UU� E E�FW N H f H � q E 9 W Z H x 3 a w CS w�iP4SgaW P >uI o a W rI N M y lrl to r m o� o ,a W PO w� W I[I u� u1 u� 1n 1n of �C1 1r1 Io Io µ; 0 >- 1G000000o000 o W o0000000000� N O O O O O O O O O O p In C1 CI m C1 CI o o o o Lo uT O pi In m u1 u7 1r1 6 IA u1 1A of u1 O O O l a q` I I I I I r I I f I E E � c� G w � 0 08 8 -■ j §� \\ � 2§ chM §§ } § JJ J § ° G b 82 8 $ MM 00 o §q � —A R §� 2q §R 00 0 Ara R §§o � 2 k _ p t& \ ( o C § ■ �& a � �§ �� � §u ;m § § Mf § § § pq�K § a 2 . � E-4 'a in _ § G§ § k k, A 0 0 o m , _ §§ QQ S ( ° § § § § q 3 §( § \ § mOi � 1 § § kcn m c] § § § § § \ 2 § ° LO m n EA § § / k �r o j� } I / �q �§ § \ §Q § � §ka I 22 §§ § U! § 00 §m\ 2[ 0 / j §2kk | _ §§ k r r ca 0 Go P a It / j B 2 ■ § N | � OD B � 2 2 � q § E-1 §a § k Q N 2 R 1 N 2 . § § § ■ § m § ) anS § mT 14 G 0 _ o o Cq cqI t- o E, I - - -1 0- i l l o � 9 9 99 9 1 � 1c 000 a. 0 0 Ch -0 00 0 dp 000 a cn fn m M Ln 0 r- C5 0 In 0 0% " 0 cm cn M LO in C co . r- a, N 0 0 r. I ! -! Ln 01 1� N I 40 w m r-I %D coo 0 g 0000 00, 0 9 9 9 9 9 9 C ! 9 9 1 9 000 0 I 0000 O 0 OH pq 0 0 0 0 0 C; C4 eq N II D(D 000a, mo m O it 090 %D w C � O 1 9 01 W A E 0 m 0 o C; C� C� II 0 It a m Ln W H I rj N r� CD IV Ln N 0 E-1 r-I rl- I to w Ln o P4 E L) E-I m 000 0 0 0 0 Im Im Im 0 Im 0 m 000 ID r- C; 0 0 C� N E 0 �I r-I 0 LO 03 w I i C i 1 � L' i I i r. OD to cm %D Ln E-I H 0 o ID In CI . 0 11 0 O M 0 0 (a C � 7 1 C � C � OD t- %D r- - im OD I- Im m r� OD 4 Ln im cn C4 rq W %I; q N W W O g M F.Q 0 z C4 m M. -1 P4 a] P v GO N La C) C E 1 O m 01ca F4 P, H Eq 0 0 E-1 E-1 o� ww H co 00 ° 0 00 m � O L1 �ji 00 00 000 01 P qH 000 01 ' 0 0 0 0 000 O Q 00 0101 000 1 W C C M (n in men Of �.1 00 -111 m r 1O V H H NN 11]QO r .a.i rr rnmm m .-I N m to lO 00 00 000 0 w o 0 o O 000 0 00 o 0 0 0 0 0 N z W I 00 00 000 O W 00 0! 01 000 01 fr7 id W 00 M m 000 m H 0 M I C] .-I rl N N M E ri ft r n m N P H x a m ° a ° o rn rn 000 a oo m rn coo m 11 H !� � H E H � N tV t H O - I ppyy o � a 00 i p O Oo 00 00 b l co +n � o O Ch a0) W11 � ,i O1 rf rl [d N M sD 10 99 z H z, ts th Q '[�P aQ g p� Y ��� 7 j H W CI4 OQ W i 01 1 y � 0 H 8 03 w N m u 0 [�� M U La �u E .' z EEII p N rl 07O a pz7 O �] 00 �s7 al H H E � a G4 2 00 f � P4 1f1 Ha Ez� m k7v� _W_'vQO O I m]N E OJN H NN E 14 o W O H ' fl O 0 0 0 0 � � _; 0000 § f§E 000Q � § HQQS k § §§ §§ § 2 \ \\k k r11 �� CD 2 I © R G § § §§ 0000 �§ 0 R� § §§§§ m MM 0000 0 � §0 / K mq §§§§ k § §) �§ 0000 Q m H0 ■§o o2 2 § 00ND It § �3�Ln G § Bk � M j ; Go OD § \� B § § §uo§ � § C4 (n § m■ u�Cq (4 � d k kj8j ecom U, ]■Lnn0 0 j S§ § §000 r N Flu W 0 0 0 0 0 0 0 O [ FF .z 000 000 O el H 000000 O 000000 0 F4 H H H H H H H Q 0 0 0 0 0 0 O O O o O Ill Ill Ili rn ° ate ° o. -0 -� M 01 Ll] In Ill N r I- pp �� t- N .-I N IA im at m H P I H O i lr H N m m 000000 O D 0 0 0 0 0 0 O �R 000000 O E 14 kl 000000 O 0 0 0 0 0 0 O 000000 O H 0 1 � H o `-' N H Qi H V V1 000000 0 p1H 00000 0 0 aG a �+ 000000 0 W [d .T. H �I H O A' 0000 to Ill �[q N m014 M O I[7 I(1 Ill N l: [: W � H N 1�1 lrl P4 W H H 09 m� 03 ra I» gy H p q H Gp H E-1 v h7 kl H a +N-[ H � � H E .-I N-0 I(7 W H H O V O O 0 0 f]l pJ V� I 'd� tUA}i UR R pp CD o O r i N H E E I a NO Q 0 0 N 0 0 0 N N i CJ O I- a N N kl pEd z O m O O O O (J N O I` N m M I-e O m m m m � � H 0 0 0 0 O O O 99 O W O ID " 0 O i.1 O OI CN OI 01 ICI 111 N ir{ m U aO ON N x rnN m 1 ri ri q 0 0 0 0 0 o0oo 0 O a o 0 E U N N N W O O O O O m 0000 O H H q U O O w iO 0 rn qq 1 111 [gym m m 14 Io m to H O ` N M O c E n 0000 O L4c 00 00 O O W %D O O p H I n�nm m 1pg9 O F EHO � o�q p C 0 0000 O 0000 0 W E W IC) C 0 In In C .� o In co m P 0 cn O1 m M ql H H FM O to no E N vi q n r4 G ril A m 2 �7777 a v a P1 UA 14 50 o o N d� Q�i w m m EI Ww E u7 W ICI O O I$ H I I I E E 000 0 cq cn FT4 0 ! 0 ! 0 v V T m§ 0 r, 0 ! / k / U i u § ( Ln r- t- o 0 N n C4 C, 0 0 4D 0 000 0 � § 0 C; C; C; E-P 0 E-1 a 4m Ch 9 F-I EA C%l 0 n ° k § Ln H � , I t 2] O B (A cri (h �� § & m al m 04 �q b. E-1 Ln tn \ P "Ut (n Ch E-4 H @ 0 coo 000 0 C3 Go E-1 - C � C i C i LM N Ln t- r r� L- t C C C%l P4 /�� co H 0) 2; H 03 04 § uo / �� / § } \ � N LO Ln )k § OD co ER R Ln 0 0 0 H E-1 E-1 I a N C 4 C, 4 � E-1 �{ a - ■§ § . §§ k| k �§ & Q $I � § k� -0 §� �] %v Ln —k § | §�� 2 q ■| � CA 3 § m� CI §`� § LO \ G - 2mk k ° § _ §k G j gyp § 1 § 2\ co § , ` § § - El § ; 2 to N § 1 k § ) § § W. § k E4§ § 2 N Ln a ? § a ■ § q k _ M q _ I lk�u F R CRA BOARD MEETING OF: November 12, 2013 X I Consent Agenda I I Old Business New Business Public Hearing Other S UBJEC T : Purchase Orders SUMMARY: Attached is the purchase order report for October 2013. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RE COMME ND ATI ON S: Approve the purchase order report. Susan Harris Finance Director MIAGENDAS, CONSENT AGENDAS, MONTHLY REPORMCompleted Agenda Item Request Fors by MeetingTY 2013 - 2014 Board Meetings\Nov 20131Purchases Less Than $25,000.docx Boynton Beach CRA Purchase Order Report Month: October 2013 Vendor Amount Funding Source Description City Towing $15,000 02- 58400 -444 Commercial Fa ade Grant T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingslNov 20131Monthly Purchase Order Report 2013 CRA COMMENT LOG Date Name Comment kt See attached letter RE: 10/21/2013 Letter Bob Carlyle Marina Landscaping Giovanni arquesz- Fashion Shoppes Nice job with Pirate 11/4/2013 Email Boutique Fest/Mermaid Splash Thank you for allowing PNC to be a part of Pirate Fest. She did not realize how many Trang Dao, Asst. people would be attending. Branch Manager Very pleased with the public Theresa Utterback, thanked PNC 1114/2013 Phone Call PNC Bank turnout for being a sponsor. U tt e r bac Theresa From: Heather English <boyntoncra @yahoo.com> Sent: Monday, November 04, 2013 10:56 AM To: FSBmens@ATT.net Cc: Utterback, Theresa; Brooks, Vivian; Simon, Michael Subject: Re: Holiday Extravaganza in Downtown Boynton Beach! Thank you Giovanni! Have a wonderful week:) -------------------------------------------- On Mon, 1114/13, FSBmens @ATT.net <FSBmens @att.net> wrote: Subject: Re: Holiday Extravaganza in Downtown Boynton Beach! To: 'Boynton Beach CRA " <boyntoncra @yahoo.com> Date: Monday, November 4, 2013, 7:51 AM Your team did a nice job with the Pirate Fest hope the city and the community enjoyed all your efforts. Kind Regards Giovanni Marquez From: Boynton Beach CRA Sent: Monday, November 04, 2013 10:25 AM To: fsbmens @att.net Subject: Holiday Extravaganza in Downtown Boynton Beach! Bob Carlyle RECEIVED 625 Casa Loma Boulevard OCT 212013 Boynton Beach, FL 33473 riOYNTON BEACH CRA Boynton Beach CRA 7 10 North Federal Highway Boynton Beach, FL 33435 A-Kn: Director October 17, 201 To Whom it May Concern: at an "Absolute Disgrace"! You call your organization the Community "RE- Development Association"? It should be called the "Community I Don't Care About Association". You spend all of this time putting up signs, plaquards, and promoting that people should come downtown to eat, dine, fish, dive, etc. Have you ever bothered Walking, Driving, or Even Looking at what it looks like around here? For Starters, you spent money reshrubbing and decorating the Marina by the Fishing Boat and Jet Ski Rental. There are more "Weeds" (which by the way are a lot taller than the shrubs) in the beds than there are shrubs. The Gardener comes and just ignores the plucking of weeks. When I asked him why, he rudely told me it wasn't hic, job and the CRA didn't pay him enough to pull weeds. Have you bothered looking at the weeds (some are already TREES) growning on the North Side of the Marina Village Buildings on the street running out towards Federal Highway? Most of the shrubs are dead and gone, replaced by weeks. Those shurbs that still do exist have weeds taller than the shrubs growing out of them. The same is true for all shrubs in these common areas surrounding the Marina Village Aparetments. And what's with the ugly brown and black underground sprinkler hoses that are exposed everywhere? Oh, they look really pretty when all of the plants are dead and all we see are broken exposed hoses! And What About the Bridge that Crosses over to Ocean Ridge over the Intracoastal? Has anyone ever notices that Dogs use the Walkway to Poop Everywhere? Someone seems to have a Big Dog that Poops every day and the walkway is lined with Dog Feces. Very attractive, especially with the flies eating it every day. And how about the Nice smell of the Dead Fish and Rotting Seafood that sits for days in on end by the Fishing Boat Sea Mist here until the Garbage Truck comes a few days later. It's enough to make you vomit sitting out there. Is it any wonder this place looks like Crap? Shame at you folks for doing nothing. For paying Contractors who don't give a hoot about their job and leave weeds and garbage in the shrub beds. This place looks like a slum. Would be nice if you all really cared. I will contact the different News Crews one by one from different TV Stations to come down and take videos then come interview your team who doesn't care. Bob Carlyle 9 u? f BOYN =BEACHiCRA CRA BOARD MEETING OF: November 12, 2013 Consent Agenda I I Old Business I X New Business I I Legal Executive Director's Report SUBJECT: Consideration of Issuing an Invitation to Bid for the construction of the CRA owned Public Parking Lot Project Iocated at 208 NE 1 St Street. SUMMARY: The CRA Board approved the funding in the FY 2012 -2013 and FY 2013 -2014 budgets for the design and construction of a 58 space public parking lot on the CRA owned property located at 208 NE 1 St Street (see Attachment I). The design for the parking lot project received final site plan approval from the City Commission at their August 20, 2013 meeting. Once site plan approval was obtained, the project's design and construction drawings were submitted to the City of Boynton Beach Building Department and are currently being reviewed for permit approval. It is anticipated that these plans will receive final building permit approval by November 19, 2013. CRA staff and legal counsel have prepared an Invitation to Bid document in order to solicit cost proposals from qualified contracting finns for the construction of the parking lot project (see Attachment II). The design plans and construction specification documents will accompany the Invitation to Bid document once they have received final perinit approval from the City of Boynton Beach Building Department. If approved by the CRA Board, the Invitation to Bid would be released within three (3) business days after obtaining final permit approval from the City of Boynton Beach. The Invitation to Bid submission deadline will be 45 days from the issuance date and brought before the CRA Board for review and contractor approval at their January 14, 2013 meeting. FISCAL IMPACT: To be determined - Budget line item 02 -58200 -404 CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, CRA Redevelopment Plan RECOMMENDATIONSIOPTIONS: Approve the Issuance of the Invitation to Bid for the Public Parking Lot Project on CRA property located at 208 NE 1 st Street within three (3) business days of receiving the final building pen approval from the City of Boynton Beach. Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board Meetings\Nov 2013NITB - Parking lot Project at 1st & 1st.doc A TTACHMENT I n s ti f Ef � '� t I y r r { r � s � r a (4 S t bo r r ,rr l\ VA f 9k � s r AN I r i s t O O n� Q 0 N� M C 0� O. rp r� 3 c D• rp O fp CD ( O C D n cn v, cn O � N p � ffl ` � � n � '{ C as :3 `�. n O r. a z as M - m O (D, n O Orq C S 3 � C O O r+ �•, CD n z CD F4 `C CD m CD ,•.�. rD O O 00 O ti , N e+ c c 'c a O 'U Z � lit it Y �Ir o-tr ul i }S 4j,SS Z'— F fi z � �... I � Lf 1 k Iz G r ,: I � LL t 1 { } S $ k it t� �R11 � y _ CD '.�� �' ? ?3..' +. r §�s< <� }t U3 VJ 4 , { 0111111" G P} 1 11 40 " cc , k, ���'� , G pp i� a3 ltStRli�lS7f.22�.�AE # ���Ani 1�S1 Sl , ��rr 1. 4 <` � �• p) ,r , 9t cu U - ��� cat a: I �ta 0 m ATTACHMENT lI ,'01 zs l {' P rs��l�ffislm9;s fr $?� a o C RA The Boynton Beach Community Redevelopment Agency ( BBCRA) will accept sealed bids for the project listed below. The BBCRA will accept sealed bids at its office, 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE . Eastern Standard Time, and then publicly opened and read at a Bid Opening. All Bids not received prior to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. Invitation for Bid documents, construction plans and specifications must be obtained fi °om the BBCRA office or website at www.catchboynton.com The BBCRA will accept bids submitted by licensed General Contractors. At the time of bid submission, each bidder must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified Work. A bidder is not a responsible bidder if: 1. They do not hold the requisite license(s) to apply for and obtained permits required for the work, and 2. They have not completed three (3) or more similar projects for a public entity, developer, homeowner or condominium within the past forty -eight (48) months. 3. They have been a party to litigation or arbitration aiising from a project for a public entity within the past forty -eight (48) months. 4. They are not able to provide proof of ability to obtain a bond to secure completion of the project. 5. They ha� not attended the mandatory pre -bid conference listed in 1.4 below. 6. The, % - have paid liquidated damages to a public entity for a public project that was delayed more than ten (10) days, within the past forty -eight (48) months. 7. Thev were the contractor on a public construction project that incurred cost over -runs in excess of ten percent (10 %) of the amount of their bid amount, within the past forty - eight (48) months. INVITATION to BID For the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1" Avenue & NE 1 Street & Sidewalk Connector Located at 208 NE 1" Street, Boynton Beach, FL Issue Date: TBD. 2013 Submission Deadline: TBD, 2013, 3pm No Mandatory Pre -bid Meeting Page 1 of 22 BOYNTON BEACH COMMUNITY REDEVELOP1:4ENT AGENCY PARKING LOT PROJECT — NE 1 ST AVENUE & NE I ST STREET AND SIDEWALK CONNECTOR The Board of the BBCRA reserves the right to reject any bid submitted by a bidder who is not a responsive or responsible bidder as described above or an incomplete bid. A submission that is not timely is not a bid and will not be opened or reviewed by the BBCRA. ALL BIDS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. INTRODUCTION and BACKGROUND The Boynton Beach Community Redevelopment Agency ( BBCRA) has recognized the importance of commercial and residential redevelopment within the downtown core area as a major component of the BBCRA's Redevelopment Plan,, In June of 2007, the BBCRA completed the acquisition of approximately .64 acres located at the NE corner of NE I" Avenue & NE I" Street. The intended use for this parcel of lnnd was to create a public parking lot that would provide additional parking spaces for existing.and future businesses as well as the visitors who attend the mane CRA sponsored special evt. is held at the City's Amphitheater located in close proximity to the proposed parking lot. The CRA has also identified the lack of downtown connectivity as detractor to private investment and redevelopment. As such, the CRA is including the construction of a public sidewalk within the City of Boynton Beach right -of -way lying between NE I" Avenue to the north and E. Ocean Avenue to the south to connect the proposed parking lot project to E. Ocean. Avenue. The scope of work of the Parking Lot Project — NE 1" :Avenue &'NE 1" Street and Sidewalk Connector is to construct a surface parking lot along with lighting, landscaping, sidewalks and signage. LO COST BID REQUIREMENTS The Boynton Beach Community Redevelopment Agency ( BBCRA) is accepting sealed bids for the general contractor selection process and to enter into a contract with a qualified responsible individual or entity to provide and complete construction, installation and services consistent - with a construction delivery process for the following project (hereinafter referred to as the Project): BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1st Avenue & NE 1st Street & SidewaIk Connector General Information The Project documents available fiom the BBCRA constitute the entire project that is the subject of this bid invitation. 1.2 Scope of Project Work Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, as specified in the construction plans prepared by Kimley -Horn & Associates, Inc., a Page 2 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR consultant to the BBCRA. The scope of work (Work) includes but is not limited to the following: 1. Construction of a 58 space surface parking lot and sidewalk connector. 2. Landscape, hard scape, lighting and signage site improvements. See Attachment "A" Construction Documents last dated TBD 2013, (available online at the BBCRA's website, www.catchbeEgLon.c or on disk at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. The construction documents supplied by the BBCRA have been reviewed and have been approved for permit issuance by the City of Boynton Beach Building Department. All construction is to meet ox exceed all materials quality specifications. No deviations from plans will be approved without prior written request, notification to Owner and formal approval issued by the Owner. The successful bidder must provide all storage of materials, either onsite as approved by the Client or offsite as needed The selected Contractor is to pros ide a full -time Construction Manager assigned to the Project. The selected Contractor is to provide all storage of materials, either onsite as approved by the BBCRA or offsite as needed, but at no time are construction activities to impede access, parking or deliveries to the existing restaurant(s) or other active marine businesses utilizing the marina area. In the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide written notification of activity, a schedule of construction activities and a guaranteed completion date of activities. The Work included in this project consists of furnishing all tools, materials, equipment and supplies as well as the performance of all labor, handling, services and incidentals, including applicable taxes necessary for the Boynton Beach CRA. The foregoing description is general in nature. The scope of work is more specifically defined by the Contract Documents. 1.4 Personal Investigation and Obligation of the Bidder(s) Each Bidder shall inform themselves fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so shall not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. At the time of the bid's submission, each Bidder shall submit a completed Site Inspection Confirmation form as attached and presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and construction documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to Bidder's Bid. 1.5 Project Delivery The completion duration for construction completion is anticipated to be no longer than 180 days from the issuance of the Notice to Proceed. Page 3 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.6 Type of Contract Any contract awarded from this request for cost bid will be negotiated with the successful Bidder and in a form approved by the BBCRA Board attorney and the BBCRA Board. 1.7 Direction and Management The scope of work of this Project will fall under the direction and management of the BBCRA or its designated representative or agent. 1.8 Contacts A. Questions regarding this ITB & Overall Project may be directed in writing to: Boynton Beach Community Rede-, elopment agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 600 -9091 or email: simonmabbfl u s Answers to written questions shall be maintained in the BBCRA project file and are available to all bidders to review. B. Questions regarding the Construction & Design documents may be directed, in writing. to: Jason Webber., P.E. K mley -Horn & Associates,, Inc. 1690 South Congress Avenue. Suite 100 Delray Beach, Florida 33445 Direct: (561) 404 -7250 Cell (813) 480 -6760 Jason,webber(i�k coley- horn.com www.kimle Answers to written questions shall be maintained in the BBCRA ITB project file and are aN ailable to all bidders to review. 1.9 Submittal Deadline The BBCRA will accept bids at the location listed below until 3 :00pm, _TD, 2013. It is the responsibility of the Bidder to insure that submittals are received at the designated submittal location by the Submittal Deadline. Bids received after the submittal deadline will be returned to the Bidder unopened. 1.10 Submittal Location The Bids must be received in the office of the BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. Page 4 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR Number of Copies In total, one (1) bound original of the Bid and one unbound (1) but clipped copy of the bid is required. In addition, one (1) digital copy of the Bid in PDF format on CD /DVD or thumb drive is required. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Bid as: Response to the Invitation to Bid BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1st Avenue & NE Ist Street & Sidewalk Connector Date Issued: TBD, 2013 1.12 Selection Criteria The lowest responsive and responsible bidder will be awarded the contract. 1.13 Public Information Statement The BBCRA considers all information, documentation and other material submitted in response to this solicitation to be of non - confidential and/or non- proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. Clarifications and Interpretations 1.14.1 Answers to Questions Bidders are required to restrict all contact and questions regarding this INVITATION TO BID to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing, no later than 5:00 pm, TBD. 2013. .Answers to questions will be provided no later than 5 :00 pm, TBD, 2013. 1.14,2 Clarifications or Interpretations Any clarifications or interpretations of this INVITATION TO BID that materially affect or change its requirements will be issued by the BBCRA or its r ;presentafix a as an addendum. All such addenda issued by the BBCRA before the Bids are due, are part of the INVITATION TO BID, and Bidder(s) shall acknowledge receipt of and incorporate the requirements, of each addendum in its Bid by completing and including in their response package Attachment "B" Addenda AcknoWedgeinent. 1.14.3 Addenda Bidders shall consider only those clarifications and interpretations that the BBCRA issues by addenda at least five (5) days prior to the Submittal Deadline. Interpretations or clarifications in any other forin, including oral statements, will not be binding on the BBCRA and should not be relied upon in preparing the Bid. Page 5 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.15 Obligations of Parties 1.15.1 Assumed Requirements Bidder understands and acknowledges by submitting a cost bid that the bid being submitted is based on assumed requirements for the proposed Project; and, that the BBCRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the submitted cost bid. Bidder is required to qualify all assumptions it makes. 1. 15.2 Costs of Bid Submission Bidder understands and acknowledges bry submitting a cost bid that any and all costs incurred by the Bidder as a `xesult of the Bidder's efforts to participate in this selection process'. sb,7all be at the sole risk and obligation of the Bidder. 1. 15.3 Reimbursement The BBCRA will not pio- de compensation to, Bidder for any expenses incurred for cost bid preparation or for any presentations made. 1. 15.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this INVITATION TO BID, and the BBCRA Board reserves the right to accept or reject any or all bids, waive any formalities or minor technical inconsistencies, or delete any Aem /requirements from this INVITATION TO BID or resulting contract when deemed to be in the BBCRA's best interest. Representations made within the Bid response will be binding on Bidder. 1.16 Completeness of Bid 1.161 Completeness Bidder(s) should carefulij read the information contained herein, it is the responsibility of the Bidder(s) to submit a complete response to all requirements and questions. 1.162 Conditional Clauses Cost bids v4bich are qualified with conditional clauses, or alterations, or items not called for in the INVITATION TO BID documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. 1. 16.3 Compliance Failure to comply with the requirements contained in the INVITATION TO BID request may cause rejection of the Bid. 1.16.4 Rejection Bids submitted after the Submittal Deadline will be returned unopened. Page 6 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.17 Withdrawal or Modification A cost bid may be withdrawn and resubmitted any time prior to the time set for receipt of bids. Outside of the approved negotiation process, no cost bid may be changed, amended, or modified after the Submittal Deadline. No cost bid may be withdrawn after the Submittal Deadline without approval of the BBCRA which shall be based on Bidder(s)'s written request stating reasons for withdrawing the bid that are acceptable, in the BBCRA's sole discretion. 1.18 Ownership of Bids Cost bids and any other information submitted by Bidder(s) shall become the property of the BBCRA; however, the BBCRA may return all other Bid information, upon written request, once a contract award is made. All "techniques bids" or other deviations fiom the pricing requested must be submitted as alternates and will be considered only if the bid pricing information requested by BBCRA is provided. 1.19 Validity Period Bids are to be valid for the BBCRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for e aluation and selection. A Bid, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. 1.20 Bidder(s) Acknowledgement and Compliance Certification Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Certificate exactly as shukAn in Attachment "D" Bidder(s) Acknowledge and Compliance Certificate. 1.21 Tentative Schedule of Actions 1.21,1 Release of Request for Bid TBD, 2013 1.21.2 Bid Submittal Deadline TB D, 2013.. 3 :00pm 1.21.3 BBCRA Board Presentation January 12, 2014, 6:30pm 1.21.4 Construction to Begin February 3, 2014 1.22 Execution of Agreement 1.22..1 Offer of Contract Upon selection of the successful Bidder(s) by the Board of the BBCRA, the BBCR.. :k will extend to said Bidder(s) an offer to enter into a Construction Sen Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and bids identified by the Contractor in its Bid and accepted by BBCRA in negotiations. 1.22.2 BBCRA's Right to Withdraw In the event the successful Bidder(s) fails to return an executed contract, and can identify to the BBCRA in writing negotiated terms that were omitted, the BBCRA reserves the right to withdraw its offer to enter into a contract with the Bidder(s). Page 7 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.23 Bid Format 1.23.1 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind are subject to rejection at the sole discretion of the BBCRA. 1.23.2 Additional Information Except for alternate methods or pricing, additional attachments shall not be included in the cost bid. Only the responses provided by the Bidder(s) to the questions identified in Section 3 will be used by the BBCRA for evaluation. 1.24 Public Entity Crimes 1.24.1 Legal quirements Federal, State, County and ,City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder(53) will in no way be a cause for relief from responsibility. 1.24.2 Public Entity, Crimes All invitations to bid as defined by, Section 287.012(l 1), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, Attachment "D" Public Entity Crimes Statement. 1.25 Bond Requirements 1,25,1 In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the BBCRA. a Payment and Performance Bond not less than 110°0 of the total cost of the Project. When the successful Bidder delivers the executed Agreement to the BBCRA, it must be accompanied by the required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney in fact who signs bonds must file with such bond a certified copy of their Power of Attorney to sign said bonds. The Bond shall incorporate by reference the terns of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terns and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." Page 8 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR The Bond must be written by a Surety licensed to do business in Florida and named in the current list of "Companies' Holding Certificates of Authority as Acceptable Sureties on Federal Bonds" as published in Circular 570(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of Treasury. 2.0 BIDDER(S) QUALIFICATIONS 2.1 General Directions Bidder (s)'s Qualifications — Responses to the following are to be provided EXACTLY with the item, paragraph, and section numbers shown hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this' Work. Bidder(s) are required to submit a complete response to each requested item that follows. Responses requiring additional space should be inc9rpata_fed in to the Bid as an attachment with reference by item number as listed in tLe &flowing sections. 2.2 Bidder(s)'s Location and Registration Name: Street Address: Mailing Address: City, State. Zip: Telephone No.: Fax No Email Address of Contact Person: Federal Identification No.: State of Incorporatior, & Registration No.: If not a corporation, explain your status: 2.3 Bidder(s)'s History 2.3.1 Bidder(s)'s Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. 2.3.2 Age of Organization In continuous business since: Page 9 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. 2.3.5 Liquidated Damages List each project your organization has., on an awarded contract, paid liquidated damages and the reasons why 2.3.6 Legal Actions List all civil and criminal legal actions in -Which your organization was a named party currently or in the past two (2') ., ,?ears, providing state, case number and disposition for each. 2.3.7 Safety History Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last three years as obtained from your insurance agent. 2.3.8 For each public project completed within the past thirty -six (36) months list: the- narrre ofthe public entity, the on bid amount on which the bid was awarded. then number and amount of change orders submitted by bidder, the amount by which the final project costs payable to bidder exceeded the original bid. 2.4 Organization and Project Personnel Qualifications 2.4.1 Organization Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perfonn the on -site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) performed General Contracting Finn services as outlined in this INVITATION TO BID are to be listed in the table shown in Attachment "E" Statement of Relevant Construction Experience. Bidder(s) are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "NIA" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and a ailable. Projects listed should be as close as possible to the scope of the Page 10 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR projects for this INVITATION TO BID. For each project listed in this table where Bidder(s) self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Bid and note it in your Bid Table of Contents. 2.7 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. 2.8 Schedule Achievement Program Provide a time schedule for completion` ot the Project and describe what techniques are planned to assure that the schedule will be met. 2.9 Subcontractors If a Bidder(s) subcontracts an) portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors ", Attachment "F" Schedule of Subcontractors. BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of` BBCRA, will be in the best interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a bid of any Bidder(s) if the bid names a Subcontractor who has previously failt;d in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in a position to perform propeily under this award. The BBCRA reserves all rights in order to make a determination a,. to the foregoing. Bidder(s) shall include in their Bid a statement that if selected to enter into a Construction Services Contract, that they shall periodically throughout the term of the Contract, provide the BBCRA an updated list of all subcontractors working on the Project. 2.10 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug -free workplace. The bidder shall complete and submit with its bid the attached certification, Attachment "G" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid to be considered non - responsive. 2.11 Licenses Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the project. Page I 1 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE I ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 2.12 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their proposal. 3.0 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H" Cost Bid alon with a breakdown of costs per C.S.I's sixteen diNision categories for the project scope the Bidder(s) Mll responsible for undertaking to complete the project as ep r the construction documents for categories and subcategories as listed in Attachment "I" Costs. Pr are a narrative Scope of Work listing all alldwgp,ces assumptions and clarifications within the cost bid proposal. The scope of the Bidders work consists of the totality of the Construction Finn's duties and obligations under the Contract Documents. 3.2 Self Perform Identify all work your firm would propose to self -perf mn for this program in recognition that such work would be competitively bid and awarded at the BBCRA's sole discretion. 3.3 Permit Fees The BBCRA has pre -paid for the plan reN iew and construction pen fees associated with the project as of the date of issuance of the ITB. The BBCRA will pay the City of Boynton Beach dhectly for any additional fees or costs associated with the completion of the Project Excluding any fees or costs incurred by the selected contractor as a result of deficiencies in performance or oversights in construction management practices. Page 12 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR ATTACHMENT "A" CONSTRUCTION DOCUMENTS Request for Bid documents, construction plans and specifications for the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 st Avenue & NE 1 st Street & Sidewalk Connector may be obtained online at www.catchbovnton.com on CD/DVD disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. 13 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE I S7 AVENUE & NE 1 57 STREET AND SIDEWALK CONNECTOR ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR COST INVITATION FOR BID by entering YES or NO in the space provided and indicating date received. No.1 Date No.2 Date No. 3 Date No.4 Date No.5 Date Bidder (s)'s Signature Title 14 Of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT NE 1 5T AVENUE & NE 1 5T STREET AND SIDEWALK CONNECTOR ATTACHMENT "C" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Release Date: Thursday, October 10, 2013 Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROTECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Bid Submitted By: TRD, 2013. Bids must be received in their entirety by the Boynton Beach CRA no later than 3:00 p.m. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. all awards made as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Name of Vendor: Federal I.D. Number: A Corporation of the State of. Telephone Number: �_) _ - Fax Number: �) - Mailing Address: City __r... State: Zip: Vendor Mailing Date: Authorized Signature Name (Printed or Typed) 15 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 11T AVENUE & NE IsT STREET AND SIDEWALK CONNECTOR ATTACHMENT "D" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid on a contract or provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firms complies fully with the above requirements. Bidder(s)'s Signature Title 16 Of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1 57 AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR ATTACHMENT "E" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE 1. Name of Bidder(s): 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business years under the present firm name? 6. General character of work performed by your company: 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). 10. Bonding Capacity: 11. Have you ever defaulted on a contract? If so, where and why? * Yes _ No 12. Experience in performance: Pr_ _ oject $ Value Contact Name Phone # $ 17 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1 ST AVENUE & NE 1 sT STREET AND SIDEWALK CONNECTOR ATTACHMENT "F" SHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of an) Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Issuance Date: TI), 2013 Bidder(s)s Name: Name /Address/Phone of Type of Work to be Subcontractor Performed Dollar Amount % of Total Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 18 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE l AVENUE & NE 1 sr STREET AND SIDEWALK CONNECTOR ATTACHMENT "G" DRUG -FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -free workplace programs but it is not a requirement to submit a bid proposal. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug - free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such com 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by an) employee who is so conxzcted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the Statement,) certify that this firm complies fully with the above requirements. Bidder(s)'s Signature Title 19 of 22 BOYNTON BEACH CommuN1TY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1 ST AVENUE &NE 1ST STREET AND SIDEWALK CONNECTOR ATTACHMENT "H" COST BID Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Name of Bidder(s): We propose and agree, if this bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract Documents. Having studied the documents prepared by: Kimley -Horn & Associates, Inc., and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Bidder(s) agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. One (1) Original, one (1) unbound copy and one (1)CD /DVD of bid submitted Attached is a computer - generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. EN idence of possession of required licenses and,`or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. 20 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR The Bidder(s), by and through the submission of his Bid, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Bidder(s), by submission of this Bid, acknowledges that the Bidder(s) has been advised that in the event that the Bidder(s) contests the award of this Project to another Bidder(s), the Bidder(s) damages, if any, are limited to actual Bid preparation costs, and Bidder(s) hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Bidder(s). Date Name of Bidder(s), Corporation, Firm or Individual By: Signature Printed/Typed Name Title Telephone Number Florida Contractor's License Number: 21 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE I"' AVENUE & NE l sr STREET AND SIDEWALK CONNECTOR ATTACHMENT "I" COST BID C.S.I. DIVISION BREAKDOWN i. ! , s , j i ` DIVISION 01- GENERAL CONDITIONS DIVISION 02 - SITEWORK DIVISION 03 - CONCRETE DIVISION 04 - MASONRY DIVISION 05 - METALS DIVISION 06 - WOODS & PLASTICS DIVISION 07 - THERMAL & MOISTURE PROTECTION DIVISION 08 - DOORS & WINDOWS DIVISION 09 - FINISHES DIVISION 10 - SPECIALTIES DIVISION 11- EQUIPMENT DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION DIVISION 14 - CONVEYANCE DIVISION 15 - MECHANICAL FIRE SPRINKLERS PLUMBING HVAC DIVISION 16 - ELECTRICAL { c, l SI�',OTAL'g it P „2. i {1 „ Bond General Contractor's Fee General Liabili Permit Fees (Inspection fees or similar fees encountered during the construction phase. Owner to pay all other permit fees directly to the City outside the GC's project cost. TOTAL EONS,'IRi]CTIL?N 22 Of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1sT AV ENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR i r BOYNIO, BEACHi RA-, CPA BOARD MEETING OF: November 12, 2013 1 Consent Agenda JX I Old Business I New Business Legal I Information Only SUBJECT: Consideration of Agreement for Legal Services SUMMARY: The CRA Board issued an RFQ /RFP for legal services on August 16, 2013. Responses were reviewed and evaluated by the CRA Board on October 8, 2013 and the firm of Lewis, Longman & Walker, P.A. ("Firm ") was selected by the Board for the negotiation process of a retention contract. A summary of the agreement terms are: • Term: not for a fixed period; agreement shall be deemed renewed and amended annually by CRA Board appropriation of funds for legal services in the CRA budget. • Duties: legal services including, but not limited to, • attendance at CRA Board meetings, • real estate transactions, • prosecution or defense of litigation, • representation of the Board before other entities, • drafting or review of agreements, • contracts, • RFQs, RFPs, • employment matters, • consultation with CRA staff, • other matters as directed by CRA Board. • Fees: o $4,000 monthly retainer covering legal services of attending the regular CRA Board meetings, preparation for the Board meetings, staff and Board discussion and research. o $230/hour for partners; $190/hour for associates; $150 for paralegals — for all other legal services. o The Firm may bill for reasonable and ordinary actual expenses including, but not limited to, telephone, postage, copying costs, facsimiles, messenger services, court costs, filing fees, service of summons, service of subpoenas, witness fees, court reporter fees. o Firm shall submit monthly invoices for services rendered and expenses incurred. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\Nov 20131Legal Agreement.doc �)1>S�bIDir�g�� f �57tsJl ill?4ti p r�r�r u se s �'� �ar tsvn � A l l mi BO 9, ti �{ (Iv14jg''74f st s o� #as as R I RA • Termination: • Firm may terminate agreement for any reason, or no reason, upon thirty (30) day's notice. • CRA Board may terminate agreement for any reason, or no reason, by the majority vote of the CRA Board without notice. • Insurance o Evidence of insurance for workers comp and legal malpractice insurance at a limit of liability not less than $2 million per claim and $2 million annual aggregate is required within ten (10) days of execution of agreement. The contract is attached for the CRA Board's review and approval. FISCAL IMPACT: Legal fees budgeted in FY 2093 -2014 for a total of $162,208. CRA PLAN, PROGRAM OR PROJECT: All CRA Plans and Projects. RECOMMENDATIONSIOPTIONS: Approve Agreement for Legal Services Vivian Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\Nov 20131Legal Agreement.doc AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT, made and entered into this day of _ , 2013 by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "CRA ") AND LEWIS, LONGMAN & WALKER, P.A. (hereinafter referred to as "FIRM ") WHEREAS, the CRA Board of Commissioners has retained the law firm of LEWIS, LONGMAN & WALKER, P.A. to serve in the capacity of general counsel to the CRA to provide legal services to assist the CRA in its effort to achieve its stated goals and objectives. NOW, THEREFORE, in consideration of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: Section 1. TERM OF AGREEMENT The FIRM serves at the pleasure of the CRA Board; therefore this Agreement is not for a fixed term. This Agreement shall be deemed renewed and amended annually by CRA Board appropriation of funds for legal services in the CRA budget. Any requests for the adjustment of compensation shall be made once annually during review of the CRA budget. Section 2. DUTIES The FIRM shall be responsible for general legal services for the CRA including, but not limited to attendance at CRA Board meetings, real estate transactions, consultation with the CRA administrative stall; and such other matters as directed by the Board. Section 3. FEES AND PAYMENT FOR SERVICES The FIRM is to be paid by the CRA as follows for the services performed pursuant to this Agreement: A. A monthly retainer in the amount of $4,000.00 which shall cover the legal services of attending the regular CRA Board meetings, preparation for the Board meetings, staff and Board discussion and research. B. Legal services shall include, but not be limited to such services as prosecution or defense of litigation, representation of the Board before other entities, i.e.; the Board of County Commission, the City Planning and Development Board, etc., real estate transactions, drafting or review of agreements, contracts, RFQ's, RFP's, employment matters, and shall be billed at the hourly rate of $230.00 for partners, $190.00 for associates and $150.00 for paralegals. Page 1 of 4 C. In addition, the FIRM may bill the CRA for reasonable and ordinary actual expenses including, but not limited to, telephone, postage and copying costs, facsimiles, messenger services, and court costs, which will include but not be limited to, filing fees, service of summons, service of subpoenas, witness fees (including expert witness fees), court reporter fees, etc. D. The FIRM shall submit monthly invoices with summary description of services rendered or expenses incurred and shall retain records which support all billings. The FIRM shall promptly response to any inquiry by a Board Member or CRA staff regarding the FIRM'S billings. Within forty -five (45) days of the end of the CRA's fiscal year end, the FIRM shall provide to the CRA an accounting of the total actual hours spent for the monthly retainer fee. Section 4. DELEGATION The FIRM shall not delegate any of the duties and obligations undertaken by the FIRM without the CRA Board's prior approval. Section 5. TERMINATION This Agreement may be terminated for any reason, or no reason, by FIRM upon thirty (30) days' notice of termination. When termination is by the FIRM, the FIRM shall arrange for the orderly transition of all legal matters being handled by the FIRM. This Agreement may be terminated for any reason, or no reason, by the majority vote of the CRA Board without notice. Section 6. INSURANCE Within ten (10) days of the execution of this Agreement, the FIRM shall provide the CRA with proof of the FIRM' legal malpractice insurance at a limit of liability not less than $2,000,000 Per Claim, and $2,000,000 Annual Aggregate in a policy acceptable to the CRA and provide 30 day written notice of cancellation Workers compensation insurance is required and evidence shall be provided to the CRA of such insurance coverages. Section 7. PUBLIC RECORDS The CRA is public agency subject to Chapter 119, Florida Statutes. The FIRM shall comply with Florida's Public Records Law. Specifically, the FIRM shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt Page 2 of 4 from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of FIRM to comply with the provisions set forth in this agreement /contract shall constitute a Default and Breach of this Agreement. If FIRM fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. Section 8. GOVERNING LAW; VENUE The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. In the event of litigation, each party shall pay its own legal fees and litigation related expenses. Section 9. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver, or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 10. SEVERABILITY Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. WITNESS: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Name: Jerry Taylor Chair Name: Page 3 of 4 LEWIS, LONGMAN & WALKER, F.A. Name: Kenneth G. Spillias, Shareholder Name: Page 4 of 4 , BOYNTO iiIIII��p1�fj a R. RA CRA BOARD MEETING OF: November 12, 2013 1 Consent Agenda I X I Old Business I I New Business � I Legal Information Only SUB Status and Direction of the One Boynton/Kanner & Pintaluga Project SUMMARY On March 6, 2013, the CA issued a Request for Proposal for its property at 222 N. Federal Highway located at the SE corner of Boynton Beach Blvd. and Federal Highway. The only respondent to the RFP was One Boynton the adjacent property owner. The CRA One Boynton proposed to encompass the law firm of Kanner & Pintaluga into their site in a 50,000 - 0,000 sq, ft, office building along with two residential towers and a hotel. The law firm was slated to create up to 200 jobs as part of phase 1 of the development. However, to date, all efforts to negotiate development agreement terms with One Boynton have failed. FI SCAL ACT: N/A P LAN, CRA : Downtown Vision and Master Plan and Federal Highway Community Redevelopment Plan RE COMMENDATIONS /OPTIONS : Staff recommends withdrawing the RFP until at which time the property owner is ready to redevelop the site. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\Nov 201310ne Boynton Kanner Pinta luga.doc BOYNTO' RA BEACH 1, CRA BOARD MEETING OF: November 12, 2013 Consent Agenda I I Old Business IX I New Business J � Legal I I Information Only SUBJECT: Consideration of Request by Boos Development Group for Acquisition of CRA Property at Martin Luther King, Jr. Ave. and Seacrest Blvd. SUMMARY CRA Staff has been working with several development groups desirous of developing a multi- purpose store at the corner of MLK and Seacrest. The challenge for these groups has been the inability to assemble a sizable enough parcel to create a retail development. The CRA owns some parcels in the area and some are held privately. Boos Development who works with the Family Dollar chain has been successful in obtaining agreements with two of the property owners adjacent to CRA owned land at the corner of MLK and Seacrest. However the parcels were acquired at well above market value. Therefore, Boos is requesting the CRA land for $10 and the ability to access the CRA's Economic Development programs in order to make the project financially feasible (See Attached Letter from Boos Development). 1000 N. Seacrest was acquired by the CRA in March of 2007 for $345,000 and until recently was occupied by Jesus House of Worship. This parcel is currently valued by the Palm Beach County Property Appraiser at $94,709. The second parcel was a former convenience store and was purchased in February of 2010 for $345,000. The current Property Appraiser value is $34,744. This is partially due to the fact that the CRA demolished the building and the land is vacant. In order to dispose of CRA property the following steps must be taken: 1. Public notice of intent to dispose of the property must be given in a general circulation newspaper 30 days prior to the execution of any agreement to sell — November 16, 2013 2. Conduct an appraisal of the CRA owned property — November 29, 2013 3. Review all proposals received as a result of the notices of intent to dispose — Jan. 14, 2014 4. Select a proposal that meets the intent of the Heart of Boynton CRA Plan — Jan. 14, 2014 5. Begin negotiations on a Purchase and Agreement — Jan. 15, 2014 CRA staff will request a development pro forma and copies of the purchase agreements for the private parcels as part of the due diligence for a potential Purchase and Development Agreement from whichever proposer is selected. FISCAL IMPACT: To Be Determined CRA PLAN, PROGRAM OR PROJECT Heart of Boynton Community Redevelopment Plan RECOMMENDATIONSIOPTIONS: Direct staff to publish an intent to dispose of real property for 1000 N. Seacrest Blvd and 1010 N. Seacrest Blvd. (legal description of property to be included in notice), conduct independent real estate appr ' als of both parcels and schedule a review of proposals at the January 14, 2014 7 ard meeting. Vivi L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslNov 20131Boos Development.doc BC)OS DEVELOPMENT GROUP November 04, 203 Ms. Vivian Brooks Executive Director Boynton Beach CRA 710 N. Federal Hwy Boynton Beach, FL 33435 RE: Boynton Beaclr CRA Property for New Family Dollar Store Southeast Corner of Martin Lather Vng Ave. and Seacrest Blvd. Dear Ms. Brooks & Other Distinguished Members of the Boynton Beach CRA Board: On behalf of Family Dollar and Boos Development Group, I appreciate your time in considering this submission to redevelop the property referenced in this package. Both companies believe in investing in urban redevelopment and are especially excited to work with the Boynton Beach CRA in an effort to accomplish the goals of the City and CRA's strategic plan. Family Dollar looks forward to contributing to the redevelopment of the area with a significant investment by bringing their newest freestanding store to the neighborhood. This store will help meet the local resident's needs for convenience. shopping for National Brand Name Products at affordable prices, and will provide employment opportunities for those same residents in and around the Martin Luther King and Seacrest corridors of Boynton Beach. Boos has contracted with both of the private owners for the two individual parcels of land which are immediately adjacent and to the east of the two small parcels owned by the Boynton Beach CRA. The purchase and sale agreements with these private parties are conditioned upon the successful assemblage of all the parcels of land within the assemblage area, as well as Boos' ability to obtain all the necessary building permits to construct the new store. In order to complete the assemblage effort, Boos is seeking the support and approval of the Boynton Beach CRA. to sell its two parcels to Boos Development Group. The parcels collectively contain approximately 17,284.60 square feet, or 0.3968 acres, and are located at the southeast corner of Seacrest Blvd. and Martin Luther King Ave., Boynton Beach, FL 33435. Land costs for the assemblage have turned out to be far in excess of the market value of the land itself, therefore Boos is proposing that the CRA sell its property to Boos at the nominal rate of ten dollars. In addition to the sale of the land, Boos is also requesting the CRA °s partnership and support to obtain all available grants and/or financial incentives available from any municipality or gov "t entity having jurisdiction over this project so as to ensure the ultimate viability of the location for Family Dollar. 5789 NW 151st Street 1 Unit B j Miami Lakes, FL 33014 1 T. 305.828,8284 1 F. 305.828.9594 1 BoosDevelopme Boos Development Group looks forward to your review of this letter, along with the included package of related exhibits, and to presenting in person the substance of the information contained herein. In advance of the board meeting, please call me directly at (305) 828-8284, or Henry Dirksen at (561) 713-7811, to answer any questions. We look forward to presenting before the board on November 12th! Very truly yours, Pau:: rmblay R !jI ir Re state and Development Boos ' ' egi al Director, B oos v 10 oostevelopiment Group, Inc. 5789 NW 151st Street I Unft B = Miami Lakes. FL 33014 1 T. 305.828.8284 1 F. 305,828.9594 I OoosDevelopmei EX4IBIT "A" AERIAL VIEW OF EXISTING CONDITIONS: 4 s t a j � 4h t tt rr kis�l - i § 4 t t �h W7^ { l { i - ��"4�, i t1 \ut7n ', {tte r t•;r tt y 't{ {ityriNtr tii c {ttttt >t rs.� , , p,. ccotliF sr, tt ,, 4 a�t�sn ry;i�4 it4 �t,» �t�tatisi�ivvt {it »art -1 #tt {(ctfislSti, tt7 s . 4 §[ 5789 NW 151st Street I Un[ B i Miami Lakes, FL. 33014 T. 305,828.8284 $ F. 305.828.9594 1 BoosDevelopme. EXHIBIT "B" OVERALL ASSEMBLAGE AREA: Ev N s cE I { limp I 9 { } } ��� i f '�� 'I ii„`e 6 t � Ili nao �R �r 5789 NW 151st Street I) Unit D I Miami Lakes. FL 33014 1305228.8284 1 F. 305.8228,9594 1 BowDeve EXH IBIT " C» BOYNTON BEACH CRA PROPERTY: Folio numbers 08- 43- 45- 21 -10- 005 -0010, and 08- 43- 45- 21 -10- 004 -0010 and better described on the following survey. A UM MAR LUTHER KING A BLV t i p .r •.•' � a;Me�uaiano�'we�a'u��ei f�'�'Aema�"'"".ve�nuernx� a tarss�warenrtuA.cvAwnu¢.0 tmwrmrwvomtmi»nraror.T �J mna vc;v+sawvmurc �++t+asatmtrd ®rta+xxrat that I €9 Ixsf LA'✓ nMLLTlb91®0.14PYLBLVQ�tlYMYCq{'RY iWi�+Ali6. t0 xcvrfumra m'tit moos» mnmeon rear twrR x, rAau ntnae I � -.off As mm�uuruawantmurtrnn.va.. C11 I "1 ~` If Ql�r. ut rW l!Iffd wrl AlOt .mMSArN.A1YW4NW4T�TAFaTA[!B{ta v sue+ ,_. trry ro�rsr�trrr ''imi�w�imtre'ravavA�yti`1 K tI - - _ rwu. wouaa.,, rw .�a�AncsPrvvtia...uahmaxao.re:, al ��Tr r msrvfxaa,.•wvmminma,trueaw - - i 1 - !t l 1 ?�i twtrnnw�tstrott�tt zmrtunaraolxmrAe+ttcr !it IOWA a r , e>t�iaurat.nvm I h M E. B TH AVENUE t.t e 0 — ',. �t suRx¢Yag x ®w_ 57139 NW 151st Street k Unit B [ Miami Lakes, FL 33014 1 T. 305.828.8284 1 F. 305.828.9594 1 Boos Develop me F4,XHIBIT "D " CONCEPTUAL SITE PLAN AND AERIAL OVERLAY: IE MARnN LuTmm KING JR. BLVD 0 (IAWAAUn I t --aFTH NE OTH AVE. Nj- QUICK LOOK PLAN 5789 NW 151st Street i Unit B I Miami Lakes, FL 33014 1 T. 305.828.8284 1 F. 305.828.9594 1 Boo0mlop EXHIBIT "D" CONCEPTUAL SITE PLAN AND AERIAL OVERLAY: �-- ttt F . il wwr w 1 � T N676: — am a I g ss •.o�nb� asi �{ i r .__ .. AT QUICK LOOK PLAN 57139 NW 151st Street I Unit B I Miami LaKes, FL 33014 1 T 305.828.8284 1 F. 305.828 9594 1 BoosDwelopme "XIETIBIT " CONCEPTUAL FAMILY DOLLAR STORE ELEVATION_ wl vol � a h � 1 5789 NW 151st Street d Unit e i Miami Lakes, FL 33014 T. 305 828.8284 ! F. 305.828.9594 BoosDevelopme 00 c c: cd ' N O a O 4r A ' ^ 00 CID ^ N 40L R. a' Q a o v1 Y 1. LLI A N LA m 0 ❑ a+ " LJ qA ca +r, E 0 rd V N Ln z OC L > - c En ® fn V a co �i 3 b ❑= m e V u O h®. Of Lu QU J Q O ^ ^ z U1 z LLB J am .. M M d t1. v . Z CO L=L 0 fd9 t04 ? ^ O ED W 0 W w .. N Lu Ln 01 Ln H❑ B O B = U n c 15 rd a i e W O W J m } } ry i i CQ m Z g Z Z U m O A y a., ❑ c N cyl N ce 0 0} } aiJ Q Q ❑ Q Q m O b � � J 3 3 cy } LA H = ° o > >9 N � ^ ^ 0 00 c+ m v N LL M M k 4 m 2 T m o o r LO W m (a vs ffl Q N Z Q 0 QH Iv9 L IM Ln O Z m m C N m o co 01 00 N Q J N 1 O O Do Q M W Q N 0 0 0 0 ~ Q V tb O CL N LL f1 Ln 0 'J w -le 4L O O kv n = oo ° oo ° O O 00 . a '� m 0; — o Ln .- o o a U Q y Z "O to w i u Lf N a w :J .Q p O C '` M 614 fa4 Q is m �J w 3 b-4 L; w C.; 3 �. ® u 0 J U V 2 C' x 01 ❑ --� fd u w J Q di u `a, 0 m ° cc 0 0 ^ Z Ch w Z Z s: H � a Oo 00 7 U O le LY w 0 0 LL } y LL LA. Z Z ❑ } m m N 4-+ O Pk \ � C) C) 0 C) W-1 bl., W, C6 06 r� N i 6-k t04 2 404 J$ ro m .1 V a 0 0 0 \ �:� f ; } 3 It 4 *ft 4.1 6-t 11 % I' t qt V r" r" 4A fn M 0 2- E ed W ( d w 45 M ej rd 0 �,- " — > 7s > > J - > > 0 — CA SJ x CL m I.J ............ ............... ................ 00 C=> (U . . ........ . . — --- ---- ................ ... F4 O co r. w M oG z AA AA tz o, a CP rn r 3: u %l 0 en p- 0 = = Z L) LL. Q id kv Ln V cc (A cl 15� r4 LL qv V z D M m E = 0 0 u m 0 V) W u E 0 C LL 00 Ln m N Z LU z ;5 u >- W N 0 LL 4A 40:0 404 0 z 0 cc 0 ;z 0 L Me z 0 eq ru im W —j rL LU uj LU uj LW uj a 0 0 z 0 (M D r'l 4A CL V u - z z z a ce W, > LM 4A co Z z ce Q� ce LD C m 0 < N 00 C N P, n — Z O 0 rn ce L �6ft 16% uj I r-4 LA a% u LLI Z m Ln W LL -V rr Cc O N Cc W O O 4 Ln OZMM rn LO 0 Z 0 LM C) 0 co 0 rn 0 m J= 0 S Ln m 4A c -le c CD 4A 4� aj 0 IV a u r- 0 00 I Z : ` S) °i' LA ° CL 0 < 4u > - 3 0 'A V w c U u+ , 0 00 c 0 > > > 0 r, rn C CL tA cd aw Qj 7 0 u bft U u C6 v 40 V E u ui W ca m r 0 C) d 0 a , N L2 (A 0 0 cc cc . ............... . . . . . . . . . . ............................................................................................................... w 0 CPO II m r%J r*4 bA 11 Lo rn vi 40 0 r C i C UR w en O m Ch 0 0 01 OS fro d4 r" Im fm 10 L. E E 0 A cu 2! '0 -2 .2 X rd fd O ............ . ........ . ............ O 'gee W re BOYNTO v N B AC K k. N fl�`"u3f Gi t C RA CRA BOARD MEETING OF : November 12, 2013 Consent Agenda I I Old Business I I New Business I I Legal I I Information Only SUB JECT: Review and Evaluation of Delray Beach CRA Auditor General's Findings and Recommendations SUMMARY: At the October 8, 2013 Board meeting, Board Member Merker requested a report regarding the Delray Beach CRA audit and what the Boynton Beach CRA should be aware of (see Minutes attached). On October 17, 2013, Vivian Brooks, Executive Director; Susan Harris, Finance Director and Mike Simon, Assistant Director of the CRA met with David Tolces of Goren Cherof Doody & Ezrol P.A. Mr. Tolces is the General Counsel for the Delray Beach CRA and represented the Delray Beach CRA for the Auditor General ( "AG ") Operational Audit. The AG report and reply by the Delray Beach CRA are attached. The nineteen (19) AG findings by the AG for the Delray Beach CRA were discussed in detail and a summary of the applicability to the Boynton Beach CRA and suggestions for future action are summarized on the attached staff report. In addition, Mr. Tolces' meeting summary is attached indicating that the Boynton Beach CRA expenditures and actions as related to the discussion of AG findings are consistent with Florida law, the provisions of Chapter 163 and the CRA's redevelopment plan. FISCAL IMPACT: None CRA PLAN, P OR PROJECT: All CRA Plans RE COMMENDATIONS/OPTIONS: None, information only. Vivian Brooks Executive Director T :IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingsWov 20131Review and Evaluation of Delray Beach CRA Auditor General Findings.doc MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FIL OCTOBER 8,2013 Miskel commented they would put together a proposal for the next meeting. On the gaps are known, they can determine how to proceed. XVI. Future Agenda Items: A. RFP for General Contracting Services for Parking Lot Project located at NE 1st Street and N E 1st Avenue Mr. Merker requested a report from Ms. Brooks and Attorney 0herof regarding what came forth from the Delray Beach audit and what the Boynton Beach CRA should be aware of. XVII. Adjournment There being no further business, Chair Taylor adjourned the meeting at 8:29 p.m. Catherine Cherry Minutes Specialist 100913 1B INTER- OFFICE CORRESPONDENCE MEMORANDUM NO. 2013-003 TO: Mayor Jerry Taylor, Chair Boynton Beach Community Redevelopment Agency Board of Directors CC: Vivian Brooks, Boynton Beach CRA Executive Director Susan Harris, Finance Director FROM: James A. Cherof, General CounselC David N. Tolces, Assistant General Counsel 2727 RE: Boynton Beach Community Redevelopment Agency (CRA ") 1 Review of State Auditor General Audit Report DATE: November 7, 2013 Pursuant to the Board of Commissioner's request, the General Counsel's Office met with the CRA staff to review the State of Florida Auditor General's Report issued in September, 2013. Based upon the collective review of the recommendations in the Audit Report, CRA staff and the General Counsel's Office agreed that the most important recommendation contained in the Audit Report is that the CRA must maintain proper records regarding all requests for proposals /qualifications, current and future contracts, and other CRA expenditures. The need to monitor all contractors and to insure the receipt of all documentation prior to releasing payments and confirming performance appeared to be a primary focus of the State Auditor General. In addition, the CRA will need to insure that its property acquisition and sale procedures are consistent with all legal requirements. This includes insuring that the CRA obtains appropriate appraisals prior to purchase, and that all notices are properly posted and issued prior to conveyance. Finally, the CRA needs to insure that all travel reimbursements and credit card usage is consistent with the policies adopted by the CRA Board. If you have any further questions, please contact our office. JAC:DNT:dnt H:1_GOV CLIENTSIBB CRA 3021070473- GMIMEMO 201312013 -003 (Auditor General Report).doex a E ) CD a) 0, Cc o :01 c 0 L) Ln a) SL a) C) (D W > c LD ? 0 'o a) C O (D CL S: 0 c L) (n c 80 04 0 c CL a) 0 co 8 3 CU - 0 (D CL Z > (D 0 m C -0 ca 0 C E .3 z 0 CD -0 CL 'Fn- 2 M E rn C CL m -I ca CL CD w CL W -- 0 -0 0 03 --o m 9 K -@ > m CID V ( a (o 0) a) co 00 M 0 C) cl m W 6 - 0 ( D -S :a 6 Lo M - 2 -, I S (D a) . (D m 0 0 6 t= 0 'o . c c c k2 cc a) ' o vi c 0) c o Z� LL (D (n 0) 8 0 0 0 CD CID M a E (D 2 Im . 0 -2 '2 Nr 2 Q co 0 8 0 2 P t — CL CD — 0 cl CL -(a . tf M t; 1 0 0 cl L) CL CL (a an L) r_ 0 O CD 0 M. m r - a m th (I m m CTJ e >, CL 0) -0 12 ED C C I L - 2 d 3 1 6 0 ic :3 :3 E C o F C11 w O 0 0) z z F m cm CL a) 0 z C%4 A ca • 0) O ui CID - -W v U) % 4 a tm c Q) 0) Go c c V m 0 U) 115 co E m 0 .0 cl 1! CL 0 E E C� M C%j � M 0 0 0 — 0 40 V :3 0 V 0 U. 0 m CD fA ILL i 0 z- A tm — 0 C CIL a t� 2 0 0 Ca 's " >% P- CL 0) Q G m .2! 0 D® co m :3 >4 4- 'a 0 c o 0 cr c M 0 E cc E A .19 12 .w , 0 0 co 0 LL > 0 0 m L) C l7 E 0 x (D ❑ CL M 0 - 0 CL m 0 CIL U) 0) 2 C-0 = - 6 - 6 c 0 re CL w m m r- rn w to a) CL . 0 L m to '- E IL c c 0 C 0 .0 2 0 C. m V m 4a CL 0 M E 00 a Pa a9 0 0 m V V L. m m U) CL m 0 U) CIS a 0 M C CL :3 .0 0 21 E E .2 L O 0 = ? 0 CO CIL CID m CL W 0 r 0 QM CL .0 0 t C m 0 E S a c m L5 M c V u 0 w . 2 V E m E O r- & 0 2 c CL Cc O n r 0 w 0 E w 2 %- 0 n_ o 0 w rn E 0 E > :01 CL C) 0 CL CL V 0 Eel 0 L) 0 r- E to IL CL 0 0 M E 9 i: o = r- E 24 m w .2 2 0 v® V 2 0 Cc — CL z 0 b! CL m 0 0 co -0 0 W 0 r- 1 6 :2 cr ad 0 ca 0 C CD m 0 CL (D 2 cm E m 0 0 o C; 0 8 CL < 0 LD V - t- 0 CL x 0 ca o LD 0 0 0 L. 0 0 - E T m 0 t; 0 0 0 c w c z W 5 B o , L , to m •cp 0 4. o M Lo- CL 0 E a 0 .2 c E : 5 o o E ID z FA x r 'G CL W CD > (D w > PZ a LL c 0 c U) Ix. R :5 M CL 0 3 (L CL 1 -0 0 13 L) CL ui A -, 9 -U, 'o OD -0 L) - 0 CD C 0 co to CD r- L) . r M 0 vi 0 o a ! 0 0 A o 0 Id 0 c U) 6 0 6 z 0 -E z im z Z c 0 Co r z z z 0 E ir IM U) cm - Co 0 tip w CL c M c W C m E a cc c 1 0Y Cc E - S > U) V OA 0 :5 2 cl; E p c r_ e 0 iz a - CM 0 > w �': O Lt�Z� E rL CL Z 3: 0 U CD cu -0 ro U O L .c c CD a cis o a c 0 .0(a c o ro o ° a CD c U `� W m � a _U c m c c M a o U d C C le •^ — y C y C aLa. ti _ cc�� C O ay N •� N a � ro E ° a a a ro E L c m U (D > `� i s cu 3 E o A �' :3 v_iw�c (a - ro(D ro aa)i � c c m °� C'a aro � 8 2 cv°,a m ro "-' C o to y 7 ® L c m p C d L � � E aci �' ui c w - ro ro ta) c c ro Ea ro a w ca N a U .a". y .7 a O C C C a) �@ • C VJ rn cn m p (� 7 CL 0 D O 2 7 �n O c 7 0 ro V Q® O y — c C O H O U 0 "g N w a o a N c� m " cY ° ( �.a�i �.� vi o ` ro U ai � E m� 3 :� CD CJ �a�? • y f0 Ut-. w` a O — p m O m O C a ®� c 'O 'a - O a® a N co 0 CL co W O V1 ro C ]+ C Co X v d .� N O C m m O ca N C O C CL C a c .. w ` a s ®6 E® ro (.� m�sroaac'i w °Q E M° o H a m. _,� m,� . , mN. Q Mn m • vi E O a a o �o d w a s d V - O as ro o a .a_> c 5 a a L' w E o 2 EaU 33a �c� gib — CD v_ owU no m o c ro ca _0 - 3 o' ro �, o U LD c v cl Co ocm �cE°wm�' c,� mE m3c aro ®E mc� 2 �•�� co p a c a a a o a a ® ®•� `° co ® m a @ m d ® Cl) M $ c ta.w w ro.G ro U E 00 z ca ro Q iL w m m co F= CO m a U)i N N 7 w a O C tm R '� ' fi .a A c (� R o. N C U a1 O Z LL C w C C C O W = Vj m C 7 C 7 .0 m C e3 c z w 8 CL c E O a L c a H "= CO U R 7 Pa to a C IA {p N _c c 0 'y0�.� d 6. m w N & R CL Ol E m � L O a 7 C. O y a o f t f d O O m m Q pp ® Ad a9 O �+ O 'y 3 is 0. ae ® y a U w a a w a8 c _E 3 d a O. a+ ` t? O O C 7 O c = c d Q c O C .0 m 7 �' O o 12 a� v ® o _ V m z c a Q 0 p i Z a CD r a w a Q o 7® as 3 E w m o c E d o c E w cn t a v p ® 3 p eo a s a c c Z R m ui d d a o u W o Q R a c '= s 0 `a a Q cr c ® ` a Z ie C LL a U w 0 � t3 i3 w t3 W m c N d w z u r s r z c a s F- E r o (3 LO n CO M im ° r c r r Vj C4 ro w ++ Q Z Z� z Z a Z C Z Z Z Z C C O C c co m t® S C O C LU ar a1 �- a. (a V C d C 3 C; C d C C LL LL M U- U. .0 LL v LL ii ` U. U m a� CL 3 c a- S C O O is N (D c 0 .ID U 3 0 O C loo a Q m CJ v S@ Q O O y - l6 N d. b C O ® a® y U N o ca p O 1) � y �� 0 a) y C� � O C Z _ d) Q L1 �pp N U C C y O C C a8 U OL B m .� Cl m �$ N 9 C y (4 r M" O U ry d � N ca CL O O O L L CD L L� try 2� j E J y C C C C O. O + 'C '' U 8 O M t U9 u8 m C t` d 44) m� W 3 y-2 N CD CL 0 0 m w O c-0 2 m O- L U O> O N ® E 3 U W 'U C co cl In LL `g N C[8 m U Q h U H m co m Q } N L� d U8 w m N CD 7 A 77 C C = y V tl8 U a d Z m L° L Y E a a�i d 7 c u c6 CL O a U ` m p d m m '- .19 ro o w ` c O c CL o m CL c C7 ` CL rn a< O. '-' O tv m v a v y w es a c L 2 a o CL W E s z 3 a w .• c c 3 m u V� CL L. Q to 7 LU m a V 2 CL -a d L E E 0 J m C a 0® u ® H s o o m o c a ar (d m r- A `° vi c o d v H d `3 E LU S C � �° 9I 9m Z UM UE U U w Q do m� ti E m w Z Z Z m Z `d Z L] co c c Co c c c c w C Z C C® C c C c LL LL Q LL LL d LL { i- tt s a t r a t i ' t s a 1 I s r i tt1t1 t z s s s ova ; to Sss s � t } �i��.t t t, t t 1 t a f✓ ' � -- S s : l �s � cs i y t t ;� � _� {t t ; s i £� £i t rl �, � 41 �;� �{ to tr ; 1 } 1 i r tit rl ,.,,t3 s0 t s( t l sy �� t, sr, ai 7 t { t 1 s fits ss.f s l, { , - � si;,, � j.. I� S;�a is I �. f £✓ t a .'\ ;�, r�s: 41 a � i t } } £ lit „� .£ /� S� s; �- i tit r tl( 7 nt, �,rt -� t �r s ,,.i �a t � a; is o f r iii � s ,r r; sJ2 (U y � t s111 } t , { 1U 2, as i /✓ tit i ll � � 't, ; , -7,'& m ow S, r, a � � A , ,, :. a 4� i,t�ryr) i a��,fl r , 7r �s� t 't a `t £,s! ��� s a s,'y s ai lt,z tip s s } t� lr sl 4i s£ A1it,'•,t � L {, ��!4 ££7i I! i ) t, - t e i ° u!�;,,1, a }! ti ret) an s� � sr Ssys t - ; a r7 t is ,s fis / _i r t� } :. : list t r -_ s ial: ( t1 t s sa ); is t s _, { fi t ,7a t Slst lair Si4i, r tits < t.. al ti t. r - .. r t {f ? rt 7_ t }a tt£ t sa t t t si s( £'r) s -.7 rta �ttF ,. ;', �,: t )t : tj s t s f t7 i. ^s tts ii Ss eta ls, st£tl)sti yl l t rs�£t s li t ° J„ (i I s .. t s 1 ,, S! ! , ({ c } ! ' { i s s s £ J, � i 4 } f tl.rit.- ✓ \ 1 s ; £ 1 s a U t a � s t ;1} } y `,.' t . �s i< <, i a + £; i s ,�,; s ti t , {aa tsi al l? r �, l'�s stirs s t, 1 }z�d k 4� to yr•, s s, <i 1? 7.,s 'l tttt i s f ,.s )l lri. r s; {i 1 a ss 3'. 1 t ,._' t ss s£}, %ri „s.,: fist 1 a.. - ss I t a l p - .1 t£ 3 {y rss tit£ r s a' ,a�� s a li s t t i 7 tt7 i l t a t i t ra rtt i tl � i 1 t(,I', it i £ a F -.,t t�: t t ,, t k 1s r y tr(ssii£i ;`7� I s ✓ t r i, ;: a 4 ,/ S: I t r 1 5 t u 4�! ft}t t >ltl ctf ; a \q s i,. t 1 � tsstt ; a s t, } r a. sitl }ti fl t ! 1i CIS 1` ss t U ��; \ fi a .,.s t t If , \y t � 1t t }�',. r+i t sf�s s tt [ r, ;, ,,. £{ �a ),7 " •S S \ s� f .i i �rS t; t 1 tltf rt � t t �t_, a { 4} 1l t s ,�a`ti. :: s �; ss! ". 1 )a s.. ,' 11 ✓sr fVt > i rt sf ,? i r t l 1,i a t r 1 s £ f. �, ta{ � � s } ( y ,it £ ri, , £ } , i t, r l ): i a Iatt t sJ( t £ at' a i 7r - 3 1<, Amw ,I, sla I r t; it( s ti t a}tt -tt t t 'tit 1 s 1,i� r a t t t (\ y St1 x, ,tt1 y jal l tt a tl 11 �ia tit , y t a i r. qtr ,til l t 4 ri -r lit ftt t t . t trlt ti 11 1„ass,5t t l�as r }at1 i dr) _t lla {:'p � t ti �,.. t£ t , rs t l rs „t t ,,i,�i �� s, a A {s t �f ar t t fins \: t t t r) i} t { 'la 1 i i:,t t✓ a, } �tS �<<;, tr ) £ � a , t r; .tl � i sal jl 1 s�tE tl ttl �4 , t } f, { ' -�� i t , I a t a is.,l 1 I: a a 1:45 t t t t tits a77;,V ✓` {a s ) it s2:; sy s s s sa fi tt c s .t t {s ; +7 ,,,: it k t 'I�s t ,” ,r t �I{t ��,;. 2 tit 1' � {u t_ 1 Jtt,� t } r' �;i'•'lsltat s As + t tat ii: s tir „r s t irr++, � 1f i a l it, salt s t} 'a's s �, s?!,,�i! ti t „�t, „� t t ts r it t S ,,;i{ 1 s;_t tt { t r' i s -:� t £t ,. a , { ;, u1 )i t a t I�`i s isi t ` -, i ai,1�4. ,,a s tir l s s it t) y; t t t i s Gr i v .' Ira ss t <<f fist, yi' t sl I tit �i s 's S � a tt �t �Q at {?� r t s ,��t a y { cs. ' {£ i t s • E i } s t - ss t � 7 £ � S l s s s s r- t •: a r s s- s 1 � l i 1 3. 4 1 1 s t t � �+ _, a s a} ,�, s t la ;tiff _sa £ tn£ t (i 1�; 44i t s {'£ ttsstt ss i i t 1 t sl( t i i l� < ifs tsssl # ; s I'r �!7 isa s,. t i r i s # 1st 1- tit t t s r a s 7 is t tt � {} s at t fr s s i � i t � I __ s t r s t i s £ i l tilt s. i s r £ t t i _s as s(stt! r r is f } t ri a r 4 }t tit ti rr t t Sss a t ) s ' - ; t' a s i sr t r$ tir �s -ttf£ e it s r tit s 's S { ;; a ss r i J r ti t S Ji i t s 17 r r r �s tt 2 s t t _ t ✓ z _ t i t s# r r r s r s t r r t 3 f i' i s s 1 t S sat ua REPORT No. 2014 -013 SEPTEMBER 2013 i DELRAY BEACH CommuNiTy REDEVELOPMENT AGENCY i i Operational 't ,f i I $r STATE OF FLORIDA -AUDITOR GENERAL DAVID W. MARTIN, CPA BOARD MEMBERS AND EXECUTIVE? DIRECTOR The Delray Beach Community Redevelopment Agency (CRA) Board consists of seven members appointed by the City Council. The Board members and Executive Director who served from October 2011 through March 2013 are listed below: H oward Lewis, Chair Cathy Balestriere, First Vice Chair Peter B. Arts, Vice Chair 1)b i iam "Bill" Branning Veronica Covington Annette Gray Herman Stevens Diane Colonna, Executive Director Tlae audit teatii lc�adea was Lletxe Xt rayle GF'tl,, and d waudzt ores supervised by inguiri s rega;jjflg ,dus z�port to Martin D Rosen! t A, Audit NLnagei by e-�'mad at hlt relephne atSff) 412'28$1 " x ort zd Qthes xeports prepated .the udttor tget�eraI can be` �� y } ai }1 cc xu jau n .bp telephone GI qt (85©1 412-2722; 64 by = qt: G74 ai��e �# $��}z � `���ir � . SEPTEMBER 2013 REPORT No. 2014 -013 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY SUM111AkY Our operational audit of the Delray Beach Community Redevelopment Agency (CRA) disclosed the following: COMPLIANCE WITH THE COMMUNITY REDEVELOPMENT ACT Finding No. 1: During the period October 2011 through Match 2013, the CRA paid a total of $2,084,183 to various nonprofit organizations to fund their operations and for promotional activities or socially beneficial programs, and contributed $1,070,000 to the City of Delray Beach (City) as a sponsor for tennis tournaments. Neither the CRA Plan not CRA records clearly demonstrated the CRA Board's determination of the extent to which the funds provided to the organizations had been appropriately restricted to activities authorized by the Community Redevelopment Act. Finding No. 2: The CRA leased property from the City and subleased the property for considerably less than it was paying the City, the net effect of which appears to have been a $423,833 subsidy of the City's operations. Finding No. 3: The CRA's records did not demonstrate that amounts paid to the City for Project Manager and Neighborhood Planner services were appropriate based on the actual time those employees spent on CRA- related activities. Finding No. 4: The CRA's records did not demonstrate compliance with Section 163.387(7), Florida Statutes, regarding the disposition of unexpended CRA trust fund moneys at year -end. GRANT AND FUNDING ADMINISTRATION Finding No. 5: The CRA made some business development grant awards in excess of program guidelines. Finding No. 6: The CRA did not adequately monitor funding provided to nonprofit organizations. FRAUD AND ETHICS CONTROLS Finding No. 7: The CRA Board had not adopted policies for the mitigation, detection, and reporting of fraud. Finding No. 8: Certain CRA Board members did not timely file statements of financial interests, contrary to Section 112.3145(2), Florida Statutes. BUDGETARY CONTROLS Finding No. 4: The CRA's adopted budget did not include all prior year balances brought forward, contrary to law, and did not reflect the true cost of the Green Market program. Finding No. 10: The CRA needed to enhance its budgetary controls to ensure that expenditures are limited to budgeted amounts as required by law. CASH CONTROLS AND ADMINISTRATION Finding No. 11: The CRA had not entered into agreements with several financial institutions regarding electronic funds transfers. PROCUREMENT OF GOODS AND SERVICES Finding No. 12: The CRA's disbursement processing controls could be enhanced. Finding No. 13: The CRA did not always comply with prescribed policies and procedures, or State law, regarding the competitive procurement of services. Finding No. 14: The CRA's controls over the issuance and use of credit cards could be enhanced. Finding No. 15: CRA records did not always evidence the public purpose served by expenditures. 1 SEPTEMBER 2013 REPORT NO. 2014 -013 REAL PROPERTY ACQUISITIONS Finding No. 16: The CRA needed to enhance its procedures for acquiring real property to ensure that real property is acquired at the best price possible. CONTRACTUAL SERVICES Finding No. 17:, The CRA did not have a current written agreement for General Counsel services and some written agreements did not contain statutorily required provisions. Finding No. 18: The CRA's monitoring of compliance with contractual reporting requirements could be enhanced. TRAVEL Finding No. 19: The CRA's policies and procedures regarding travel expenditures could be enhanced. B &CKGROUND The "Community Redevelopment Act of 1969" (Act), codified as Part III of Chapter 163, Florida Statutes, authorizes counties and municipalities to create a redevelopment agency after adoption of a resolution making a legislative finding that the area to be redeveloped contains slum or blighted areas or has a shortage of affordable housing and the redevelopment is necessary in the interest of the public health, safety, morals, or welfare of the residents. The Act further provides for additional requirements, including, but not limited to, the manner in which such an agency may be established, the powers of the agency, and the funding of the agency. It requires the establishment of a redevelopment trust fund and restricts the use of those funds to redevelopment activities. Pursuant to the Act, the City of Delray Beach (City) adopted Resolution 32 -85 "Finding of Necessity," dated May 14, 1985, and City Ordinance 46 -85, dated June 18, 1985, creating the Delray Beach Community Redevelopment Agency (CRA) and establishing a CRA area of 1,858 acres. The provisions of Ordinance No. 46 -85 have been codified in Article 8.1 of the City's Land Development Regulations. This ordinance provided for the Agency to be governed by a seven - member Board of Commissioners appointed by the City Council. A "Finding of Necessity" for an additional 103 acres, located along North Federal Highway, was adopted by City Commission Resolution No. 47 -87 on November 24, 1987, and the CRA area was increased to its current size of 1,961 acres. The Act requires the establishment of a CRA Plan and requires approval of the Plan by the CRA's governing body. Funding for the CRA is accomplished through tax increment revenues provided by each taxing authority (City and Palm Beach County), and expenditures of the CRA must be made in accordance with the approved CRA Plan. The CRA has designated eight geographic sub -areas within its boundaries: Beach District /Area, Central Core, Northeast (Del -Ida and Seactest) Neighborhoods, Northwest Neighborhood, North Federal Highway, Osceola Park, Southwest Neighborhood, and West Atlantic Avenue Neighborhood. The CRA Board adopted the current CRA Plan in July 2011. The CRA Plan groups the various sub -area plans, projects, and programs into three categories: Areawide and Neighborhood Plans (consisting of 7 plans); Redevelopment Projects (consisting of 12 projects); and Community Improvement Programs (consisting of 13 programs). Section 163.356(3)(c), Florida Statutes, authotizes a CRA to employ an executive director, technical experts, and other such agents and employees, permanent and temporary, as it requires. The CRA is a separate legal entity, and its Executive Director reports to the CRA Board. As of Match 31, 2013, the CRA had a staff of ten full-time employees, including an Economic Development Director whose position was funded partially by the City through an interlocal agreement between the CRA and the City. The CRA's operations are governed by Florida Statutes, CPA by -laws, and the CRA Board - adopted written accounting, personnel, and procurement policies. The CRA utilizes the City's 2 SEPTEMBER 2013 REPORT No. 2014 -013 information technology resources and participates in the City's insurance programs. The CRA's expenditures' totaled appxoximately $10.7 million for the 2011 -12 fiscal year. FINDINGS AND RECOMMENDATIONS Compliance with the Community Redevelopment Act "Redevelopment," for purposes of the Act, is defined in Section 163.340(9), Florida Statutes, as undertaldags, activities, or projects in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight; the reduction or prevention of crime; the provision of affordable housing, or the rehabilitation and tevitali2ation of coastal resort and tourist areas that are deteriorating and economically distressed. Section 163.370, Florida Statutes, grants counties and municipalities broad powers necessary or convenient to carry out the purposes of the Act. The Act focuses primarily on physical restoration of the CRA area, including acquisition and preparation of land or other teal property, and the construction of buildings or affordable housing, except for express authority to conduct community policing innovations. Section 163.360(2), Florida Statutes, indicates that the CRA plan must: (a) conform to the comprehensive plan for the county or municipality as prepared by the local planning agency under the Community Planning Act; (b) be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the CRA area; zoning and planning changes, if any; land uses; maximum densities; and building requirements, and (c) provide for the development of affordable housing in the area, or state the reasons for not addressing in the CRA plan the development of affordable housing in the area. Further, Section 163.362, Florida Statutes, requires that the contents of every community development plan show by diagram and general description the physical layout of the CRA area and specifically identify any publicly funded capital projects in the area. While the CRsk expended moneys in accordance with the CRA Board - approved CRA Plan, as discussed further in finding Nos. 1, 2, and 3, we have questioned whether certain uses of CRA funds were consistent with the Act. Additionally, as discussed in finding No. 4, the CRA's records did not evidence compliance with the Act regarding disposition of CRA trust fund moneys at year -end. Finding No. 1: Promotional Activities and Socially Beneficial Programs During the period October 2011 through March 2013, the CRA contributed moneys to various nonprofit organizations. Pursuant to agreements with these organizations, funding provided by the CRA was to be used for the nonprofit organizations' ongoing operating expenses, promotional activities, or for socially beneficial programs. The nonprofit organizations included the following: Defray Beach Downtown Marketing Cooperatlye, loc. The DMC was created by the CRA, the City, the Delray Beach Downtown Development Authority, and the Greater Delray Beach Chamber of Commerce. The DAIC's mission is to attract people to the City, and create a positive economic impact through destination marketing, marketing programs, events, and community collaboration. The CRA provided the DNIC funds totaling $634,290 during the period October 2011 through March 2013, including $465 for specific DMC events and $633,825 to be expended as determined by the DMC. Creative Cites Collaborative, Inc. The CCC's mission is to create and implement strategies and programs for development and operation of an arts center within the CPA area to attract visitors and promote economic development. The CRA provided funds totaling $481,893 during the period October 2011 through March 2013 to, or on behalf of, the CCC to support its operations and for the purpose of Source was the CRA's 2011 -12 fiscal year audited Statement of Revenues, Expenditures, and Changes in Fund Balance. 3 SEPTEMBER 2013 REPORT No. 2014 -013 providing community and cultural art programs within the CRA area. In addition, the CRA paid for the space occupied by the CCC through a lease with the City (see additional discussion in finding No. 2). Pursuant to the agreement between the CPA and the CCC, beginning May 2011, the CCC was required to pay the CPA $500 per month (increased to $1,000 per month effective October 1, 2011) to compensate the CPA for marketing and maintenance expenses associated with arts progr Deltas Beach Pubfic LihrarX (Librar 2 . The CRA Plan indicates the Library is not a City facility and is run by a nonprofit board. The CRA Plan also indicates that while the City had financially supported the Library, the City reduced funding to the Library beginning in 2007 due to budget constraints created by property tax reform and "to continue to promote activity and economic development in the West .Atlantic area, the CRA agreed to fund a portion of the operating funds . . ." The CRA provided the Library funds totaling $462,000 during the period October 2011 through March 2013. Old School S uate Inc. OSS . The OSS's mission is to be the community's cultural center, enriching people's lives by presenting diverse experiences in visual and performing arts, education, and entertainment; nurturing artistic mpression and involvement; providing a community gathering place and preserving its National Historic site, which is located within the CRA area. The CRA provided the OSS funds totaling $356,250 during the period October 2011 through Match 2013 to fund its organizational operations for the performing arts program and gtasstoots partnership program. r' HxpandLng Expanding and Preservin Our Cultural Hetit e Inc. EPOCH. EPOCH's mission is to expand, preserve, and present the culturally diverse history of the African Diaspora in Palm Beach County. The CRk provided EPOCH funds totaling $149,750 during the period October 2011 through March 2013 to fund its organizational operations for the Museum and Exhibitions, and Lectures, programs. The CRA also entered into agreements with the City to participate as a sponsor for the International Tennis Championships tournaments held at the Municipal Tennis Center, providing the City $535,000 in the 2011 -12 and 2012 -13 fiscal years, respectively. In considering the allowability of the types of contributions - discussed above, which totaled $3,154,183 during the period October 2011 through March 2013, we found that there is limited guidance to CRAs as to what constitutes authorized expenditures other than the language of the Act. The Attorney General has issued opinions addressing the allowability of certain expenditures under the Act. For example, in Opinion No. 82 -86 the Attorney General indicated that, in addition to improvements that change the physical appearance of a particular property, areawide improvements such as improvements to sidewalks and utilities were appropriate projects to be undertaken by a CRA. In Opinion No. 2010 -40, the Attorney General responded to an inquiry regarding whether a CRS may expend funds for festivals or street parties designed to promote tourism and economic development, make grants to entities that promote tourism and economic development, or make grants to nonprofit entities providing socially beneficial programs. The Attorney General stated that while Section 163.387(6), Florida Statutes, indicates the use of CRA trust funds was not limited to those purposes enumerated therein, a CRA "is a statutorily created administrative agency that may only exercise those powers that have been expressly granted by statute or that are necessarily exercised in order to carry out an express power." The Attorney General also indicated that the legislative intent of the Act would necessarily limit the expenditures by a CRA, and stated that "funds raised by taxation for one purpose cannot be diverted to another use." In addition, the Attorney General stated that "[t]he enumerated uses of community redevelopment trust fund moneys are likewise couched in terms of redevelopment activities involving `bricks and mortar' in a manner of speaking, rather than promotional campaigns to encourage people to populate the area once the redevelopment has been accomplished. However, to read the statute as precluding the promotion of a redeveloped area once the infrastructure has been completed would be narrowly viewing community redevelopment as a static process. Accordingly, I cannot say that the use of community redevelopment funds would be so limited that the expenditure of funds for the promotion of a redeveloped area would be prohibited. However, grants to e SEPTEMBER 2013 REPORT NO. 2014 -013 entities which promote tourism and economic development, as well as to nonprofits providing socially beneficial programs would appear outside the scope of the community redevelopment act." The Attorney General further stated that "Use of community redevelopment funds for entities promoting tourism or providing socially beneficial programs, however, does not have an apparent nexus to carrying out the purposes of the community redevelopment act." The CRA's contributions to the above organizations were subject to use for a variety of purposes, including promotion of the redeveloped area and the operation of organizations that were geographically located within the redeveloped area and that provided socially beneficial and cultural programs. Based on our consideration of the provisions of the Act and the referenced Attorney General opinions, use of CRA funds are to he restricted to those clearly authorized by the Act (e.g., redevelopment activities involving. "bricks and mortar") or for the promotion of the redeveloped area. The CRA provided us an opinion from its General Counsel characterizing the above -noted contributions as being for promotional activities and indicating that through inclusion of these activities in the CRA Plan, the CRA's contributions were consistent with State law. However, neither the CRA Plan nor CRA records clearly demonstrated the CRA Board's determination of the extent to which the funds contributed to the above -noted organizations had been appropriately restricted to activities authorized by the Act. While it is clear that the location of organizations operating primarily socially beneficial and cultural programs in the redeveloped area may encourage the public to visit the redeveloped area and, thus, provide some promotion of the redeveloped area, it was not clear from the CRA records that the benefits provided by the funding were limited primarily to the redeveloped area or that promotion of the redeveloped area was the intended primary public benefit of the arrangements. In these circumstances, it was not apparent how funding of the operations of the various organizations referenced above constituted an appropriate nexus to the purposes of the Act. Recommendation: If it is the CRA's intent to continue funding the above -noted organizations on an ongoing basis, the CRA Board should seek guidance from the Attorney General as to whether the use of CRA funds for these funding arrangements is allowable under the Act. Additionally, the CRA shout document in its records that these organizations' use of the funding is restricted to activities authorized by the Act. Finding No. 2: Property Leased from the City On January 11, 2010, the CRA entered into a five -year lease agreement with the City for 10,289 square feet of the first floor of the Old School Square Parking Garage. Pursuant to the agreement, annual rent of $150,000, or $14.58 per square foot, is payable to the City in one lump sum at the beginning of each lease year. Subsequently, the CRA subleased the entire 10,289 square foot of space to two nonprofit organizations, whose missions are to promote the arts, as follows: On August 26, 2010, the CRA entered into a two -year sublease of approximately 5,000 square feet with the Puppetry Arts Center of the Palm Beaches, Inc., with monthly rent of $400 ($4,800 annually, or $.96 per square foot). Due to construction delays, the lease term commenced on May 1, 2011, and an April 15, 2013, amendment to the lease extended the tern of the lease through May 4, 2014. On December 21, 2010, the CRA entered into an agreement with the CCC for the CCC to provide assistance in creating and implementing the development and operations of an arts center. The agreement allows the CCC to use the remaining 5,289 square feet of space at no cost to the CCC (see additional discussion in finding No. 1). The CRA subsequently entered into a sublease agreement with the CCC for the period July 1, 2012, through January 31, 2015, with monthly rent of $466.67 ($5,600 annually, or $1.06 per square foot). 5 SEPTEMBER 2013 REP No 2014-013 During the period February 2010 through January 2013, the CRA paid $450,000 in rent to the City and received rents totaling $26,167 from the sublessees with these organizations, for a net cost to the CRA of $423,833. The effect of these transactions appears to have been a $423,833 subsidy of the Cit ='s operations. According to the CRA's 2011 -12 fiscal year audited financial statements, Palm Beach County contributed 40 percent of the CRA's total tax increment funding, which represented 38 percent of the CRA's total revenues. Consequently, these transactions may have resulted in County funds being used for City purposes. In response to out inquiries as to why the CRk leased space ftorn the City and then subleased the space to the nonprofit organizations, rather than the City leasing the space directly to these organizations, CRS, personnel indicated that the City is not accustomed to administering leases and, therefore, the CRA offered to manage the tenancy as an economic development initiative. However, it is not apparent why the CRA could not have acted as an agent for the City rather than using CRA trust fund moneys to subsidize City operations. Recommendation: The CRA should ensure that any future transactions with the City do not have the effect of subsidizing the City's operations. Finding No. 3: Support for CRA Expenditures Section 163.387(1)(a), Florida Statutes, requires that funds allocated to, and deposited in, the CRA trust fund be used to finance or refinance community redevelopment pursuant to an approved CRA plan. Section 163.387(6), Florida Statutes, provides that moneys in the CRA trust fund may be expended for undertakings of the CRA as described in the CRA plan, including, but not limited to: 7> Administrative and overhead expenses necessary or incidental to the implementation of the CRA plan. Expenses of redevelopment planning, surveys, and financial analysis. Acquisition costs of real property in the redevelopment area. Clearance and preparation costs of the redevelopment area for redevelopment and relocation of site occupants. i> Repayment of principal and interest or any redemption premium for any form of indebtedness. Expenses incidental to, or connected with, the issuance, sale, redemption, retirement, or purchase of any form of indebtedness, including funding accounts provided for in related ordinances or resolutions authorizing the indebtedness. Costs for the development of affordable housing within the community redevelopment area. Costs for the development of community policing innovations. The CRA entered into two interlocal agreements with the City to fund a portion of the salaries and benefits for a Project Manager and Neighborhood Planner position for their work on CRA-related projects. The agreements required the City to provide quarterly reports to the CRA, including timesheets and payroll information to support the amounts charged. The CRS] was invoiced and paid a total of $160,625 for these positions during the period October 2011 through March 2013; however, the invoiced amounts were based on budgeted amounts rather than actual salary expenditures based on actual time spent by these employees on CRA- related activities. As a result, CRA records did not demonstrate that the amounts paid to the City for these services were appropriate based on the actual time the employees spent on CRA- related activities. 6 SEPTEMBER 2013 REPORT No. 2014 -013 Recommendation: To ensure that CRA funds are used only for allowable purposes, the CRA should ensure that amounts paid to the City ate limited to actual salary expenditures based on actual time spent by these employees on CRA-related activities. Finding No. 4: Ending Balances in CRA Trust Funds Section 163.387(7), Florida Statutes, provides that on the last day of a CRA's fiscal year, any money remaining in the CRA trust fund after the payment of expenses described in the CRA plan for such year must be either returned to each taxing authority that paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust hind by all taxing authorities for that year; used to reduce the amount of any indebtedness to which increment revenues are pledged; deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan, which project will be completed within three years from the date of such appropriation. As noted in finding No. 9, the CRA's 2011 -12 and 2012 -13 fiscal year budgets only included a portion of the balances brought forward from the prior fiscal year. Although the CRA's audited financial statements for the 2008 -09 through 2011 -12 fiscal years indicated that portions of ending fund balances were designated or assigned for appropriation in subsequent fiscal years' budgets, much of the appropriations from the prior fiscal years were not used in the fiscal year in which they were appropriated. Further, the CRA also reported undesignated and unassigned fund balance in each of those fiscal years. As shown in Table 1, more than $7 million of moneys deposited to the CRA trust fund since the 2008 -09 fiscal year have been unused in subsequent years. Sep tembef30 Ending Fund Balanoe less- Amount Used Unused Amount Plus: Ending Total Unused Designated /Assigned for in Subsequent Fund Balana3 Appropriation in the Fiscal Year Undeagnated/ Subsequent Meal Year Unassigned 2009 $5,980,620 ($2,723,293) $3,257,327 $4,450,685 $7,708,012. 2010 5,283,569 (486,637) 4,796,932 2,516,788 7,313,720 2011 5,019,518 0 5,019,518 2,473,620 7,493,138 2012 7,528,433 (1) (1) 2,126,764 (1) Note (1): The amounts used and unused during the 2012 -13 fiscal year were not finalized as of the completion of our field work in August 2013. Source; Auditor General calculations based on amounts included in the CRA'sAudited Financial Statements Further, the CRA did not reduce indebtedness place funds in escrow to later reduce indebtedness, or return funds to the t axing authorities. Consequently, CRA records did not demonstrate compliance with Section 163.387(7), Florida Statutes, regarding the disposition of unexpended trust fund moneys. In response to our inquiry regarding the CRA's compliance with Section 163.387(7), Florida Statutes, CRA personnel indicated that a review of ending balances was performed annually through the budget process, audit teport, and CRA Plan review. CRA personnel also provided an analysis comparing cumulative tax increment funding (TIF) revenues to cumulative expenses. Although the analysis indicated that cumulative expenses exceeded cumulative TIF revenue, this analysis did not include other revenues that were received and deposited into the CRA trust fund, such as revenue from leases, land sales, or the Green Market program (see discussion in finding No. 9). As such, the analysis did not demonstrate compliance with Section 163.387(7), Florida Statutes. 7 SEPTEMBER 2013 REPORT No. 2014 -0 Recommendation: The CRA should document in its records that unused funds have either been obligated for purposes authorized by law or return such funds to the taxing authorities. Grant and Funding Administration Finding No. 5: Business Development Grants Pursuant to the CRA's 2011 Plan, the CRA provides financial assistance to local businesses and community organizations through the following local grant programs: Business Development Assistance Program, Historic Faradc Easement Grant Program, faint -up & Signage Program, and Site Development Assistance Program. Each program has specific guidelines and an application process and each grant award must be approved by the CRA Board. For the period October 2011 through March 2013, the CPU awarded 17 business development - related grants totaling $134,407. Our test of 15 grant disbursements to Iocal businesses, totaling $74,485 for 15 grants, disclosed the following i> The Business Development Assistance Program provided rent subsidies up to $500 per month for a maximum of 12 months within the first 18 months of a multi -year lease. The program guidelines state that to be eligible for assistance, a business must be located within the CRA area, and must be either a new business venture in operation for less than six months at the time of application, an existing business relocating to Delray Beach from another city, or an existing business opening an additional Iocation in Delray Beach. The business must be at the location for which the subsidy is being requested for less than six months at the time the application is submitted. Our review of seven grant awards under this program totaling $40,300, disclosed three grants that will provide subsidies to businesses after the 18f month in the lease terms, contrary to the program guidelines. Subsidies in excess of program guidelines total $6,000 over the grant periods. In response to audit inquiry, CRA personnel indicated they calculated the 18 -month period beginning on the day of operation rather than on the day the lease term started. However, this is contrary to the program description in the guidelines. The Site Development Assistance Program offers a partial reimbursement for the cost of exterior improvements to commercial buildings located in the CRA area to encourage business owners to improve existing business sites.. The guidelines state that funding is disbursed on a reimbursement basis only and requires submission of detailed work invoices and proof of payment. Our review of five grants awarded under this program disclosed one grant to a business for exterior improvements based on 25 percent of actual eligible expenses up to a maximum award of $25,000. At the time the grant was awarded, the business had begun work on the project. CRA records indicated that the CRA Board - approved grant was based on the remaining exterior improvements, and funds would not be applied to any improvements that had been done prior to the CRA Board approval of the grant According to CRA records, eligible project costs that were paid subsequent to the grant approval totaled $85,139, an amount that would support a grant disbursement of $21,285. However, the CRA disbursed $25,000 to the business on March 28, 2013, resulting in an overpayment of $3,715. Enforcement of grant terms and guidelines is necessary to ensure that funds disbursed to recipients are limited to amounts authorized by the CRA Board. Recommendation: The CRA should ensure that grant awards are made in accordance with program guidelines. 8 SEPTEMBER 2013 REPORT N0.2014 -013 Finding No. 6. Monitoring of Funding Agreements The CRA created a grant program entitled A- GUIDE, Achieving Goal- Urixg Impact Drivex Evaluation, to provide funding to nonprofit organizations involved in affordable housing, recreation and cultural facilities, and economic /business development. During the 2011 -12 and 2012 -13 fiscal years, the CRA provided significant funding, both for capital projects and operations, to four nonprofit organizations: Delray Beach Community Land Trust, Inc.; Delray Beach Public Library; Expanding and Preserving Our Cultural Heritage, Inc.; and Old School Square, Inc. For the 2011 -12 and 2012 -13 fiscal years, the CRA awarded a total of .$1,825,918 to these organizations under the A -GUIDE program. In addition to the A -GUIDE program, the CRA also provided funding to the CCC to establish an arts incubator program within the CRA area. The CRA provided the CCC funds totaling $304,795 during the 2011 -12 fiscal year pursuant to a staffing and funding agreement, and totaling $310,735 during the 2012 -13 fiscal year pursuant to a funding agreement. The 2011 -12 and 2012 -13 fiscal years funding agreements in effect for the four A -GUIDE organizations, as well as the 2012 -13 fiscal year funding agreement for the CCC' -, required the organizations to provide quarterly financial and performance reports by specified dates. Pursuant to the agreements, quarterly payments were to be made to the organizations following the receipt of the required reports. The performance reports were designed to provide information on the activities related to the CRA funding provided, and the financial reports were required to detail the use of CRA funds provided. Our review of the CRA's administration of the funding to these organizations disclosed the following: The amounts paid quarterly to the organizations were based on 25 percent of the funding award and the funding agreements did not require the organizations to return any unexpended funds to the CRA. Thirteen payments totaling $743,672 were dated prior to the receipt of the required reports, contrary to the agreements. CRA personnel indicated that checks were prepared earlier to allow time for obtaining authorized signatures but were held until reports were received; however, we noted that two checks totaling $142,500 cleared the bank prior to the report submittal date. For 11 other disbursements totaling $674,903, CRA records did not evidence the date the required reports were received by the CRA, as the reports were not signed or dated by the organizations submitting the reports and the CR1, did not date -stamp the reports upon receipt. i' Eight reports were dated 10 to 57 days after the required submission date. Under the above conditions, there is an increased risk that moneys disbursed to these organizations may be used for unauthorized purposes. Recommendation: The CRA should amend funding agreements to require that moneys unexpended, or expended for unauthorized purposes, be refunded to the CRA. The CRA should also enhance controls over monitoring funding agreements to ensure that required reports are submitted and reviewed timely. Additionally, the CRA should not provide quarterly funding if required reports have not been submitted. 8 The CRA's 2011 -12 fiscal year staffing and funding agreement anti the CCC did not require quarterly financial and performance reports. 9 SEPTEMBER 2013 REPORT No. 2014 -013 Fraud and Ethics Controls Finding No. 7: Fraud Policies On January 15, 2013, the CRA Board e::ecuted a Memorandum of Understanding between the CRA and the Palm Beach County Commission on Ethics to exercise authority, functions, and powers granted by the Section 2 -258 of the Palm Beach County Code of Ordinances over CRA operations. The CRA's personnel policies refer the staff to the Palm Beach County Code of Ethics Guide for Em *loyee , 2011 Edition (Ethics Guide). The Ethics G,r, de provides detailed information relating to ethical violations and what may constitute a conflict of interest. Although the CRA Board had adopted an ethics policy, it had not adopted fraud policies. Policies for communicating and reporting known or suspected fraud are essential to aid in the detection and prevention of fraud. Such policies should clearly identify fictions constituting fraud, incident reporting procedures, responsibility for fraud :investigation, and consequences of fraudulent behavior. Fraud policies are necessary to educate employees about proper conduct, create an environment that deters dishonesty, and maintain internal controls that provide reasonable assurance of achieving management objectives and detecting dishonest acts. In addition, such policies serve to establish the responsibilities for investigating potential incidents of fraud, taking appropriate action, reporting evidence of such action to the appropriate authorities, and avoiding damage to reputations of persons suspected of fraud but subsequently found innocent. Further, in the absence of such policies, the risk increases that a known or suspected fraud may be identified but not reported to the appropriate authorities. S Recommendation: The CRA Board should establish fraud policies and procedures that clearly identify actions constituting fraud, incident reporting procedures, responsibility for fraud investigation, and consequences of fraudulent behavior. Finding No. 8: Statement of Financial Interests Section 112.3145(6), Florida Statutes, provides that the Florida Commission on Ethics (Commission) shall annually prepare a listing of local officers requited to file a statement of financial interests and provide that listing to the local supervisor of elections. Section 112.3145(2), Florida Statutes, provides that each local officer must file, with the supervisor of elections, a statement of financial interests no later than July 1 of each year. Section 112.3145(1)(a)3., Florida Statutes, specifies that local officers include any appointed member of the governing body of a political subdivision; any person holding the position of chief administrative employee of a municipality or other political subdivision; or purchasing agent having the authority to make a purchlse exceeding $20,000 on behalf of a political subdivision. Each year the Florida Commission on Ethics prepares the list of persons holding governmental positions who are required to file statements of financial interests for the pretdous year. The Commission obtains the name and address of each of these persons from coordinators who have been designated by each State and local government agency. Our audit disclosed that for the 2011 calendar year, there was no statement of financial interests on file with the Rahn Beach County Supervisor of Elections for one CRA Board member, and four CRA Board members filed their 2011 calendar year statements between 41 and 72 days after the July 1, due date. As of July 15, 2013, only three of the seven CRA Board members had filed statements of financial interests for the 2012 calendar year. 10 SEPTEMBER 2013 REPORT No. 2014 -013 Recommendation: The CRA should ensure that all Board members required to file a statement of financial interests are advised of the filing requirements, and ensure that the applicable names and positions are communicated to the appropriate coordinator. Budgetary Controls Finding No. 9: Budget Preparation The CRA is a special district as defined in Section 189.403, Florida Statutes. Section 189.418(3), Florida Statutes, requires that the governing body of each special district adopt a budget by resolution each fiscal year and states that the total amount available from taxation and other sources, including balances brought forward from prior fiscal years, must equal the total of appropriations for expenditures and reserves. Budgets are utilized as a tool to regulate expenditures and can also be used as a decision making tool by management regarding the viability and success of individual programs. Our review of the CRA's approved budgets disclosed that: Contrary to law, in preparing its 2011.12 and 2012 -13 fiscal year budgets, only a portion of the CRA's available fund balance was brought forward from prior fiscal years in determining the amounts available for appropriations. For the 2011 -12 and 2012 -13 fiscal years budgets, the CRA did not include $1,375,389 and $2,126,764, respectively, available from the prior fiscal years. Upon audit inquiry, CRA personnel indicated the amount excluded froth the 2012 -13 budget represented a five percent reserve for contingencies and funds that would be needed to purchase land; however, pursuant to Section 189.418 (3), Florida Statutes, the entire amount available should have been brought forward and the funds intended far a reserve for purchasing land should have been budgeted accordingly. Subsequent to our inquiry, a budget amendment, totaling $1,852,000, was adopted in July 2013 to recognize the portion of the fund balance reserved for the land purchase. The CRA operates a Green .1iarket program to attract visitors and business to the CRA area and included revenue and expenditure line items related to the Green Market program in its budgets. However, the salary for the Green Market Manager, whose position description only includes duties that pertain to the Green Market program, were included in the salaries budget line under the category of Administration. Excluding the Manager's salary, the budgets for the 2011 -12 and 2012 -13 fiscal years show projected net losses for this program of ($9,933) and ($9,600), respectively. With the Manager's gross salary included, these projected losses would be ($60,933) and ($60,600), respectively. As a result, the CRA's budget presentation did not accurately disclose the extent of the projected loss of the Green Market program and, therefore, the CRA Board may not be aware of the true cost of runnin this program. In response to audit inquiry, CRA personnel stated that the Green Market Manager also performs some general administrative duties for the CRA and the CRA would still incur the expense of this position if the Green Market did not exist. However, the extent of duties unrelated to the Green Market program was not evident from the Green Market Manager's position description. Including all balances available in the CRA's budget improves transparency and accountability for CRA resources. Also, as previously discussed in finding No. 4, the failure to appropriate balances remaining in the CRA trust fund at the end of a fiscal year may be contrary to law, if those funds are not otherwise used as indicated in Section 163.387(7), Florida Statutes. In addition, an accurate of presentation of the Green Market program's expenditures in the budget, and a documented determination of the portion of the Green Market Manager's salary that should be allocated to the program., would improve the usefulness of the budget as a tool for decision making. 11 SEPTEMBER 2013 REPORT No. 2014 -013 Recommendation: The CRA should ensure that all balances brought forward from prior fiscal years are included in the adopted budgets for the CRA trust fund. In addition, budgets should accurately present all direct Green Market program expenditures to provide the CRA Board with accurate and complete information from which it can make informed decisions regarding the program. Finding No. 10: Budget Overexpenditures Section 189.418(3), Florida Statutes, provides that the adopted budget must regulate expenditures of the special district, and it is unlawful for any officer of a special district to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations. The CRA's budgets established the legal level of budgetary control at the object level by cost center, and budget amendments were prepared and approved by the CRA Board twice each fiscal year. Out review of the final budget -to- actual expenditures comparison included in the CRA's 2011 -12 fiscal year annual financial audit report disclosed that although the CRA's total budget was not overexpended, five object Ievel line items were each overexpanded by amounts ranging from $5,703 to $119,283 (total of $197,619). CRA personnel indicated that the overexpenditures were due to adjustments made to agree the CRA's receivables and payables with the City to the corresponding accounts as reported by the Cit;. Absent timely budget amendments, there is an increased risk that CRA expenditures may exceed available'resources. Recommendation: The CRA should enhance budgetary controls to timely amend budgets as necessary to ensure that expenditures are limited to budgeted amounts as required by law. Cash Controls and Administration Finding No. 11: Electronic Funds Transfers Good control over electronic transfers of CRA funds requires the use of written agreements with each financial institution to or from which moneys are to be transferred. Such agreements should specify the locations and accounts to which transfers can be made, amounts that can be transferred, and the employees authorized to make such transfers and change the locations to where funds can be transferred. During the period October 2011 through March 2013, the CRA initiated electronic funds transfers (EFTS) totaling $18,088,711. The CRA used EFTS to pay certain vendors and to transfer funds to and from financial institutions (seven accounts at four institutions) and the State Board of Administration (two accounts). The CRA's records did not evidence written agreements with each of its financial institutions regarding EFTS that included restrictions as to the amount of the transfers, where the funds may be transferred, employees authorized to make such transfers, and employees authorized to make changes to the agreement. We were provided written funds transfer agreements for two of the CRTs financial institutions; however, they were dated 2008 and 2009 and were applicable to only two accounts still in use. Absent current written agreements with all of the CRA's financial institutions specifying authorized destination accounts and dollar limits, and employees authorized to make transfers and changes to the agreements, there is an increased risk that unauthorized transfers could occur without timely detection. Recommendation: The CRA should ensure that it has current EFT agreements with each of its financial institution 12 SEPTEMBER 2013 REPORT No. 2014 -013 Procurement of Goods and Services Finding No. 12: Disbursement Processing Controls over disbursements should provide for the documented authorization of purchases prior to paying for and receiving goods or services. In addition, payment should not be shade until after confirmation that the purchased goods or services have been received. Our review of 40 check disbursements for purchases, totaling $395,321, made between October 2011 and March 2013 disclosed the following. The CRc1's Procurement and Purchasing Procedures Manual (Manual) rcquires that a purchase order form be used for all purchases. Contrap; to the Manual, for 5 of the 40 disbursements reviewed totaling $54,506, a contract or purchase order form was not prepared to document authorization of the purchase. In addition, for 8 of the 40 disbursements reviewed totaling $7,125, the invoice was dated prior to the contract or purchase order Form. Contracts and purchase order forms serve to document management's authorization to acquire goods and services, and the specifications and prices of the goods and services ordered, and also provide a basis for controlling the use of appropriated resources through encumbrances. D The CRS. did not maintain documentation, such as receiving reports, to evidence receipt of goods or services prior to payment for any of the 40 disbursements reviewed. CRA personnel indicated that the Finance Director verbally verified with the purchaser that the goods or services were received prior to payment. Documentation including signatures and dates evidencing that goods and services were received, inspected, and approved by appropriate CRA employees are necessary to ensure that the invoiced goods and services have been received in good condition. Dates that the goods or services were received are necessary for a proper recording of accounts payable at fiscal year -end and may be needed to evidence compliance with the Florida Prompt Payment Act (Chapter 218, Part VII, Florida Statutes), which establishes procedures and time limits for processing and paying invoices submitted by vendors to local governmental entities. Absent adequate control procedures over purchases and disbursements, there is an increased risk of unauthorized purchases, or payment for goods or services that were not received, without timely detection. Recommendation: The CRA should ensure that written contracts or purchase order forms are used to document the authorization of purchases prior to incurring an obligation for payment. The CRA should also enhance controls over disbursements to ensure that documentation is retained to demonstrate the receipt of goods and services prior to payment. Finding No. 13: Competitive Selection Process The Manual recommends at least three quotes for purchases of $5,000 or less, requires at least three written quotes for purchases from $5,001 to $25,000, and requites the use of competitive sealed bids or proposals for purchases in excess of $25,000. Section 5.6 of the Manual establishes procedures for competitive sealed bids or proposals. These procedures include guidance for advertising, surety, insurance, bid opening, contract and awards, inspection and rejection of bids. Certain exceptions to the purchasing requirements provided in the Manual include: subscriptions, publications, and memberships; emergency purchases; and sole source purchases. Out test of 11 contracts for services that were subject to the competitive bid or proposal requirements disclosed the following For 8 of the 11 contracts tested, CRA records did not evidence the times or dates the bids were received. These contracts were for consulting, artistic, architectural, landscape, and construction services acquired. For 7 of the contracts, the bid tabulation or proposal sign -in forms included a statement that the listed bids or proposals were received prior to the deadline, but did not provide the actual dates and times received. For 13 SEPTEMBER 2013 REPORT No. 2014 -013 the 8th contract, the proposal sign -in form included dates and times for 3 of the 8 proposals received but only indicated a date for the remaining proposals. CRA personnel indicated that bid or proposal envelopes were time and date stamped but were not retained. ➢ For 2 of the 11 contracts tested, CRA records did not include completed evaluation sheets used and signed by the selection committee to score and rank the submitted proposals. The 2 contracts were for auditing services and consulting services for an arts center development plan. ' Two of the 11 contracts were for architectural and landscape architectural services and, therefore, were subject to the requirements of Section 287.055, Florida Statutes. However, contrary to Section 287.055(3)(d), Florida Statutes, the selection criteria used to evaluate the proposals for these services did not include consideration of whether the firm was a certified minority business enterprise. Also, our test of 40 check disbursements discussed in finding No_ 12 disclosed a $32,000 payment for repairs to a 100 -foot tall artificial Christmas tree used to attract visitors to Downtown Delray Beach that were not competitively bid. In this instance, CRA records did not evidence that this purchase was exempt from competitive bidding. In addition, we noted that a selection process for General Counsel services had not been conducted since 2006 (see further discussion in finding No. 1 ") and these services were listed as excluded from the purchasing requirements in the Maaual. During the period October 2011 through March 2013, the CRA paid $169,150 for General Counsel services. Absent adequate documentation to evidence that bids and proposals were timely received and fairly evaluated in accordance with law and the Manual requirements, there is an increased risk that the CRA may be limited in its ability to sufficiently defend itself against claims alleging unfair purchasing practices. Additionally, without using a competitive selection process when acquiring contractual services, the CRA cannot be assured that such services are obtained at the lowest cost consistent with acceptable quality and performance. Recommendation: For those purchases requiring competitive bids or proposals, the CRA should ensure that documentation is retained evidencing the date and time bids or proposals are received, and the selection committee's evaluations of bids or proposals. In addition, procedures for evaluating bids or proposals for professional services should include consideration regarding certified minority businesses as required by law. The CRA should also consider using a competitive selection process for acquiring General Counsel services. Finding No. 14: Credit Cards As of March 31, 2013, the CRA had four credit cards that were issued to employees. The CRA received one billing statement each month for all four cards and the cards had a combined credit limit of $22,500. During the period October 2011 through March 2013, CRA credit card purchases totaled $73,785. Our review of the use of credit cards and test of 30 transactions totaling $14,749 disclosed the following: > The CRA Board did not approve, of record, the issuance of CRA credit cards or adopt policies, procedures, or other guidance as to the proper use of CRA- assigned credit cards. D The employees assigned credit cards were not required to, and did not, sign written agreements specifying acceptable uses of credit cards. In the absence of adequate controls over the issuance and use of credit cards, including certifications signed by credit card holders, and adequate review of support for credit card transactions to ensure that charges are appropriate, there is an increased risk that unauthorized charges may be made without timely detection. 14 SEPTEMBER 2013 REPORT No. 2014 -013 Recommendation: The CRA Board should determine whether credit cards should be issued to CRA employees; set appropriate limits on the types of goods and services that can be purchased and the amounts of transactions; and implement appropriate policies and procedures regarding the issuance, use, and monitoring of credit cards. Such policies and procedures should include a requirement for each cardholder to sign a statement certifying that he or she accepts the terms and conditions set by the CRA on credit card usage. Finding No. 15: Questioned Expenditures Expenditures of public funds must be shown to be authorized by applicable law or resolution; reasonable in the circumstances and necessary to the accomplishment of authorized purposes of the governmental urdt; and in pursuit of a public, rather than a private, purpose. Section 163.387(6), Florida Statutes, indicates that moneys in the CRA trust fund may be expended for undertakings of the CRA that are related to financing or refinancing of redevelopment in the CRA area pursuant to an approved CRA plan. Since moneys deposited in the CRA trust fund are restricted as to their use, CRA officials are responsible for establishing and maintaining controls, including the adoption of sound accounting practices, which will provide reasonable assurance that CRA funds are expended only for authorized purposes. AdditionaAy, the Attorney General has indicated on numerous occasions that documentation of an expenditure in sufficient detail to establish the authorized public purpose served, and how that particular expenditure serves to further the identified public purpose, should be present at the point in time when the voucher is presented for payment of funds. The Attorney General has further indicated that unless such documentation is present, the request for payment should be denied. In addition to the questionable use of CRA funds as discussed in finding Nos. 1, 2, and 3, our audit disclosed numerous other instances in which CRA records did not evidence that expenditures served a public purpose, and complied with the CRA's 2011 plan and Section 163.387, Florida Statutes. Specifically, we noted the following. ➢ Our tests of 70 check and credit card transactions for the period October 2011 through March 2013 disclosed 10 (14 percent) transactions totaling $1,534 for items such as flowers, food, gift cards for employees, promotional items, and restaurant charges. Our review of three petty cash reimbursements, totaling $466, disclosed $266 related to purchases of food items, and $43 related to reimbursements that were listed on the petty cash reconciliation as $20 for tips and $23 for a gift, but for which the CRA's records did not evidence supporting receipts. A total of $100 in credit card rewards points redeemed for cash were, according to CRA personnel, used for various CRA lunch meetings. Absent documentation establishing the authorized public purpose served, and how an expenditure serves to f thher the identified public purpose, the CRA has not demonstrated that CRA funds were appropriately used. Recommendation: The CRA should strengthen its procedures to require documentation that expenditures serve an authorized public purpose, and comply with the CRA Plan and Section 163.387, Florida Statutes. Such documentation should be present in the CRA's records prior to payment. 15 SEPTEMBER 2013 REP ORT No. 2014 -013 Real Property Acquisitions Finding No. 16: Property Appraisals Good business practice dictates the use of appraisals to determine market value for real property acquisitions. For larger acquisitions, the use of two appraisals provides more assurance of the market value of the property prior to purchase. Should two appraisals result in significant differences in value, the use of a professional appraisal revieu- can assist in determining the market value of the property to be purchased. One definidon of "market value," indicates that market value is the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale under conditions whereby the buyer and seller are typically motivated, both parties are well - informed and acting in their own best interests, a reasonable time is allowed for exposure in the open market, payment is made in terms of cash in U.S. dollars or comparable financial arrangements, and the price represents the normal consideration for the property sold. Guidance from the Appraisal Institute regarding the sales comparison approach, a commonly used approach in appraisals, indicates that appraisers must consider all relevant transactions that have occurred in the market and then determine which of those transactions should be used. Factors that may determine whether a sale is unusable or requires adjustment include atypical buyer or seller motivations. The Operations Manual used internally by CRA personnel indicated that the offering price for property acquisitions is to be typically based upon CRA personnel's knowledge of market conditions, but the purchase and sale agreement will be made subject to the condition that an appraisal must be completed prior to closing. The Operations Manual also indicated that if CRA personnel estimate the value to be at or above $500,000, a second appraisal was required. After appraisals were received they were reviewed by the Development Manager for accuracy. The Operations Manual, which had not been approved by the CRA Board, did not provide for appraisal instructions prohibiting the use of nonprofit, governmental, or quasi - governmental sales in dete value estimates; provide the steps to be taken should widely divergent appraisals be received; or specify when the engagement of professional review appraisers should be considered. Our review of 11 real property acquisitions between February 2010 and November 2012, totaling $3,852,305, disclosed the following: For one property acquired for $1,895,000, the CRA initially obtained two appraisals that indicated values of $1,500,000 and $2,340,000, respectively. Since these values were widely divergent, the CRA obtained a third appraisal that valued the property at $1,685,000. We noted that the CRA did not use a professional review appraiser to assist in det erminin g the reasonableness of the support for the market value of the property. We also noted that some of the wide divergence in the value conclusions among the appraisers appears to have been caused, in part, by the CRA's failure to discourage appraisers from using government - related transactions within the CPA area (i.e., other purchases by the CRA). For example, for the two appraisals with the highest overall value conclusions, all but one of the comparable sales used to value the subject property involved the CRA as the purchaser. However, the CRA would likely be considered an atypically motivated buyer that may have influenced prices in an atypical market created by the CRA. Appraisal guidance used by some governmental agencies strongly discourages the use of governmental purchases in appraisals. For example, Uniform Agrxsal Standards for Federal ,lend Acquisitions states "When appraisals for federal land acquisitions are conducted, sales to the government should not be used as comparable sales unless there is a 3 A professional appraisal review can assist in determining compliance with applicable appraisal standards and accepted appraisal procedures. 4 Definition derived from Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. 16 SEPTEMBER 2013 REPORT No. 2014 -093 paucity of private market data as to make a reliable estimate of market value impossible without the use of government purchases." Similarly, the Supplemental Appraisal Standards for the Board of Trustees (State Standards') promulgated by the Florida Department of Environmental Protection for State land acquisitions, indicates that appraisers are encouraged not to use purchases by nonprofit organizations, water management districts, or quasi - governmental or governmental agencies, as primary indicators of value, and that regional sales searches ate encouraged in the event no local comparable sales can be located. State Standards further require that use of nonprofit, governmental, or quasi - governmental sales be analyzed and considered separately in the appraisal report. We noted that the $1,500,000 appraisal had minimized the use of nonprofit, governmental, or quasi - governmental comparable purchases. For one property acquired for $1,100,000, the CRA obtained only one appraisal, contrary to the Operations Manual. Further, the appraisal, which valued the property at $1,100,000, relied on the negotiated price of the subject property, which was the same price the property sold for in 2004, in det erminin g the value. The appraiser's report acknowledged recent significant declines in the commercial and industrial market conditions. However, the report did not indicate how the market conditions in 2009, when the property was valued by the appraiser, compared to those at the time of the prior sale for the same price in 2004 to test the reasonableness of his value estimate. Consequently, the appraiser's analyses and conclusions did not appear to conclusively support that the value in 2009 was the same as the 2004 sale price. CRA Board consideration and adoption of real property appraisal policies and procedures would better ensure the reasonableness of value estimates and the CRA's acquisition of real property at the best price possible. Recommendation: The CRA Board should adopt written policies and procedures for real property acquisitions. In doing so, the CRA Board should require that appraisals be acquired for all real property acquisitions; that at least two appraisals be acquired for acquisitions over a given dollar limit; that a professional appraisal review be obtained in instances in which two appraisals are widely divergent; and that the use of nonprofit, governmental, or quasi- governmental purchases be discouraged from consideration as comparable sales for appraisals obtained. Contractual Services Finding No. 17: Contractual Agreements As a matter of good business practice, contractual arrangements should be evidenced by written agreements embodying all provisions and conditions of the procurement of such services. The use of a formal written agreement protects the interests of the CRA, identifies the responsibilities of both parties, defines the services to be performed, and provides a basis for payment. The CRA is responsible for establishing controls to provide assurance that the process of contracting for services is effectively and consistently administered. Such controls should include execution of written contracts with clearly defined deliverables; Board approval of all contracts, amendments, and work orders; monitoring of contract payments to ensure they are in accordance with contract terms; and contract provisions requiring the contractor to provide invoices in a detail sufficient for proper pre - and postaudit. Our review of ten contracts for various professional services, and tent interlocal agreements with the City, disclosed the following. No Contract The latest contract the CRA bad on file for General Counsel services was dated January 26, 2006, for a two -year term. Although there was a renewal provision stated in the contract, CRA records did not evidence that the contract was renewed. Upon audit inquiry, CRA personnel indicated that the rates had not changed and there was no regular evaluation of the firm by the CRA Board. In addition, our review of the payments for these services disclosed that the firm was paid $6,759 for out -of- pocket expenses (copying costs, title and lien searches, and messenger services) that were not supported by receipts or other appropriate 17 SEPTEMBER 2013 REPORT No. 2014 -013 documentation. Inadequate review of invoices prior to payment increases the risk of overpayments or that the CPA will pay for services not provided. ContwCtPmVis ans. Audit Services. Section 218.391, Florida Statutes, requires that a procurement of audit services be evidenced by a written contract that includes certain provisions, such as a requirement that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. Although the auditors' contract with the CRA for the 2011 -12 fiscal year included a statement that invoices for fees will be rendered each month as work progresses and indicated the hourly rates for each position within the firm, it did not include a provision requiring submittal of sufficiently detailed invoices, and our tests disclosed an instance in which a CRA payment for audit services was not supported by a detailed invoice. Specifically, the CRA received and paid a progress billing invoice for $17,300 for services rendered through January 2013 related to the 2011 -12 fiscal year audit; however, the invoice did not detail the amount of hours spent and applicable hourly rates for the work performed through January 2013. As such, CRA records did not demonstrate that the amount invoiced and paid was in accordance with the contract. Contingent Fees. Section 287.055(6), Florida Statutes, requires contracts for professional services to contain a prohibition against contingent fees stating that the contractor warrants that he /she has not paid anyone other than a bona fide employee working solely for the contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of the agreement. In May 2011, the CPA entered into a contract with a firm for a period of three years commencing June 1, 2011, for general consulting and other architectural services. However, the contract did not contain the above -noted provision, contrary to law. Recommendation: The CRA should ensure that written contracts are used for all professional services, contracts include all required terms and conditions, and that payments for contractual services are supported by detailed invoices sufficient to allow a determination of contract compliance prior to payment. Finding No. 18: Contract Monitoring We reviewed 20 contracts and interlocal agreements, each of which included provisions requiring the contractor to provide performance and financial reports to assist the CRA in monitoring the services being performed. Out review disclosed that reports submitted for 6 contracts or interlocal agreements did not include the information required by the contract or interlocal agreement, as follows: The quarterly reports submitted for real estate broker services did not contain the foreclosure status in the targeted -area or tax deed data in the targeted area. An intetlocal agreement with the City for construction /professional services required monthly reports detailing the progress of the specific projects, including but not limited to the contract amount, the amount of funds paid to the contractor, the status of the project, and the total change orders. However, CRA records did not evidence that the CRA received the required reports. The interlocal agreement with the City for shuttle bus services required the City to submit quarterly ridership reports on or prior to the 30th day of January, April, July, and October. However, CRA records did not evidence that the CRA received reports for April 2012, October 2012, or January 2013. Absent the receipt and review of the required reports, there is an increased .risk that the CRA will pay for services that were not rendered in accordance with contract terms. Recommendation: The CRA should enhance its monitoring procedures to ensure that required reports are received and contain all information required by the contract. 18 SEPTEMBER 2013 REPORT No. 2014-013 Travel Finding No. 19: Travel Expenditures Pursuant to Section 112.061(3)(b), Florida Statutes, travel expenses of CRA officials and employees are limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the CRA and must be within the limitations prescribed by that Section. During the period October 2011 through March 2013, CRA travel expenditures totaled $12,282. Our review of the CRA's Human Resources Policies and Procedures (Policy) disclosed the following. y Section 29 of the Policy, provides that automobile travel for employees will be reimbursed at the mileage rate set by Section 112.061(7)(d), Florida Statutes. Section 31 of the Policy, covering travel advances and expense reconciliations, states that employees shall be reimbursed for use of a personal car for CRA business at the current published Internal Revenue Service mileage reimbursement rate in effect when the travel took place. Section 112.061(14), Florida Statutes, provides the CRA Board with the authority to establish by resolution per diem, subsistence, and mileage rates that vary from those provided in Section 112.061, Florida Statutes, provided that the rates established be applied uniformly to all CRA travel. Our tests disclosed that CRA employees were reimbursed for mileage based on the Internal Revenue Ser4 ice - published rate, however, because the CRA's Policy prescribes two different mileage reimbursement provisions, the Policy is contrary to law. ➢ The Policy did not require travel vouchers to be approved by supervisory personnel and out tests disclosed no evidence that supervisory personnel reviewed or approved travel vouchers. In addition, our test of 8 travel vouchers and 7 credit card payments for hotels or airport parking, during the period October 2011 through March 2013, disclosed that these expenditures were not always adequately supported or in accordance with Section 112.061, Florida Statutes, or CRA policies. For example, contrary to Section 31j, of the Policy, for the 8 travel vouchers reviewed, the traveler had not certified that the expenses were necessary for performance of the travelers' official duties. We also noted that 6 of the 8 travel vouchers reviewed did not list vicinity mileage claimed for reimbursement as a separate line item, contrary to Section 112.061(7)(d)3., Florida Statutes. In addition, we noted some minor overpayments to two CRA Board members and an employee. Enhancement of the Policy and improved review of travel expenditures would decrease the risk of unauthorized travel or improper payments. Recommendation: The CRA should revise its Policy to establish uniform mileage reimbursement rates as required by Section 112.061(14), Florida Statutes, and to require supervisory approval of travel vouchers. The CRA should also enhance its controls to ensure that all travel reimbursements are in accordance with the CRA's Policy and Section 112.061, Florida Statutes. OBJE*CTrM, SCOPE, AND METHODOLOGY The Auditor General conducts audits of governmental entities to provide the Legislature, Florida's citizens, public entity management, and other stakeholders unbiased, timely, and relevant information for use in promoting government accountability and stewardship and improving government operations. Pursuant to Section 11.45(3)(a), Florida Statutes, the Legislative Auditing Committee, at its April 1, 2013, meeting, directed us to conduct this audit. We conducted this operational audit from May 2013 to August 2013 in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, 19 SEPTEMBER 2013 REPORT No. 2014 -013 appropriate evidence to provide a reasonable basis for our Findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. The objectives of this operational audit were to: ➢ Evaluate management's performance in establishing and maintaining internal controls, including controls designed to prevent and detect fraud, waste, and abuse and in administering assigned responsibilities in accordance with applicable laws, rules, regulations, contracts, grant agreements, and other guidelines. i> Examine internal controls designed and placed in operation to promote and encourage the achievement of management's control objectives in the categories of compliance, economic and efficient operations, reliability of records and reports, and the safeguarding of assets, and identify weaknesses in those controls. This audit was designed to identify, for those programs, activities, or functions included within the scope of the audit, deficiencies in management's internal controls; instances of noncompliance with applicable laws, rules, regulations, contracts, grant agreements, and other guidelines; and instances of inefficient or ineffective operational policies, procedures, or practices. The focus of this audit was to identify problems so that they may be corrected in such a way as to improve government accountability and efficiency and the stewardship of management. Professional judgment has been used in determining significance and audit risk and in selecting the particular transactions, legal compliance matters, records, and controls considered. For those programs, activities, and functions included within the scope of our audit, our audit work included, but was not limited to, communicating to management and those charged with governance the scope, objectives, timing, overall methodology, and reporting of our audit; obtaining an understanding of the program, activity, or function; exercising professional judgment in considering significance and audit risk in the design and execution of research, interviews, tests, analyses, and other procedures included in the audit methodology; obtaining reasonable assurance of the overall sufficiency and appropriateness of the evidence gathered in support of our audit findings and conclusions; and reporting on the results of the audit as required by governing laws and auditing standards. The scope and methodology of this operational audit are described in Exhibit A. Our audit included selection and examinations of various records and transactions from October 2011 through March 2013, and selected actions taken prior and subsequent thereto. Unless otherwise indicated in this report, these records and transactions were not selected with the intent of projecting the results, although we have presented for perspective, where practicable, information concerning relevant population value or size and quantifications relative to the items selected for examination. An audit by its nature does not include a review of all records and actions of agency management, staff, and vendors, and as a consequence, cannot be relied upon to identify all instances of noncompliance, fraud, waste, abuse, or inefficiency. 20 SEPTEMBER 20]3 REPORT NO. 2014 -013 _WTHORITY MANAGE.MF.NT'S RESPUNsE Pursuant to the provisions of Section 11.45, Florida Managemenes response is included as Exhibit B. Statutes, I have directed that this report be prepared to present the results of out operational audit. d(/. 1 !4s e—e David W. Martin, CPA .auditor General 21 SEPTEMBER 2013 REPORT No. 2014-013 EXHIBIT A AUDIT SCOPE AND METHODOLOGY Scope (Topic) Methodology Organizational Issues Reviewed organizational structure of the CRA and assessed the functional responsibilities within the organizational structure to determine whether they were adequately separated to provide effective internal controls. Examined and reviewed documentation such as the organization chart, CRA by -laws, and minutes of the CRA Board meetings. Performed searches on the Florida Department of State, Division of Corporations' Web site to identify potential conflicts of interest. Written Policies and Procedures Determined whether the CRA had written policies and procedures in place for major functions. Determined whether the CRA maintained public records in accordance with Chapter 119, Florida Statutes. Budgetary Controls Reviewed the CRA's budgetary procedures for adequacy and compliance with Florida Statutes. Reviewed tax increment funding calculations and receipts. Cash Management Reviewed the CRA's procedures related to cash_ Reviewed bank account reconciliations for timeliness, completeness, and supervisory review. Reviewed banking agreements and electronic funds transfer agreements for sufficiency in providing adequate safeguards. Real Property Acquisitions Tested real property purchases to determine whether real property purchased within the CRA area was acquired at reasonable prices based on the appraised value of the property in accordance with the CRA Plan and applicable laws, rules, regulations, contracts, grant agreements, CRA policies and procedures, and other guidelines. Reviewed real property transactions between the CRA and Delray Beach Community Land Trust to determine propriety of the transactions and compliance with applicable laws, rules, regulations, contracts, grant agreements, CRA policies and procedures, and other guidelines Payroll and Personnel :administration Reviewed the hiring process and qualifications of CRA employees and CRA Personnel Policies. Reviewed salary expenditures to determine whether employees were paid at authorized pay rates within the salary ranges noted on their approved job descriptions. Procurement of Goods and Services Tested CRA check disbursements, credit card payments, and travel expenses to determine whether they were properly approved, served a public purpose, were not made to related parties, and were in accordance with the CRA Plan and applicable laws, rules, regulations, contracts, grant agreements, CRA policies and procedures, and other guidelines_ 22 SEPTEMBER 2093 REPORT N0.2014 -013 EXHIBIT A (CONTINUED) AUDIT SCOPE AND METHODOLOGY Scope ('Topic) Methodology Contractual Agreements and Expenditures Tested CRA contractual agreements to determine whether they contained the required provisions in accordance with Florida Statutes. Tested the competitive selection process in place to determine whether contractors were selected in accordance with applicable laws, rules, regulations, contracts, grant agreements, CRA policies and procedures, and other guidelines. Tested payments made to contractors to determine whether they were made in accordance with contract provisions and adequate monitoring procedures were in place. We reviewed these agreements and expenditures to determine whether any involved related parties. Grant Awards, Funding Agreements and Monitoring Reviewed the CRA's Policies and Grant guidelines. Tested Grants awarded to determine whether awards were made within the guidelines established; whether there were adequate monitoring procedures in place; and whether awards were in accordance v'ith the CRA Plan and applicable laws, rules, regulations, contracts, grant agreements, CRA policies and procedures, and other guidelines. Reviewed funding agreements with nonprofit agencies to determine whether there were apparent conflicts of interest and whether agreements were in accordance with the CRA Plan and applicable laws, roles, regulations, contract, grant agreements, CRA policies and procedures, and other guidelines. Tested related expenditures to determine whether they were made in accordance with grant and funding agreements. 23 SEPTEMBER 2023 REPORT No. 2014 -013 EXHIBIT B MANAGEMENT'S RESPONSE P RA ' COMMUNITY REDEVELOPMENT AGENCY September 12, 2013 Mr. David W. Martin, CPA Auditor General State of Florida G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 RE: Delray Beach Community Redevelopment Agency Response to Preliminary and Tentative Audit Findings Report Dear Mr. Martin, Pursuant to Section 11.45(4)(d), Florida Statutes, we hereby submit the attached written response to the Auditor General's Preliminary and Tentative Audit Findings Report. We appreciate the opportunity to respond to the findings and look forward to working with your staff to provide any additional information that is needed. We are committed to continually improving the policies and procedures of the Delray Beach Community Redevelopment Agency. Please feel free to contact us with any additional questions or concerns you may have. Sincerely, , n� y v`" Howard Lewis Diane CoEonna CRA Chair CRA Executive Director c: Delray Beach CRA Board Delray Beach Mayor and Commissioners Mr. Louie Chapman, City Manager 20 North Swinton Avenue Delray Beach, Florida 33444 ► Phone: 561/276 -8640 ► Fax: 561/276 -8558 ► www.delroycra.org 24 SEPTEMBER 2013 REPORT N0.2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY RESPONSE TO FLORIDA AUDITOR GENERAL PRELIMINARY AND TENTATIVE FINDINGS REPORT DATED SEPTEMBER 9, 2013 Finding 1: CRA funding provided to nonprofit organizations and City of Delray Beach for promotional activities is not clearly authorized by the Community Redevelopment Act nor the 2010 Attorney General Opinion. This includes funding for: Delray Beach Marketing Cooperative (DBMC), Creative City Collaborative (CCC), Delray Beach Public Library, Delray Beach Center far the Arts at Old School Square (OSS), Expanding and Preserving Our Cultural Heritage (EPOCH, Spady Museum) as well as sponsorship of the City's annual tennis tournament. The Delray Beach CRA Plan, which has been adopted by the CRA Board and City Commission, provides the basis for the CRA's funding of the organizations and activities listed above. The projects and programs in the Plan are based on the parameters contained within the Community Redevelopment Act. The Plan includes descriptions of economic development and promotional activities and programs that the agency will fund through its A- GUIDE Program (Achieving Goals Using Impact Driven Evaluation). in order to qualify, facilities must be located on public land and must demonstrate that their programs and operations are consistent with the CRA Plan and will help to achieve the CRA's economic development objectives. The City of Delray Beach and the CRA have successfully partnered with local cultural and civic institutions for many years to help revitalize the downtown and surrounding neighborhoods and to attract private investment and support local businesses. Some of the downtown's transformation can be attributed to physical upgrades, but long term success and ongoing prevention of blighted conditions depends upon activities and investments that will continue to attract people and spark renewed private sector investment. Entities such as the Delray Beach Marketing Cooperative, the Delray Beach Center for the Arts at Old School Square, the Delray Beach Public Library, the Spady Museum and the Creative City Collaborative (Arts Garage) attract thousands of people to the downtown area each year and generate a significant economic impact throughout the entire CRA district. Spending by arts organizations and their audiences has been shown to result in economic benefits to the community through spending on restaurant and retail establishments, parking fees and transportation, child care, etc. For instance, using accepted methods of calculating the return on investment of public dollars, the DBMC's events and activities are estimated to have an economic impact of $11.8 million and the impact of the annual tennis tournament is estimated at $12.2 million. CRA funding enables the library to stay open on Sundays, and allows Old School Square to provide affordable rental rates for festivals and events that bring large crowds to its campus and beyond. The CCC's Arts Garage in is estimated to have a $3.2 million economic impact for 2012. The Spady Museum is the cultural anchor to the recently revitalized NW /SW 5 th Avenue corridor, where the City and CRA have invested millions in infrastructure, property improvements and landscaping/parking upgrades. The CRA Board and City Commission authorized these initiatives when they approved the CRA Plan and its subsequent amendments. The A -GUIDE process employs a logic model and measurable objectives to ensure that program outcomes help achieve the CRA's goals for the redevelopment area. We believe that the activities generated by these events and entities are consistent with the Community Redevelopment Act. They contribute to the prevention of slum and blighted conditions in the CRA district by bringing patrons to the district, helping to reduce vacancies and crime, support local businesses, maintain higher rental rates, and increase property values. Page 11 25 SEPTEMBER 2013 REPORT No. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Delray Beach Community Redevelopment Agency Response to Ronda.4Y4Wr Gexerad Pr #. nay and Tcda4w F'indingr Report Dated Spfember 9,1013 The Attorney General recognized in his 2010 letter that promoting the use of a redeveloped area falls within the scope of the community redevelopment act. In addition the CRA has consistently followed the advice of its own legal counsel with regard to this matter. The CRA board discussed the AG Advisory Opinion Letter at the meeting of November 18, 2010. Counsel advised that as long as the agency's funds are used in a manner that is consistent with the Redevelopment Plan and in a manner that serves the redevelopment area itself there is no conflict with the opinion. In addition, the attached Memorandum from the CRA's attorneys dated March 28, 2013 includes a detailed review of the CRA's expenditures with regard to promotional activities and concludes that the CRA's activities are consistent with Florida law and the CRA's Redevelopment Plan, and that its actions and use of funds is consistent with Chapter 163 and the 2010 Attorney General Opinion. This Finding will be further discussed by the CRA Board and consideration will be given to the AG's suggestion that additional clarification be sought from the Attorney General regarding this issue. Finding #2: Property leased by CRA from City at Old School Square Garage —why didn't the City lease the space directly to the nonprofits -- net effect appears to be a subsidy of City operations The Economic Development Director is staffed at the CRA; the CRA agreed to manage the tenancy for the City - owned commercial space in the garage as an economic development initiative for the Pineapple Grove Arts District. Real estate values had fallen and the purchase offers for the space were not what the City had anticipated. Both the City and CRA felt that a temporary art /culture use would be appropriate for the space and could generate economic activity for the surrounding businesses. The stated goal was to establish art and culture venues in the facility that would augment, rather than compete with, surrounding restaurant and retail businesses. The CRA issued an RFQ specifically geared to non- profit art and culture establishments, and agreed to sublet the space to those entities at a discount in order to help ensure their viability over the course of the lease term. The City has the obligation for maintaining at its expense all structural, functional and systemic aspects of the building including roof, elevators, walkways, parking garage, landscaping, etc. As recommended by this Finding the CRA will ensure that future transactions with the City do not have the effect of subsidizing City operations. Finding #3: Funding of City Neighborhood Planner and Project Manager not based an actual time spent on CRA activities. For those City positions that are involved in redevelopment activities and which the CRA agrees to contribute to through an Interlocal Agreement (ILA), the amounts budgeted have been based on the prior year's actual salary and benefits, and the City invoices the CRA accordingly. It's possible that the final amount paid by the CRA may vary slightly from the City's actual expense, but it is also noted that in 2009 the CRA was reimbursed $10,075.85 when a position remained vacant for a period of time. The CRA will modify the ILAs in the future to better ensure that the CRA pays only for actual expenditures. Finding #4: Ending balances in CRA Trust Funds didn't comply with F.S. 163.387(7 (funds must be committed to projects planned for completion in 3 years, applied to debt, or refunded to taxing agencies) The CRA Plan calls for the agency to fund or otherwise participate in the implementation of projects contained within numerous plans adopted for specific areas (i.e. Downtown Master Plan, West Atlantic Redevelopment Page 12 26 SEPTEMBER 2013 REPORT No. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Delray Beach Community Redevelopment Agency Re*os se to Flonda Au&lor General Pre and Tentatw Ryk ar Dort Dated SoAamber 9, 20 Plan, Southwest Neighborhood Plan, etc.). For instance, the Downtown Master Plan contains millions of dollars in infrastructure projects that were to be funded with CRA dollars, most of which were scheduled to be completed within an estimated time frame of 2 to 5 years (reference pg. 73 of Delray Beach Downtown Master Plan). Due to the length of time involved in designing, permitting and bidding the projects, as well as obtaining grant funding from other sources, many of these projects took longer to accomplish than anticipated. This caused a temporary delay in the expenditure of dollars in the trust fund, however, there was never a situation where the money was not targeted to projects that were intended to be completed within the stipulated 3 -year time frame. This backlog of projects has been resolved, and the moneys in the trust fund have since been expended and /or specifically allocated to projects in the FY 13/14 budget. Finding #5 Grants and Funding Administration —Grant awards made in excess of guidelines i Business Development Grants— payments made based on length of operations not on lease term There is an inconsistency in certain sections of the Guidelines for this program. The Purpose Statement says that the program allows the CRA to provide rental subsidies that are intended to assist start-up businesses " during the critical first year of operation ". The eligibility criteria clarify and specify that qualified applicants may receive 12 months of assistance anytime during " the first 18 months of a business's operation However the first paragraph of the Program sub - section states that the program provides rent subsidies ... "for twelve (12) months anytime during the first 18 months of a multi year lease. The intent of the program is to assist a business during its first year of actual operations. This is to account for instances in which a business spends the first few months of its lease period building out its space and is therefore not operational. In response to this Finding, the Guidelines will be modified to provide consistency and clarify the actual intent. • Site Development Assistance Grant -- Payment made for work done prior to grant approval This finding came about largely due to the fact that our documentation for the payment associated with this particular grant was not specific enough as to the work that was being included in the invoice. The applicant for the subject grant had begun work on the project prior to applying for funding, and was informed that they would not be reimbursed for work completed before the CRA board approved the grant. In order to verify the extent of the work completed the site was visited by the CRA's Marketing and Grants Manager and CRA Assistant Director on March 8, 2012 prior to the CRA Board meeting, and photos were taken to document the project status. The roof and windows were not installed prior to the CRA Board's approval as inferred in this Finding. However the CRA did allow reimbursement for deposits that had been made on materials prior to the grant approval, but the work itself had not been completed. The inspections that are required prior to installation of the windows and doors were conducted in April 2012 (subsequent to the grant approval). In addition, the City's building permit records indicate a revision to the roof plans was submitted on March 5, 2012 and revised truss drawings were submitted to the Community Improvement /Building Department in April 2012. A subsequent letter dated May 8, 2012 was provided by the roof manufacturing company (Rifle Metal Co.) regarding the method of installing the roof material. Based on the above it is our opinion that all eligible improvements were completed subsequent to the board's approval of the grant. The CRA will ensure that in the future the records supporting reimbursements are clear as to the nature and the timing of work that the CRA is being billed for. Page 13 27 SEPTEMBER 2013 REPORT NO. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Delray Beach Community Redevelopment Agency Retpoxte to Flo: rdaAnditor General Pm" nary and Tentahhe Findinsr Report Dat;d September 9, 2013 Findinq #6: Monitoring of Funding Agreements — checks cut prior to receipt of required reports CRA checks are processed during scheduled CRA check runs. The entire check process can be somewhat time consuming since it requires the approval of the CRA Finance & Operations Director, CRA Executive Director and a CRA Board member. if quarterly reports /documents are not received prior to the processing of the check, it is noted on the check that it must be held until the quarterly report /documents are received and reviewed. An additional check run would not be efficient use of staff time. The specific dates that the checks cleared the bank was provided in a previous correspondence. Other than two instances where an early release of payment was requested in writing due to extenuating circumstances, no payments were released prior to the required reports being submitted. As noted in the audit report several reports were submitted after the stipulated date, however payment was not released. Regarding the notation of the time and date that reports are submitted, many are received via email and the date and times can be readily verified. In the future the CRA will require that the reports are submitted electronically in order to have verification of the date received. Staff has drafted a modified A -GUIDE Agreement that addresses the timeliness of the reports, and provides that the CRA may adjust the amount of the final disbursement based on the organization's year end budget. Finding #7: CRA Board has not adopted specific policies to mitigate, detect and report fraud The CRA considers the risk of fraud each year in conjunction with its annual financial audit. Budgetary and other controls are regularly updated to maintain a low risk of fraud, including the issuance of monthly financial reports to the board, separation of duties, board approval for any borrowing, etc. The majority of the CRAB revenues are received by wire transfer or check, with minimal handling of cash by any employees. With the checks and balances that have been put into place the CRA has avoided any instances of fraud during its nearly 30 years of operation. in response to this finding the CRA will update its Financial Policy and Procedures Manual to include a provision regarding the mitigation, detection and reporting of fraud. Finding #8: Statements of Financial interest not filed timely The list of persons required to file the financial forms is provided to the Florida Commission on Ethics by the City Clerk's office. Several of the reports have been recently filed. The CRA will ensure that the proper listing of individuals required to file the report is provided to the Florida Commission on Ethics so that those individuals receive timely notification, and will also follow up with the Board to ensure the reports are filed. Finding # 9. Budget Preparation --Not all prior year balances brought forward, budget did not reflect true cost of Green Market The CRA maintains a five percent (5 %) reserve to allow for unanticipated costs or land purchase opportunities. The reserve has not been specifically identified in the budget. We will ask the CRA hoard to formally adopt a policy to that effect. Page]4 28 SEPTEMBER 2013 REPORT NO. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Delray Beach Community Redevelopment Agency Responre to Flonda Ami ilor General Pre.rminary and Todafue Fzfi&ngr Report Dated Swomber 9, 2013 Regarding the Green Market budget, the Green Market Manager position has been listed under the overall CRA Administrative Personnel — Salary and Wages line (GL 8011) because she also provides general administrative support for the agency in addition to managing the market. This is particularly true in the off - season months. In order to address this finding, the position has been moved to GL -7381 under the Green Market program, and the Green Market Manager job description will be modified to include the additional off - season duties. Finding #10: Expenditures -- Five line items over - expended As noted in the AG report, the CRA's overall budget was not over - expended. The line items noted were mostly a result of changes requested during the CRA's annual audit, which was completed subsequent to the end of the Fiscal Year and after the last budget amendment had been adopted. Balances were adjusted for two construction agreements and an adjustment of $119,283 was made to affordable housing land values. Another change was a reclassification of legal fees from "Other Legal" to "Debt Service" related to the CRA's line of credit, because the auditors felt it was necessary for clarification. In the future the CRA will hold open its last budget amendment for the allowable sixty (60) day period in order to have additional time to review changes and adjustments. if the annual audit recommends adjustments beyond that date, a late budget amendment may have to be processed. Finding_ # 11: — No written agreements for electronic funds transfer Three CRA staff persons are authorized to request electronic funds transfers - -the Executive Director, Assistant Director, and Finance and Operations Director. All electronic transfers are verified by at least two of the three people, and a form is signed by the Finance and Operations Director, the Executive Director and a board member. There have been no improper or unauthorized transfers. Agreements are in place with three institutions but will be reviewed and updated as needed in order to address this Finding. Findi� Disbursement processing controls could be enhanced; purchase orders not issued for certain expenses, or invoice dated prior to P.O. The largest of the invoices ($32,000) was for repairs to the City's 100' artificial Christmas Tree, and was paid upon receipt from the Delray Beach Marketing Cooperative (DBMC) with coordination from City administrative staff. The expense was a line item in the CRA's budget. Two of the invoices involved purchases made for Arts Garage equipment after the staff had relocated to the facility and did not have access to the CRA's server in order to complete a P.O. In a few instances CRA staff did not prepare the required P.O. in a timely manner. Another invoice involved our regular weekly cleaning service, which should be listed as being exempt from the P.O. requirement in our Procurement Manual. Regarding the verification of the receipt of goods and services, multiple CRA staff persons sign off on check approvals prior to issuing payment by initialing the Check Authorization Stamp. This typically includes review and approval by the person who ordered the items or service, as well as the Finance and Operations Director and the Executive Director. In order to address this Finding the CRA will examine its processes to identify ways to provide additional documentation of goods and services received, and to improve the Purchase Order process. We will also amend our Procurement Manual to add "regular janitorial services" to the list of expenditures that are exempt from the P.O. requirement. Page 15 29 SEPTEMBER 2013 REPORT N0.2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Deltay Beach Community Redevelopment Agency Rerpanse to Flanda Auditor General Preliminary and Tertc!sdc Find Rebart Dated Sotember 9, 2013 Finding # 13: Competitive selection process — compliance with State law regarding procurement a CRA records did not evidence time and date bids received All RFP submittal packages (envelopes and /or boxes) are stamped with the time and date received. This information is then transposed onto a submittal form. Respondents are provided a receipt indicating the time and date they submitted their proposal, if requested. This information is transposed onto the respective submittal /bid form. The submittal /bid form includes a statement that the responses indicated on the form were received prior to the submittal deadline. This form is signed by at least 2 CRA employees who witness the bid opening„ which occurs at a public meeting and the bids are read aloud. Any proposals /bids that are received past the deadline date and time are not accepted for processing. The Board Summary that is prepared for awarding the bid includes information on all bids received, including any that came in late and those that were determined be non - responsive based on requirements outlined in the CRA's Procurement and Purchasing Procedures Manual and the Request for Bids and /or Qualifications, as applicable. In cases where the City of Delray Beach assists with the Request for Bids (for construction projects) or RFP process (for disposal of CRA property), City proposals are submitted directly to the City's Purchasing division and the Purchasing staff coordinates the bid opening meeting and registers all responses onto the bid tabulation form. In order to address this Finding the submittal packages with date and time received will be scanned and maintained on file. 2 of 11 contracts tested did not include completed evaluation sheets o RFP for Auditing Services (2008) Unfortunately we could only locate one of the three rating sheets completed for this RFP. o Consulting service for arts warehouse plan (2011) The selection process for this RFP was managed by the Creative City Collaborative, who presented their overall ranking and recommendations to the CRA board at the meeting of April 14, 2011. CCC staff relocated their offices since that time and have not been able to locate the original ranking sheets. a 2 of 11 contracts (architectural and landscape architectural services) did not include consideration of whether a firm was a certified minority business A review of the continuing services contracts (architects, landscape architects, and development services consultants) entered into by the CRA for the years 2007 through 2013 indicates that five (5) of the sixteen (16) companies that have provided these services to the CRA would qualify as MWBE businesses. In order to address this Finding the CRA will specifically incorporate the statutory requirements in future Requests for Qualifications. • Christmas Tree repairs not competitively bid The tree repairs are conducted by the same company that erects and disassembles the tree each year, Eagle Metal. This is a specialized service that was arranged by the Downtown Joint Venture, now the Delray Beach Marketing Cooperative, since the tree was first installed in the 1990's. The cost of the repairs is figured into Page 16 30 SEPTEMBER 2013 REPORT No. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Delray Beach Community Redevelopment Agency Respoxse is Flo, da Auditor Geremal Prdrainag and T®nt h,11 Findings Report Dated Sol 9, 2013 Eagle's overall budget for the job and would be difficult to separate out. CRA staff verifies the repairs that are needed and inspects the work when it is done. In the future alternative sources of funding other than the CRA will be sought for this project. General Counsel services notput out to bid since 2006 The CRA's general counsel has extensive experience in municipal government and represents several cities, special districts and Community Redevelopment Agencies in the local area. Their hourly rate has remained the same since the contract was first approved. In order to address this finding the CRA board will be asked to issue a Request for Proposals for general counsel services in the near future. Finding # 14: CRA board did not adopt credit card policy The CRA primarily uses one credit card to which it charges items such as office supplies, computer equipment and software purchases, appliances for properties, property maintenance expenses, rope lights for the trees downtown, website expenses, association memberships and conferences, banners and signs, etc. Purchase Orders are to be executed and signed prior to purchases as with non - credit card purchases. Receipts are maintained, attached to the credit card bill and verified by the purchaser, finance staff and management prior to payment. These processes and practices have to date prevented any misuse of credit cards. In Order to address this Finding, the procedures that are currently in place will be put in writing for CRA board approval, and staff will be asked to sign written agreements regarding the appropriate use of credit cards. Finding # 15: Questioned expenditures funds used for food, gift cards, etc. The expenditures identified in this finding were used for CRA activities and events as described below. In order to better inform the public about the CRA's programs and projects the CRA established March 2012 as "CRA Awareness Month" and held several activities aimed at expanding awareness and interest. These included presentations at City Hall for City employees, an event in the West Atlantic Neighborhood, and coffee with CRA Chairman Howard Lewis at a local coffee shop. Refreshments were served at some of these events and some promotional items were purchased to giveaway to participants. (Total $712.60) The two $100 gift cards ($209.90) were given as a token of appreciation to two employees who helped out for several months during another employee's extended medical leave, coordinating and delivering board packets, preparing meeting agendas and minutes, etc. The flowers ($64.08) were for an employee who had surgery, and the agency has been reimbursed. In October of 2011 the CRA Executive Director and Assistant Director invited two individuals from the Chamber of Commerce to have lunch and get acquainted with the newly hired Economic Development Director ($109.43). Refreshments and lunch were provided at a team building workshop for CRA employees on June 25, 2012 at a cost of $187.75. The workshop lasted from 9:00 a.m. to 3:00 p.m. Page17 31 SEPTEMBER 2013 R EPORT NO. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Delray Beach Community Redevelopment Agency Rerpoxre to Florida Auditor General Pnbmjnay axd Tentative Findixga .Report Dated September 9, 2013 The CRA staff and board held a holiday party, and spent $141.81 at BJ's for snacks and supplies. CRA management staff contributed additional dollars for food and beverages. The CRA also expended $99.32 for poinsettias and other holiday decorations for the office, which is visited on a regular basis by members of the public. In our opinion the above expenditures were appropriate in that they supported CRA programs and events, promoted employee morale and productivity, provided decorative elements to enhance the appearance of the downtown area, and helped inform. the public about the CRA's activities and programs. However, in the future we will ensure that a public purpose for expenditures such as these is documented and available as a public record (i.e. CRA Meeting Minutes). Finding # 16: Property Appraisal Procedures — recommended use of Review Appraisers The CRA obtains at least one appraisal for every property it purchases. The CRA employs qualified state certified real estate appraisers for all appraisal jobs, several of whom have the MAI designation. For the property valued at $1,895,000 the CRA obtained three separate appraisals, two of which were from MAI designated appraisers. During the period in question the sharp decline in the real estate market made it extremely difficult to determine values. There were few comparable sales and many property exchanges were the result of foreclosures or distress safes. Sales of commercial property in the West Atlantic area to private entities were especially limited during this period. Regarding the purchase of the warehouse, while the preferred practice has been to obtain more than one appraisal for properties anticipated to have values of $500,000 or greater, that procedure wasn't included in the CRA Operating Manual until 2011. It's noted that the listing price for the warehouse property was $1.7 million and the property owners had it appraised for $1.2 million in February 2009. The CRA had it re- appraised in December of 2009 and purchased it for the resulting value of $1.1 million. In response to this finding the CRA will continue to obtain appraisals from qualified firms, and will have the existing acquisition policies and procedures adopted by the CRA board. Staff will evaluate the cost effectiveness of using review appraisers instead of obtaining more than one appraisal in certain cases. Finding #17: Contractual Agreement's Contract with General Counsel has expired, need more back -up for expenses We agree with this finding (although we note that the fee structure has remained the same since 2006) and will take corrective steps. Contract Provisions: o Audit Services— Invoices did not provide sufficient detail of hours expended We will examine our audit agreement and ensure that the CRA is receiving the level of detail that is called for with respect to invoices for services. o Contingent Fees —CRA contracts must include clause prohibiting contingent fees We agree with this finding and will ensure that future contracts include this clause. Page Ia 32 SEPTEMBER 2013 REPORT NO. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Delray Beach Community Redevelopment Agency Aerpanre to Florida Auditor Genera'R-1zmzhGg and Tenta{i: t Fi 4a)l Da'ed So - ember 9, 2013 Finding #18: Contract Monitoring Real estate broker reports did not include foreclosure /tax deed information The CRA entered into the Agreement with Anderson & Carr on July 12, 2012. In October 2012, the CRA's Broker coordinated the purchase of a foreclosed property at 203 NW 5th Avenue, via the Palm Beach County Clerk & Comptroller's website. In subsequent months the Broker researched priority properties as directed by CRA staff along the West Atlantic Avenue corridor to determine if there were any pending foreclosure or tax deed sales, which was indicated on the quarterly reports. In the first two quarters of 2013, the CRA's broker assisted closely in the negotiations to acquire two key parcels adjacent to other CRA owned sites. CRA staff will review the status of the contract to determine if it should be modified to more closely reflect the desired outcomes. 0 Cons truction /ProfessionalServices Agreement with City — required monthly reports were not submitted The status of all CRA - funded projects including those contained within the subject agreement is provided to the CRA Board in the Monthly Status Report, which is routinely updated by CRA and City staff. CRA staff will work with City staff to ensure that the information required per the Construction /Professional Services Agreement is provided either in that report or in a separate report. • lnterlocal Agreement with City forShuttle Funding —ridership data not submitted in a timely manner. We agree with this finding and will take steps to ensure that the data is submitted on a quarterly basis. Finding #19: Policies and Procedures regarding travel expenditures could be enhanced There is an inconsistency in the Human Resources Manual regarding the calculation of mileage. In order to address this finding the Manual will be modified to state that the IRS mileage reimbursement rate will be used. All CRA travel is for justifiable purposes related to obtaining education and information on redevelopment issues, or in many cases, making presentations about the Delray Beach CRA at conferences and workshops. In order to address this finding staff will review the CRA's travel policies to determine ways to improve the approval and review of expenditures. Attachment: Memorandum No 2013 -006 from CRA Attorneys re Delay Beach CRA Expenditures of Tax Increment Funds Page 19 33 SEPTEMBER 2013 REPORT No. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY MEMORANDUM NO. 2013-006 TO: Diane Colonna, Executive Director CC: Howard Lewis, Chair Members of the CRA Board of Commissioners FROM: Donald 1. Doody, Office of the General Counsel VW David N. Tolces, Office ofthe General Counsel Dom! RE: Delray Beach Community Redevelopment Agency ("CRA ") 1 Expenditures of Tax Increment Funds DATE: March 28, 2013 Pursuant to your request, we have reviewed the March 14, 2013 memorandum submitted by a member of the public. The memorandum asserts a position that there exist several issues'relative to the expenditure of public fiends by the CRA. Accordingly, our office has reviewed the relevant Florida statutes, Attorney General Opinions, and the CRA's Redevelopment Plan and conclude that the expenditures of funds for the construction and promotion of facilities such as the Arts Garage, the Municipal Tennis Center, and the Delray Beach Public Library are consistent with the applicable statutes governing the operation of a CRA, and therefore legally allowed. This memorandum examines the CRA's authority to fund such operations and facilities. 1. Attorney General Opinion 2010 -40 On September 27, 2010, the Florida Attorney General issued an Attorney General Opinion ( "AGO ") in response to an inquiry concerning a CRA's expenditure of hinds for events that promote the redevelopment area as well as for entities that promote tourism and provide socially beneficial programs. AGO 2010-40 was issued in response to an inquiry from the City of Sanford City Commission regarding the expenditure of CRA funds for promotion of the redevelopment area in the City of Sanford. In a response addressed to the Sanford City Attorney, Attorney General Bill McCollum stated that the use of CRA funds to promote the redevelopment area "... would appear to fall within the purposes of the redevelopment act." The Attorney General also stated that in the case of the City of Sandford the use of redevelopment funds to pay entities promoting tourism or providing socially beneficial programs, did not, however, "have an apparent nexus to carrying out the purposes of the redevelopment act." Therefore, the opinion issued to the City of Sanford required a nexus between the expenditure and the fulfillment of the purposes of the Community Redevelopment Act. It is important to note, however, that the cited Attorney General's opinion does not prohibit the use of CRA funds to promote activities that are contained in the CRA's Redevelopment Plan and further the redevelopment purposes of the CRA. 34 SEPTEMBER 2013 REPORT No. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Notwithstanding the Attorney General's cautionary statement regarding the required nexus between the expenditure and the Redevelopment Act, the Attorney General examined Section 163.387(6), Fla. Stat., with respect to whether a CRA may use redevelopment trust funds for promotion of the community redevelopment area and concluded that ". . . [to] read the statute as precluding the promotion of a redeveloped area once the infrastructure has been completed would be narrowly viewing the community redevelopment as a static process." Based upon this reasoning, the CRA's expenditures to promote the redeveloped areas within the Community Redevelopment Area are consistent with the statutory language. 11, Legal Analysis Section 163,356(l), Florida Statutes, states in part that the CRA's purpose is to undertake "community redevelopment." The term "community redevelopment" is defined in Section 163.340(9), Florida Statutes, as follows: (9) "Community redevelopment" or "redevelopment" means undertakings, activities, or projects of a county, municipality, or community mdevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas, that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan. in order to pursue its purpose of community redevelopment, Section 163.387(6), Florida Statutes authorizes the expenditure of funds in the redevelopment trust fund by the CRA "for undertakings of a community redevelopment agency as described in the community redevelopment plan, including but not limited to:" (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants within or outside the community redevelopment area as provided in s. 163.370, (e) The repayment of principal and interest or any redemption premium for Ioans, advances, bonds, bond anticipation notes, and any other form of indebtedness. (f) All expenses incidental to or connected with the issuance, sale, redemption, retirement; or purchase of bonds, bond anticipation notes, or other form of 35 SEPTEMBER 2013 REPORT No. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other forth of indebtedness. (g) The development of affordable housing within the community redevelopment area. (h) The development of community policing innovations. In AGO 2010 -40, the Attorney General recognized that the use of the term " incIudinng, but not limited to" in Section 1 63.387(6), Florida Statutes, provides flexibility to a CRA with respect to the use of redevelopment trust funds. 111. The Wray Beach CRA Community Redevelopment Plan fn further support of the CRA's activities and expenditures, the CRA's Redevelopment Plan, most recently updated on September 20, 2011, through the adoption of Ordinance 27 -11, by the City of Delray Beach City Commission, contains the authority for the CRA to expend the redevelopment trust funds for promotional activities including, but not limited to the Old School Square Parking Garage Commercial Space, the Municipal Tennis Center, and the Delray Beach Municipal Library. A. Commercial Space within Old School Square Parking Garage. The Redevelopment Plan provides for the following with respect to development potential within the Pineapple Grove Cluster. On Page 36 of the Redevelopment Plan, the use of commercial space in the parking garage is identified as a potential for development. The Redevelopment Plan provides the following redevelopment opportunities in the Pineapple Grove area: Promote Pineapple Grove as a high profile destination v Create storefronts at strategic locations (corners, near building entrances, etc.) and allow some non - retail on ground floor (i.e. at the new garage) to avoid a glut of marginal retail space. Objectives contained on Page 52 of the Redevelopment Plan include the following objectives with respect to the downtown area; To create a self - sustaining downtown that has a balanced mix of uses. To facilitate economic development and ensure that the downtown remains the economic, cultural, and governmental center of the City. The Pineapple Grove Neighborhood Plan provides for the development and promotion of venues providing space for art and music. Specifically, on Page 60 of the Redevelopment Plan, the CRA's participation may include the following elements: Support arts - related uses and features that help establish and maintain the area's identity as an arts district. 36 SEPTEMBER 2013 REPORT NO. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE • Work with the Pineapple Grove organization to ensure that the City's Land Development Regulations facilitate the establishment of arts - related uses. • Establishment of the area's special identity as an arts related district. Finally, Block 76, "Old School Square Expansion and Parking Gat-age" is specifically referenced on Page 66 of the Redevelopment Plan. in explaining the background of the project, the Redevelopment Plan provides "The plans for [the] garage also included ground floor commercial space adjacent to Pineapple Grove Way and NE I" Street." The objectives for the Old School Square Expansion and Parking Garage as stated in the Redevelopment Plan include: • Promote arts and cultural activities as a means to foster increased economic development within the city center. • Provide a cornerstone for the revitalization The inclusion of these specific references to the parking garage, and commeroW space within the parking garage, provides the guidance for the CRA to expend funds contained within the redevelopment trust fiord on projects related to the Old School Square Parking Garage in a manner- consistent with state law. B. Municipal Tennis Center and lay Beach Public Library. With respect to the Municipal Tennis Center and the Delray Beach Public Library, the Redevelopment Plan confirms the CRA's participation in these projects as an essential element of the enhancement of recreation and cultural facilities in the Community Redevelopment Area. Specifically on Page 30, the Redevelopment Plan confirms that: The CRA helped pay off debt service for the establishment of the tennis stadium at the downtown Tennis Center. This facility has hosted major tournaments and generated a great deal of economic activity for downtown restaurants, shops, and hotels. The CRA also contributed funding for the establishment of the new public library in the 100 block of the south side of West Atlantic Avenue. The relocation of this facility to West Atlantic area has been a major catalyst to the redevelopment of the western edge of the downtown, as it attracts more people and activities to venture west of Swinton Avenue. The Municipal Tennis Center is identified as a Community Improvement Program on Page 94 of the Redevelopment Plan. The objectives of the CRA's participation in the funding and operation of the Municipal Tennis Center are to; • Encourage the use of the Municipal Tennis Center as a venue for major sporting events and other entertainment activities • Stimulate economic development within the West Atlantic Redevelopment Area and the downtown as a whole by attracting visitors and activity to a major public facility located directly within the area. 37 SEPTEMBER 2013 REPORT NO. 2014 -013 EXHIBIT B (CONTINUED) MANAGEMENT'S RESPONSE Where appropriate, support the utilization of sports facilities within the CRA district for events and programs that will provide an economic benefit to hotels and businesses within the CRA district and the City as a whole. By identifying the specific program and objectives in the Redevelopment Plan, the CRA's funding and participation in events and programs associated with the Municipal Tennis Center is consistent with the statutory provisions and the Attorney General's Opinion. The Delray Beach Public Library's continued operation and development as a cultural hub in the `)Vest Atlantic Area is included as an ongoing redevelopment project on Page 68 of the Redevelopment Plan. Specifically, the Redevelopment Plan provides: In order to continue to promote activity and economic development in the West Atlantic area, the CRA agreed to fund a portion of the operating funds so that the library could continue to be open seven days a week and offer the same range of services and activities. The CRA will consider on an annual basis, a commitment of funding in order to ensure that the library can continue to function in this manner. This type of promotional activity to support a completed capital project is consistent with the relevant statutory provisions and the Attorney General's Opinion. IV. Conclusion The CRA's activities, as evidenced above, are consistent with Florida law and the CRA's Redevelopment Plan. The CRA's actions and use of funds to eliminate slum and blight, and to promote the redeveloped area within the CRA's boundaries, is consistent with the provisions of Chapter 163 and the 2010 Attorney General's Opinion. If you require any additional information, please do not hesitate to contact our office. DNT:dnt 11:1 GOV CLIENPS%MCRA 6551060018 DBCRA1MEMO5 20131 2013 -006 (CRA J3xpendipim) v2.docx 38 .. . . .. . . . �; .. . . . . . ... . i'g, AID 'il I v Yl? Uq� J O l 1 � IA ��i O�W i Wy �4 IWO� . . . . . . . . . . . . . All 1141,�q,pq ", 'A ... . ...... I I A "I'S "k, N"i'a N�,q �f �k 1":� M , U , 6 "V" 44', AUDITOR GENERAL STATE OF FLORIDA " G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 RG DAVID MAR- frx,CPA Se 9 , 2013 PHONE: 850 -488 -5534 AUDITOR G oy-RAL FAR: 850488 -6975 Mr. Howard Lewis, Chairman Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 3344.1 Dear Mr. Lewis: Enclosed is a list of preliminary and tentative audit findings and recommendations which may be included in a report to be prepared on our operational audit of the: Delray Beach Community Redevelopment Agency Pursuant to Section 11.45(4)(d), Florida Statutes, you are required to submit to me within thirty (30) days after receipt of this list a written statement of explanation concerning all of the findings, including therein your actual or proposed corrective actions. Your written statement of explanation should be submitted electronically to flaud en audrDt i ataud.state..us (flaudgen audrpt lg @aud.state.fl.us) in source format (e.g., Word or WordPerfect) and include your digitized signature. For quality reproduction purposes, if you are not submitting your response in source format, please convert your response to PDF and not scan to PDF. If technical issues make an electronic response not possible, then a hard copy (paper) response will be acceptable. If you are submitting a hard copy, address to Auditor General, Local Government Audits /Section 341, 111 West Madison Street, Tallahassee, FL 32399 - 1450. Please a -mail this Office at flaudgn audrpt IgOlaud.state.lus to indicate receipt of the preliminary and tentative findings. Absent such receipt, delivery of the enclosed list of findings is presumed, by law, to be made when it is delivered to your office. If within the 30 -day period you have questions or desire further discussion on any of the proposed findings and recommendations, please contact Marilyn Rosetti at (850)487 -9031 or at marilynrosetti a ,au.state..us ; Sincerely, '-'C�00d 44er David W. Martin DWM /jk Enclosure c: Diane Colonna, Executive Director David Tolces, General Counsel Board Members ****PRELIMINARY AND TENTATIVE FINDINGS"" DEL RAY BEACH COMMUNITY REDEVELOPMENT AGENCY SUMMARY r o e perational audit of the Delray Beach Community Redevelopment Agency (CRA) disclosed the following: COMPLIANCE WITH THE Commuwry REDEvELo Fin W No. 1- u® the period October 2011 through Match 2013, the CRA paid a total of $2,084,183 to various nonprofit organizations to fimd their operations and for promotional actives of socially beneficial programs, and contributed $1,070,000 to the City of Delray Beach (City) as a sponsor for tennis tournaments. Neither the CRA Plan nor CRA records clearly demonstrated the CRA Board's determination of the extent to is the funds provided to the organizations had been appropriately restricted to activities authorized by the Community Redevelopment Act. Fin W g _No. I The CRA leased property fiom the City and subleased the property for considerably less than it was paying the City, the net effect of is appears to have been a $423,833 subsidy of the City's operations. FindinLy No. 3: The CRA's records did not demonstrate that amounts paid to the City for Project Manager and Neighborhood Planner services were appropriate based on tea a ose employees spent on CRA_ relate d activities. FindinL No. 4: The CRA's records did not demonstrate compliance with Section 163.3 7(7), Florida Statutes, regarding the disposition of unexpended CRA trust to moneys at year-end. GRANT AND FUNDING ADMINISTRATION EmWi o. 5. The CRA made some business development grant awards in excess of program guidelines. Fiad �No�.6- The CRA did not adequately monitor funding provided to nonprofit organizations. FRAUD AND ET Hi LS Finding No. 7- The CRA Board had not adopted poles for the mitigation, detection, and reporting of fraud. in W.No. 8. Certain CRA Board members and one employee did not timely file statements of financial interests, contrary to Section 112.31 45(2), Florida Statutes, BuDGETARY C Finding o. 9: The CRA's adopted budget did not include all prior year balances brought forward, contrary to law, and did not reflect the true cost of the Green Market program. Finding No. 10, The CRA needed toe a ce its budgetary controls to ensure that expenditures are limited to budgeted amounts as required by law. CASH CQNTROLS LND ADmimmmo Findi W,.No. 11- The CRA had not entered into agreements with several financial institutions regarding electronic funds transfers. PROCUREMEhaC OF GOODS AND SERVICES Finding No. 12- The CRA's disbursement processing controls could be enhanced. Findin-a No. 13: The CRA did not always comply with prescribed policies and procedures, of to law, regarding the competitive procurement of services. F i o. 14: The CRA's controls over the issuance and use of credit cards could be enhanced. Moiling No. 15- CRA records did not always evidence the public purpose served by expenditures. I ****PRELIMINARY AND TENTATIVE FINDINGS**** REAL PROPERTY AcQUISITIONS Findine No. 16: The CRA needed toe ace its procedures for acquiring real prop" toes that real property is acquired at the best price possible. CONTRACTUAL SERVICES Findin-- No. 17: The CRA did not have a current written agreement for General Counsel services and some written agreements did not contain statutorily required provisions. Finding No. IS: The CRA's monitoring of compliance with contractual reporting requirements could be enhanced. TRAVEL Finding No. 19: The CRAs policies and procedures regarding travel expenditues could be enhanced. FINDINGS AND RECOXOMNDATIONS Compliance with the Community Redevelopment Act "Redevelopment," for purposes of the Act, is defined in Section 163.340(9), Florida Statutes, as undertakings, activities, or projects in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight the reduction or prevention of crime; the provision of affordable housing; or the rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed. Section 163.370, Florida Statutes, grants counties and municipalities broad powers necessary or convenient to carry out the purposes of the Act. The Act focuses primarily on physical restoration of the CRA area, including -acquisition and preparation of land or other real prop", and the construction of buildings or affordable housing, except for express authority to conduct community policing innovations. Section 163.360(2), Florida Statutes, indicates that the CRA plan must: (a) conform to the comprehensive plan for the county or municipality as prepared by the local planning agency under the Community Planning Act; (b) be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the CRA area, zoning and planning changes, if any, land uses; maximum densities; and building requirements; and (c) provide for the development of affordable housing in the area, or state the reasons for not addressing in the CRA plan the development of affordable housing in the area. Further, Section 163.362, Florida Statutes, requires that the contents of every community development plan show by diagram and general description the physical layout of the CRA area and specifically identify any publicly funded capital projects in the area. While the CRA expended moneys in accordance with the CRA Board-approved CRA Plan, as discussed further in finding Nos. 1, 2, and 3, we have questioned whether certain uses of CRA funds were consistent with the Act. Additionally, as discussed in finding No. 4, the CRA's records did not evidence compliance with the Act regarding disposition of CRA trust fund moneys at year-end. Finding No. I- Promotional Activities and Socially Beneficial Programs During the period October 2011 through March 2013, the CRA contributed moneys to various nonprofit organizations. Pursuant to agreements with these organizations, funding provided by the CRA was to be used for the nonprofit organizations' ongoing operating expenses, promotional activities, or for socially beneficial programs. The nonprofit organizations included the following 2 ****PRE LIMINARY AND TENTATIVE FINDINGS"" Y Delray Beach Downtown Marketing Cooa tative. Inc. (DMC) The DMC was created by the CRA, the City, the Delray Beach Downtown Development Authority, and the Greater Delray Beach Chamber of Commerce_ The DMC's mission is to attract people to the City, and create a positive economic impact through destination marketing, marketing programs, events, and community collaboration. The CRA provided the DMC funds totaling $634,290 during the period October 2011 through March 2013, including $465 for specific DMC events and $633,825 to be expended as determined by the DMC. ➢ Creative Croy collaboadve. Inc. (CCC) The CCC's mission is to create and implement strategies and programs for development and operation of an arts center within the CPA area to attract visitors and promote economic development. The CRA provided funds totaling $481,893 during the period October 2011 through March 2013 to, or on behalf of, the CCC to support its operations and for the purpose of providing community and cultural art programs within the CRA area. In addition, the CRA paid for the space occupied by the CCC through a lease with the City (see additional discussion in finding No. 2). Pursuant to the agreement between the CRA and the CCC, beginning May 2011, the CCC was required to pay the CRA $500 per month (increased to $1,000 per month effective October 1, 2011) to compensate the CRA for marketing and maintenance expenses associated with arts pro gramming . Y Delray Beach Public L& ggM The CRA Plan indicates the Library is not a City facility and is run by a nonprofit board. The CRA Plan also indicates that while the City had financially supported the Library, the City reduced funding to the Library beginning in 2007 due to budget constraints created by property tax reform and "to continue to promote activity and economic development in the West Atlantic area, the CRA agreed to fund a portion of the operating funds . . ." The CRA provided the Library funds totaling $462,000 during the period October 2011 through March 2013. Y Old School uare Inc. OSS . The OSS's mission is to be the community's cultural center, enriching people's lives by presenting diverse experiences in visual and performing arts, education, and entertainment; n urturin g artistic expression and involvement; providing a community gathering place and preserving its National Historic site, which is located within the CRA area. The CRA provided the OSS funds totaling $356,250 during the period October 2011 through March 2013 to fund its organizational operations for the performing arts program and grassroots partnership program. Y Fad a� ndrug and Preserving Our Cultural Heritage. Inc EPOCH's mission is to expand, preserve, and present the culturally diverse history of the African Diaspora in Palm Beach County. The CRA provided EPOCH funds totaling $149,750 during the period October 2011 through March 2013 to fund its organizational operations for the Museum and Exhibitions, and Lectures, programs. The CRA also entered into agreements with the City to participate as a sponsor for the International Tennis Championships tournaments held at the Municipal Tennis Center, providing the City $535,000 in the 2011 -12 and 2012 -13 fiscal years, respectively. In considering the allowability of the types of contributions discussed above, which totaled $3,154,183 during the period October 2011 through March 2013, we found that there is limited guidance to CRAB as to what constitutes authorized expenditures other than the language of the Act. The Attorney General has issued opinions addressing the allowability of certain expenditures under the Act. For example, in Opinion No. 82 -86 the Attorney General indicated that, in addition to improvements that change the physical appearance of a particular property, areawide improvements such as improvements to sidewalks and utilities were appropriate projects to be undertaken by a CRA. In Opinion No. 2010 -40, the Attorney General responded to an inquiry regarding whether a CRA may expend fiends for festivals or street parties designed to promote tourism and economic development, make grants to entities that promote tourism and economic development, or make grants to nonprofit entities providing socially beneficial programs. The Attorney General stated that while Section 163.387(6), Florida Statutes, indicates the use of CRA trust funds was not limited to those purposes enumerated therein, a CRA "is a statutorily created administrative agency that 3 ****PR-ELIMINARY AND TENT E IN may only exercise those powers that have been expressly granted by statute or that are necessarily exercised in order to carry out an express power." The Attorney General also indicated that the legislative intent of the Act would necessarily limit the expenditures by a CRA, and stated that "funds raised by taxation for one purpose cannot be diverted to another use." In addition, the Attorney General stated that "[t]he enumerated uses of community redevelopment trust fund moneys are likewise couched in terms of redevelopment activities involving `bricks and mortar' in a manner of speaking, rather than promotional campaigns to encourage people to populate the area once the redevelopment has been accomplished. However, to read the statute as precluding the promotion of a redeveloped area once the infrastructure has been completed would be narrowly viewing community redevelopment as a static process. Accordingly, I cannot say that the use of community redevelopment funds would be so limited that the expenditure of funds for the promotion of a redeveloped area would be prohibited. However, grants to entities which promote tourism and economic development, as well as to nonprofits providing socially beneficial programs would appear outside the scope of the community redevelopment act." The Attorney General further stated that "Use of community redevelopment funds for entities promoting tourism or providing socially beneficial programs, however, does not have an apparent nexus to carrying out the purposes of the community redevelopment act." The CRA's contributions to the above organizations were subject to use for a variety of purposes, including promotion of the redeveloped area and the operation of organizations that were geographically located within the redeveloped area and that provided socially beneficial and cultural programs. Based on our consideration of the provisions of the Act and the referenced Attorney General opinions, use of CRA funds are to be restricted to those clearly authorized by the Act (e.g., redevelopment activities involving "bricks and mortar") or for the promotion of the redeveloped area. The CRA provided us an opinion from its General Counsel characterizing the above -noted contributions as being for promotional activities and indicating that through inclusion of these activities in the CRA Plan, the CRA's contributions were consistent with State law. However, neither the CRA Plan nor CRA records clearly demonstrated the CRA Board's determination of the extent to which the funds contributed to the above -noted organizations had been appropriately restricted to activities authorized by the Act. V711ile it is clear that the location of organizations operating primarily socially beneficial and cultural programs in the redeveloped area may encourage the public to visit the redeveloped area and, thus, provide some promotion of the redeveloped area, it was not clear from the CRA records that the benefits provided by the funding were limited primarily to the redeveloped area or that promotion of the redeveloped area was the intended primary public benefit of the arrangements. In these circumstances, it was not apparent how funding of the operations of the various organizations referenced above constituted an appropriate nexus to the purposes of the Act Recommendation: If it is the 's intent o continue funding the abovc-noted organizations on an ongoing asisp the CRA Board should seek guidance from the Attorney General as to a e the use of funds CRA for these i4nding arrangements is allowable er the Act. Additionally, the CRA should document its records that these organizations' use of the fimding is restricted to activities authorized e Act. Finding No. 2: Property Leased from the City On January 11, 2010, the CRA entered into a five -year lease agreement with the City for 10,289 square feet of the first floor of the Old School Square Parking Garage. Pursuant to the agreement, annual rent of $150,000, or $14.58 per square foot, is payable to the City in one lump sum at the beginning of each lease year. Subsequently, the CRA 4 ****PRELIMINARY AND TENTATIVE FINDINGS"" subleased the entire 10,289 square foot of space to two nonprofit organizations, whose missions are to promote the arts, as follows: )' On August 26, 2010, the CRA entered into a two -year sublease of approximately 5,000 square feet with the Puppetry Arts Center of the Palm Beaches, Inc., with monthly rent of $400 ($4,800 annually, or $.96 per square foot). Due to construction delays, the lease term commenced on May 1, 2011, and an April 15, 2013, amendment to the lease extended the term of the lease through May 4, 2014. On December 21, 2010, the CRA entered into an agreement with the CCC for the CCC to provide assistance in creating and implementing the development and operations of an arts center. The agreement allows the CCC to use the r emainin g 5,289 square feet of space at no cost to the CCC (see additional discussion in finding No. 1). The CRA subsequently entered into a sublease agreement with the CCC for the period July 1, 2012, through January 31, 2015, with monthly rent of $466.67 ($5,600 annually, or $1.06 per square foot). During the period February 2010 through January 2013, the CRA paid $450,000 in rent to the City and received tents totaling $26,167 from the sublessees with these organizations, for a net cost to the CRA of $423,833. The effect of these transactions appears to have been a $423,833 subsidy of the City s operations. According to the CRA's 2011 -12 fiscal year audited financial statements, Palm Beach County contributed 40 percent of the CRA's total tax increment funding, which represented 38 percent of the CRA's total revenues. Consequently, these transactions may have resulted in County funds being used for City purposes_ In response to our inquiries as to why the CRA leased space from the City and then subleased the space to the nonprofit organizations, rattier than the City leasing the space directly to these organizations, CRA personnel indicated that the City is not accustomed to administering leases and, therefore, the CRA offered to manage the tenancy as an economic development initiative. However, it is not apparent why the CRA could not have acted as an agent for the City rather than using CRA trust fund moneys to subsidize City operations. Recommendation: The CRA should ensure that any r transactions with the City do not have the effect of subsiclizing the CiWa operations. Finding No. 3: Support for CRA Expendu tures Section 163.387(1)(a), Florida Statutes, requires that funds allocated to, and deposited in, the CRA trust fund be used to finance or refinance community redevelopment pursuant to an approved CRA plan. Section 163.387(6), Florida Statutes, provides that moneys in the CRA trust fund may be expended for undertakings of the CRA as described in the CRA plan, including, but not limited to: i> Administrative and overhead expenses necessary or incidental to the implementation of the CRA plan. Y Expenses of redevelopment planning, surveys, and financial analysis. Y Acquisition costs of real property in the redevelopment area. Clearance and preparation costs of the redevelopment area for redevelopment and relocation of site occupants. Y Repayment of principal and interest or any redemption premium for any form of indebtedness. Y Expenses incidental to, or connected with, the issuance, sale, redemption, retirement, or purchase of any form of indebtedness, including funding accounts pro-vided for in related ordinances or resolutions authorizing the indebtedness. 5 ****PREL1M TENTATIVE FI NDINGS**** y' Costs for the development of affordable housing within the community redevelopment area. i- Costs for the development of community policiiag innovations. The CRA entered into two interlocal agreements with the City to fund a portion of the salaries and benefits for Project Manager and Neighborhood Planner position for their work on CRA- related projects. The agreements required the City to provide quarterly reports to the CRA, including timesheets and payroll information to support the amounts charged. The CRA was invoiced and paid a total of $160,625 for these positions during the period October 2011 through March 2013; however, the invoiced amounts were based on budgeted amounts rather than actual salary expenditures based on actual time spent by these employees on CRA- related activities. As a result, CRA records did not demonstrate that the amounts paid to the City for these services were appropriate based on the actual time the employees spent on CRA- related activities. r u Recommendation- To ensure at CRA fimds axe used only for allowable purposes, the CRA should ensure at amounts tote City are ite to actual salary en i es based on actual e spent by these employees on CRA-related activities. Finding No. 4: Ending Balances in CRA Trust Funds Section 163.387(7), Florida Statutes, provides that on the last day of a CRA's fiscal year, any money remaining in the CRA trust fund after the payment of expenses described in the CRA plan for such year must be either returned to each ta xing authority that paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year; used to reduce the amount of any indebtedness to which increment revenues are pledged; deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan, which project will be completed within three years from the date of such appropriation. As noted in finding No. 9, the CRA's 2011 -12 and 2012 -13 fiscal year budgets only included a portion of the balances brought forward from the prior fiscal year. Although the CRA's audited financial statements for the 2008 -09 through 2011 -12 fiscal years indicated that portions of ending fund balances were designated or assigned for appropriation in subsequent fiscal years' budgets, much of the appropriations from the prior fiscal years were not used in the fiscal year in which they were appropriated. Further, the CRA also reported undesignated and unassigned fund balance in each of those fiscal years. As shown in Table 1, more than $7 million of moneys deposited to the CRA trust fund since the 2008 -09 fiscal year have been unused in subsequent years. 6 ****PRELIMINARY AND TENTATIVE FINDINGS**** September30 Ending Fund Balance Less: Amount Used Unused Amount Plus: Ending Total unused Designated /Assigned for in Subsequent fund Balance Appropriation in the Fiscal Year Undesignated/ Subsequent Fiscal Year Unassigned 2009 $5,980,620 ($2,723,293) $3,257,327 $4,450,685 $7,708,012 2010 5,283,569 (486,637) 4,796,932 2,516,788 7,313,720 2011 5,019,518 0 5,019,518 2,473,620 7,493,138 2012 7,528,433 (1) (1) 2,126,764 (1) Note (1): The amounts used and unused during the 2012 -13 fiscal year were not finalized as of the completion of our field work in August 2013. Source: Auditor General calculations based on amounts included in the CRA's Audited Financial Statements Further, the CRA did not reduce indebtedness, place funds in escrow to later reduce indebtedness, or return funds to the taxing authorities. Consequently, CRA records did not demonstrate compliance with Section 163.387(7), Florida Statutes, regarding the disposition of unexpended trust fund moneys. In response to our inquiry regarding the CRA's compliance with Section 163.387(7), Florida Statutes, CRA personnel indicated that a review of ending balances was performed annually through the budget process, audit report, and CRA Plan review. CRA personnel also provided an analysis comparing cumulative tax increment funding (TIF) revenues to cumulative expenses. Although the analysis indicated that cumulative expenses exceeded cumulative TIF revenue, this analysis did not include other revenues that were received and deposited into the CRA trust fund, such as revenue from leases, land sales, or the Green Market program (see discussion in finding No. 9). As such, the analysis did not demonstrate compliance with Section 163.387(7), Florida Statutes. Recommendation: Te CRA should document in its records that unused have either been obHgated for purposes authorized y law or return such s to the taxing authorities. Grant and Funding Administration Finding No. 5: Business Development Grants Pursuant to the CRA's 2011 Plan, the CRA provides financial assistance to local businesses and community organizations through the following local grant programs: Business Development Assistance Program, Historic Fayade Easement Grant Program, Paint -up & Signage Program, and Site Development Assistance Program. Each program has specific guidelines and an application process and each grant award must be approved by the CRA Board. For the period October 2011 through March 2013, the CRA awarded 17 business development - related grants totaling $134,407. Our test of 15 grant disbursements to local businesses, totaling $74,485 for 15 grants, disclosed the following Y The Business Development Assistance Program provided rent subsidies up to $500 per month for a maximum of 12 months within the first 18 months of a multi -year lease. The program guidelines state that to be eligible for assistance, a business must be located within the CRA area, and must be either a new business venture in operation for less than six months at the time of application, an existing business relocating to Delray Beach from another city, or an existing business opening an additional location in Delray Beach. The business must be at the location for which the subsidy is being requested for less than six months at the time the application is submitted. Our review of seven grant awards under this program totaling $40,300, disclosed three grants that will provide subsidies to businesses after the 18tb month in the lease terms, 7 ****PRELIMINARY AND TEMrATFVE FINDINGS**** contrary to the program guidelines. Subsidies in excess of program guidelines total $6,000 over the grant periods. In response to audit inquiry, CRA personnel indicated they calculated the 18 -month period beginning on the day of operation rather than on the day the Iease term started. However, this is contrary to the program description in the guidelines. Y The Site Development Assistance Program offers a partial reimbursement for the cost of exterior improvements to commercial buildings located in the CRA area to encourage business owners to improve existing business sites. The guidelines state that funding is disbursed on a reimbursement basis only and requires submission of detailed work invoices and proof of payment. Our review of five giants awarded under this program disclosed one grant to a business for exterior improvements based on 25 percent of actual eligible expenses up to a maximum award of $25,000. At the time the grant was awarded, the business had begun work on the project. CRA records indicated that the CRA Board - approved grant was based on the remaining exterior improvements, and funds would not be applied to any improvements that had been done prior to the CRA Board approval of the grant. According to CRA records, eligible project casts that w ere paid subsequent to the grant approval totaled $85,139, an amount that would support a grant disbursement of $21,285. However, the CRA disbursed $25,000 to the business on March 28, 2013, resulting in an overpayment of $3,715. Enforcement of grant terms and guidelines is necessary to ensure that funds disbursed to recipients are limited to amounts authorized by the CRA Board. Recommendation: The CRA should ensure at grant awards a re made i accordance with program guidelines. Finding No. 6: Monitoring of Funding Agreements The CRA created a grant program entitled A- GUIDE, Achieving Goalr Ming Impact Driven Evaluation, to provide funding to nonprofit organizations involved in affordable housing, recreation and cultural facilities, and economic /business development. During the 2011 -12 and 2012 -13 fiscal years, the CRA provided significant funding, both for capital projects and operations, to four nonprofit organizations: Delray Beach Community Land Trust, Inc.; Delray Beach Public Library; Expanding and Preserving Our Cultural Heritage, Inc.; and Old School Square, Inc. For the 2011 -12 and 2012 -13 fiscal years, the CRA awarded a total of $1,825,918 to these organizations under the A -GUIDE program. In addition to the A -GUIDE program, the CRA also provided funding to the CCC to establish an arts incubator program within the CRA area. The CRA provided the CCC funds totaling $304,795 during the 2011 -12 fiscal year pursuant to a staffing and funding agreement, and totaling $310,735 during the 2012 -13 fiscal year pursuant to a funding agreement. The 2011 -12 and 2012 -13 fiscal years funding agreements in effect for the four A -GUIDE organizations, as well as the 2012 -13 fiscal year funding agreement for the CCC required the organizations to provide quarterly financial and performance reports by specified dates. Pursuant to the agreements, quarterly payments were to be made to the organizations following the receipt of the required reports. The performance reports were designed to provide information on the activities related to the CRA holding provided, and the financial reports were required to detail the use of CRA funds provided. Out review of the CRA's administration of the funding to these organizations disclosed the following. 1 The CRr1's 2011 -12 fiscal year staffing and funding agreement with the CCC did not require quarterly financial and performance reports. 8 ****PRELIMINARY AND TENTATIVE Y The amounts paid quarterly to the organizations were based on 25 percent of the funding award and the funding agreements did not require the organizations to return any unexpended funds to the CAA. Y Thirteen payments totaling $743,672 were dated prior to the receipt of the required reports, contrary to the agreements. CAA personnel indicated that checks were prepared earlier to allow time for obtaining authorized signatures but were held until reports were received; however, we noted that two checks totaling $142,500 cleared the bank prior to the report submittal date. For 11 other disbursements totaling $674,903, CAA records did not evidence the date the required reports were received by the CRA, as the reports were not signed or dated by the organizations submitting the reports and the CRA did not date -stamp the reports upon receipt_ Fight reports were dated 10 to 57 days after the required submission date. Under the above conditions, there is an increased risk that moneys disbursed to these organizations may be used for unauthorized purposes. Recommendation: The CRA should e funding agreements to require that moneys unexpended, or expended for unauthorized purposes, be refunded to the CRA. The CRA should also enhance controls over monito.ring funding agreements to ensure at required reports are submitted and reviewed timely. Additionally, a CRA should not provide quarterly funding if required reports have not been submitted. Fraud and Ethics Controls Finding No. 7: Fraud Policies On January 15, 2013, the CRA Board executed a Memorandum of Understanding between the CRA and the Palm Beach County Commission on Ethics to exercise authority, functions, and powers granted by the Section 2 -258 of the Palm Beach County Code of Ordinances over CR-A operations. The CRA's personnel policies refer the staff to the Palm Brach Cowin Code of Ethics Guide for Empkee , 2011 Edition {Ethics Guide). The Ethics Guide provides detailed information relating to ethical violations and what may constitute a conflict of interest. Although the CRA Board had adopted an ethics policy, it had not adopted fraud policies. Policies for communicating and reporting known or suspected fraud are essential to aid in the detection and prevention of fraud. Such policies should clearly identify actions constituting fraud, incident reporting procedures, responsibility for fraud investigation, and consequences of fraudulent behavior. Fraud policies are necessary to educate employees about proper conduct, create an environment that deters dishonesty, and maintain internal controls that provide reasonable assurance of achieving management objectives and detecting dishonest acts. In addition, such policies serve to establish the responsibilities for investigating potential incidents of fraud, taking appropriate action, reporting evidence of such action to the appropriate authorities, and avoiding damage to reputations of persons suspected of fraud but subsequently found innocent. Further, in the absence of such policies, the risk increases that a known or suspected fraud may be identified but not reported to the appropriate authorities. Recommendation.- The CRA Board should establish au policies and procedures that clearly identify actions constituting fraud, incident reporting prace es, responsibility for fraud investigation, an consequences of fraudulent behavior. 9 ****PRELIMINARY AND TENTATIVE . Finding No. 8: Statement of Financial Interests Section 112.3145(6), Florida Statutes, provides that the Florida Commission on Ethics (Commission) shall annuall prepare a listing of local officers required to file a statement of financial interests and provide that listing to the local supervisor of elections. Section 112.3145(2), Florida Statutes, provides that each local officer must file, with the supervisor of elections, a statement of financial interests no later than July 1 of each year. Section 112.3145(9)(2)3., Florida Statutes, specifies that local officers include any appointed member of the governing body of a political subdivision, any person holding the position of chief administrative employee of a municipality or other political subdivision; or purchasing agent having the authority to matte a purchase exceeding $20,000 on behalf of a political subdivision. Each year the Florida Commission on Ethics prepares the list of persons holding governmental positions who are required to file statements of financial interests for the previous year. The Commission obtains the name and address of each of these persons from coordinators who have been designated by each State and local government agency- Our audit disclosed that for the 2011 calendar year, there was no statement of financial interests on file with the Palm Beach County Supervisor of Elections for one CRA Board member, and four CRA Board members filed their 2011 calendar year statements between 41 and 72 days after the July 1, due date. As of July 15, 2013, only three of the seven CRA Board members had filed statements of financial interests for the 2012 calendar year. Also, the Executive Director, the CRA's chief administrative employee, did not file a statement of financial interest for the 2011 and 2012 calendar years. Recommendation. The CRA should ensure that all Board members and applicable employees required to file a statement of financial interests are advised of the filing requirements, and ensure that the applicable a es and positions are communicated o the app ropriate coor ao. Budgetary Controls Finding No. 9: Budget Preparation The CRA is a special district as defined in Section 189.403, Florida Statutes. Section 189.418(3), Florida Statutes, requires that the governing body of each special district adopt a budget by resolution each fiscal year and states that the total amount available from taxation and other sources, including balances brought forward from prior fiscal years, must equal the total of appropriations for expenditures and reserves. Budgets are utilized as a tool to regulate expenditures and can also be used as a decision making tool by management regarding the viability and success of individual programs. Our review of the CRA's approved budgets disclosed that: Contrary to law, in preparing its 2011 -12 and 2012 -13 fiscal year budgets, only a portion of the CRA's available fund balance was brought forward from prior fiscal years in det erminin g the amounts available for appropriations. For the 2011 -12 and 2012 -13 fiscal years budgets, the CRA did not include $1,375,389 and $2,126,764, respectively, available from the prior fiscal years. Upon audit inquiry, CRA personnel indicated the amount excluded from the 2012 -13 budget represented a five percent reserve for contingencies and funds that would be needed to purchase land; however, pursuant to Section 189.418(3), Florida Statutes, the entire amount available should have been brought forward and the funds intended for a reserve for purchasing land should have been budgeted accordingly. Subsequent to our inquiry, a budget amendment, totaling $1,852,000, was adopted in July 2013 to recognize the portion of the fund balance reserved for the land purchase. 10 1 TENTATIVE . ➢ The CRA operates a Green Market program to attract visitors and business to the CRA area and included revenue and expenditure line items related to the Green Market program in its budgets. However, the salary for the Green Market Manager, whose position description only includes duties that pertain to the Green Market program, were included in the salaries budget line under the category of Administration. Excluding the Manager's salary, the budgets for the 2011 -12 and 2012 -13 fiscal years show projected net losses for this program of ($9,933) and ($9,600), respectively. With the Manager's gross salary included, these projected losses would be ($60,933) and ($60,600), respectively. As a result, the CRA's budget presentation did not accurately disclose the extent of the projected loss of the Green Market program and, therefore, the CRA Board may not be aware of the true cost of running this program. In response to audit inquiry, CRA personnel stated that the Green Market Manager also performs some general administrative duties for the CRA and the CRA would still incur the expense of this position if the Green Market did not exist. However, the extent of duties unrelated to the Green Market program was not evident from the Green Market Manager's position description. Including all balances available in the CRA's budget improves transparency and accountability for CRA resources. Also, as previously discussed in finding No. 4, the failure to appropriate balances remaining in the CRA trust fund at the end of a fiscal year may be contrary to law, if those funds are not otherwise used as indicated in Section 163.387(7), Florida Statutes. In addition, an accurate of presentation of the Green Market program's expenditures in the budget, and a documented det of the portion of the Green Market Manager's salary that should be allocated to the program, would improve the usefulness of the budget as a tool for decision making. Recommendation: The CRA should ensure a balances brought forward from or fiscal years are included in the o to is for the CRA trust fund. In addition, is should accurately present all direct Green Market program expenditures to provide the CRA Board accurate and complete information from which it can fo a decisions regarding the program. Finding No. 10: Budget Overexpenditures Section 189.418(3), Florida Statutes, provides that the adopted budget must regulate expenditures of the special district, and it is unlawful for any officer of a special district to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations. The CRA's budgets established the legal level of budgetary control at the object level by cost center, and budget amendments were prepared and approved by the CRA Board twice each fiscal year. Our review of the final budget -to- actual expenditures comparison included in the CRA's 2011 -12 fiscal year annual financial audit report disclosed that although the CRA's total budget was not overexpended, five object Ievel line items were each overexpended by amounts ranging from $5,703 to $119,283 (total of $197,619). CRA personnel indicated that the ovetexpenditures were due to adjustments made to agree the CRA's receivables and payables with the City to the corresponding accounts as reported by the City. Absent timely budget amendments, there is an increased risk that CRA expenditures may exceed available resources. Recommendation: The CRA should enhance budgetary controls to timely amend budgets as necessary to ensure that e en es are limited to budgeted o is as required y law. 11 .AM INARY AND TEN G_ Cash Controls and Administration Finding No. It Electronic Funds Transfer s Good control over electronic transfers of CRA fiends requires the use of written agreements with each financial institution to or from which moneys are to be transferred. Such agreements should specify the locations and accounts to which transfers can be made, amounts that can be transferred, and the employees authorized to make such transfers and change the locations to where funds can be transferred. During the period October 2011 through March 2013, the CRA initiated electronic funds transfers (EFTS) totaling $18,088,711. The CRA used EFTS to pay certain vendors and to transfer funds to and from financial institutions (seven accounts at four institutions) and the State Board of Administration (two accounts). The CRA's records did not evidence written agreements with each of its financial institutions regarding EFTS that included restrictions as to the amount of the transfers, where the funds may be transferred, employees authorized to make such transfers, and employees authorized to make changes to the agreement. We were provided written funds transfer agreements for two of the CRA's financial institutions; however, thep were dated 2008 and 2009 and were applicable to only two accounts still in use. Absent current written agreements with all of the CRA's financial institutions sperif}ing authorized destination accounts and dollar limits, and employees authorized to make transfers and changes to the agreements, there is an increased risk that unauthorized transfers could occur without timely detection. Recommendation: The CRA o ensure at it has current agreements t each of its financial ins tituti ons. Procurement of Goods and Services Finding No. 12: Disbursement Processing Controls over disbursements should provide for the documented authorization of purchases prior to paying for and receiving goods or services. In addition, payment should not be made until after confirmation that the purchased goods or services have been received. Our review of 40 check disbursements for purchases, totaling $395,321, made between October 2011 and March 2013 disclosed the following: Y The CRA's Procurement and Purchasing Procedures Manual (Manual) requires that a purchase order form be used for all purchases. Contrary to the Manual, for 7 of the 40 disbursements reviewed totaling $55,059, a contract or purchase order form was not prepared to document authorization of the purchase. In addition, for 8 of the 40 disbursements reviewed totaling $7,125, the invoice was dated prior to the contract or purchase order form. Contracts and purchase order forms serve to document management's authorization to acquire goods and services, and the specifications and prices of the goods and services ordered, and also provide a basis for controlling the use of appropriated resources through encumbrances. ➢ The CRA did not maintain documentation, such as receiving reports, to evidence receipt of goods or services prior to payment for any of the 40 disbursements reviewed. CRA personnel indicated that the Finance Director verbally verified with the purchaser that the goods or services were received prior to paynnent. Documentation including signatures and dates evidencing that goods and services were received, inspected, and approved by appropriate CRA employees axe necessary to ensure that the invoiced goods and services have been received in good condition. Dates that the goods or services were received are necessary for a proper recording of accounts payable at fiscal year -end and may be needed to evidence compliance with the 12 TENT n ****PRELIMINARY AND Florida Prompt Payment Act (Chapter 218, Part VII, Florida Statutes), which establishes procedures and time limits for processing and paying invoices submitted by vendors to local governmental entities. Absent adequate control procedures over purchases and disbursements, there is an increased risk of unauthorized purchases, or payment for goods or services that were not received, without timely detection. Recommendation- The CRA should ensure that written contracts or purchase order forms are used to document the authorization of purchases prior to incurring an obligation for payment. The CRA shout also enhance controls over disbursements to erasure that documentation is retained to demonstrate the receipt of goods and services prior to payment. Finding No. 73: Competitive Selection Process The Manual recommends at least three quotes for purchases of $5,000 or less, requires at least three written quotes for purchases from $5,001 to $25,000, and requires the use of competitive sealed bids or proposals for purchases in excess of $25,000. Section 5.6 of the Manual establishes procedures for competitive sealed bids or proposals. These procedures include guidance for advertising, surety, insurance, bid opening, contract and awards, inspection and rejection of bids_ Certain exceptions to the purchasing requirements provided in the Manual include: subscriptions, publications, and memberships; emergency purchases; and sole source purchases. Our test of 11 contracts for services that were subject to the competitive bid or proposal requirements disclosed the following: y For 8 of the 11 contracts tested, CRA records did not evidence the times or dates the bids were received. These contracts were for consulting, artistic, architectural, landscape, and construction services acquired. For 7 of the contracts, the bid tabulation or proposal sign -in forms included a statement that the listed bids or proposals were received prior to the deadline, but did not provide the actual dates and times received. For the 8th contract, the proposal sign -in forth included dates and times for 3 of the 8 proposals received but only indicated a date for the remaining proposals. CRA personnel indicated that bid or proposal envelopes were time and date stamped but were not retained. For 2 of the 11 contracts tested, CRA records did not include completed evaluation sheets used and signed by the selection committee to score and rank the submitted proposals. The 2 contracts were for auditing services and consulting services for an arts center development plan. i> Two of the 11 contracts were for architectural and landscape architectural senices and, therefore, were subject to the requirements of Section 287.055, Florida Statutes. However, contrary to Section 287.055(3)(d), Florida Statutes, the selection criteria used to evaluate the proposals for these services did not include consideration of whether the firm was a certified minority business enterprise. Also, our test of 40 check disbursements discussed in finding No. 12 disclosed a $32,000 payment for repairs to a 100 -foot tall artificial Christmas tree used to attract visitors to Downtown Delray Beach that were not competitively bid. In this instance, CRA records did not evidence that this purchase was exempt from competitive bidding. In addition, we noted that a selection process for General Counsel services had not been conducted since 2006 (see further discussion in finding No. 17) and these services were listed as excluded from the purchasing requirements in the Manual. During the period October 2011 through Match 2013, the CRA paid $169,150 for General Counsel services. Absent adequate documentation to evidence that bids and proposals were timely received and fairly evaluated in accordance with law and the Manual requirements, there is an increased risk that the CRA may be limited in its ability 13 ****PRELIMINARY AND TENTATIVE FINDINGS"" to sufficiently defend itself against claims alleging unfair purchasing practices. Additionally, without using a competitive selection process when acquiring contractual services, the CRA cannot be assured that such services are obtained at the lowest cost consistent with acceptable quality and performance. Recommendation- For those purchases requiring competitive bids or proposals, the CRA should ensure that documentation is retained evidencing the date and time bids or proposals are received, and the selection committee's evaluations of bids or proposaI& In addition, procedures for evaluating bids or proposals for professional services should include consideration regarding certified minority businesses as required by law. The CRA should also consider using a competitive selection process for acquiring General Counsel services. Finding No. 14: Credit Cards As of March 31, 2013, the CRA had four credit cards that were issued to employees. The CRA received one billing statement each month for all four cards and the cards had a combined credit limit of $22,500. During the period October 2011 through March 2013, CRA credit card purchases totaled $73,785. Our re-6ew of the use of credit cards and test of 30 transactions totaling $14,749 disclosed the following: )0 The CRA Board did not approve, of record, the issuance of CRA credit cards or adopt policies, procedures, or other guidance as to the proper use of CRA-assigned credit cards. > The employees assigned credit cards were not required to, and did not, sign written agreements specifying acceptable uses of credit cards. In the absence of adequate controls over the issuance and use of credit cards, including certifications signed by credit card holders, and adequate review of support for credit card transactions to ensure that charges are appropriate, there is an increased risk that unauthorized charges may be made without timely detection. Recommendation- The CRA Board should determine whether credit cards should be issued to CRA employees; s e t a ppropriate limits on the types of goods and services that can be purchased and the amounts of transactions; and implement appropriate policies and procedures regarding the issuance, use, and monitoring of credit cards. Such policies and procedures should include a requirement for each cardholder to sign a statement certifying that he ors a accepts the terms and conditions set by the CRA on credit card usage. Finding No. 15: Questioned Expenditures Expenditures of public funds must be shown to be authorized by applicable law or resolution; reasonable in the circumstances and necessary to the accomplishment of authorized purposes of the governmental unit; and in pursuit of a public, rather than a private, purpose. Section 163.387(6), Florida Statutes, indicates that moneys in the CRA trust fund may be expended for undertakings of the CRA that are related to financing or refinancing of redevelopment in the CRA area pursuant to an approved CRA plan. Since moneys deposited in the CRA trust fund are restricted as to their use, CIA officials are responsible for establishing and maintaining controls, including the adoption of sound accounting practices, which will provide reasonable assurance that CRA funds are expended only for authorized purposes. Additionally, the Attorney General has indicated on numerous occasions that documentation of an expenditure in sufficient detail to establish the -authorized public purpose served, and how that particular expenditure serves to 14 ****PR ELIMINARY .. I IN further the identified public purpose, should be present at the point in time when the voucher is presented for payment of funds. The Attorney General has further indicated that unless such documentation is present, the request for payment should be denied. In addition to the questionable use of CRA funds as discussed in finding Nos. 1, 2, and 3, our audit disclosed numerous other instances in which CRA records did not evidence that expenditures served a public purpose, and complied with the CRA's 2011 Plan and Section 163.387, Florida Statutes. Specifically, we noted the following. ➢ Our tests of 70 check and credit card transactions for the period October 2011 through March 2013 disclosed 12 (17 percent) transactions totaling $5,644 for items such as flowers, food, gift cards for employees, promotional items, and restaurant charges. ➢ Our review of three petty cash reimbursements, totaling $466, disclosed $266 related to purchases of food items, and $43 related to reimbursements that were listed on the petty cash reconciliation as $20 for tips and $23 for a gift, but for which the CRA's records did not evidence supporting receipts. A total of $100 in credit card rewards points redeemed for cash were, according to CRA personnel, used for various CRA lunch meetings. Absent documentation establishing the authorized public purpose served, and how an expenditure serves to further the identified public purpose, the CRA has not demonstrated that CRA funds were appropriately used. Recommendation: The CRA should strengthen its procedures to require documentation that expenditures se a an authorized u °c purpose, and comply with the CRA Plan Section 163.387, Florida Statutes. Such documentation should a present in a 's records prior to payment. r ®IAI Real Property Acquisitions Finding No. 16: Property Appraisals Good business practice dictates the use of appraisals to determine market value for real property acquisitions. For larger acquisitions, the use of two appraisals provides more assurance of the market value of the property prior to purchase. Should two appraisals result in significant differences in value, the use of a professional appraisal reviews can assist in determining the market value of the property to be purchased. One definition of "market value," indicates that market value is the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale under conditions whereby the buyer and seller are typically motivated, both parties are well- informed and acting in their own best interests, a reasonable time is allowed for exposure in the open market, payment is made in terms of cash in U.S. dollars or comparable financial arrangements, and the price represents the normal consideration for the property sold. Guidance from the Appraisal Institute regarding the sales comparison approach, a commonly used approach in appraisals, indicates that appraisers must consider all relevant transactions that have occurred in the market and then determine which of those transactions should be used. Factors that may determine whether a sale is unusable or requires adjustment include atypical buyer or seller motivations. 2 ?r professional appraisal review can assist in det erminin g compliance with applicable appraisal standards and accepted appraisal procedures. 3 Definition derived from Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. 15 ****PRELIM AND TENTATIVE I I The Operations Manual used internally by CRA personnel indicated that the offering price for property acquisitions is to be typically based upon CRA personnel's knowledge of market conditions, but the purchase and sale agreement will be made subject to the condition that an appraisal must be completed prior to closing. The Operations Manual also indicated that if CRA personnel estimate the value to be at or above $500,000, a second appraisal was required. After appraisals were received they were reviewed by the Development Manager for accuracy. The Operations Manual, which had not been approved by the CRA Board, did not provide for appraisal instructions prohibiting the use of nonprofit, governmental, or quasi-governmental sales in determining value estimates; provide the steps to be taken should widely divergent appraisals be received; or specify when the engagement of professional review appraisers should be considered. Our review of 11 real property acquisitions between February 2010 and November 2012, totaling $3,852,305, disclosed the following. For one property acquired for $9,895,000, the CRA initially obtained two appraisals that indicated values of $1,500,000 and $2,340,000, respectively. Since these values were widely divergent, the CRA obtained a third appraisal that valued the property at $1,685,000. We noted that the CRA did not use a professional review appraiser to assist in determining the reasonableness of the support for the market value of the property. We also noted that some of the wide divergence in the value conclusions among the appraisers appears to have been caused, in part, by the CRA's failure to discourage appraisers from using government - related transactions within the CRA area (i.e., other purchases by the CRA). For example, for the two appraisals with the highest overall value conclusions, all but one of the comparable sales used to value the subject property involved the CRA as the purchaser. However, the CRA would likely be considered an atypically motivated buyer that may have influenced prices in an atypical market created by the CRA. Appraisal guidance used by some governmental agencies strongly discourages the use of governmental purchases in appraisals. For example, Uniform Appraisal Standards for Federal Land Acquisitions states "When appraisals for federal land acquisitions are conducted, sales to the government should not be used as comparable sales unless there is a paucity of private market data as to make a reliable estimate of market value impossible without the use of government purchases." Similarly, the Smpplemental Appraisal Standards for the Board of Trwstees (State Standards) promulgated by the Florida Department of Environmental Protection for State land acquisitions, indicates that appraisers are encouraged not to use purchases by nonprofit organizations, water management districts, or quasi - governmental or governmental agencies, as primary indicators of value, and that regional sales searches are encouraged in the event no local comparable sales can be located. State Standards further require that use of nonprofit, governmental, or quasi - governmental sales be analyzed and considered separately in the appraisal report. We noted that the $1,500,000 appraisal had minimiz the use of nonprofit, governmental, or quasi - governmental comparable purchases. Y For one property acquired for $1,100,000, the CRA obtained only one appraisal, contrary to the Operations Manual. Further, the appraisal, which valued the property at $1,100,000, relied on the negotiated price of the subject property, which was the same price the property sold for in 2004, in determining the value. The appraiser's report acknowledged recent significant declines in the commercial and industrial market conditions. However, the report did not indicate how the market conditions in 2009, when the property was valued by the appraiser, compared to those at the time of the prior sale for the same price in 2004 to test the reasonableness of his value estimate. Consequently, the appraiser's analyses and conclusions did not appear to conclusively support that the value in 2009 was the same as the 2004 sale price. CRA Board consideration and adoption of real property appraisal policies and procedures would better ensure the reasonableness of value estimates and the CRTs acquisition of real property at the best price possible. 16 ****PRELIMINARY AND TENTATIVE FINDINGS"" Recommendation: The CRA Board should adopt written policies and procedures for real property acquisitions. In doing so, the CRA Board should require that appraisals be acquired fora real property acquisitions; that at least two appraisals be acquired for acquisitions over a given dollar limit; that a professional appraisal review be obtained in instances in which two appraisals are widely divergent; and that the use of nonprofit, governmental, or quasi-governmental purchases be discouraged from consideration as comparable sales for appraisals obtained. Contractual Services Finding No. 17: Contractual Agreements As -a matter of good business practice, contractual arrangements should be evidenced by written agreements embodying all provisions and conditions of the procurement of such services. The use of a formal written agreement protects the interests of the CRA, identifies the responsibilities of both parties, defines the services to be performed, and provides a basis for payment The CRA is responsible for establishing controls to provide assurance that the process of contracting for services is effectively and consistently administered. Such controls should include execution of written contracts with dearly defined deliverables; Board approval of all contracts, amendments, and work orders; monitoring of contract payments to ensure they are in accordance with contract terms; and contract provisions requiring the contractor to provide invoices in a detail sufficient for proper pre- and postaudit. Our review of ten contracts for various professional services, and ten interlocal agreements with the City, disclosed the following: No Con&act. The latest contract the CRA had on file for General Counsel services was dated January 26, 2006, for a two-year term. Although there was a renewal provision stated in the contract, CRA records did not evidence that the contract was renewed. Upon audit inquiry, CRA personnel indicated that the rates had not changed and there was no regular evaluation of the firm by the CRA Board. In addition, our review of the payments for these services disclosed that the firm was paid $6,759 for out-of-pocket expenses (copying costs, tide and lien searches, and messenger services) that were not supported by receipts or other appropriate documentation. Inadequate review of invoices prior to payment increases the risk of overpayments or that the CRA will pay for services not provided. Contract Provisions. Audit Services. Section 218.391, Florida Statutes, requires that a procurement of audit services be evidenced by a written contract that includes certain provisions, such as a requirement that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. Although the auditors' contract with the CRA for the 2011-12 fiscal year included a statement that invoices for fees will be rendered each month as work progresses and indicated the hourly rates for each position within the firm, it did not include a provision requiring submittal of sufficiently detailed invoices, and our tests disclosed an instance in which a CRA payment for audit services was not supported by a detailed invoice. Specifically, the CRA received and paid a progress billing invoice for $17,300 for services rendered through January 2013 related to the 2011-12 fiscal year audit; however, the invoice did not detail the amount of hours spent and applicable hourly rates for the work performed through January 2013. As such, CRA records did not demonstrate that the amount invoiced and paid was in accordance with the contract. Contingent Fees. Section 287.055(6), Florida Statutes, requires contracts for professional services to contain a prohibition against contingent fees stating that the contractor warrants that he/she has not paid anyone other than a bona fide employee working solely for the contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of the 17 ****PRELIMINARY AND TENrATIVE . FINDINGS"" agreement. In May 201 the CRA entered into a contract with a firm for a period of three years commencing June 1, 201 for general consulting and other architectural services. However, the contract did not contain the above-noted provision, contrary to law. Recommendation: The CRA should ensure that written contracts are used for all professional services, contracts include all required terms and conditions, and that payments for contractual services are supported by detailed invoices sufficient to allow a determination of contract compliance prior to payment. Finding No. 18; Contract Monitoring We reviewed 20 contracts and interlocal agreements, each of which included provisions requiring the contractor to provide performance and financial reports to assist the CRA in monitoring the services being performed. Our review disclosed that reports submitted for 6 contracts or interlocal agreements did not include the information required by the contract or interlocal agreement, as follows: :oo The quarterly reports submitted for real estate broker services did not contain the foreclosure status in the targeted area or tax deed data in the targeted area. )o An interlocal agreement with the City for construction/professional services required monthly reports detailing the progress of the specific projects, including but not limited to the contract amount, the amount of funds paid to the contractor, the status of the project, and the total change orders. However, CRA records did not evidence that the CRA received the required reports. ;e The interlocal agreement with the City for shuttle bus services required the City to submit quarterly ridership reports on or prior to the 301� day of January, April, July, and October. However, CRA records did not evidence that the CRA received reports for April 2012, October 2012, or January 2013. Absent the receipt and review of the required reports, there is an increased risk that the CRA will pay for services that were not rendered in accordance with contract terms. Recommendation: The CRA should enhance its monitoring procedures to ensure that required reports are received and contain all information required by the contract. Travel Finding No. 19: Travel Expenditures Pursuant to Section 112.061(3)(b), Florida Statutes, travel expenses of CRA officials and employees are limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the CRA and must be within the limitations prescribed by that Section. During the period October 2011 through March 2013, CRA travel expenditures totaled $12,282. Our review of the CRA's Human Resources Policies and Procedures (Policy) disclosed the following: i� Section 29 of the Policy, provides that automobile travel for employees will be reimbursed at the mileage rate set by Section 112.061 (7) (d), Florida Statutes. Section 31 of the Policy, covering travel advances and expense .reconciliations, states that employees shall be reimbursed for use of a personal car for CRA business at the current published Internal Revenue Service mileage reimbursement rate in effect when the travel took place. Section 112.061(14), Florida Statutes, provides the CRA Board with the authority to establish by resolution per diem, subsistence, and mileage rates that vary from those provided in Section 112.061, Florida Statutes, provided that the rates established be applied uniformly to all CRA travel. Our tests disclosed that CRA employees were reimbursed for mileage based on the Internal Revenue Service-published rate; however, 18 ****PRELIMINARYAND TENTATIVE FINDINGS**** because the CRA's Policy prescribes two different mileage reimbursement provisions, the Policy is contrary to law. i' The Policy did not require travel vouchers to be approved by supervisory personnel and our tests disclosed no evidence that supervisory personnel reviewed or approved travel vouchers. In addition, our test of 8 travel vouchers and 7 credit card payments for hotels or airport parking, during the period October 2011 through March 2013, disclosed that these expenditures were not always adequately supported or in accordance with Section 112.061, Florida Statutes, or CRA policies. For example, contrary to Section 31j. of the Policy-, for the 8 travel vouchers reviewed, the traveler had not certified that the expenses were necessary for performance of the travelers' official duties. We also noted that 6 of the 8 travel vouchers reviewed did not list vicinity mileage claimed for reimbursement as a separate line item, contrary to Section 112.061(7)(d)3., Florida Statutes. In addition, we noted some minor overpayments to two CRA Board members and an employee. Enhancement of the Policy and improved review of travel expenditures would decrease the risk of unauthorized travel or improper payments. Recommendation: Ta CRA should revise its Policy to estabhsh uniform mileage reimbursement rates as required y Section 1 . 61(1 ), Florida Statutes, and to require supervisory approval of travel vouchers. The CRA should also enhance its controls to ensure that A travel reimbursements are in accordance with e 's Policy and ec '0 M.061, Florida Statutes. END OF P&T DOCUMENT 19 BOY N_1'01'1�- "'C =B RA CRA BOARD MEETING OF : November 12, 2013 � Consent Agenda I f Old Business I X New Business I ! Legal Executive Director's Report SUBJECT Consideration of funding the driveway curb -cut closure project located within the Florida Department of Transportation (FDOT) Right -of -Way at 301 E. Boynton Beach Boulevard. SUMMARY CRA staff has been working with the engineers at Kimley -Horn & Associates, Inc. on the design and engineering plans to eliminate a driveway curb -cut within the FDOT right -of -way at 301 E. Boynton Beach Boulevard (see Attachment 1). In order to accommodate proposed outdoor dining as requested in the site plan modification application for DJ's Restaurant & Grill, the City of Boynton Beach and FDOT are requiring that the existing driveway curb -cut be eliminated and replaced with FDOT approved sidewalk & curbing. FDOT engineering staff had previously identified this section of existing driveway curb -cut as being redundant and unnecessary while working with Kimley -Horn on the preliminary elements of the Boynton Beach Boulevard redesign project. FDOT has approved imley- Horn's engineering design and permit associated with the curb -cut reconstruction project. After requesting bids from five FDOT approved contracting firms, CRA staff has received two qualified cost proposals for the project (see Attachment lI). These cost proposals were reviewed by the CRA's engineering consultants and both were found to be complete. FISCAL IMPACT $5,750.00 plus a 10% contingency for a total of $6,390.00 from Project Fund Line Item 02 -58100 -203: Boynton Beach Boulevard - Design CRA PLAN, PROGRAM OR PROJECT Downtown Vision and Master Plan, CRA Redevelopment Plan RECOMMENDATIONS /OPTIONS Approve funding in the amount of $6,390.00 for the driveway curb -cut closure project located within the Florida Department of Transportation (FDOT) Right -of -Way at 301 E. Boynton Beach Boulevard. Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board Meetings\Nov 20131E BB Blvd curb cut closure prj.doc ATTACHMENT I t 5t a 4 o- t i 1 s 1 u, - <t - u - -- } 4 N� ........... its q z ){ too 0 tivvi - ri \r - �� - ,' of - I ti wz IX z U Q 7 z OW auwx ae z� �� uu� l°�� II l o w c wx ry - x o p ll I wtia zz w Ln IS Alr— Q >o� �� I I w ?w� •1► oo y B18F 3N 'aAWISMOVRIS w V zv I I xz Il W w 0 3 SOS II �Q cr }.� W �� gg a uw uw►. z Ln m Q¢ uv h �uui wautida a via �c`aLn z5 ^o 0uc 43 y w w «r �ti e I+��n �wa�Q x „" mx ° roz� I ° - w � ~ W WUu ff ti e ; III �x� - !IE 3�` ° t Af QZO��~U� n i 2 I 0 L ci M z I qll � I pq E ill ti i I ill a 4 Ln Z I I I Z a1 q $ �z I q q U LA uu U w* co kn a ¢ x� 0 �w aw ti Z ar�„7 - ..,... te a❑ � ° w�W air M 4-1 1 3 �° - z °Ua a z w° CD Z ' u 13- -MIuS PUF 3'N a l I ti ku ft P M 1 1 Nw - No l -pi I . Igm 9 Z o ti E n 1 I 'ny ,q E U101 I �q W �a� 4 U Ha I N I w Pt 8 1 w I V I t t x Lri Ld ® of �y q , � i � 1 V pig .C4 tAl I � L A 4Z kip I ' N iW fli NEI N w .41 Nti ILI !2 gill i A 14 Id K • 49 e -r 47 t CD 0 to ' co &V� C'V Vkd erg: 0 O N 47S a N c 3 0 LD 0 C vQV O O +�+ O 01 �+ 2 a U- in 10 0 O p CD w CD LD CF CD rw w � C A v m _ o a CO o i 0 2 O L .� O O r- 0, C U rL- {ate W v IIS .�Q N O •� om`o LLI ® v ° c I m •e a d ;a , E o Y Ea�� ca U) a of S m� Q U) o r a. o _ �HU ig ww .w 0 C l iG O 07 � C 106 �. Q al 7 00 M �u E i a C O E Q. p) to to Q 0 C �e CL 2 D p C p C U� U di U C�� r Pa 0 O ®® O _ N Q d to c 0 03 07 m U 2 CL C C O j g 0 01 CD P wa mm�� G X00 a z a r - 0ww SPI. AL PROVISIONSICONDMOA.. ROADWA V ACCESS PERMITS ATTACHMENT AA" Permittee will provide the necessary densities In accordance with the Department's current edition of the Standard Specifications for Road & Bridge Construction prior to final acceptance by the Department. It is the Permittee's responsibility to obtain final acceptance of permitted work (completed) and the restoration of the Right of Way from the Department prior to usage. All maintenance of traffic (MOT) will be in accordance with the Departmen a current edition of the Design Standards, (600 series). The Operations Engineer or his designee reserves the right to direct the removaUmlocatlonlmodification of any traffic device(s) at the Permittee's sole expense. Restricted hours of operation will be from 9:00 am to 3:30 pm, (Monday thru Friday), unless otherwise approved by the Operations Engineer, or designee. Permittee will restore the Right of Way as a minimum, to Its original condition or better in accordance w/FDOT's Standard Specifications for Road & Bridge Construction or as directed by the Resident Operatrons Engineer. Permittee shall use the current editions of the Department's Design Standards, Standard Specifications for Road and Bridge Construction and applicable manuals, policies and procedures. Permittee to coordinate all work with the Palm Beach Operations Permits Dept. via fax 561- 370 -4236 Coordination will include a pre - construction meeting. Removalfinstallation of sidewalk will be in accordance With FOOT Standard Index 310. Permittee will provide the Producer's Certification for the CLASS 1 CONCRETE prior to final acceptance by the Department. The Certification must bear the original signature of a legally responsible person from the producer and is provided on the producer's letterhead, During t." ran, .ovgLfrn5taIIation ran, . of nY *b and gutter section. the Permitt e responsible for any damage done to the allotting asphalt The damaged asphak repair will be in accordance with the current specifications andfor as directed by the Resident operations Engineer. ATTACHMENT II ocr r ct DATE: TO: BOYNTON BEACH CRA 1 PROJ—rq "• :561- 737 -3256 'E FAX: 561- 737 -3258 ATT MI 1 PROPOSAL LABOR, EQW.PMENT AND MATERIA.L TO REMOVE ANDRIEP!,ACE CURB, X AND D 1Z1V!4: WAy PER PLAN. Mobilization Maintenance of Traffic - Demo - $750.00 Concrete Labor $2,090.00 Ofiverhead - $5. 1 -0XV I - TO T Lm $5,756.00 AUTHORIZED SIGNATURE Since 1945 1201 Omar Road • West Palm Beach, F1 33445 'Ilea. 661- 832 -63051 Fax 561- 659 -7384 WMDADEI -02 LWAGGONER - IN S U RANC E OATS 101 IW201 vYI 24J2073 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Collinsworth, Alter, Lambell, LLC NAM NI: Dlant C harron 23 Eganfuskee Street N : ( ) 7 -9001 -- � (5S7) 427r6730 Suite r, � dch arron@raille.com Jupiter, FL 33477 INSUREIt4S)AF COVERAGE NAIC a _ INSUWRA:Amerisure Mutual Ins Co 23396 INSURED INSURER B:Arrlerisure Insuranc Co 19488 Wm. D. Adeimy Jr., Inc. INSURE C: 1201 Omar Road INSURER D West Palm Beach, FL 33405 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS A CONDITIONS O F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLTR ..... TYPE OF INSURANCE I NAM POLICY NUMBER t uMl'IS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,40 A X r COMMERCIAL GENERAL LU161LJTY C PP200955610 3/24/2013 =412014 PREMISES (Ea DOCUrre Is 100.00 CLAIMS -MADE L OCCUR MED EXP (Any one person) S 3,00 .- _._,.„.. —. PERSONAL &ADVINJURY $ -w 1,000,00 --- I GENERALAGGRE3ATE § 3,000,00 NX GEIWLLIMITAPPLIESPER: PRODUCTS- CDMPIOPAGG S 2,000,00 POLICY ' X PRO I LOC g jECT AUTOMOBILEUABILITY sIN L 7 000 00 a adant) S B X ANY AUTO r �CA20085551001 3/2412013 31x412014 BODILY INJURY (Perperson)� E ALL OWYEb r SCHEDULE❑ I - - - AUTOS AUTOS I t BODILY INJURY peraeddent) 5 X HIREDAUTOS X NON -0WNEDi. AUTOS i awdent) S -- S N ' UMBRELLA LIAR OCCUR EACH OC CURRENCE i s EXCESS LIAB CLAI Ai3GREG!'.7E S OED I RETENTIONS I S WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'UABILITY YIN f X 1I0RYLMfiS ER B r AUY PROPRIETORIPARTNERIEXECUTIVE 0203578007 312412013 3/24/2014 � Epc,4 C1 4T g 1 ,000,00 OFFICERIMEMBER EXCLUDED' - f ?. I E.L.b1SE -EA EMP LOYEE 5 - - -- 1,000,40 DESCRIPTIONOFOPER,TIDNSbak',v E.L.OISEASE- POLiCYLIMIT S 1,000,00 i DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (Attach ACORD 101, Additional Ramada; Sd iedrde, If more space is required) RE: Permit 92013 -A-A96 -0076 -93200 Certiflcte Holder is named as additional insured including products and completed operations for general liability cG7048, and auto liability when required by written Contract. General Liability in primary and rio wh en required by written contract Waiver of subroga applies to e I liability, auto liability, and workers' compensation for Certif icate holders when required by written contract Cancellation applies per policy to s, conditions and exclusions. Certificate holder is eXpanded to read: FDOT, 7900 Forest Hill Blvd., West Palm Beach, FL 33413 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FDOT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7900 Forest Hill Bbd. ACCORDANCE WITH THE POLICY PROVISIONS. West Palm Beach, FL 33413 AUTHORIZED REPRESENTATIVE 0 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD � w C o R7 LV .....� C C [=.1 V N :3 L Wow W cay�a Q ® ocjw •t pO�N ca LL Z— 0 d � 9 a �g �v� N� O Q aS12� J o LLUfa LCL aNOOo C c } C rL gg9 v F m rJ (D q�LUp , C C U N 0 �� C QO CL LIJ w x a� 13 C J F a CD Ln N C7 OZ 0 O P- LL f� to Ix L N m � m M f4 F M O s 4] 0 in G O — d. C F CD - LL UU 'o C7 Z �i m LL, ° ' ❑ OQ� LU L STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET +jam. TALLAHASSEE FL 32399 -0783 ADEIMY, WILLIAM D JR WM. D. ADEIMY, JR., INC. 1201 OMAR RD WEST PALM BCH FL 33405 -1046 i i sTATrz aF FLo=A A C# s 1. 7 4 7 t Congratulations! With this license you become one of the nearly one million�� D3�1'AItTMBNT OF R[TSSS Floridians licensed by the Department of Business and Professional Regulation_ PRAPESl1I 3;4dAlt,.RLGtJLATIUUIQ Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. CGCA07225 ,;06/2J1 110434156 Every day we work to improve the way we do businesA in order to serve you better.` For information about our services. please log onto www.myfloridallcense.cont. GERTIFIE a ] r z,r. COi�i'f RAtTOR There you can find more information about oijr divisions and the regulations that AD gjXr, impact you, subscribe to department newsletters and learn more about the WM. D. AD91�! Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. 1.S - CEBTTFZ= onaer the provisions :# "ea.4ee Fs Thank you for doing business In Florida, and congratulations on your new license[ s :aeon etee AM 31, 2814 =zESb;Uaosas DETACH HERE AC# 617 4 7 7 4 STA OF FLORIDA D OF BUSINESS �, �jj P�C?FESS]C�1NAL REGULATION CONSTRUCTIt�N INDUSTRY a+ICENSIXG BOARD SEW L12062600708 { LICENSE NBR i 0.6/26/2012 11.10434.1 ,96 CGCA.07225. .�� The GENERAL CONTRACTOR Named below ' Z S CERTIFIED Under the provisions of Chapteta85, r Expiration dates AUG 31, 20 1.4 ADEIMY, WILLLAX a JR WM. D . , ADEIMY, JR., IN C. 12 OMAR RD WEST PALM BCH FL 33405 L4� i RICK SCOTT KEN LAWSON GOi7EY 4OR = SECRETARY DISPLAY AS REQUIRED BY LA a 1 'T r� P lac e Boca R tom FL 33433 561 'TowT� rybal@ eIl�;ou&net 4 y°r ron Beach C.R.A. S itewor k s, PROPOSAL : p - - 268 - - -- A D, 71 . Federal I 1 m:�4 mm��p k � PAGE '5. u5nion Beach, FL 33435 1 1 a£ A °" Michael Sim Director � A i ®�I�3�1 PROD, F Pri . 1t ix 091013 LOO° 301 , 13oyntan Beach Blvd. Ki. ciw Morn and Associalcs PLANS 1 AI 'ED: 1:923 E Eta 1C 1 ' ` � 1 " TOTAL AID p i�' r I ,Hone 2500. Ire �P �t i7 ct lacy l i I S S,fl- - SIt E €w 3 3 d a Ls s 500m s 400.00 m "` °. 0r L 1t " €14L AB()V C),PC AL MFL.' ' N OtiR APPR Vj%L KFASESIGN E L 10 AND HFTI a.RN A COPY BYPAX OR FM Lp'PO A .I:P A 'i-. SITE O S< INC, Wi L PKErARF A ONIR CT FOR YOUR m£1 :A R1„ APPRt3 'L' A LI W l D° INCL1 PAGE 1 2: SUBM I ITED IBY'� ,ZlCvNRF3 81. 0 6. ,k gal FOR iii ° i` . T9. _. DArE PALM BEACH COUNTY CONTRACTORS CERT IFICATE COMPETENCY CERTIFIED CONTRA r f6 EXP IRA TION P AVINO �Fv, NAME GARY GERARD SAL FIRM SITRWOR INC FEE: 25 ISSUED 4 5 O N - MW 2313 D A r ID PO 2188? TOWN PLACE DR SGSA RA T ON, Fi- S. conhaaar Signature R equired ULM I III I L Ul LIAWILI I Y IMWHANW: in . m . an . nn' T HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO WGHTS UPON THE CERTIFICATE HOLDEft THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, MEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING MURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THS CERTIFICATE HOLDER. IMPORTANT: N the 09001cato holder is an ADDITIONAL INSURED, the POIWIes) Must be andorsett. If SUBROGATION 19 WAIVED, subjeef the terns and conditions of the policy, certain policies may requtre an endorSOMAt A statement an thIs cenifloste does not confer lights to the certificate, holder In lieu of such ondoraelmnt(s)- pamucto Phone: 727 l -"7'-Ml 101 Slarerast Drive Fax: 727 ox -449-126 — FKX fAM, W4 I-X AOC P 0 B am mw - Clearwater, FL 33758-6M J. M Babuder rJTF-W-i ROUREW APPOMHO COVERAGE " Inc ....... INSURED immoFmot.,AssociadonlngUranCOCOmpany 11240 21897 Town Place Drive mwaaa a %Arriei6n iksites insuraRce 00 197 , 04 Seca Raton FL 33433 COVERAGES CERTWICATE HUMRER REVISION NU;ABER- [�TP18 13 TO - r-EJRRMFY THAT N Y THE POLICILS OF INSURANC QUIREMENT, TERM E LISTED RFLOW HAVE BLEN ISSUED TO THE 'N$LrRFD NAMFID;ABOVE FOR THE POLICY PCIII00 'P TWt TANDIG AN RE OR C OND MU N O F ANY COT RA CT C It OTHER DOCU ME C NT OMTH RSPEOf TO VZ11CH THILS Pa INDICATED� NO;� LtHgt�AN CERTIFICATE MAY BE IlUE0 OR MAY PERTAIN, T14E INSURANCE AFFORDED S'Y THE POLICIES DESCRIBED H'RLINS' SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SJCR POLICIES LIMITS StiOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. INSP TYPE VF INWRAM" Uwm k UNIS GPNFRAL LIABILITY L 'CU A. OCCURRL�Mr -01 ITY P22GLP013669M IIAS=12 llfft*313 X CVVYcRCALGENERAL LV r4?AA0ETOfi0iD 11 wr+ -'-- X MM ENO l IOM liGY PI.RW01-6 ADV IWIMV is MAFRA rrootic7t rm.?,'%Kr-Aoo s Z000 _q"'LAGGRI:GAI`EU;-; AP'LESPER. X PRD- AUMMOSP-ELffk[L'LFFY I COUJINI�D &NG-C LMIT I'ano, rew A To 1JRY fpcir ov!v) ALL MULD AUTOS 8 X OICISM771 12A)4M12'12M4f"l3 03DIL-N96,Ipylpe • -rccw; A 3 X X BLANKET ADDL INSD W REQUECD BY 0"MACT X UNBRELLAUA0 X occun EXCEW um CI IMF MAC 2 NO, TI RFI`FNT�Oft 3 en WORnERS COMPENBATION n AND Q 7LDYW UAXWJW Yin A ^ ,A cc b22WCV013665500 I1A)S=I2 1 1106423 , 3 .: FIX L J . WM1;'.Awy'4AwlQ I;y 'dr�A ACMD f 5 Addmi-,31 Pmp- - ,4wj, ffumm wpL= jz,@quk- CERTIFICATE HOLDER CANCELLATION', FRIOT SHOULD ANY OF ABOVE PEEC POLICIF-S BE CANCELLED BEFORE FDOT i THE EXPiRAHC4 DATE THERA-09, NOTICE VALL BE DELIVERED IN 79W Forest Hill Blvd ACCOROANCE. WITH THE POLJCY PROVLEIRM. W631; Palm Beach. FL 33413 ^111HODUAkU MMMARMIAInrl- 9 1 9N-2009 ACORD CORPORATION. All rights reserved. ?k 3 U se v< i BOYNT ON CRA BOA" MEETING OF: November 12, 2013 Consent Agenda ' I Old Business I I New Business J J Legal I X I Information Only SUBJECT: Events Recap — Pirate Fest / Mermaid Splash — October 26 & 27, 2013 SUMMARY: The PIRATES INVASION! On Saturday, October 26 & Sunday, October 27, 2013 the Pirates pillaged and plundered and invaded the 100 block of E Ocean Avenue. This two day FREE event took place from 10:00am to 5:00pm both days with three stages of continuous entertainment. Staff took random attendance counts over the two day event and estimates attendance at 8,000. The non -stop entertainment included; Pirate Re- enactments, Street Performers, Acrobats, Comedy, Children's shows, Children's Treasure Hunt, Jack Sparrow, Live Music, Sword Fights, Magic show, Mermaid Tank, Fairies, Pirate Stunt Show, Jugglers, Pirate Bounce -n -Slide and a Rock Climbing Wall. The Schoolhouse Children's Museum sponsored a Haunted House with a $5.00 fee to support the museum. Food and drinks were available for purchase with a 60 ft. dining tent for families to enjoy a meal together. Ample free parking was available with a Trolley shuttle back and forth to parking and back to the event. The Haunted Pirates Fest expanded its hours on Saturday October 26, 2013, 5pm -10pm to include an evening event "Mermaid Splash ". This event took place to include the local businesses. The Mermaid Parade kicked off the event with a walking parade on Ocean Avenue. The parade traveled to the Marina and back to Ocean Ave & 4 with a huge crowd of on- lookers. The Festival featured 3 locations with local artists at 640 Ocean Avenue, Ocean Plaza, local retail businesses on the 400 block of Ocean Ave, two stages with continuous live music, a mermaid pageant with 48 contestants, the crowning of Miss Mermaid Boynton & Lil Miss Mermaid Boynton and local dance groups performing throughout the evening. Food ranging from a quick bite to a full meal was available from the local restaurants in tents along Ocean Avenue. The Black Sparrow Pirates ship located at the Boynton Harbor Marina with Pirate reenactments brought a huge crowd. The community participated in the "pirate /mermaid nostalgic maritime" theme with amazing pirate and mermaid costumes. This event was ranked #1 on NBC's The List a television news magazine show on Channel 5 M -F at 7pm. FISCAL IMPACT: The CRA received $1,950 in vendor fees, $4,600 in concession rebates and $6,000 in sponsorship funding for a total of $12,550. Due to the success of this event, staff will be bringing a recommendation of seeking a sponsorship fundraising consultant to the Board at a later date to offset the cost of running the event for next year. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Information Only B s RA AmwB EACH �= s I Sponsors Corona/ Corona Lite $5,000.00 PNC $500.00 European Wax Center $500.00 JAEt St W h5��3 Ws4 B OYNTON a y y � E t ,h jv i E i a" ' B 11� E f } � r ! r s rt at p r A " u hSS i � I� I sf s s rr S kr �F yl 7. i r r , BOYNTO RA BEACH"'I'l., I k t� s I , s�S �trSllF s errs t�t j�� �.A l j ��tSF 1, B TON OYN i RA 222 NNENIM BE AC H Vendors — Pirate Fest Monquitoe LLC — Clothing and Jewelry Rothman Family Chiropractic Our Hearts Desire — Charms for Her Necklaces, Bracelets & Charms Royal Manor Meadery and Winery Sparkling Wine Cider Hauntiture — Haunted Creations Folk Art & Collectibles PirateLife — Pirate Merchandise Thunderhead Leather Leather Whips, Floggers & Bottles Zephyr Kites Kites, Flags, Windsocks and Windchimes Jackyl's Horde Leather Jewelry, Belts, Bottles, Custom Work The Jolly Jest — The Needle Fairy Children's Clothes Natural Ways Organic Soaps, Face Products, Hair Products & Local Honey Heroes for Hire — Balloon Fighting Treasure Junkie — Driftwood Decor & Signs The Queens Treasure Chest Period Clothing & Accessories Dead Serious Purses, Wallets, Wall Art, Hair Accessories And Jewelry CGS Fine Jewelry Boss Wench Z Y 'S1" ♦ i �. 4 { y.r lb w now B EAC H BO Vendors — Mermaid Splash Another Level Health Dr. Kaner Joyful Design- artist Sea -n- Double- artist Second Wind Coastal Living - artist Tortoise & Treasures - artist Must -Sea- artists John Rooney- clothes Curlita Saunders- jewelry Boynton Florist Urunway Boynton Art District (3) artists Mermaid Splash Local Restaurants & Businesses that had a booth each gave $100.00 in gift certificates for the Treasure Hunt Giveaway Hurricane Alley Two Georges The Little House The Back Yard Maui Wowi Hawaiian Coffee & Smoothies Cafe Frankies The Secret Garden Cafe and Market Just wings and a Few Other Things Tijuana Flats Art -Sea Living The Boynton Dive Center Beachcomber Art Like New Consignment The Glass Mermaid The Fancy Flamingo South Florida Mastercraft Steve Anton Photography $250.00 Photo Shoot for the Miss Mermaid Boynton Pageant winner Urunway- $100.00 basket for the Miss Mermaid Boynton Pageant winner r BOYNTO rz 1"N"MMBEA y ' RA CRA BOARD MEETING : November 12, 2013 I Consent Agenda J f Old Business I I New Business Legal I X � Information Only SUBJECT: New Businesses in the CA District SUMMARY: The CRA district welcomes 26 new businesses to the area from the months of June, July, August, September and October. Staff will reach out to the new businesses and introduce the grant incentive programs and marketing efforts. 1. Steven R Braten, PA, 500 Gulfstream Blvd #104 2. Colonial Gateway Veterinary Services, 2235 N Federal Hwy 3. Hunter Scott Financial, 500 Gulfstream Blvd #105 4. Glass Mermaid Art, 412 E Ocean Ave. #1 5. Digitalink Communications, 2755 S Federal Hwy. #18 6. Tight Lines Marine LLC, 1040 W Industrial Ave.#8 7. Student Loan Bailout LLC, 1300 W Industrial Ave #101 8. Andres Ruiz, MD PA, 709 S Federal Hwy #3 9. Summit Detox, 3330 S Federal Hwy #300 10. Blake's Towing & Transport Inc. 13000 W Industrial Ave #102 11. Travelers Motors LLC, 555 N Railroad Ave #6 12. Move Fitness Inc, 1330 W Industrial Ave #102 13. LC Auto Solution 555 N Railroad Ave #1 14. Chucks by Kostas Auto Repair,520 W Industrial Ave. 15, A Pivotal Strategies Consulting Corp, 639 E Ocean Ave #209 16. PT /OT Florida LLC, 638 E Ocean Ave 17. Senior Life Communications, 1100 S Federal Hwy 18. Belle Costa Properties, 1100 S Federal Hwy 19. Telejobs LLC, 500 Gulfstream Blvd #106 20. My Study Buddy LLC, 2755 S Federal Hwy #17 21. F1 Auto Services & Tire, 319 E Boynton Beach Blvd 22. Active Debt Solutions, 639 E Ocean Ave. #103 23. Labcorp, 709 S Federal Hwy. 24. Pure Barre, 522 E Woolbright Rd #220 25. Massage Works, 1100 S Federal Hwy #3 26. Blue Stone Cabinet Design & Granite, 1370 W Industrial Ave #118 FISCAL IMPACT NIA CRA PLAN, PROGRAM OR PROJECT: Business Development Program RECOMMENDATIONS: Information only C:\ Users \smith- coffeyt \DesktoplCover Sheet Template.doc s 9 n Q ull".W � `3fk l t v BOYNTO t ili` im B y H 1� RA CRA BOARD MEETING ® November 12, 2013 1 Consent Agenda I I Old Business I I New Business Legal f X Information Only SUBJE Development Projects Status Update SUMMARY C 's Parking Lot & Sidewalk Connector Project The construction plans have been submitted to the City's Building Department for permitting. On October 15, 2013, CRA staff received one round of review comments from the City which have been addressed by the design firm and the plans corrected. The revised plans were resubmitted to the building Department on November 5 It is anticipated that the plans will be approved within the next 5 -10 business days. The sidewalk connector portion of the project received right -of -way permit approval on October 15, 2013. The Invitation to Bid for General Contractors is on this agenda for approval and will be due within 45 days. C 's Boynton Harbor Marina Harbor Master Building & Site Improvement ProjLct: The CRA Board approved the release of the Invitation to Bid document and the first of two pre - submittal site meetings were held on October 24 The second will be held on November 14 with the formal bid submission deadline being December 10, 2013. Construction of the project is anticipated to begin in February 2014. 500 Ocean /LeCesse Developm (SW corner of Ocean/Federal). LeCesse is proposing to build a six story building on the 4.68 acre site. They plan 345 rental units with approximately 15,000 sq. ft. of retail space on Ocean Avenue. A public plaza is planned for the corner of Federal and Ocean Avenue. Both City and CRA staff met with the developer and their architect on November 4 for a pre - application meeting to review conceptual designs. Some minor comments were made to the developer to improve the plaza and add on- street parking on SE 4 Street. Otherwise the project is well designed and will be a great addition to the downtown core. LeCesse states they will be submitting for site plan approval in early December with final approval in April. LeCessee did request CRA financial incentives. However, the project did not meet any of the criteria set by the Board to receive funding. FISCAL IMPACT: Once completed the 500 Ocean project could be assessed at approximately $60,000,000. The approximate annual revenue to the CRA could be in excess of $700,000. CRA PLAN, PROGRAM OR PROJEC Downtown Vision and Master Plan and Federal Highway Corridor Community Redevelopment Plan C NS/ OPTIONS: Information only. Vivlan L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\Nov 20131ED Development Project Update.doc 2014 Holiday Boat Parade Email / Discussion Timeline CRA Board Meeting - November 12, 2014 Agenda Item XIV / New Business - E July 28, 2014 Amy Zimmermann emailed Suzanne Davis, Director of Parks and Rec / Delray — Introduction and mention of conflicting event dates. August 6, 2014 Amy Zimmermann received a call from Donna Beldowicz of Delray requesting that BBCRA change the date of the boat parade as to not conflict with Delray's Holiday Street Parade. Amy Zimmermann responded to Donna Beldowicz by email explaining the issues with changing the Boat Parade date and requested Delray's financial and planning partnership in order to consider a date change. BBCRA invited Suzanne, Donna and City staff to meet to discuss. August 14, 2014 Donna Beldowicz responded to the 8/6 email and requested scheduling a conference call with Suzanne Davis, Vivian Brooks, Mike Simon and Amy Zimmermann. Conference call was scheduled for 8/20/14 at fpm August 20, 2014 Conference call was held and included Suzanne Davis and Donna Beldowicz of Delray and Vivian Brooks, Mike Simon and Amy Zimmermann of the BBCRA. Items discussed were planning and financial information from previous boat parades and whether or not Delray would be partnering with the BBCRA in the planning of the Holiday Boat Parade and would be offering any financial support of the event. Suzanne requested a breakdown of costs from last year's event to be shared with Delray City officials. BBCRA requested a decision from Delray by the end of September in order to continue the event planning and meet marketing deadlines A conference call follow -up email was sent by Mike Simon to Suzanne and Donna. August 28, 2014 Amy Zimmermann emailed Suzanne Davis and Donna Beldowicz with requested cost breakdown. September 3, 2014 Suzanne Davis cc'd Amy Zimmermann on an email to Terrance Stewart / Delray City Manager confirming that Delray Parks and Rec did not budget to assist with the Holiday Boat Parade but with a participation commitment from Delray, the BBCRA would be willing to consider a date change to December 12, 2014. September 10, 2014 Amy Zimmermann emailed Suzanne Davis and Donna Beldowicz to follow -up on the 9/3 email sent to Terrance Stewart and determine if there had been a response for the Delray City Manager. The end of September deadline was re- mentioned in order for the BBCRA to continue the event planning and meet marketing deadlines. October 13, 2014 Donna Beldowicz emailed Amy Zimmermann with three questions originating from a Delray Commissioner. October 14, 2014 Amy Zimmermann emailed Donna Beldowicz and Suzanne Davis with the answers to the questions from the 10/13 email. Zimmermann, Amy From: Zimmermann, Amy Sent: Monday, July 28, 2014 4:31 PM To: 'daviss@mydelraybeach.com' Subject: 2014 Holiday Boat Parade Hello Suzanne, I wanted to introduce myself to you and touch base regarding this year's boat parade. I started with the CRA last year in late October and quickly had to organize the holiday events, including the boat parade. At that time I reached out to a few contact for Delray that I found in my predecessor's contacts and I didn't hear back from anyone. I wanted to try reaching out again for this year's event and I was given your name as the contact for Delray events. We are currently in the process of putting together the preliminary details for the boat parade and have surveyed last year's participating captains as well as some that were unable to participate, due to scheduling conflicts. Based on the feedback we received, the CRA decided to move the boat parade to a Saturday in hopes of recruiting more boats. We have tentatively marked 12/13 for the boat parade date. I just heard from our Asst. Executive Director, Mike Simon, that Delray is holding the street parade that same night, which could potentially pose a conflict with scheduling your participation as well as bridge closure issues. When you have a moment, could we schedule some time to chat? Let me know your availability. Thanks and I look forward to hearing from you, Amy Zimmermann Amy Zimmermann, Marketing /Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561 - 600 -9097 1 f: 561 - 737 -3258 ZimmermannA @bbfl.us 1 www.catchboynton.com BQYNTONVIA Like as 0ri Facebook 1 tf P'4' America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. 1 .e Zimmermann, Amy From: Zimmermann, Amy Sent: Thursday, August 14, 2014 2:55 PM To: Simon, Michael; Brooks, Vivian Subject: Fwd: 2014 Holiday Boat Parade Attachments: image001 jpg; — WRD000 jpg I just heard back from Delray. Can you confirm if either of the days and times she mentions below will work with both of your schedules? Sent from my iPhone Amy Zimmermann, Marketing /Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561- 600 -9097 I f: 561 - 737 -3258 ZimmermannA@bbfl.us 1 www.catchbovnton.com B ®Yi�ITON' T . I ii BEACHI Like us on Face book IFoltcw u n _; America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. Begin forwarded message: From: "Beldowicz, Donna" < beldowicz m delra vbeach.com> (� v v Date: August 14, 2014 at 2:43:05 PM EDT To: "'Zimmermann, Amy"" <ZimmermannA @bbfl.us> Subject: RE: 2014 Holiday Boat Parade Amy, Sorry it took me so long to get back with you. Would everyone be available to do a conference call with Suzanne Davis on either Tuesday, August 19 at 2:00 p.m. or Wednesday, August 20 at 1:00 p.m.? Thanks, Donna From Zimmermann, Amy [mailto:Zimmermannfl bbfl.us] Sent: Friday, August 08, 2014 11:58 AM To: Beldowicz, Donna Cc: Simon, Michael; Brooks, Vivian; Davis, Suzanne Subject: RE: 2014 Holiday Boat Parade 1 Hello Donna, I wanted to follow up with you to see if you had some available times for a meeting to discuss the Holiday Boat Parade. Let me know what days and times may work and I will coordinate with Mike and Vivian. Thanks, Amy Amy Zimmermann, Marketing/Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561- 600 -9097 If: 561 - 737 -3258 ZimmermannA @bbfl.us 1 www.catchboynton.com Americas Gateway to the Gul tr y fs eam The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, i ton, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: Zimmermann, Amy Sent: Wednesday, August 06, 2014 2:13 PM To: 'BeldowiczOci .defray- beach.fl.us' Cc: Simon, Michael; Brooks, Vivian; 'daviss @mydelraybeach.com' Subject: 2014 Holiday Boat Parade Hi Donna, In response to our earlier telephone conversation today regarding the Holiday Boat Parade, I had the opportunity to speak briefly with our Asst. Director, Mike Simon, regarding the current date of the event. Although the date appears to be in conflict with Delray's Holiday Street Parade, the larger issue to be discussed is that the Boynton Beach CRA and the City of Boynton Beach for many years has been the sole entity for funding, planning and administering the parade. The overriding concern is that the Boynton Beach Holiday Boat Parade crosses our City boundaries for which the CRA and the City of Boynton Beach has a concern. Mike and Vivian would like to set a meeting with you, Suzanne and any other City staff you feel appropriate to be involved in the discussion. Please let me know what day and time options you have available for all parties to meet. I will then check that against Mike and Vivian's schedules to confirm. 2 Thanks Amy 3 Zimmermann, Amy From: Zimmermann, Amy Sent: Thursday, August 14, 2014 4:25 PM To: Beldowicz, Donna Subject: Re: 2014 Holiday Boat Parade Hi Donna, Wednesday at 1 pm works best for us. Let me know if you sill be calling us or if we are calling in somewhere. Thanks, Amy Sent from my iPhone On Aug 14, 2014, at 2:44 PM, "Beldowicz, Donna" <beldowicz @mydelraybeach.com> wrote: Amy, Sorry it took me so long to get back with you. Would everyone be available to do a conference call with Suzanne Davis on either Tuesday, August 19 at 2:00 p.m. or Wednesday, August 20 at 1:00 p.m.? Thanks, Donna Amy Zimmermann, Marketing /Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561- 600 -9097 1 f: 561 - 737 - 3258 ZimmermannA@bbfl.us 1 www.catchboynton.com BOYNTOril f (BEACH I Like us en Facebookt FQ11 ow Oft America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: Zimmermann, Amy [mailto:ZimmermannA@bbfl.us] Sent: Friday, August 08, 2014 11:58 AM To: Beldowicz, Donna Cc: Simon, Michael; Brooks, Vivian; Davis, Suzanne Subject: RE: 2014 Holiday Boat Parade 1 Zimmermann, Amy From: Simon, Michael Sent: Wednesday, August 20, 2014 5:07 PM To: 'daviss@ mydelraybeach.com' Cc: 'beldowicz @mydelraybeach.com'; Brooks, Vivian; Zimmermann, Amy Subject: 2014 Holiday Boat Parade Hello Suzanne: I wanted to thank you and Donna for taking the time to speak with us today regarding some of the issues concerning the Boynton Beach CRA surrounding the 2014 Boynton Beach Holiday Parade. We can appreciate the fact that you are new to the City of Delray and congratulate your position as the Parks & Recreation Director and unfamiliar with all the details of this event. As we discussed, Amy will provide you and Donna with past collateral, recap videos, event funding breakdowns and identify the costs that the BBCRA would be asking the City of Delray to consider sharing a part of the event funding and City's partnership. The annual boat parade has been a great event enjoyed by residents and business owners of both cities for years. We certainly want to make every effort to work out a beneficial solution in order to include Delray as part of the 2014 Boynton Beach Holiday Boat Parade's route. Thank you again and we look forward to speaking with you soon. Michael Simon, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561-600-9091 1 f : 561-737 3258 SimonM@a,bbfl.us 1 www.catchbovnton.com !IOYNTON Like us on Facebook Follow us ort bisibbilte America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. 1 Zimmermann, Am From: Zimmermann, Amy Sent: Thursday, August 28, 2014 4:18 PM To: 'daviss @mydelraybeach.com'; 'Beldowicz, Donna' Subject: Holiday Boat Parade Attachments: BILLBOARD revised jpg; BoatSlide jpg; 42nd ANNUAL BOYNTON BEACH HOLIDAY BOAT PARADE.pdf; ConstructionSign.pdfi boat parade flyerjpg Hello Suzanne and Donna, It was a pleasure speaking with you last week. As mentioned, I'm forwarding along to you the cost breakdown from last year's event along with some of the marketing collateral. Also, Below are links to our Facebook album from the Boat Parade as well as a link to the parade video on YouTube. Please confirm receipt of this email and let me know if you have any questions or trouble opening any of the attachments. I look forward to hearing back from you. Thanks, Amy Captain's Meeting: $218.00 Commemorative T- shirts: $470.00 Award Plaques: $408.10 Award Checks: $3,800.00 Award Happy Hour: $283.50 Estimated Marketing: $3,500.00 (includes printed publications, billboards / signs, collateral and media outlets) https: / /www.youtube.com/ watch ?v= 49- Z5h7NSs8& index =2& list= PLEOCPVIXmCP9- OYypildw2uPzdOReZfiq https: / /www.facebook.com /med ia/ set /? set =a. 10151858360354366 .1073741831.123938034365 &type =3 Amy Zimmermann, Marketing /Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561- 600 -9097 1 f: 561 - 737 - 3258 ZimmermannA @bbfl.us 1 www.catchboynton.com BOYNTON' I BEACH1 [L ike us on Facebook Font:1w us en . Ckuolaar 1 Zimmermann, Amy From: Zimmermann, Amy Sent: Friday, September 05, 2014 11:57 AM To: Brooks, Vivian Subject: RE: Boat Patade Suzanne was out of the office last week. I received a response from her this week on Wednesday where she cc'd me on an email to Terrance Stewart, City Manager, and Francine Ramaglia, Asst City Manager. This is what she wrote: Mr. Stewart Attached below is the email from the Boynton CRA regarding the 2013 H oliday Boat Parade. They are asking the City of Delray to assist with funding the parade. Currently the boat parade is scheduled on the same day and at the same time as the Delray Holiday Parade (Saturday December 13). After speaking with PD, they are concerned that we will not have enough police resources to handle both parades at the same time. The Delray Holiday Parade is labor intensive for both 'Parks & Recreation and Police. The Boynton CRA is willing to change the date of the boat parade if the City of Delray commits to assist with the event. If we are not able or willing to assist, then the parade will proceed on December 13 and end before the bridge at George Bush Blvd. Please let me know how you wish to proceed with this issue. Parks & Recreation did not budget to assist with the boat parade, as we were unaware of this request at the time budgets were being prepared. If it is the desire of the Commission to partner with the Boynton CRA for this event in the future, we will include this as part of our yearly budget request. Thanks I shared the following info with her and asked for a decision by end of September in order for us to meet all marketing deadlines: Captain's Meeting: $218.00 Commemorative T- shirts: $470.00 Award Plaques: $408.10 Award Checks: $3,800.00 Award Happy Hour: $283.50 Estimated Marketing: $3,500.00 (includes printed publications, billboards / signs, collateral and media outlets) Amy Zimmermann, Marketing /Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561 - 600 -9097 1 f: 561- 737 -3258 ZimmermannA@bbfl.us 1 www.catchbovnton.com pOYNTONTCRA BEACHI Like us en Facebook -, i ii3 'tlL `r America's Gateway to the Gulfstream Zimmermann, Amy From: Zimmermann, Amy Sent: Wednesday, September 10, 2014 12:32 PM To: 'Davis, Suzanne' Cc: 'Beldowicz, Donna' Subject: RE: Holiday Boat Parade Hello Suzanne and Donna, I just wanted to follow up with you to see if you received any feedback from this email sent to Mr. Stewart and Ms. Ramaglia. We have received many calls from residents from Boynton and Delray inquiring about the date and we have informed them there is a chance of a date change of the event so we'd get back to them. We are also planning our marketing strategy for the Holidays and will need to solidify it by the end of September to meet our deadlines. Let me know if you need any additional information from me or have any questions. Thanks, Amy Amy Zimmermann, Marketing /Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561 - 600 -9097 1 f: 561 - 737 -3258 ZimmermannA@bbfl.us 1 www.catchboynton.com BOYNTORCRA REACH1 Like nos es Facabook polioW LI .,• America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: Davis, Suzanne [mailto:daviss @mydelraybeach.com] Sent: Wednesday, September 03, 2014 3:21 PM To: Stewart, Terrance Cc: Ramaglia, Francine Subject: FW: Holiday Boat Parade Mr. Stewart — Attached below is the email from the Boynton CRA regarding the 2013 Holiday Boat Parade. They are asking the City of Delray to assist with funding the parade. Currently the boat parade is scheduled on the same day and at the same time as the Delray Holiday Parade (Saturday December 13). After speaking with PD, they are concerned that we will not have enough police resources to handle both parades at the same time. The Delray Holiday Parade is labor intensive for both Parks & Recreation and Police. The Boynton CRA is willing to change the date of the boat parade if the City of Delray 1 commits to assist with the event. If we are not able or willing to assist, then the parade will proceed on December 13 and end before the bridge at George Bush Blvd. Please let me know how you wish to proceed with this issue. Parks & Recreation did not budget to assist with the boat parade, as we were unaware of this request at the time budgets were being prepared. If it is the desire of the Commission to partner with the Boynton CRA for this event in the future, we will include this as part of our yearly budget request. Thanks Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561 - 243 -7250 DECa t !JE F(. H Parks fi Recreation View the Spring /Summer Activities Guide Online From: Zimmermann, Amy [mailto:ZimmermannA ©bbfl.us] Sent: Thursday, August 28, 2014 4:18 PM To: Davis, Suzanne; Beldowicz, Donna Subject: Holiday Boat Parade Hello Suzanne and Donna, It was a pleasure speaking with you last week. As mentioned, I'm forwarding along to you the cost breakdown from last year's event along with some of the marketing collateral. Also, Below are links to our Facebook album from the Boat Parade as well as a Zink to the parade video on YouTube. Please confirm receipt of this email and let me know if you have any questions or trouble opening any of the attachments. I look forward to hearing back from you. Thanks, Amy Captain's Meeting: $218.00 Commemorative T- shirts: $470.00 Award Plaques: $408.10 Award Checks: $3,800.00 Award Happy Hour: $283.50 Estimated Marketing: $3,500.00 (includes printed publications, billboards / signs, collateral and media outlets) https: / /www.youtube.com/ watch ?v= 49- Z5h7NSs8& index =2& list= PLEOCPVIXmCP9- OYypildw2uPzdOgeZfiq https: / /www.facebook.com/ media / set /? set =a. 10151858360354366 .1073741831.123938034365 &type =3 2 Amy Zimmermann, Marketing/Events/Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561-600-9097 1 f: 561-737-3258 ZimmermannA@bbfl.us 1 www.catchbovnton.com 13DYNTOKIIrR csii6g.' BEACH Like es en FaCebOat Follow us on busitipar America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. 3 Zimmermann, Amy From: Zimmermann, Amy Sent: Tuesday, October 14, 2014 2:56 PM To: 'Beldowicz, Donna'; 'Davis, Suzanne' Cc: Brooks, Vivian; Simon, Michael Subject: RE: Boat Parade Hello Donna and Suzanne, In reference to your questions regarding the boat parade, here are the answers: • Yes, the basin at George Bush bridge is sufficient to accommodate the boat traffic • 34 boats participated last year • 6 of those were Delray residents Thank you, Amy Amy Zimmermann, Marketing /Events /Economic Development Assistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561 - 600 -9097 I 561 - 737 - 3258 ZimmennannA @bbfl.us I www.catchboynton.com pgivoarRA 1 dike us on Facebook J Follow us on boleor America's Gateway to the Gulfstream The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. 1f the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: Beldowicz, Donna [ mailto :beldowiczOmydelraybeach.coml Sent: Monday, October 13, 2014 10:05 AM To: Zimmermann, Amy Subject: RE: Boat Parade Importance: High Amy, One of our commissioners has a few questions about the boat parade: • Is the turnaround basin at the George Bush bridge sufficient to accommodate the boat traffic? • How many boats participated in last year's parade? • How many of those were Delray Boats? Thank you for your help, Donna 1 . c Donna Be&dowicz Administrative Services Coordinator City of Delray Beach 50 NW 1st Avenue Delray Beach, FL 33444 561- 243 -7011 (Office) 561- 243 -7268 (Fax) beldowiczP mvdel raybea ch.com Take a look at the new Fall /Winter 2014 -2015 Parks and Recreation Activities Guide PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 2 i �< 1 w :„ A � .3 ;. r 3- 'p ' -„, :, s eve ^ _ �• _•x 404*,,,,,.- v A fig'. xs - � E 4-10-, y� '`.i* ; t 5 ' R $'.' .s m r '�Y,� 2 ':' -.'`' S t 'z \ 'W � 1 9! y e. - t Y t ' % + e . , d' N eg -41, ` + ,, ,w x ,+ fi s1 - z a _ ter f { ' T t" k Mt s vr y. �8 ; ' ' � ' s f , !• i ;, A i Y ' • 3 ' ' ''�. r.: A �a J °�ir- x'7w Y y, a L 3 ! r � e" ate - , �[ 4 . x 111.1111111.11! � 3 a"� 44 4,414014 11; . '. , 2 --:=, ,':-. ; fi t.. yw a+,.`. r m z,b +'. d Z 'I ' 3" c� " �` 3 - - mow �e 4 3 �.� r 5 ,�g�3 / h` 3� l4 � =� Y -.P/1' Y , -. w f • • "S .b #cb .� „ f i�4� y � i ¢ ` 9 4 `�' kr.,,-, ;Al ,•1 Al-Z-r; '''4,;;', yE ti ,„ s - h i `g ma Y ` =^'f Y� t A c 8t-.¢.,a . t 7 ` s 7 'e to k x. t * ` t . f� • F x� - .p as m'-'w . ,.y s : $rya { s �+ .V. . Mrt Y . , J d - ti:.P Z 7-h 4 9 „. s� D r 7 .. ; _ >: A Ne w Comm unity Commercial Development For: ©> D ©D i m _ 6476 KIRSTEN WAY y a ® 0 o a i e LAKE WORTH FLORIDA 33467 9 j ate i 2 40 3 S. Federal H i g hway - ° VOIC 5 61.248.5498 T m y i o �0 . `1 a ' " FACSI MILE 5 6 1 . 712.8895 y ? Boynton Beach, Florida 33435 -7719 e - - S PCN 6: 08 - 43 - 45 - 33 - 06 - 000 - 0191 .. LICENSE #: AR 95385 _ - 0 ........,::_.: ::•--2",?-;',''....-.'- ...-!1:1',-:.!;_--11.=-o",:. 1 i - r'. - • • ■ �� _ _ _ • — - • . ! Iii itdri ! !PI 1 !! _=,..:.:._, _:--.-- .--.L.,-._--_,.. •:—= lkii. ._•-;' - ., =72-:7-:. k � 7 i . !f -11 - - - &11-'71 If 1Tii:i: i i: o ' - L • I D:c ov A New Communi ©> ii >> ©> i ^ 6476 KIR STEN WAY • • N glee � � Community Commercial Development For: > s : 2403 S. Federal Highway o ,. � _ nit it' LAKE WORTH, FLORIDA 33467 y -o B. Boynton Beach. Florida 33435-7719 a u 8 . = _ 5 21 .E VOICE 561.248.5498 m y zo � � Y e i° g ^< FACSIMILE � 561.712.8895 y > j PCNN: 06- 43- 45- 33 -06- 000 -0191 .. 1 LICENSE N: AR 95385 =MO d . • it d•• 'it** SANDRA PUERTA, I I I - A 1 I ( I ( I' 1 r I I I ( ARCHITECT • , 1 1 11 I` ,A.• ' I: P I ■ I •, � I ; �Ir I ,,, .".• 1 1 , • I `I 1 f .' 1 1 I I I ' i - 11 a .. .1.`; ... .' ' ;III 1 1 r I , - I • t !i) 1 Ir '}I I , 1 1 i`. It 11 1 i;ll t ! 1. r ! ,I � , 1 • 1�1 i ll} I . , ) I i „1 . . • 1 Ir 1 • 1: f 1 11 1 .( .' { . • .6 . 1 � ., 1 i t l L t . J . .); ' r' I 'a gate °. m • , � �' • I,/ " ((r �1 •" , p ''R 1 - „ I I ' / c i I � , vi , - `' ' , . ` 3 ° m w • ) 1 �' s r I '. � : I i' , � 1 1 ' ' w 0 N 1 /i((,=/...._. ) 1 •� I I II -hl v. •. p }�II�o. 1 � - �4 III }., nl II I ?a . + II! l: `_ LL i'-"661 w 1 I e ) 1 1 ' Ji' 1. �w I ; I ; , "u r 1 I I 1 _ ��� L7rizgE,F,F,,,,-- /2\ , I II III I.,!! 1 1.q....:,. l L II I - I j Id I 1 1 . -- `1 l� 1 1 11 r) T' ,1 6J] I I Ir , I 7 1 7/ 1 • _ 6. .' . , .L.Y . X 11 F L1 1 0 ; ' 1Y 1_1LL .. 1I . I*:: +j� - Y" :1 ... $. 0g' T,7 3? €ft 0 - 'l I a FRO `S,A���L1�(�{��� BLDG. DEPT. JL{\Lt; E I'-(J'” - -- - _ PLAN REVISIONS: ,I I 1.) L. 1 0 0./15/.01. • 1 i }. } 'I ; ( 1 AL ABAMA LEDGESTONE VENEER (BLACK © b I ' ' '''..10'11'0';',••'....'/• 0 ° f r11 i 1 I � r ( Ii -�! ) R ( LACK BEAR) • . , , : 1 a, J , 'n I I I I - •1 �. 1 1` { U( 2 ) CANCUN SAND 310E -1U (BEHR PREMIUM PLUS) - , l! I i 1 I I , • : i y ; il I 1 � ,i I / ;„, .:,1.':!.' , Ir, ` ( 3 ) CLEAR GLASS WITH WHITE METAL FRAME ZONING DEPT. • 1 ,� ,". , , 1 ;":01, PLAN REVISIONS: • } J.1. I II : , 1 0 WHITE LURALINE 290 WM B A 0, ' I , I''. I I ; ' I " ( _ 1 (SORAA LAMP: SP3OL -18 -360- 927 -03) 00: P/ 3114 I:' .I' • / I1 1 1 / 1' � I i ®( S ) JAZ BLUE S- G -560D (BEHR PREMIUM PLUS) i i I ' I 11 I ' 11 i) I • j' a ^ „( 6) WOODEN SWING 290F -5D (BEHR PREMIUM PLUS) SLATS • I k I • i I I • • 't 1 I u �1 FROST 1857U (BEHR PREMIUM PLUS) 1 I y ) YELLOW ELACII 3700 70 OCIIR Prc! i �- I 1 'I ' 1 • } • I 1 I E i ,. 1 ' I ` ( 9 ) GREY PHILIPS LUMEC (SVS -25W 16LED4K -T -LE3 -UNI m = a I1 1 l ln) PHILIPS GARDCO (BLACK) � ' —± o° I'. . I GATE DECORATIVE CAP 1 1 1 I DECORATIVE CAP I)•' I AIN STUCCO •I'1 , ° • m / ,' 1 +, 1' 1 [0//ER TED B LOCK WALL ' 1 1 , (tt) STEEL 4" WIDE 11 GUA. BACK FINISH POLE • 0�.0 w o DECORATIVE CAP E • a \ i I1 I ' P PAINTED STUCCO (5 _ • 1 1 , I / / / / OVER BLOCK WALL o ° ' / v u- 2';,' m t I U • c i • I o0 � • 4 1" aq,rr r P - - 4 , ,, " e� r „f 4n 1 T r+1N L�� -if ( ' .. .. I1>• .li ^ , -.C� ( x , n ILP ` ` ..,. t ) T' ^ r Q (V ( IC I l, Ti . 3 Y r $ - 3(- ( • G r .7,:C 1 . . -s , ( / 1 ''l4 " 10' "11-8' Q ( \ , I� oTa,. ` 3 ( 13' 1 3 ,_ P . (( Mill / / / 13'-4' . 2014 • • I / L ,.1.• . •., i. :•'► . _ ■ - 0 L . l . • i ■ • T ". -__ • \i - I • 1.. i - • ►.. A = II = - I = _ 19 • . b. • • e 71r iy *lit ` ' o � S � � I' SANDRA '� , PUERTA, ARCHITECT '51 ‘ 5 ' s0' ,,,..,, e .g. :•.„. .. ..„. u, • _ ,,....•,..-: „... .• vi--„, . c � sr yr I•a' 30°� • ',op Or °'• lO __ .: ., o ?I oil c� .Ed, —' L1 II I I '.•2''' F co 11-1 E BLDG. DEPT. I • O — 11, PLAN REVISIONS: IL 5_ ? P77 rr aF •Pi,7 Y.�. ^1;i ai -k tr! �'N 1 • F _ - o / p o, , . r _' - f $R �J ` � P `t ant.. . e 1 B %rya z'r: '? '+Tt''�F` s - .r p - - .6 A A .Lm l �ml A ,.g. Ala A � ZONING DEPT. tIT p RTH) ELEVATION FTILEI gpE (S9VTIj) ELEVATION PLAN REVISIONS: A Ocl). WI< C ALABAMA LEDGESTONE VENEER (BLACK BEAR) CANCUN SAND 310E -1U (BEHR PREMIUM PLUS) (73 CLEAR GLASS WITH WHITE METAL FRAME °. 0 �`J WHITE LURALINE 290 WM B - L' ' . - - (SORAA LAMP: SP3OL -18 -360- 927 -03) -.. ,, ,(,LP," E a 11,,,, I � NM, ]AZ BLUE S- G -560D (BEHR PREMIUM PLUS ) ,: ' o ..c ^ a �( n ) WOODEN SWING 290F -5D (BEHR .PREMIUN�. $LA T6 !'• , ,T,' o X a o .41 I L . , I q (=) of Q •( ) FROST 1857U (BEHR PREMIUM PLUS) , 4 1,,;%'' �,('Ii m ® 0 0 �, ' I . I r �' �c cnY ' + "a�� vt, I A °y „! ikd E tz . n �” ( U ) GREY PHILIPS LUMEC (SVS 25W161 ,EQ4Q T k UN)1Tc I ^( IAI,R /y} ,III:F�14Af S� U - A9 u' , ., I .. :tt , t 1 ?fl . LL. m v • i I t n P (ID PHILIPS GARDCO (BLACK) ,,;. ry' 1 {t ej r � -' E y ` o , 77 - .), STEEL 4" WIDE 11 GUA. BACK FINISH'P0LE i � J Il 11 { I 'o, • }'. D M c /II G \I' , zo r) I '1 ' < " � (=y• n �I t t Typical - t-a Ii v • 6e.,gm.0 +, .....3s 3: ^s h.TT.. < ._ fD rT%,a ,: i;,. -r , c _ 3 �. ` ..'. >_ s, r.,:.r.sx . n. 3,:e,rtn .:.,, rs s, 14 r w it- - 4 a rxa,� y r,. ,z�n l ~ � l . .c .S>' A S Y- :5::?h >? S \. _.� � D ( SXFET A -2.1 y _ . r i t Y _ 5 , + m ... ,JIIJGJ F�. s ~ , 4. i;4' a ' .... t r g . ;0!1D 11.1111-1T PIPIMPIll.111111.1. Kl\ j , fi r. s ,a s ii {F •, a � 4, , *. ,. .0 t a fix '^ ji ` . p 3c' r . �. J ?e c � i y. t ..p - ,„ 4 r �s � .i ... a . aY t. _ '.1/ _ _. � �.. ..a J'. fi t., ., 1 . t om'. _ R