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Agenda 09-09-14
, ... t .. BOYNT B EAC WAWA CRA Board Meeting September 9, 2014 @ 6:30 pm City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA L Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: A. Consideration of Policy on Preliminary Discovery of Requiring all Such Defendants to File the Fact Information Sheet B. Discussion of Guidance for Handling Public Records Requests C. Report on CRA Sunset Date D. Discussion of CRA Lease with Adventurous Palate, Inc. d /b /a The Little House V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. 2014 SunSational Award - 1 st Place to the Boynton Beach CRA for the Promotional Poster — Catch a Free Event (Presented by Florida Festivals & Events Association) VIII. Consent Agenda: A. Approval of Minutes — CRA Budget Meeting, August 7, 2014 B. Approval of Minutes — CRA Board Meeting, August 12, 2014 C. Approval of Period Ended August 31, 2014 Financial Report D. Monthly Purchase Orders E. Approval of Rent Reimbursement Grant to Healing Heart, Inc. F. Approval of Interior Build Out Grant to Healing Heart, Inc. IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log B. CRA Development Project Update: Boynton Harbor Marina Harbor Master Building Proj ect C. CRA Development Proj ect Update: Parking Lot Proj ect on NE 1 st Ave. & NE 1 st Street and & Sidewalk Connector located at 208 NE 1st Avenue XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: A. Consideration of Resolution 14 -06 to Amend the CRA Plan to Clarify Time Certain for the Completion of CRA Projects XIII. Old Business: A. Consideration of Resolution No. 14 -05 Adopting the CRA Budget for FY 2014 -2015 B. Consideration of Cone of Silence Policy for RFPs, RFQs and Invitations to Bid XIV. New Business: A. Consideration of Revised Human Resources Policies & Procedures Manual B. Consideration of Executive Directors Annual Review and Evaluation C. Consideration of Economic Development Grant Revisions for FY2014 -2015 a. Commercial Rent Reimbursement b. Commercial Interior Build -Out D. Consideration of Marina Slip Lease Renewal E. Consideration for the Subordination of CRA's Mortgage for HAP Recipients Arden and Sandra Gayle F. Review of CRA's Property Acquisition Relocation Policy XV. Executive Director's Report: A. New Businesses in CRA District B. Property Acquisition Report C. Development Projects Update XVI. Future Agenda Items: XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION IvLgDE BY THE CRY BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS ngETING, HE /SHE \FILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS IvLgDE, WHICH RECORD INCLUDES THE TESTII\IONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRS SHALL FURNISH APPROPRIATE - VT?'ILIARY .SIDS AND SER`"ICES WHERE NECESSARY TO .AFFORD AN INDI`"IDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERA "ICE, PROGR A1\I, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737 -3256 AT LEAST I VENTY -FOUR HOURS PRIOR TO THE MEETING PROGRAbI OR ACTIVITY INO)RDERFO)R THE CRA TOREASONABLY ACCOnI\IODATE YOUR REQUEST. t s BOYNT B E H, r, RA pit i CRA BOARD MEETING OF: September 9, 2014 Consent Agenda Old Business I I New Business I x I Legal I I Other LEGAL: THERE IS NO BACKUP MATERIAL FOR THIS ITEM. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS \Completed Agenda Item Request Forms by Meeting \FY 2013 - 2014 Board Meet ings \September 2014 \Legal -No Backup.doc GUIDANCE FOR HANDLING PUBLIC RECORDS REQUESTS I. All city employees should understand that responding to a public records request is a governmental service just like police protection and parks and recreation, and there is a responsibility to act accordingly. The right to access public records is "virtually unfettered." Absent an exemption, records must be produced no matter how inconvenient or burdensome. 2. When receiving a public records request, remain calm, polite and gracious even when the person requesting a record is insistent, belligerent, abusive and obnoxious. Do not be defensive or dismissive. Remember, most, if not all of the documents on your desk and in your computer are public records subject to inspection and copying. This could include a handwritten note on a napkin sitting on your desk. 3. Designate public records custodians and post a public announcement substantially similar to the following in every location where public access is permitted: Public Record Requests Requests for public records in this office should be directed to the following custodian located in this building: Name Physical Location Mailing Address Phone Number Email Address However, be aware that under Florida case law, "custodian" refers to all agency personnel who have it within their power to release or communicate public records. While that includes the designated records custodian, it also may include any person having "custody" of a record; that is a person with "supervision and control over the documents" or "legal responsibility for its care, keeping or guardianship." 4. Make sure all employees know who the records custodian is for public records located in their office and, if not the records custodian, who to contact if they receive a public records request. 5. Promptly acknowledge a public records request and respond in good faith. A good faith response includes making reasonable efforts to determine from others within an office whether or not the records exist and the location where they can be accessed. Include in the acknowledgment any circumstances that may delay a response such as the need to review the record for any exempt or confidential information that may bar release or require redaction. State the basis for any exemption, Including the statutory citation. Upon request, state in writing and with particularity, the reasons for concluding the record are exempt or confidential << S. Do not refuse to allow a person to inspect or copy public records because the request "lacks specificity." Do not insist on precision from the requestor in attempting to describe the document. However, If a public records request is simply too vague to respond to, consider the following approach: 1 Acknowledgement of Public Records Request "This acknowledges receipt of your request for (insert description of document requested) for (insert name of city). The state public records law requires a person requesting to copy or inspect a public record to identify the record with sufficient specificity to enable the custodian to locate it and provide you with a cost estimate to produce it. Please identify the requested documents with more specificity so that the city may fulfill your request if such a record exists. This may include the date, author, subject, title or recipient of the document, or other details that may aid the city in locating the document." 7. If providing documents for copying or inspecting in response to a vague public records request, consider attaching the following written response: "The attached records are provided as a good faith response to your public records request. Because the request is open - ended, vague, and /or lacks specificity, if you believe there may be other records in the possession of the city within the parameters of your request, please identify the records with sufficient specificity to enable us to locate it. This may include the date, author, subject, title or recipient of the document, or any other details." S. Do not require individuals requesting public records to disclose their name, address, telephone number, email address, or the like to the records custodian, unless the custodian is required by law to obtain this information prior to releasing the records. Requiring certain forms of payment such as a credit card or check, rather than cash or money orders, could preclude anonymity in accessing the requested information. Records must be provided to an anonymous requestor. Whether or not the request can be fulfilled immediately or requires some delay, whether one hour or one day, do not require the person to provide personally identifying information. 9. Do not require individuals to submit their public records requests in writing as a condition of gaining j access to the records. Requests may be made verbally, be made in person, over the telephone, or by email or regular mail. The unlawful act of requiring a written request as a precondition to gaining access to records should be distinguished from restating in good faith the public records request for confirmation by the requestor in a way that does not require the person making the request have to respond in writing or share personally identifying information. This restatement could be presented in writing or verbally. The city may require the custodian to complete an appropriate form acknowledging and/or describing the request, but not the individuals making the request. 10. Do not interpret the obligation of a custodian to permit record inspection and copying at "any reasonable time, under reasonable conditions, under custodial supervision" as referring to conditions the requestor must fulfill before inspection is permitted; rather, the phrase refers to "reasonable regulations to protect the records from alteration, damage, or destruction" and not physical constraints designed to preclude review. 11. If the records contain both exempt and non- exempt information, redact that portion for which an exemption Is asserted, whether or not it is impractical or burdensome. The city may not ordinarily charge for the cost to review the records for exempt information, but it may impose a special service charge if the volume of records or number of potential exemptions makes It a "time- consuming task." 12. Do not impose an automatic or arbitrary delay —no matter how short---in responding to a public records request. No 24 -hour waiting period or limiting review to certain days and times of the week. 2 w Records must be available for copying and inspection whenever the city is open to the public. The only delay permitted under the law "is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt." 13. Permit individuals that simply want to inspect a record rather than obtain a copy, to do so. 14. If requested records are in the possession of a private contractor and not the city, do not simply give the person the contractor's name and phone number and instruct them to get the records from them. Offer to obtain the records from the contractor and provide them to the individual making the request. 15. Do not fail to respond to a public records request because of the perceived or stated motives and intentions of the person making the request. Do not inquire into motives or purpose, The person does not need to show any legitimate interest in the records or noncommercial purpose. Even if the person said, "I'm going to flush the records down the toilet," provide the records. 16. In the case of a public records request extending over a long period of time and requiring the extensive use of information technology and /or personnel, the city may Impose a special service charge and should considerthe following statement: Special Service Charge for Extensive Use of Resources or Assistance "The nature or volume of your public records request requires extensive use of information technology resources and /or clerical or supervisory assistance by (insert name of city department) personnel, for which you will be required to pay a special service charge in a reasonable amount. (Name of city staff) is assigned to supervise the production and copying of these records. His (or her) labor costs are (insert amount) per hour, and the labor costs of the clerical assistants are (insert amount) per hour. These costs reflect the actual cost required for the extensive use of city personnel to respond to your request." When possible in the case of such an extensive request requiring an extended period of time to produce all of the requested records, the city should consider providing copies as they become available, rather than waiting until all of the documents are produced. 17. If a person approaches a receptionist and asks to see a document sitting on his or her desk, or walks up to a marina deckhand and demands to see the contract for the boat sitting in Slip #7 or enters the police station demanding to photograph the visitor's log, an appropriate response would be: I "I am more than happy to respond to your request; however, I am not the records custodian and do not know if the record contains exempt information. Please have a seat and I will contact the records custodian to make sure it does not contain exempt information, and if it does, to redact those portions that are exempt. After that, you may then inspect or copy the record." 18, Do not direct a person making a public records request to another location to request a public record that is located in the building in which the initial request is made. Under the state public records law, "all public records should be kept in the buildings in which they are ordinarily used." Source: Information for this paper has been drawn from original research, existing city policies, and the Government -In -the- Sunshine Manual, 2013 Edition. 3 IV Lewis, Longman & Walker P.A. Report on CRA Sunset Date The Board asked that we determine the date upon which the CRA will "sunset." This requires an analysis of the Community Redevelopment Act, Section 163.330, et seq., which, like much legislation, is not always a model of clarity. However, after a thorough review of the Community Redevelopment Act, and discussions with attorneys representing the Florida League of Cities and the Florida Redevelopment Association, it is our opinion that the CRA will sunset on September 30, 2044, 60 years from the date the original redevelopment plan was adopted. To avoid future confusion and remove any doubt over this issue, and to be consistent with Section 163.362, we recommend that the CRA amend its redevelopment plan to make clear that the CRA's work must be completed by September 30, 2044. Further, in an abundance of caution and to avoid any question of the CRA's authority that might arise under a more restrictive reading of the statute, we recommend that this action be taken prior to the end of this fiscal year, September 30, 2014, which marks 30 years from the date that the original redevelopment plan was adopted. This will require holding a public hearing on the proposed modification after public notice in a newspaper having a general circulation in the area of operation of the agency. § 163.361(2). It will also require reporting the proposed modification to each taxing authority by writing or by oral presentation, or both. § 163.361(3)(a), Fla. Stat. The modification will also require sending a certified letter 15 days prior to the proposed action to each taxing authority which levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area. § 163.346, Fla. Stat. In this case, we recommend notification by writing only, in the form of the required certified letter. In addition, public notice pursuant to § 166.041(3)(a) must be provided, which means that the proposed ordinance may be read by title, or in full, on at least 2 separate days and must be noticed once in a newspaper of general circulation in the municipality. The notice of the proposed enactment must state the date, time, and place of the meeting; the title of the proposed ordinance, and the place[s] within the municipality where such proposed ordinances may be inspected by the public. The notice must also state that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 00385078 -1 Therefore, we suggest the following actions according to the timeline below: SEPTEMBER 9, 2014 Boynton Beach CRA: 1. Approve the Resolution (CRA Resolution) to amend the redevelopment plan to clarify the sunset date and recommend that the City of Boynton Beach formally amend the redevelopment plan. 2. Transmit the approved resolution to the City of Boynton Beach along with a recommendation to the City to enact a resolution and ordinance substantially in the form recommended by CRA counsel, to be acted upon and approved pursuant to law on or before September 30, 2014. 3. Send notice of the proposed plan amendment to each taxing authority which levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area [no later than September 12]. City of Boynton Beach: 1. Receive the CRA Resolution if adopted as described above. 2. Schedule 2 public hearings — one for September 16, and a second on September 29 or 30. 3. Hold Special Meeting to approve the transmittal of notice of the proposed plan amendment to each taxing authority which levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area. 4. Transmit notice[no later than September 12]. SEPTEMBER 16, 2014 City of Boynton Beach: 1. Approve the Resolution (City Resolution) finding that certain areas remain blighted and confirming the continued necessity of rehabilitating these areas. 2. First reading of the Ordinance (City Ordinance) to amend the redevelopment plan to clarify the sunset date. AT LEAST 10 DAYS PRIOR TO THE SPECIAL MEETING City of Boynton Beach: 1. Ensure that the special meeting, for the second reading of the ordinance, is properly noticed and published in newspaper of general circulation at least 10 days prior to the special meeting. SEPTEMBER 29 OR 30, 2014 City of Boynton Beach: 1. Second reading and adoption of the City Ordinance. 00385078 -1 LEWIS LONGMAN & WALKER P.A. Reply to: West Palm Beach MEMORANDUM T: Vivian Brooks, Executive Director CC: Michael Simon, Asst Executive Director Susan Harris, Finance Director Tara Duhy, Esq., Ass't General Counsel FROM: Kenneth G. Spillias, General Counsel DATE: September 2, 2014 SUBJECT: Lease with Adventurous Palate, LLC, d /b /a "The Little House" By email dated August 25, 2014, you were advised by Chrissy Benoit, the principal of Adventurous Palate, LLC, d /b /a, that September will be the last month that she will be operating The Little Mouse in the building that she has leased from the CRA. In the email she has asked the CRA to consider assigning the lease to Mary Sisoian who owns an establishment in Lake Worth called Rudy's. In response to an email from you, Ms. Benoit has indicated that she will be paying September's rent in a timely manner. You have asked me to review the lease and provide staff and the Board guidance in terms of the CRA's rights and remedies, as well as the process for moving forward. The lease does not include provisions addressing the following issues: 1. The CRA's remedies in the event of a default by the tenant. 2. Whether a landlord's lien attaches to the tenants personal property in the event of default. See Aings Differently' TAMPA BAY JACKSONVILLE TALLAHASSEE WEST PALM BEACH 101 Riverfront Boulevard 245 Riverside Avenue 315 South Calhoun Street 515 North Flagler Drive Suite 620 Suite 150 Suite 830 Suite 1500 Bradenton, Florida 34205 Jacksonville, Florida 32202 Tallahassee, Florida 32301 West Palm Beach, Florida 33401 00384362 -2 1 p 941.708 -4040 f 1941-708-4024 p 1904-353-6410 a f 1904-353-7619 p 850- 222 -5702 • f 850- 224 -9242 p 1561-640-0820 a f 1561-640-8202 www.11w- law -com 3. The landlord's right to repossess the property and when. 4. Given the cost - splitting of the tenant improvements, ownership of the tenant improvements and equipment. . The timing of the landlord's right of re -entry and repossession of the property. In the absence of specific provisions regarding these matters, common law and statutory principles would be applied to the situation. My analysis and suggestions are made in the context of these principles applied to the facts presented. A. At this point in time, the tenant has not failed to pay rent or any other amounts due (as additional rent) in a timely manner. Her email could be viewed as what is known as an anticipatory breach of the lease, that is, an unequivocal statement that she does not intend to honor the terms of the lease after September 30. However, while that may be the clear import of her email, declaring an anticipatory breach and moving forward as if the default has occurred, can be problematic if the tenant argues that her statement of intention was not unequivocal and that, therefore, the CRA is actually the breaching party. As such, while the CRA can move forward to prepare for its next actions in anticipation of the tenant abandoning the lease and the property after September, it would be best to not move forward with a declaration of default until October's rent is not paid, another breach occurs or Ms. Benoit unequivocally states that she is terminating the lease. B. Once it has been definitively determined that the lease has been breached, the CRA can declare the lease in default. The non - monetary remedy available to the CRA is the repossession of the leased premises. This remedy releases the tenant from any further obligations under the lease. As for rent and other monies due, once an official default has occurred, the CRA is legally entitled to the rent due for the remainder of the terra of the lease less any monies received from the re- letting of the property. Moreover, the CRA has a legal obligation to use its best efforts to re -let the property at the highest rental possible to mitigate the potential damages. Thus, any rental income received from re- letting the property during the remainder of the time that The Little House would have occupied the premises through the end of the lease would be subtracted from any monies due by virtue of the default. C. With respect to the tenant improvements and equipment, etc., generally the law provides that anything that becomes a fixture to the property becomes a part of the property and remains under the ownership of the property owner. There are however notable exceptions for Trade Fixtures, which are often removable from the premises at the end of the lease. In the event of a dispute over fixtures or trade fixtures, Courts will examine all relevant factors such as the annexation to realty, the appropriateness of the use /purpose, and the intent of the parties. Tools, furniture, free - standing appliances, etc., are generally considered personal property and would belong to the tenant, possibly subject to a landlord's lien in the event rents remain unpaid. By statute, a Landlord's lien for rent is available to every person to whom rent may be due. The lien may include all property of the lessee usually kept on the premises and upon all other property of the defendant. 00384352 -2 2 It is to be noted, however, that the lease with the CRA is also subject to the CRA's Land Lease Agreement with the City which specifically provides that "no equipment or property shall be subsequently relocated without the CITY approval to which the approvals shall not be unreasonably withheld or delayed." (Section 5a.) The City could very well determine that it would be reasonable to withhold such consent in the context of a breach of the lease. This would be a determination for the City to make. D. With respect to Ms. Benoit's request that the CRA consider the assignment of her lease to Ms. Sisoian, she has the right to make the request; however, the lease cannot be assigned without the express consent of the CRA. E. Section 5 of the lease with Ms. Benoit states that commencing in Year 2 the tenant shall pay the CRA, as additional rent, the property tax and the property insurance premium cost incurred and paid for by the CRA. There are currently outstanding tax liens on the property which appear to be sales and use tax delinquencies. An inquiry should be made into whether the property tax amount was provided to the CRA as additional rent starting on 4/15/2013. However, once in default, Ms. Benoit will still be responsible for the additional rent provisions and property taxes until such time as the property is re -let. In deciding whether to take legal action against the tenant, there are a number of factors to consider, some legal and some practical. f=irst, while a money judgment for breach of the lease could be obtained, it should be remembered that the lease is not with Ms. Benoit as an individual, but with an LLC. If the LLC is a single purpose, single asset LLC (i.e., exists only to own and operate a restaurant), it is highly unlikely that the LLC itself has assets that would make it worthwhile to go through the cost of litigation. At the very least, an investigation into its financial condition would be advisable. In the end, while there is also a provision for obtaining a judgment against an LLC and then "piercing the corporate veil ", i.e., reaching beyond the company to the principal to recover, that is a difficult, expensive and rarely successful strategy because it requires a showing that the corporation was formed for an improper purpose. Second, given the fact that the restaurant business is, in and of itself, a risky business (note, for example, the number of restaurants, many of them national chains, which open and close regularly throughout the County including in such well- traveled venues as CityPlace in WPB and along the PGA corridor in PB Gardens), taking such aggressive action against a small restaurateur when things didn't work out could deter others from stepping forward to replace The Little House. Having said that, I believe there are a number of revisions we can make to the lease to put the CRA in a stronger legal position with any future tenants. With respect to finding a new tenant, there are three approaches the Board can take. One would be an assignment of the existing lease, either to Ms. Sisoian or another party. The lease specifically contemplates the CRA's right to so assign, but if this approach is adopted, I would suggest that it be subject to amendments to the existing lease agreement to address some of the issues I have raised above. 00384352 -2 A second approach would be to issue a new request for proposal for a new restaurant operator to enter into a new lease with the CRA. This has the advantage of broadly seeing who else is out there who may be interested and what new ideas or approaches might be suggested. The disadvantage of the RFP process is the delay. A third approach would be to utilize the 30 day notice provision found in Section 163.380(3)(a) of the Florida Statutes. 1 know that you are familiar with this approach which could be called a mini -RFP process in the present circumstances. This would most likely take less time than the RFP process, but might not reach as broad an audience of prospective responders. It is however, a required part of the process of leasing out property and would need to be adhered to even in the RFP process. I believe this addresses the major issues presented by Ms. Benoit's email notification regarding The Little House. If you have any questions, or need any further information, please let me know. 00384352 -Z 4 I BOYNT ON s "1 `�FS� r 1� [ 1 CRA BOARD MEETING 0F: September 9, 2014 1 Consent Agenda I I Old Business I I New Business Legal f X J Other SUB JECT: 2014 SunSational Award 1 Place Promotional Poster "Catch a Free Event" SUMMARY: The Boynton Beach Community Redevelopment Agency (CRA) received a SUNsational award for 1" place in the $49,999 (budget) and under Promotional Poster category entitled Catch a Free Event. The marketing collaboration between the Boynton CRA and Maas Media involved an innovative platform that focused on the CRA event calendar for more user - friendly public interaction. This effective marketing poster highlighted the calendar for Movies in the Park and Music on the Rocks. The award was presented at the SUNsational Awards Dinner on Thursday, August 14, during the Florida Festivals & Events Association (FFEA) 20'' Anniversary Convention and Tradeshow. The SUNsational awards program recognizes the creativity, innovation and excellence of FFEA members from across the state of Florida. Nominations were judged by a blue ribbon panel represented by media outlets, printing companies, website designers, photographers, promotional marketing professionals and social media experts. "The SUNsational Awards have recognized and celebrated the talents of our members for more than two decades," said Suzanne Neve, Executive Director of the FFEA. "This year, we added several new categories and received our highest volume of submissions to date. We're proud of our members and their events — and excited to recognize them in this way each year." FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Marketing Tra Smith -Co e Marketing and Bsiness Development Fl House ofR Represent Lori Berman Democratic Deputy Whip VVnnico`Sle^is1adrc Caucus, Chair Pu|m Beach County Lepisluivz Delega Vice Chair District 90 msnmuEo+puT 23 00 I li August 26 Suite Bovnion Hcoch- 1-1, 3 Phone (561) 374-7850 The Board ofDirectors T I Boynton Beach Community Redevelopment Agency (CR4) 1»n/ The curim| 710 North Federal Highway «oz South m^xmrx,m^ r�luhus^��,n�a2mv'/x Bmyn�on8each,FL�3433 m"m,.`mo)n7-5ow/ Dear Board of Directors: w/.A*: J"miterx�, Legislative xo*um I would like to congratulate CRA on your recent recognition with a 2014 Sunsational award by the Florida Festivals & Events Association. /n*^x uos om,inxioe This prestigious award recognizes CRA foryour creativity, innovation and excellence in creating an effective marketing poster for promotion of Movies in the Park and Music on the Rocks. Once again congratulations on a job well done and |wish you continued success |n all ofyour future endeavors. Sincerely, ' � Roles &- Cale Lori Berman S/ euO�x�u/am� I lealihy ,mnxiw �����r /mu*zuTu` RECEIVED /uerp &wmoie� Joint Columillee on n*|u Com.aO^eoigm BOYNlON BEACH CRA | Lmi.Berman dm7 florid ohouS e. go, non.nnyflmidukousc-gnv MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BUDGET BOARD BUDGET MEETING HELD AT INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON THURSDAY, AUGUST 7, 2014, AT 6:00 P.M. PRESENT: Jerry Taylor, Chair Vivian Brooks, Executive Director Joe Casello, Vice Chair Tara Duhey, Board Counsel Buck Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker 1. Welcome by Board Chair Jerry Taylor Chair Taylor welcomed all to the meeting at 6:12 p.m. 2. Invocation and Pledge to the Flag Mr. Hay gave the invocation followed by the members reciting the Pledge of Allegiance to the Flag. 3. Work Plan — FY 2014 -2015 Vivian Brooks, CRA Executive Director, distributed a handout of the Marina Master Plan from six years ago. She commented the Marina is the City's crown jewel and Boynton Beach was the only City to have such a large, varied marina in the downtown. The CRA was completing the final phase and would then embark on the Town Square. Mike Simon, Assistant Director, commented staff has been ambitious. Many plans were coming to fruition and many accomplishments had been achieved. The CRA budgeted $700,000 for the Marina Open Space Construction project for 2014/2015. In 2006, the CRA purchased 24 slips at the west end of the Marina. In 2007, they purchased the fuel dock. In 2008, the CRA approved the Marina Master Redevelopment Plan. The Harbor Master Building was almost finished and the open space portion of the Marina had been deferred to a later date. The budgeted amount would complete that portion, the traffic realignment from NE 6 1 to Casa Loma, and install a tropical landscaped area for the public and customers of Two Georges, shaded seating and the Marina tower. The plans were construction ready and Ms. Brooks commented only a small portion of the permit fees were paid. The full amount would be paid when the contractor was obtained. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 Chair Taylor noted the Board had voted to move forward with the project. (Vice Chair Casello arrived at 6:20 p.m.) The NE 4th Street Enhancement and Parking Lot project had a budget of $211,617; however, only $75,000 was proposed to come from the 201412015 budget year. The balance was rollover funds from 2013/2014. These improvements would enhance the area for visitors and restaurant patrons and was land the Florida East Coast railway gave the City which has bollards around it. It was not for parking. The CRA would improve the area and would make improvements for on- street parking. The Dewey Park Stage and Lighting Enhancement project had a proposed budget of $25,000. Mr. Simon explained this was a great feature to attract people to the eastern portion of the downtown. It is dark at night and artistic lanterns were added to the trees, but more were needed. A small stage was proposed for future park activities. Mr. Fitzpatrick inquired about the nearby dumpster and Mr. Simon responded the dumpster was on City property and Public Works would fence it in. The proposed budget for the North Federal Highway /FEC Corridor landscaping improvements was $132,775. Staff wanted to enhance this corridor by replacing dead plant materials from the edge of the CRA boundary near the Peninsula project. Acquisition of key parcels for Ocean Avenue and the Heart of Boynton was reviewed. The proposed budget was $882,024 and an image of the updated Heart of Boynton Plan for the Cottage District was viewed. The CRA had additional property on NE 4th and 5 th Avenues to the north and east and Seacrest Boulevard to the west. The Cottage District would be a focus. The CRA had approved funds in the 2013/2014 budget for lighting on Ocean Avenue from Seacrest to Dewey Park. There are dark spots along the Avenue which staff would address by adding up /in- lighting, twinkle lights and additional light poles on the western end. It would create a holiday feeling. The proposed photometric plan was included in the meeting materials. The total amount to be budgeted was $200,000. Combined with rollover funds from last year, the total amount was anticipated to be $256,393. Ms. Brooks explained the Arts District was seeking a formal designation from the City and the CRA was carrying over the funds from last year for a sign, if the District was approved. The funds would not be released until approved. It was noted that area had experienced some flooding, which Ms. Brooks believed was being addressed. Chair Taylor commented the Utility Department indicated the system was designed to handle the flooding, but did not and Mr. McCray commented he would look into the matter. Ms. Brooks advised the recommendation for the Town Square Project was $500,000. The Treasure Coast Regional Planning Council would issue a formal report on the area and there were preliminary steps that can be undertaken to develop the RFP. They would also submit plans to the CRA without the Old High School and some pro -forma 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 costs. She anticipated the plans would return to the Board in about two months and the uses from other nearby buildings that would no longer be there would have to be accommodated on the site where the Old High School is presently located. Mr. McCray pointed out he was present when the Strategic Plan was developed prior to the Treasure Coast Regional Planning Council plan and the items discussed then were not included in what they presented. He requested the Planning Council incorporate those uses. Ms. Brooks explained the direction given to the Treasure Coast Regional Planning Council was to offset the cost of a new City Hall and Police Station by using the current City Hall site and the prior plan did not include those items. Mr. Hay inquired if there would be another community meeting. Ms. Brooks explained what the Planning Council provided was based on community input. Mr. Merker expressed concern if the CRA lost the lawsuit regarding development of the Old High School and Ms. Brook clarified Attorney Cherof had previously indicated there was nothing to preclude the Board from planning to construct something at that site. Mr. Hay pointed out the Planning Council should incorporate the citizen's comments and the CRA would vote on it. Mr. Buchanan also inquired if the Planning Council took into account what was discussed and voted on by the City Commission to move City Hall and the Police Station. Ms. Brooks replied the plan presented was the direct result of the Strategic Plan and decisions made by the CRA Board and the City Commission to move City Hall and the Police Station. The area would be the western anchor for the downtown and would be a catalyst for development. There was no funding for the Ocean Breeze East development because it will be constructed by a private developer. Ms. Brooks commented the CRA already issued an RFP for the project. The proposed budget for Plan Updates for the Federal Highway Corridor, Ocean Avenue, Downtown Master Plan and Boynton Beach Boulevard was $160,000. Staff sought to consolidate the plans into one for easy reading for the development community. This would be done in concert with City and CRA staff and an outside consultant. The Sara Sims Park Playground equipment had a proposed budget of $25,000. The City had allocated $75,000 in Community Development Block Grant funding, but did not have enough funds for rubber mulch. Ms. Brooks set aside the funds so youth at the playground would not be hurt if they fell. The Woman's Club Renovation had a proposed budget of $50,000. The building was one of two properties on the National Historic Register. The Woman's Club was applying for a grant to cover severe damage to the windows and doors. The grant was for $100,000 and required a 50% match. Ms. Brooks emphasized the importance of the property, which is located on Federal Highway. She did not want to lose another historic property, 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 The Woman's Club had a five -year capital campaign to raise $500,000 to repair the entire building, including floors, doors and improvements to meet the Americans With Disabilities requirements, and more. Chair Taylor agreed on the significance of the building and commended the Woman's Club for trying to fundraise on their own. Ms. Brooks responded the CRA provided a small Fagade Grant and the Woman's Club was repairing a few windows. Mr. McCray favored the request and inquired when the Woman's Club would find out if the grant was approved. Barbara Wineberg, Treasurer, Boynton Woman's Club and Co -Chair of the Historic Preservation Committee, confirmed they were trying to spearhead a five -year plan to restore the building to its full potential. She explained work on the windows was ongoing, but it was an expensive undertaking. The grant would allow them to finish the project and make the building structurally sound as the building has over 20 doors and 16 wood -frame windows, most dating back to 1925 when the building was constructed. The roof was replaced in 2008. In the five -year plan, they sought to incorporate a maintenance fund and Ms. Wineberg anticipated it would be another 100 years before they would request more funds. Plan B was to continue with the fundraising initiative and continue to repair as many windows and doors as possible with the funds they raised. If the grant was awarded, they could start the project in July 2015. Vice Chair Casello inquired if the CRA could match funds up to $50,000 if they did not get the grant. Ms. Brooks explained it could be accomplished via motion. Staff could keep the money in the budget, and if they do not obtain the grant, the money was still there. Mr. Fitzpatrick expressed concern this would be a recurring expense. He did not object to the request, but was concerned there may not be funds each year to subsidize the repairs. Ms. Wineberg explained that was why there was a five -year plan and the repairs were an urgent need. The CRA would not be a funding source. Mr. Merker understood if all went well and they had the funds, the main repairs would be addressed and they could make repairs as needed thereafter. The proposed budget for the Business Incubator Support was $20,000. Ms. Brooks explained the Community Caring Center requested $100,000. They operate the Secret Garden Caf6 which is a restaurant incubator, but the CRA has not really worked with them and thought they should fund a smaller amount, review the quarterly reports and see how it goes. She also recommended making the grant a reimbursable grant. Mr. McCray inquired if the incubator does well, whether they could request more funds and Ms. Brook replied it was up to the Board. The incubator was for individuals who want to learn the restaurant trade. It has a commercial kitchen, helps food trucks, caterers and it teaches users about licensing, business plans and how to operate a restaurant. Mr. Merker explained they also use the restaurant to feed the poor and the theme and purpose was meaningful. The restaurant was not open regular hours. It is operated by the Community Caring Center which the City funds through Community Redevelopment Block Grant funds. They had 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 20 14 received $65,000. It was the economic development component of the Community Caring Center. The budget proposed for the design of Boynton Beach Boulevard was $226,610; however, Ms. Brooks explained the funds were rolled over from last year. This was a project that would remain visible and funds for it should remain in the line item. The project was funded last year for $365,000 and not all the funds were spent. The $226,610 was enough to get the project started. Mr. Merker noted the Treasure Coast Regional Planning Council recommended narrowing the street which would include widening the sidewalk and increasing the landscaped area. Staff also sought to install the power lines underground. Mr. Hay inquired if staff spoke to the owner of the property on the northeast corner of Boynton Beach and Seacrest Boulevards. Ms. Brooks responded they had and the owner was not interested in selling. If she was being held to a percentage over appraised value, the CRA could not acquire the property. Ms. Brooks explained the 211 Renovation Grant was proposed for $200,000. She considered having the developer of the Cottage District move the home there to save it, but rethought the matter and decided to leave the home at the location. It is an old home and she proposed to do some maintenance work on it and additional work during the period they connect Town Square. They could attract an active user. It was not likely the investor would make the upgrades given the current situation, so staff would. Ms. Brooks saw the building having a five -year use, and they needed to activate the space. She suggested issuing a RFP and thought the budget would be adequate to make the home structurally sound, including landscaping. The land was valuable for a developer but it was important that home remain. After five years, if the Town Square flourished, there were two individuals who would combine the land and create a development and the house would be moved. Vice Chair Casello inquired why the CRA makes purchases, but does not maintain them. Ms. Brooks explained they maintain the yard and painted the house. It was actively marketed in alternative lifestyle, high -end, expensive magazines. Ms. Brooks explained the proposal was to rent the building, but not collect rent in order to avoid a tax liability to the Agency. All that would be required is to cover the liability insurance. Staff sought to make the improvements so the home could be rented. This would include a handicapped restroom and ramp. Mr. Merker and Vice Chair Casello thought if the purpose was to develop the area, and the property would be moved, it was a waste of money. Vice Chair Casello suggested using the home as a CRA office and subleasing the current office. The members further discussed it was important to create activity on the Avenue. The parking lot and walkway was being installed and they were adding street lighting. The home, when used, would act as a catalyst for development and give a feel to the Avenue. Ms. Brooks did not want to demolish the building and recognized an infusion of money was needed to create activity. 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 Mr. Fitzpatrick commented every art gallery he has seen did not have anyone in it and he did not understand how art galleries generate traffic. Ms. Brooks explained the building could be for any use and currently, art bars were popular. Mr. McCray explained the current CRA office was in the Heart of Boynton. He suggested leaving the funds in the budget and addressing the use at a later time or in a workshop. Chair Taylor agreed with Mr. Fitzpatrick and pointed out $200,000 was a lot of money, but the City paid that kind of money to eliminate crack houses. He favored leaving the funds in the budget. Ms. Brooks explained it would be expensive to create an office to Code. Staff was not proposing to add any square footage, only address the air conditioning and restroom. The Economic Development Grants were a continuation from last year. This encompassed the Commercial Facade Rent Reimbursement, Commercial Interior Build - Out Assistance, Commercial Rent Reimbursement, and Commercial Construction Project Incentive Programs. The budget proposed was $150,000. The Marketing Budget Work Plan had a proposed budget of $120,000. Vice Chair Casello suggested when giving grants to developers for apartments or homes, they work a deal with the golf course to help promote it. Individuals could receive a discount. Special Events had a proposed budget of $321,000 and the CRA was adding 11 new events, some of which were St. Patrick's Day, Earth Day, and Ocean Avenue Eats events. It was noted the CRA no longer handles the Fourth of July festivities. Ms. Brooks commented the St. Patrick's Day event would actually be held the day before as many people go to Delray Beach for St. Patrick's Day. 4. FY 2014 -2015 Budget Overview Susan Harris, Finance Director, reviewed the Summary of Assessed Property Values & Tax Increment Finance (TIF) Revenues and explained the chart shows the values from 1989 to present. This year the assessed property values were at $1 billion. There were three geographic expansions of the CRA which added to the assessed values and TIF revenue. The TIF estimates are based on the CRA property values, less the base year value, and were contingent on the City and County millage rates. Ms. Harris anticipated receiving $3.1 million from the County and $5.2 million from the City. She backs funds out because when the tax rolls are certified, the values decrease and the certified difference must be returned to the City and County. The TIF revenue this year increased 15% from last year. Due to the Marina and General Fund, the CRA revenue for 2014/2015 would be $9.1 million. The funding available for projects reflected the debt service, operating, Marina expenses, and other payments that must be made. In the new budget year, the CRA would have $2.7 million for new projects. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 A detailed Project Fund Revenue and Potential Projects chart was reviewed. There were project rollovers and multi -year projects for which funds had to be carried over to complete. The Marina Open Space project did not have rollover funds, so the $700,000 would come from the $2.7 million allotted for New Project revenues. There was $175,000 in rollover funds from the Old High School demolition that did not occur. As part of the Town Square project line item, the recommendation was to reallocate those funds and add $325,000 for a total project budget of $500,000. The Plan Update project budget encompassed new projects, plan updates for the Federal Highway Corridor and Downtown Master Plan. Ms. Harris explained the 211 Renovation project had $186,000 in rollover funds and more would be added to it for a total of $200,000. The North Federal Highway /FEC Corridor had $50,000 in rollover funds and $82,775 would be added for a total of $132,775. The Planning and Community Workshop had $30,000 and would cover all the community, Town Square, and public charettes. Mr. Buchanan inquired if there was a plan for developers to follow along the North Federal Highway /FEC Corridor and Ms. Brooks responded there was. Ms. Harris explained the budget for the Business Incubator was $20,000 and the Woman's Club had $25,000 in roll -over funds and $25,000 would be added totaling the $50,000. Ms. Harris explained the $882,024 for acquisition of new parcels on Ocean Avenue and the Heart of Boynton was comprised entirely from rollover funds. Funding for Phase II of the Marina was also from $326,000 in rollover funds and would address the Harbor Master Building when completed. The Economic Development Grants budget was $300,000 this year and included $150,000 in rollover funds. Site Work and Demolition was budgeted for $100,000 which was a standard operating expense. The Contingency line item had a proposed budget of $75,000 in case projects ran over budget. The entry signage at North and South Federal Highway had a proposed budget of $165,850 of which $65,850 were rollover funds. Staff recommended a budget of $150,000 for Legal work on projects. The Tree Lighting line item had a proposed budget of $256,393 of which $56,393 were rollover funds. The Wayfinding sign for the Arts District had a proposed budget of $25,000, all of which were rollover funds. Design and Engineering was proposed for $75,000 and Surveys and Appraisals were proposed for $50,000. The proposed budget used all of the new revenue available for new projects. Vice Chair Casello inquired about the parking on NE 4 th Street and did not see a need for so much parking. Mr. Simon explained they have an event once a month, and events like the Pirate Event. The area was an entrance to the downtown and it languished. The lot would be resurfaced and greened. There was lots of traffic due to Hurricane Alley and the locksmith nearby. The project was as much for parking as it 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 was for beautification. There were no plans for the commuter rail train station by The Little House Restaurant at this time. The Capital Improvement Plan was reviewed showing the expenditures year -to -date, balance rollovers, and staff recommendations for next year's budget. It was noted the Food Truck Invasion would not be shut down due to the City's regulations. 5. Review of General Fund, Project Fund Debt Service A General Fund Balance Analysis reflected how staff allocates the unassigned general funds. Ms. Harris did not anticipate there would be any unassigned funds this year and would have to wait until the audit was done in January. If there were any unassigned funds, the Board would make a recommendation how to allocate them. An organizational chart was reviewed. Ms. Brooks was proposing less staff. The administrative assistant and development director were vacant and unfunded positions. Ms. Brooks clarified there were staff title changes. The Finance Assistant was changed to Finance Specialist. The Development Services Specialist was formerly the Administrative Services Manager and the title change was to reflect the duties they perform. The Marketing and Business Development Specialist was formerly a Business Development Specialist, and the Special Events Coordinator was formerly a Special Events Director. The Agency was Director heavy. The full -time position Marketing, Event and Business Special Assistant was made part time and she reviewed the salary classifications. All the employees were at the mid -point except the Special Events Coordinator who would increase from $40,000 to $55,000 because she was performing the duties of the Special Events Director position. Ms. Biscuiti's salary was $70,000 and that position would revert to the mid -point of $55,000. More details on the salaries, positions, taxes, and benefits were reviewed. The CRA employees were under the City's benefit and retirement benefits. The part-time position had no benefits. A three percent merit pool was added and personnel costs as a percent of the General Fund, was at nine percent, was very low and was the same as last year. The CRA has two retirement programs: one was an employer match of five percent of the employee's salary, and the second was non - contributory of 15 %. Chair Taylor commented the City Manager decided how much each employee received. The City had performance management reviews which went by the wayside. Lori LaVerriere, City Manager, explained City employees had not received performance evaluations for the last six or seven years. They are common, but the City cannot afford them. The three percent the employees received was a cost of living increase. The General Fund Summary Sheet showed there was $9.1 million in revenue. The TIF increased 15% so overall, revenues increased three percent. The administrative departmental expenses increased two percent. Some special event items were moved to department level administrative costs so that line item had a two percent increase. Other items the Agency had to pay included insurance, professional services, building MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 and grounds, Marina operations, Information Technology and Contingencies which increased five percent. The insurance rates increased because the Agency had to pay insurance on the new Marina buildings, and the parking lot. Professional Liability increased $10,000 for a document management system. There was $10,000 for a leased vehicle to be used to move special event equipment because it was damaging the CRA employees' cars. A magnetic sign would be used and the vehicle would be a mini -van type vehicle. Overall, the General Fund had a 4% increase. Ms. Harris explained the Board's operating expenses increased and there was an increase of $600 for cell phones for the non - Commission Board members. The Executive Department had an increase of $31,000, or 12% mainly due to the potential merit and retirement increases. The part -time position was shared by Ms. Brook's department, Marketing and Special Events. Mr. McCray inquired if there were enough funds to cover seminars. Ms. Harris explained the line item was increased by $320 and about $8,300 was budgeted last year. The Finance Department had an increase of $22,000 or a 10% increase. The Planning budget was reduced $8,600 due to community meetings being moved into the project fund. The Marketing and Business Development Department decreased $11,651. Special Events was reduced by $16,967, the insurance budget increased by $9,800 or 8 %. Professional Services increased by $10,000 or 5 %. Buildings and Grounds increased by $77,673 or 20 %, the Marina budget was flat, and Information Technology increased by $1,610 or 3 %. It was noted the Agency saved money by using the City's ITS Department. The Contingency Account, based on last year, remained unchanged. Ms. Harris has to track rollover funds each year and the total project fund was $6.2 million and she reviewed the operating expenses for the project fund. Mr. Hay inquired why there was an increase in legal services. Ms. Harris explained she recommended increasing the budget because they had to pull extra money from other sources. They pay $40,000 for counsel to attend the CRA meetings. They review projects and the bulk was billed at an hourly rate of $225, sometimes less, depending on who was working on the project. Mr. Merker thought it could be less. Staff commented human resource issues were labor intensive and Counsel had also reviewed the West litigation, property purchases, and there are projects that require their review. The Capital Outlay budget reflected a rollover of $182,000 and Ms. Harris reviewed the projects. The Economic Development programs had $150,000 in rollover funds comprising the total budget. The marketing incentive program had a 19% increase and the Direct Incentive Funding Agreement increased by 26 %. The Project and Programs total budget was $421,000, having an increase of 24 %. It was noted the Heritage Trail Creation and Online Map was completed. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FLORIDA AUGUST 7, 2014 Vice Chair Casello inquired when the CRA would sunset. Attorney Duhey was reviewing that information. The statutory language was not clear and she would have it for the next meeting. The Debt Service Fund did not increase. The Aggregate Debt Service for the remaining bond and loan payments was $2.3 million and would be paid down by 2025/2026. M otion Mr. Hay moved to approve the budget. Mr. McCray seconded the motion that unanimously passed. The Board commended staff on an excellent job. 6. A(Ijour There being no further business to discuss, Chair Taylor adjourned the meeting at 8:16 p.m. &LU1AJ, &�d Catherine Cherry Minutes Specialist 081814 10 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BO ON EACH BLVD., BOYNTON BEACH, FLORIDA ON AUGUST 1, 2014, AT 6:30 P.M. PRESENT: Jerry Taylor, Chair Vivian Brooks, Executive Director Joe Casello, Vice Chair Ken Spillias, Board Counsel Buck Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker 1. Call to Order Chair Taylor called the meeting to order at 6:30 p.m. 11. Invocation and Pledge to the Flag Mr. McCray gave the invocation followed by the members reciting the Pledge of Allegiance to the Flag. Ill. Roll Call Roll call established a quorum was present. IV. Legal: Attorney Spillias requested the Board disregard Item IV. 1. that was incorrect. V. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Vice Chair Casello pulled Consent Agenda Items D and E and requested the CRA sunset date be provided at the next meeting. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda as amended. Mr. Hay seconded the motion that unanimously passed. VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosures of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Mr. Fitzpatrick disclosed he met with the developer of the 184 unit project at High Ridge and Miner Road. Vice Chair Casello also met with Eastwind Development LLC Company and with the Fitzgerald Group which was a commercial real estate group looking to do business in Boynton Beach. Messrs. Merker, McCray, Hay and Buchanan disclosed they met with representatives of Neighborhood Renaissance. Chair Taylor also met with the developer of the Miner and High Ridge Road project and the Fitzgerald Group about another project in Boynton Beach. B. Informational Announcements Mr. Hay advised on August 2, 2014, he attended the Pathways 2 Prosperity Back to School activity which was a great success. Over 1,000 people attended the well- organized event. On August 6th he attended the Ribbon-Cutting Ceremony at Primo Hoagies. He advised he and his wife would be returning for more good food. Mr. McCray inquired if the Boynton Beach Coalition of Clergy, a new organization, would have their Back to School event. Mr. Hay responded it would take place on Saturday, from 11 a.m. to 4 p.m. at the Carolyn Sims Center. He invited all to attend and show their support. VII. Announcements & Awards: None I. Consent Agenda A. Approval of Minutes — CRA Board Meeting, July 8, 2014 B. Approval of Period Ended July 31, 2014 Financial Report 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BO Y N TON BEACH, FL AUGUST 12, 2014 C. Monthly Purchase Orders D. Approval of Interior Build -Out Grant to Oceano Realty, Inc., d /b /a Ocean East Properties This item was pulled by Vice Chair Casello. E. Approval of Rent Reimbursement Grant to Oceano Realty, Inc. d /b /a Ocean East Properties. This item was pulled by Vice Chair Casello. IX Pulled Consent Agenda Items: D. Approval of Interior Build -Out Grant to Oceano Realty, Inc., d /b /a Ocean East Properties Vice Chair Casello noted the lease starts in August and he received confirmation the lease was signed. He inquired who was receiving the grant as there was a landlord and two principal owners. Ms. Brooks explained the landlord had to approve the work, but two women own the company. Motion Vice Chair Casello moved to approve. Mr. McCray seconded the motion that unanimously passed. E. Approval of Rent Reimbursement Grant to Oceano Realty, Inc. d /b /a Ocean East Properties Motion Vice Chair Casello moved to approve. Mr. McCray seconded the motion that unanimously passed. X. Information Only A. Public Comment Log B. CRA Development Project Update: Boynton Harbor Marina Harbor Master Building Project 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Chair Taylor noted there was a complaint about the trash and the pier at Marina Village. Ms. Brooks explained much of that is maintained by the City. Most of the issue was a lack of maintenance such as replacing dead plants and exposed irrigation and Chair Taylor agreed to follow up with the City. Chair Taylor also noted there were complaints about hoses and fish blood. Ms. Brooks explained that type of complaint would occur, but the Marina manager stays on top of it. She suggested the Marina Manager may not have seen it at that time because she and Mr. Simon do not see that occurring on a regular basis. The CRA pays the Marina Manager and two staff members to maintain the premises and they alerted him to the concern. The pictures shown were of the SeaMist which was on private property. When the complaint was received, Mr. Simon sent it to Public Works with a copy to the City Manager. The only CRA item they had to address was the banner which they replaced. C. CRA Development Project update: Parking Lot Project on NE 1 st Avenue and NE 1 st Street and a Sidewalk Connector located at 208 NE 1' Avenue Vice Chair Casello commented it appeared progress had stopped on the parking lot and there was a pile of debris in the middle which was unacceptable. Ms. Brooks contacted the contractor asking about the debris and was told they were waiting for a full load. She informed the vendor it was not acceptable. Otherwise, the project was progressing. Irrigation and electric for the light poles had been installed. Construction of the lot appears to proceed on a slower basis because there are items installed underground which were not visible. Mr. Simon reminded the contractor the lot was at the front of City Hall and was a well-traveled area. The contractor should haul the trash as it accumulates. He noted the City generally requires a dumpster since the material was site debris. Mr. McCray requested the next time a gap in progress occurred, staff notify the Board. I. Public Comments Annette Gray, former CRA Consultant, advised she developed a series of community programs and she was back in the community with a global family of businesses. She expressed the business incubator was not in the CRA district due to the space constraints. She was developing a mobile entrepreneurship training bus she could take to community schools and churches. She wanted to alert the Board to this new resource and she was looking forward to working with staff and the Board. Ms. Gray explained the CRA did not have retail space in the size and depth she needed. Mr. McCray explained he hoped that could be resolved soon as he took offense. She responded she did not intend to offend. Chair Taylor closed public comments. 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 II. Public Hearing None. III. Old Business: A. Report by Lyman Reynolds on the Status of the Lisa Bright vs. CRA Case Attorney Spillias explained he spoke with Lyman Reynolds and Ms. Bright's case against the CRA was dismissed on Summary Judgment. She appealed and was denied. Ms. Bright obtained new counsel and filed a motion with the trial judge to enter a final judgment on the basis the judge's summary judgment order was not a final judgment. Ms. Bright did not appeal that decision and the time for appeal passed so the case against the CRA was over and dismissed with finality. There was a request of Mr. Reynolds to disclose the attorney - client sessions on the basis the case was over, but the judge denied the request due to Ms. Bright's lawsuit against the City and Mr. Rodriguez on related issues. There is case law that in these situations, the records of the closed- sessions are sealed until that litigation was over. B. Consideration of Action on the RFP /RFQ for Ocean Breeze East Site Attorney Spillias explained this matter had been brought to him after Ms. Brooks was asked, under the RFP rules, whether Board members could speak to RFP Respondents and one already had. He reviewed the RFP and there was a provision for a cone of silence up to a certain point in time. Proposers could not make contact with Board members or staff, except as specifically detailed in the RFP. He understood how the language could be viewed as precluding contact only up to the point the proposals were submitted to the Board, and a layman's reading would not be unreasonable. He clarified the reason for the cone of silence after proposals were submitted was to prevent contact with decision makers for varying reasons. Decision makers should rely on the documentation, the recommendation of the review committee and the presentations that were made. Some Board's want cones of silence and some do not. Attorney Spillias' initial interpretation was the language appeared to be a traditional cone of silence that was poorly written. He asked if there was a Board policy regarding the issue and Ms. Brooks provided him with minutes from 2011. At that time, the Mayor was seeking to remove the cone of silence because he wanted to talk one -on -one with the presenters before the presentation and the motion was to maintain the cone of silence. Due to the history provided, it was likely intended to be a traditional cone of silence, but the language in the RFP could leave one to believe it was not. To minimize the risk of litigation and ensure the proposals moved forward, the Board could disqualify the one proposer for violating the cone of silence, reject all the 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 proposals and reissue the RFP, or decide at the meeting or the next meeting the cone of silence would not be in effect for the process as they moved forward and let other proposers meet with the Board members on this project. Attorney Spillias advised the safest option was to reject the RFP, but it was defensible to allow contact with other proposer as well. He received a letter from Brian Hinners, CEO of Florida Affordable Housing Inc., a representative of one of the respondents, who had not spoken to the Board. His group wanted to move forward and he waived any protest they may have of a possible violation of this provision of the RFP. The letter would give the Board additional protection and more flexibility. They could now move forward without anyone claiming foul. Attorney Spillias suggested Mr. Hinners and another representative from the organization confirm what was in the letter. If the Board hears from each proposer, there should be no conversation about the substance of the proposal at this meeting because it was not on the agenda for this purpose. The purpose was how to proceed procedurally. He advised if moving forward, the Board proceed under the criteria he detailed. Mack Bernard, Florida Affordable Housing, 777 E. Atlantic Avenue, Unit 200, Delray Beach confirmed they did submit the letter yesterday and did not have a problem moving forward. He suggested they keep the process going and that since there were only two responses, they did not need a ranking committee. Both proposers should present to the CRA Board so they could make a decision. He proposed to hold a special meeting within two weeks because timing was important. There were deadlines for the H.O.M.E. and S.A.I.L. funds, which they would use for the project. They did not communicate with anyone, and did not want to be penalized for missing the deadlines for their project. Michael Pecar, Neighborhood Renaissance, 510 24th Street, West Palm Beach, was amenable to having a special meeting in two weeks. Mr. Merker asked if they could have a meeting to not have a cone of silence, and Chair Taylor responded this could be discussed at another meeting. Mr. McCray asked if there would be problems with the Inspector General, and Attorney Spillias explained the Inspector General would advocate it was better to have the cone of silence in this process, but it was not an ethics or legal issue. It was a policy issue. The RFP gives the right to waive some criteria. This may not be a non-substantial criterion, but in this circumstance, waiving it may be appropriate. The rules in the RFP were intended to ensure there was a level playing field and no unfair advantage was given. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Chair Taylor explained the Attorney General had advised the matter was not under their jurisdiction. They turned it over to the Ethics Committee and there has been no response. Mr. Merker asked if they could find out whom the person or company was that questioned the Inspector General. Attorney Spillias advised if the Inspector General did not find a wrong doing, no one would ever know. Mr. Merker inquired if the matter coincided with the Board of Ethics because they may not issue an open statement, but it would be in the records that could be retrieved. Attorney Spillias was unsure and at Mr. Merker's request, agreed to look into the matter. Mr. Hay explained Ocean Breeze East would be a big boost for the Heart of Boynton and he believed the cone of silence should only be used when necessary because he likes to speak to developers before he votes. He did understand the purpose of the cone of silence. He thought they were delaying the project over wording that did not exist in the RFP, and if they reissue the RFP, the same two developers would apply. He acknowledged one of the respondents indicated they would be negatively impacted if they had to start over. He saw it as an error on Ms. Brooks part as she did not emphasize it, an error on Attorney Spillias' part, and an error on the part of the members because they voted for it. The perception of the community was this was a way to delay a major project in the HOB. He favored the project proceeding as is and changes in wording should apply to next project. Chair Taylor announced he had intended to start over, but the letter alleviated that concern, and he was willing to move forward. Vice Chair Casello asked what the ramifications would be if the Inspector General's office decides the CRA broke their own rules. Attorney Spillias explained the Inspector General's office has no enforcement power. They would issue a report explaining what they viewed was not financially efficient and recommend what they think the Board should do in the future. Vice Chair Casello asked if there was anything in the RFP that Respondent's would have to submit if they were involved in a lawsuit or litigation, such as occurred with West Construction. Attorney Spillias explained different RFPs have different requirements and he did not think it applied to this RFP. Vice Chair Casello noted a newspaper article about Neighborhood Renaissance having legal issues with West Palm Beach and foreclosures and asked if that would preclude them from submitting a response. Attorney Spillias advised under the criteria in the RFP, it would not. Vice Chair Casello pointed out Attorney Spillias was directed to go through the RFPs to add language to avoid this situation and this was the second time there were problems with the RFP which was unacceptable. He blamed Ms. Brooks and Attorney Spillias for two errors and declared the Board could not keep stumbling over their own RFPs. The 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 RFPs must be crystal clear in their directions and he warned someone will have to answer the next time a problem occurred. Ms. Brooks accepted responsibility and commented since she read the language literally; she had not considered the purpose of the cone. There was no caption on that paragraph saying the cone of silence applied and she misdirected the Board. Attorney Spillias acknowledged he did not write the RFP, but did review it and he accepted responsibility. Chair Taylor pointed out the Board was supposed to be knowledgeable and they have new members. He suggested in the near future, they hold an educational seminar to advise members about the cone of silence and how it works. Mr. Merker noted Auburn Development had issues with owing Delray Beach money, not Neighborhood Renaissance and he had articles dated March 27 and April 1' indicating a mistake was made. He thought they should discuss whether the cone of silence was good or not because it was important. Vice Chair Casello agreed Mr. Merker was correct, but pointed out articles written in the Palm Beach Post indicated Neighborhood Renaissance in 2004 and 2005 did not pay back loans owed to West Palm Beach. Mr. Fitzpatrick wanted to see the cone of silence be the same as the City's. The City's policy permits discussion as long as they are a registered lobbyist. It did not matter which policy was used, or that they be the same. Also under disclosures, he pointed out citizen David Katz, called twice and they had short conversations. Mr. Katz seemed to speak in favor of Florida Affordable Housing. He did not agree with Mr. Bernard's request to drop the rankings, because staff uses their expertise when they rank the responses and they are aware of items the Board members may not know. He favored having a special meeting in two weeks. Attorney Spillias disclosed he received a voicemail from Mr. Katz indicating he had a question. He emailed him back informing him that when he represents a Board, he does not respond to residents without approval of the Board because it would be spending the CRA's money without their control and Mr. Katz understood. Mr. Buchanan was also called by Mr. Katz who was trying to present arguments for not issuing a new RFP and proceeding. He agreed with Mr. Fitzpatrick to continue with CRA and City staff analysis of the proposals. Although Florida Affordable Housing waived the penalty, he thought they still needed a level playing field and it should be made clear to both parties they are free to contact Board members. He supported having a special meeting. Mr. McCray favored keeping the analysis intact and moving forward. He also supported the harsh words spoken to Board Counsel and the Director, but acknowledged 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 everyone makes mistake. He did not want to meet with anyone else and wanted staff direction. Mr. Merker agreed with moving forward and inquired if Mr. Katz was a lobbyist or getting paid for his inquiries. He had not received a call from him and noted Mr. Katz does not live in District II. He thought it interesting Mr. Katz was so emphatic saying what he thinks. He thought Mr. Katz should also be careful with his inquires so he does not get in trouble. Chair Taylor advised there was consensus to move forward, maintain the committee ranking and have a special meeting in the next two weeks. After brief discussion, Tuesday, August 26 was selected. Ms. Brooks would check to find a meeting location and the Board could speak to both parties if they wanted. The applicants were in agreement with the provisions. Motion Vice Chair Casello motioned to move forward with the RFPs with the stipulations. Mr. McCray seconded the motion. Vice Chair Casello noted Ms. Brooks, at one time, was on the selection committee, but was no longer on it. She had left employment from Neighborhood Renaissance in 2005. The motion unanimously carried. The members further discussed dates for the meeting due to the 26 being a primary election. Monday August 18 was suggested. Mr. Buchanan would not be available and Mr. Merker was unsure. Meeting before the City Commission meeting at 5 p.m. was also suggested. Ms. Brooks advised she would provide the notice via email and backup via thumb drive. Hard copies would also be available. C. Presentation on Business Development Advertising Campaign Ms. Brooks announced a presentation had been prepared, but the equipment was not working. Motion Mr. McCray moved to table to the next meeting. Mr. Hay seconded the motion that unanimously passed. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 1, 201 XIV. New Business A. Consideration of Safety Assessment Services Proposal and Contract for Ken Stapleton & Associates for Safety Assessment Service in the Amount of $19,000 — Tabled July 8, 2014 Motion Mr. McCray moved to remove from the table. Mr. Hay seconded the motion that unanimously passed. Ms. Brooks explained she was directed to obtain past reports from Mr. Stapleton. She emailed him and his response was he would not provide them. Motion Mr. Fitzpatrick moved to decline his offer. Mr. Merker seconded the motion that unanimously passed. B. Consideration of a Purchase Agreement between the CRA and Nathaniel Robinson for Property Located at 517 NE 'I' Street in the amount of $74,000 (purchase price) & $15,000 (relocation assistance) Ms. Brooks explained this property was a single-family home which was owner occupied. The owner, Reverend Robinson, was elderly and the home was in very poor condition. The back was starting to rot. Staff was allowing him to live in the home for another 90 days until he found another residence. The appraised amount was $65,000. Vice Chair Casello inquired if relocation expenses were new and Ms. Brooks explained they were not. They had used them for the Little House. He asked what the maximum amount of relocation assistance was and if the owner could relocate to California. Ms. Brooks explained the residents usually move locally. Staff researched the last time relocation assistance was used, and used that amount as the benchmark, Motion Mr. McCray moved to approve. Mr. Merker seconded the motion. Chair Taylor asked if staff knew where he would relocate. Ms. Brooks had suggested he use a realtor since he expressed he was having a hard time finding a home due to the cost. Chair Taylor explained staff was giving him $12,000 over value and $15,000 for the relocation. Ms. Brooks explained the home would soon advance to a tax sale. There are liens and that issue would be addressed leaving him with less money. Even in Leisureville, homes were expensive and he would not get much cash out of the deal. 10 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Mr. McCray explained Reverend Robinson has been a member of the community for many years. The CRA was not really giving him something, but as a citizen was saying we wish you the best. He requested if the 90 days did not work, another extension be given. Ms. Brooks recognized the matter was a hardship and explained he would not be able to move himself. Mr. Buchanan did not want the property to go to a tax sale, and thought it would give rise to having another bad landlord. Vice Chair Casello wanted to change the relocation assistance to be up to $15K and have it be on a reimbursable basis. Mr. McCray thought the assistance should be handled consistently as was done with the Jones property as they set a precedent. Vice Chair Casello expressed the CRA cannot take every hardship case. Mr. Buchanan explained there is first, last and security to consider as well as fees for electric and water hookups. Additionally, if the recipient purchased a home, he would need a down payment. Ms. Brooks explained the Board could indicate up to what amount they would pay- Motion Vice Chair Casello moved to change the wording to indicate up to $15,000. The motion died for lack of a second. Chair Taylor called for a vote on the original motion. The motion passed 6 -1 (Vice Chair Casello dissenting.) V. Executive Director's Report A. New Businesses in CRA District Ms. Brooks explained due to switching some employees around, the report was not available. B. Property Acquisition Report None. C. Development Projects Update Ms. Brooks announced Casa DelMar submitted their plans. This project was on the north end of the CRA district next to the Peninsula. The packages for the Ocean Breeze East RFP were available and she requested the members pick them up before leaving. 1 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL AUGUST 12, 2014 Mr. Fitzpatrick explained he would like to direct staff to work on the cone of silence that the City used. He added he did not support Vice Chair Casello's motion regarding relocation assistance, and thought it could be reviewed, so it may allow up to $15,000 on future projects. There was agreement a policy would be made. XVI. Future Agenda Items: None XVII. Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 7:38 p.m. Oath'ApaI14-L . " dlulif- Catherine Cherry Minutes Specialist 082214 12 B ON' NT B w E RA CRA BOARD MEETING OF: September 9, 2014 Consent Agenda ( ( Old Business ( ( New Business ( ( Public Nearing ( Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending August 31, 2414. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Approve monthly financial report. Susan Harris Finance Director T:`v° GENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\September 20141Financial Report.docx 8 -28 -2014 10:57 AM 01 - GENERAL FUND FINANCIAL SUMMARY REVENUE SUMMARY T.I.F.INCOME MARINA RENT & GRANT INC INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY BOYNTON BEACH: CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 % OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 7,022,000 7,022,000 0.00 7,022,119.00 0.00 ( 119.00) 0.00 1,000,000 1,000,000 81,498.15 1,097,129.02 0.00 ( 97,129.02) 9.71- 0 0 0.00 4,645.92 0.00 ( 4,645.92) 0.00 0 0 481.27 29,252.22 0.00 $ 29,252.22) 0.00 300,000 779,254 0.00 0.00 0.00 779,254.00 100.00 8,322,000 8,801,254 81,979.42 8,153,146.16 0.00 648,107.84 7.36 LEGISLATIVE 22,250 22,250 1,986.84 11,737.36 1,184.42 9,328.22 41.92 ADMINISTRATIVE 210,337 210,337 14,420.41 181,146.27 60.00 29,130.73 13.85 FINANCE 177,185 177,185 13,632.94 154,969.50 0.00 22,215.50 12.54 INSURANCES 100,700 100,700 0.00 92,800.67 0.00 7,899.33 7.84 PROFESSIONAL SERVICES 252,000 252,000 16,784.25 132,945.02 53,229.67 65,825.31 26.12 PLANNING 109,320 129,320 7,503.69 100,440.91 0.00 28,879.09 22.33 BUILDINGS & PROPERTY 395,027 395,027 16,504.64 201,308.47 10,312.58 183,405.95 46.43 MARINA 1,000,000 1,000,000 97,376.51 1,029,479.55 0.00 $ 29,479.55) 2.95 - COMMUNICATIONS & TECHNOLO 52,450 52,450 402.94 40,104.32 5,700.41 6,645.27 12.67 CONTINGENCY 25,000 25,000 0.00 0.00 0.00 25,000.00 100.00 MARKETING 121,750 121,750 6,911.58 97,580.49 90.00 24,079.51 19.78 SPECIAL EVENTS 103,273 103,273 1,887.07 50,275.48 30.00 52,967.52 51.29 EMPLOYEE 13EBEFITS 236,051 236,051 3,159.79 162,458.77 0.00 73,592.23 31.18 DEBT SERVICE 1,519,179 1,519,179 0.00 1,519,178.00 0.00 1.00 0.00 TRANSFER OUT 3,997,478 4,456,732 0.00 3,997,478.00 0.00 459,254.00 10.30 TOTAL EXPENDITURES 8,322,000 8,801,254 180,570.66 7,771,902.81 70,607.08 958,744.11 10.89 REVENUES OVER / (UNDER) EXPENDITURES 0 0 ( 98,591.24) 381,243.35 =: 70,607.08): 310,636.27) 0.00 _'_ B-28-2014 10:57 AM 01 - GENERAL FUND ORIGINAL REVENUES BUDGET T.I.F.INCOME BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 AMENDED MONTHLY YEAR -TO -DATE BUDGET ACTIVITY BALANCE %- OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 01 -41000 T.I.F. COLLECTIONS 7,022,000 7,022,000 0.00 7,022,119.00 TOTAL T.I.F.INCOME 7,022,000 7,022,000 0.00 7,022,119.00 MARINA RENT & GRANT INC 0.00 0.00 ( 85,105.38) 9.46- 01 -42115 MARINA RENTS 100,000 100,000 0.00 98,166.45 01 -42116 MISCELLANEOUS RENTS FRO PROPE 0 0 1,303.75 13,059.96 01 -42117 MARINA FUEL SALES 900,000 900,000 80,194.40 985,105.38 01 -42118 MARINA MISC INCOME 0 0 0.00 777.21 TOTAL MARINA RENT & GRANT INC 1,000,000 1,000,000 81,498.15 1,097,129.02 MARKETING INCOM FESTIVALS & EVENT INCOME INVESTMENT INCOME 01 -46100 INTEREST INCOME 0 0 0.00 4,645.92 TOTAL INVESTMENT INCOME 0 0 0.00 4,645.92 MISCELLANEOUS 01 -48100 MISCELLANEOUS INCOME TOTAL MISCELLANEOUS OTHER FINANCING SOURCES 01 -49100 OTHER FINANCING SOURCES TOTAL OTHER FINANCING SOURCES TOTAL REVENUES 0.00 { 119.00 0.00 0.00 { 119.00) 0.00 0.00 1,813.55 1.81 0.00 ( 13,059.98) 0.00 0.00 ( 85,105.38) 9.46- 0.00 ( 777.21 0.00 0.00 { 97,129.02) 9.71- 0.00 { 4,645.92 0.00 0.00 ( 4,645.92) 0.00 0 0 481.27 29,252.22 0.00 ( 29,252.22 0.00 0 0 481.27 29,252.22 0.00 ( 29,252.22) 0.00 300,000 779,254 0.00 0.00 0.00 779,254.00 100.00 300,000 779,254 0.00 0.00 0.00 779,254.00 100.00 8,322,000 8,801,254 81,979.42 8,153,146.16 0.00 648,107.84 7.36 -2- 8 -28 -2014 10:57 AM O1 - GENERAL FUND LEGISLATIVE DEPARTMENTAL EXPENDITURES PURCHASED /CONTRACT SERV 01- 51010--200 CONTRACTUAL EXPENSE 01- 51010 -216 ADVERTISING & PUBLIC NOTI 01 -51010 -225 ASSOC. MEETINGS & SEMINAR 01 -51010 -227 DELIVERY SERVICES _ TOTAL PURCHASED /CONTRACT SERV SUPPLIES 01- 51010 -310 OFFICE SUPPLIES 01- 51010 -340 CELLULAR PHONES _ TOTAL SUPPLIES TOTAL LEGISLATIVE BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 % OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 7,500 7,500 165.58 2,315.58 1,184.42 4,000.00 53.33 5,000 5,000 324.10 4,845.30 0.00 154.70 3.09 8,250 8,250 1,450.00 3,376.01 0.00 4,873.99 59.08 400 400 15.97 306.06 0.00 93.94 23.49 Till 21,150 1,955.65 10,842.95 1,184.42 9,122.63 43.13 500 500 0.00 529.47 0.00 { 29.47) 5.89-- 600 600 31.19 364.94 0.00 235.06 39.18 1,100 1,100 31.19 894.41 0.00 205.59 18.69 22,250 22,250 1,986.84 11,737.36 1,164.42 9,328.22 41.92 -3- 8 -28 -2014 10:57 AM 01 - GENERAL FUND ADMINISTRATIVE DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 ORIGINAL AMENDED MONTHLY YEAR -TO -DATE BUDGET BUDGET ACTIVITY BALANCE PERSONNEL SERVICES 1,274.85 0.00 01 -51230 -100 PERSONNEL SERVICES 161,860 181,860 01- 51230 -115 CAR ALLOWANCE 3,000 3,000 TOTAL PERSONNEL SERVICES 184,860 1B4,860 PURCHASED /CONTRACT SERV 189.98 0.00 01 -51230 -225 ASSOC. MEETINGS & SEMINAR 9,000 9,000 01 -51230 -226 MEMBERSHIP DUES 4,310 4,310 01- 51230 -227 DELIVERY SERVICES 750 750 01 -51230 -229 CAREER DEVELOPMENT 2,250 2,250 TOTAL PURCHASED /CONTRACT SERV 16,310 16,310 SUPPLIES 827.95 40.15 01 -51230 -310 OFFICE SUPPLIES 1,500 1,500 01- 51230 -315 POSTAGE 2,500 2,500 01 -51230 -340 CELLULAR PHONES 2,062 2,062 01 -51230 -355 SUBSCRIPTIONS 605 605 01 -51230 -360 BOOKS & PUBLICATIONS 500 500 TOTAL SUPPLIES 7,167 7,167 CAPITAL EXPENDITURES 01- 51230 -400 EQUIPMENT COSTS 2,000 2,000 TOTAL CAPITAL EXPENDITURES 2,000 2,000 140.81 1,274.85 0.00 1,041.53 59.66 1,174.05 0.00 359.44 0.00 137.46 200.47 3,987.33 0.00 189.98 0.00 189.98 TOTAL ADMINISTRATIVE 210,337 210,337 14,420.41 181,146.27 14,219.94 0.00 14,219.94 0.00 0.00 0.00 0.00 168,338.89 0.00 166,336.89 4,330.01 3,307.51 343.55 649.00 0.00 8,630.07 lk OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 13,521.11 7.43 0.00 3,000.00 100.00 0.00 16,521.11 8.94 0.00 4,669.99 51.89 0.00 1,002.49 23.26 0.00 406.45 54.19 0.00 1,601.00 71.16 0.00 7,679.93 47.09 0.00 225.15 15.01 0.00 1,458.47 58.34 60.00 827.95 40.15 0.00 245.56 40.59 0100 362.54 72.51 60.00 3,119.67 43.53 0.00 1,810.02 90.50 0.00 1,810.02 90.50 60.00 29,130.73 13.85 -4- B-28-2014 10:57 AM 01 - GENERAL FUND FINANCE ORIGINAL DEPARTMENTAL EXPENDITURES BUDGET PERSONNEL SERVICES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 AMENDED MONTHLY YEAR -TO -DATE BUDGET ACTIVITY BALANCE 01 -51325 -100 PERSONNEL SERVICES 165,335 165,335 12,718.00 150,678.08 TOTAL PERSONNEL SERVICES 165,335 165,335 12,718.00 150,678.06 PURCHASED /CONTRACT SERV 8.86 0.00 14,656.92 8.86 01- 51325 -200 CONTRACTUAL EXPENSE 200 200 0.00 175.00 01- 51325 -201 BANK FEES 1,000 1,000 48.64 175.29 01 -51325 -225 ASSOC. MEETINGS & SEMINAR 2,150 2,150 450.00 795.11 01 -51325 -226 MEMBERSHIP DUES 620 620 0.00 565.00 01 -51325 -227 DELIVERY COSTS 500 500 0.00 152.53 01 -51325 -229 CAREER DEVELOPMENT 3,000 3,000 0.00 65.63 TOTAL PURCHASED /CONTRACT SERV 7,470 7,470 498.64 1,928.56 SUPPLIES 0.00 2,017.14 46.05 01- 51325 -310 OFFICE SUPPLIES 1,500 1,500 2.54 1,499.36 01 -51325 -340 CELLULAR PHONES 780 780 25.14 236.15 01 -51325 -355 SUBSCRIPTIONS 1,100 1,100 0.00 185.79 01 -51325 -360 BOOKS & PUBLICATIONS 700 700 388.62 441.56 01- 51325 -365 OFFICE PRINTING COSTS 300 300 0.00 a.00 TOTAL SUPPLIES 4,380 4,380 416.30 2,362.86 DEPRECIATION & AMOR TOTAL FINANCE 177,185 177,185 13,632.94 154,969.50 0.00 22,215.50 12.54 -5- %- OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 14,656.92 8.86 0.00 14,656.92 8.86 0.00 25.00 12.50 0.00 824.71 82.47 0.00 1,354.89 63.02 0.00 55.00 8.87 0.00 347.47 69.49 0.00 2,934.37 97.81 0.00 5,541.44 74.18 0.00 0.64 0.04 0.00 543.85 69.72 0.00 914.21 83.11 0.00 258.44 36.92 0.00 300.00 100.00 0.00 2,017.14 46.05 0.00 22,215.50 12.54 -5- 8 -28 -2014 10;57 AM O1 - GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES PURCHASED /CONTRACT SERV BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 ORIGINAL AMENDED BUDGET BUDGET MONTHLY YEAR -TO -DATE ACTIVITY BALANCE 01 -51410 -200 CONTRACTUAL EXPENSE 1,250 1,250 01- 51410 -213 GENERAL PROPERTY COVERA 99,450 99,450 TOTAL PURCHASED /CONTRACT SERV 100,700 100,700 TOTAL INSURANCES 100,700 100,700 0.00 4,829.78 0.00 67,970.89 0.00 92,800.67 0.00 92,800.67 -fi- %- OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 ( 3,579.78) 286.38- 0.00 11,479.11 11.54 0.00 7,899.33 7.84 0.00 7,899.33 7.84 8 -28 -2014 10:57 AM 01 - GENERAL FUND PROFESSIONAL SERVICES BOYNTON BEACH: CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 -7- � OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED /CONTRACT SERV 01 -51420 -200 CONTRACTUAL EXPENSE 137,000 137,000 12,490.25 63,319.24 37,162.50 36,518.26 26.66 01- 51420 -201 CONTRACT LEGAL 100,000 100,000 4,161.00 61,438.78 9,754.17 28,807.05 28.81 01- 51420 -204 CITY STAFF COSTS 15,000 15,000 133.00 8,187.00 6,313.00 500.00 3.33 TOTAL PURCHASED /CONTRACT SERV 252,000 252,000 16,764.25 132,945.02 53,229.67 65,825.31 26.12 TOTAL PROFESSIONAL SERVICES 252,000 252,000 16,784.25 132,945.02 53,229.67 65,825.31 26.12 -7- B-28-2014 10:57 AM 01 - GENERAL FUND PLANNING DEPARTMENTAL EXPENDITURES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 $ OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL, SERVICES 7,203.19 7.58 0.00 7,203.19 01 -51440 -100 PERSONNEL SERVICES 95,000 95,000 7,307.60 87,796.81 TOTAL PERSONNEL SERVICES 95,000 95,000 7,307.60 87,796.81 PURCHASED /CONTRACT SERV 1,500.00 100.00 0.00 17,438.17 01 -51440 -225 ASSOC. MEETINGS & SEMINAR 5,320 25,320 0.00 9,876.01 01 -51440 -226 MEMBERSHIP DUES 1,000 1,000 0.00 729.00 01 -51440 -227 DELIVERY SERVICES 300 300 0.00 76.82 01- 51440 -229 CAREER DEVELOPMENT 1,500 1,500 0.00 0.00 TOTAL PURCHASED /CONTRACT SERV 8,120 28,120 0.00 10,681.83 SUPPLIES 01 -51440 -310 OFFICE SUPPLIES 1,500 1,500 196.09 895.69 01- 51440 -340 CELLULAR PHONES 900 900 0.00 857.08 01 -51440 -360 BOOKS & PUBLICATIONS 300 300 0.00 0.00 01 -51440 -365 OFFICE PRINTING COSTS 3,500 3,500 0.00 209.50 TOTAL SUPPLIES 6,200 6,200 196.09 1,962.27 DEPRECIATION & AMOR TOTAL PLANNING 109,320 129,320 7,503.69 100,440.91 0.00 7,203.19 7.58 0.00 7,203.19 7.58 0.00 15,443.99 61.00 0.00 271.00 27.10 0.00 223.18 74.39 0.00 1,500.00 100.00 0.00 17,438.17 62.01 0.00 604.31 40.29 0.00 42.92 4.77 0.00 300.00 100.00 0.00 3,290.50 94.01 0.00 4,237.73 68.35 0.00 28,879.09 22.33 -8- 8 -28 -2014 10:57 AM BOYNTON BEACH: CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 01 - GENERAL FUND BUILDINGS & PROPERTY CAPITAL EXPENDITURE DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY 395,027 395,027 16,504.64 201,308.47 10,312.58 183,405.95 46.43 -9- $ OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED /CONTRACT SERV 01 -51620 -200 CONTRACTUAL EXPENSE 2,500 2,500 0,00 911.74 0.00 1,588.26 63.53 01- 51620 -201 PROPERTY TAXES & ASSOC, D 75,000 75,000 1,982.00 20,979.55 0.00 54,020.45 72.03 01 -51620 -205 RENTAL OF OFFICES 87,000 87,000 6,457.55 73,901.05 0.00 13,098.95 15.06 01- 51620 -208 EQUIPMENT LEASES 10,000 10,000 671.60 4,826.11 2,235.58 2,938.31 29.38 01- 51620 -209 PROPER'T'Y MAINTENENCE COST 188,527 188,527 6,596.22 83,566.42 8,077.00 96,883.5B 51.39 01- 51620 -224 SIGNAGE I5,000 15,000 0.00 6,887.62 0.00 8,112.38 54.08 TOTAL PURCHASED /CONTRACT SERV 378,027 378,027 15,707.37 191,072.49 10,312.58 176,641.93 46.73 SUPPLIES 01 -51620 -325 ELECTRICITY COSTS 10,000 10,000 528.30 4,451.22 0.00 5,548.78 55.49 01 -51620 -326 WATER CHARGES 7,000 7,000 268.97 5,784.76 0.00 1,215.24 17.36 TOTAL SUPPLIES 17,000 17,000 797.27 10,235.98 0.00 6,764.02 39.79 CAPITAL EXPENDITURE DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY 395,027 395,027 16,504.64 201,308.47 10,312.58 183,405.95 46.43 -9- 8 -28 -2014 10:57 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 01 - GENERAL FUND MARINA ORIGINAL AMENDED MONTHLY YEAR -TO -DATE DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE PURCHASED /CONTRACT SERV 01- 51630 -200 CONTRACTUAL 500 500 0.00 450.00 01 -51630 -209 PROPERTY MAINTENENCE 35,800 35,800 574.83 23,695.97 01- 51630 -241 MARINA FUEL MANAGEMENT 158,000 158,000 13,166.67 144,833.37 01- 51630 -242 MARINE FUEL STATION OVE 34,200 34,200 2,448.21 23,684.21 TOTAL PURCHASED /CONTRACT SEEN 228,500 228,500 16,189.71 192,663.55 SUPPLIES 9.96- 0.00 1,499.61 12.50 01- 51630 -310 OFFICE SUPPLIES 500 500 82,28 253.64 01- 51630 -325 ELECTRIC COSTS 15,400 15,400 913.62 8,546.03 01- 51630 -326 WATER COSTS 2,100 2,100 249.95 2,175.37 01 -51630 -327 GASOLINE & DEESEL FUEL PU 741,500 741,500 78,846.90 815,340.57 01- 51630 -328 MARINA DIESEL SALES TAX 12,000 12,000 1,094.05 10,500.39 TOTAL SUPPLIES 771,500 771,500 81,186.80 836,816.00 CAPITAL EXPENDITURE TOTAL MARINA 1,000,000 1,000,000 97,376.51 1,029,479.55 %, OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 50.00 10.00 0.00 12,104.03 33.81 0.00 13,166.63 8.33 0.00 10,515.79 30.75 0.00 35,836.45 15.68 0.00 246.36 49.27 0.00 6,853.97 44.51 0.00 { 75.37) 3.59- 0.00 ( 73,840.57) 9.96- 0.00 1,499.61 12.50 0.00 ( 65,316.00) 6.47- 0.00 29,479.55) 2.95- _jp_ 8 -28 -2014 10:57 AM O1 - GENERAL FUND COMMUNICATIONS & TECHNOLO DEPARTMENTAL EXPENDITURES BOYNTON BEACH: CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 ORIGINAL AMENDED BUDGET BUDGET PURCHASED /CONTRACT SERV 1,799.99 0.00 01 -51650 -200 CONTRACTUAL EXPENSE 3,000 3,000 01 -51650 -210 CITY IT SUPPORT 24,000 24,000 01 -51650 -211 COMPUTER SOFTWARE & LTCEN 1,200 1,200 01 -51650 -212 FINANCIAL SOFTWARE MAIN 8,500 8,500 TOTAL PURCHASED /CONTRACT SERV 36,700 36,700 SUPPLIES 9.34 0.00 01 -51650 -330 TELEPHONE LINES 6,000 6,000 TOTAL SUPPLIES 6,000 6,000 CAPITAL EXPENDITURES 1,911.70 31.86 01 -51650 -400 EQUIPMENT COSTS 9,750 9,750 TOTAL CAPITAL EXPENDITURES 9,750 9,750 TOTAL COMMUNICATIONS & TECHNOLO 52,450 52,450 %- OF MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 0.00 1,799.99 0.00 1,200.01 40.00 0.00 16,879.87 5,700.41 1,419.72 5.92 0.00 403.20 0.00 796.80 66.40 0.00 7,705.96 0.00 794.04 9.34 0.00 26,789.02 5,700.41 4,210.57 11.47 402.94 4,088.30 0.00 1,911.70 31.86 402.94 4,088.30 0.00 1,911.70 31.86 0.00 9,227.00 0.00 523.00 5.36 0.00 9,227.00 0.00 523.00 5.36 402.94 40,104.32 5,700.41 6,645.27 12.67 _H- 5 -26 -2014 10:57 AM BOYNTON BEACH CRA REVENUE 5e EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 01 - GENERAL FUND CONTINGENCY MONTHLY YEAR -TO -DATE ACTIVITY BALANCE 0.00 ORIGINAL AMENDED DEPARTMENTAL EXPENDITURES BUDGET BUDGET PURCHASED /CONTRACT SERV 01- 51990 -200 CONTRACTUAL EXPENSE 25,000 25,000 TOTAL PURCHASED /CONTRACT SERV 25,000 25,000 TOTAL CONTINGENCY 25,000 25,000 MONTHLY YEAR -TO -DATE ACTIVITY BALANCE 0.00 0.00 0.00 0.00 0.00 0.00 _y2_ $ OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 25,000.00 100.00 0.00 25,000.00 100.00 0.00 25,000.00 100.00 8 -28 -2014 10:57 AM BOYNTON BEACH CRA TOTAL UNENCUMBERED REVENUE �. EXPENDITURES REPORT (UNAUDITED) ENCUMBERED BALANCE REMAINING AS OF: AUGUST 31ST, 2014 01 - GENERAL FUND 9,247.24 12.33 0.00 2,235.00 MARKETING 0.00 957.88 19.16 0.00 2,442.51 ORIGINAL AMENDED MONTHLY YEAR -TO -DATE DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE PERSONNEL SERVICES 0.00 2,402.00 16.01 0.00 01 -57400 -100 PERSONNEL SERVICES 75,000 75,000 5,736.70 65,752.76 TOTAL PERSONNEL SERVICES 75,000 75,000 5,736.70 65,752.76 PURCHASED /CONTRACT SERV 0.00 1,075.26 17.92 90.00 01- 57400 -216 ADVERTISING & PUBLIC NOTI 6,000 6,000 0.00 3,765.00 01- 57400 -218 ANNUAL REPORT & BROCHURES 5,000 5,000 1,075.00 4,042.12 01 -57400 -225 ASSOC. MEETINGS & SEMINAR 3,820 3,820 0.00 1,377.49 01- 57400 -226 MEMBERSHIP DUES 825 825 0.00 1,600.00 01 -57400 -227 DELIVERY SERVICES 5,000 5,000 0.00 327.32 01- 57400 -229 CAREER DEVELOPMENT 1,500 1,500 0.00 595.13 01 -57400 -236 PHOTOGRAPHY / VIDEOS 15,000 15,000 0.00 12,598.00 TOTAL PURCHASED /CONTRACT SERV 37,145 37,145 1,075.00 24,305.06 SUPPLIES 01- 57400 -310 OFFICE SUPPLIES 1,500 1,500 99.88 925.84 01 -57400 -340 CELLULAR PHONES 1,080 1,080 0.00 960.00 01 -57400 -355 SUBSCRIPTIONS 1,025 1,025 0.00 712.09 01 -57400 -365 OFFICE PRINTING COSTS 6,000 6,000 0.00 4,924.74 TOTAL SUPPLIES 9,605 9,605 99.88 7,522.67 DEPRECIATION & AMOR TOTAL MARKETING 121,750 121,750 6,911.58 97,580.49 90.00 24,079.51 19.78 -13- $ OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 9,247.24 12.33 0.00 9,247.24 12.33 0.00 2,235.00 37.25 0.00 957.88 19.16 0.00 2,442.51 63.94 0.00 { 775.00) 93.94- 0.00 4,672.68 93.45 0.00 904.87 60.32 0.00 2,402.00 16.01 0.00 12,839.94 34.57 0.00 574.16 38.28 90.00 30.00 2.78 0.00 312.91 30.53 0.00 1,075.26 17.92 90.00 1,992.33 20.74 90.00 24,079.51 19.78 -13- B-28-2014 10:57 AM O1 - GENERAL FUND SPECIAL EVENTS DEPARTMENTAL EXPENDITURES BOYNTON BEACH: CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 !k OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 42,979.39 47.43 0.00 42,979.39 01 -57500 -100 PERSONNEL SERVICES 90,618 90,618 1,505.90 47,638.61 TOTAL PERSONNEL SERVICES 90,618 90,618 1,505.90 47,638.61 PURCHASED /CONTRACT SERV 5,362.50 79.74 0.00 631.70 01 -57500 -225 ASSOC. MEETINGS & SEMINAR 4,800 4,800 163.99 378.67 01- 57500 -226 MEMBERSHIP DUES 425 425 0.00 225.00 01- 57500 -229 CAREER DEVELOPMENT 1,500 1,500 0.00 758.63 TOTAL PURCHASED /CONTRACT SERV 6,725 6,725 163.99 1,362.50 SUPPLIES 01- 57500 -310 OFFICE SUPPLIES 1,500 1,500 111.11 868.30 01- 57500 -340 CELLULAR PHONES 1,680 1,680 106.07 406.07 01- 57500 -355 SUBSCRIPTIONS 250 250 0.00 0.00 TOTAL SUPPLIES 3,430 3,430 217.18 1,274.37 CAPITAL EXPENDITURES 01- 57500 -400 EQUIPMENT COSTS _ 2,500 2,500 0.00 0.00 TOTAL CAPITAL EXPENDITURES 2,500 2,500 0.00 0.00 DEPRECIATION & AMOR TOTAL SPECIAL EVENTS 103,273 103,273 1,887.07 50,275.48 0.00 42,979.39 47.43 0.00 42,979.39 47.43 D.00 4,421.13 92.11 0.00 200.00 47.06 0.00 741.37 49.42 0.0D 5,362.50 79.74 0.00 631.70 42.11 30.00 1,243.93 74.04 0.00 250.00 100.00 30.00 2,125.63 61.97 0.00 2,500.00 100.00 6.00 2,500.00 100.00 30.00 52,967.52 51.29 B-28-2014 10:57 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 01 - GENERAL FUND EMPLOYEE BEBEFITS 9 6 OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01 -59000 -151 F.I.C.A. 37,685 37,685 2,572.26 32,252.65 0.00 5,432.35 14.42 01- 59000 -152 MEDICARE 8,814 8,814 587.53 7,387.76 0.00 1,426.24 16.18 01- 59000 -153 RETIREMENT PLAN 401(x) 92,174 92,174 0.00 55,414.00 0.00 36,760.00 39.88 01 -59000 -154 WORKERS COMP INSURANCE 2,500 2,500 0.00 1,920.51 0.00 579.49 23.18 01 -59000 -155 HEALTH INSURANCE 70,560 70,560 0.00 60,142.30 0.00 10,417.70 14.76 01- 59000 -156 DENTAL INSURANCE 2,913 2,913 0.00 2,420.81 0.00 492.19 16.90 01- 59000 -157 LIFE INSURANCE 713 713 0.00 486.90 0.00 226.10 31.71 01 -59000 -158 SHORT / LONG TERM DISABIL 2,787 2,767 0.00 2,153.56 0.00 633.44 22.73 01- 39000 -159 UNEMPLOYMENT CHARGES 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00 01- 59000 -160 VISION INSURANCE 405 405 0.00 280.28 0.00 124.72 30.80 01- 59000 -161 COMPENSATED ABSENSES 15,000 15,000 0.00 0.00 0.00 15,000.00 100.00 TOTAL PERSONNEL SERVICES 236,051 236,051 3,159.79 162,458.77 0.00 73,592.23 31.18 TOTAL EMPLOYEE BEBEFITS 236,051 236,051 3,159.79 162,458.77 0.00 73,592.23 31.18 -15- 8 -28 -2014 10:57 AM 01 - GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES DEBT SERVICE BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF. AUGUST 31ST, 2014 ORIGINAL AMENDED BUDGET BUDGET OTHER FINANCING USES 01- 59800 -990 TRANS OUT TO DEBT SERVI 1,519,179 1,519,179 TOTAL OTHER FINANCING USES 1,519,179 1,519,179 TOTAL DEBT SERVICE 1,519,179 1,519,179 %- OF MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 0.00 1,519,178.00 0.00 1.00 0.00 0.00 1,519,178.00 0.00 1.00 0.00 0.00 1,519,178.00 0.00 1.00 0.00 6 -28 -2014 10 :57 AM BOYNTON BEACH: CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 01 - GENERAL FUND TRANSFER OUT OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING OTHER FINANCING USES 01 -59999 -990 INTERFUND TRANSFERS OUT 3,997,478 4,456,732 0.00 3,997,478.00 0.00 459,254.00 10.30 TOTAL OTHER FINANCING USES 3,997,476 4,456,732 0.00 3,997,478.00 0.00 459,254.00 10.30 TOTAL TRANSFER OUT 3,997,478 4,456,732 0.00 3,997,478.00 0.00 459,254.00 10.30 TOTAL EXPENDITURES 8,322,000 8,801,254 180,570.66 7,771,902.81 70,607.08 958,744.11 10.89 REVENUES OVER / (UNDER) EXPENDITURES 0 0 ( 98,591.24) 381,243.35 { 70,607.08)( 310,636.27) 0.00 8-28-2014 10:58 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 02 -PROJECTS FUND FINANCIAL SUMMARY OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET 13MCET ACTIVITY BALANCE ENCUMBER-ED BALANCE REMAINING REVENUE SUMMARY FESTIVALS & EVENT INCOME 0 0 300.00 7,567.21 0.00 f 7,567.21) 0.00 INVESTMENT INCOME 0 0 0.00 5,164.10 0.00 f 5,164.10) 0.00 MISCELLANEOUS 0 0 100.00 7,613,90 0.00 7,613.90) 0.00 OTHER FINANCING SOURCES 6,189,063 6,716,257 0.00 3,997,478.00 0.00 2,718,779.00 40.48 TOTAL REVENUES 6,189,063 6,716,257 600.00 4,017,823.21 0.00 2,698,433.79 40.18 EXPENDITURE SUMMARY OPERATING EXPENSES 506,258 506,258 5,955.11 140,722.18 28,090.00 337,445.82 66.65 CAPITAL OUTLAY 4,069,305 4,528,559 474,086.70 1,557,2133.81 1,044,698.73 1,926,576.46 42.54 ECONOMIC DEVELOPMENT 1,336,500 1,342,165 5,114.50 903,557.58 68,442,00 370,165.42 27.58 PROJECTS AND PROGRAMS 277,000 339,275 0.00 179,341.92 3,287.13 156,645.95 46.17 TOTAL EXPENDITURES 6,189,063 6,716,257 485,156.31 2,780,905.49 1,144,517.86 2,790,833.65 41.55 REVENUES OVER/(UNDER) EXPENDITURES 0 0 484,556.31) 1,236,917.72 ( 1,144,517.86) ( 92,399.86) 0.00 _18- 8 -28 -2014 10:58 AM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 02 - PROJECTS FUND OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET REVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING FESTIVALS & EVENT INCOME 02 -44100 FESTIVAL & EVENT INCOME 0 0 500.00 7,567.21 0.00 { 7,567.21 0.00 TOTAL FESTIVALS & EVENT INCOME 0 0 500.00 7,567.21 0.00 { 7,567.21) 0.00 INTERGOVERNMENTAL RE INVESTMENT INCOME 02 -46100 INTEREST INCOME 0 0 0.00 5,164.10 0.00 ( 5,164.10 0.00 TOTAL INVESTMENT INCOME 0 0 0.00 5,164.10 0.00 ( 5,164.10) 0.00 MISCELLANEOUS 02 -48100 MISCELLANEOUS INCOME 0 0 100.00 7,613.90 0.00 { 7,613.90 0.00 TOTAL MISCELLANEOUS 0 0 100.00 7,613.90 0.00 { 7,613.90) 0.00 OTHER FINANCING SOURCES 02 -49100 OTHER FINANCING SOURCES 2,191,585 2,259,525 0.00 0.00 0.00 2,259,525.00 100.00 02 -49900 TRANSFERS IN 3,997,478 4,456,732 0.00 3,997,478.00 0.00 459,254.00 10.30 TOTAL OTHER FINANCING SOURCES 6,189,063 6,716,257 0.00 3,997,478.00 0.00 2,718,779.00 40.48 TOTAL REVENUES 6,189,063 6,716,257 600.00 4,017,823.21 0.00 2,698,433.79 40.18 _fig_ 8 -28 -2014 10:58 AM 02 - PROJECTS FUND OPERATING EXPENSES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 $ OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED /CONTRACT SERV 02 -58100 -202 CONTINGENCY EXPENSE 75,000 75,000 0.00 0.00 0.00 75,000.00 100.00 02 -58100 -203 CONTRACTUAL EXPENSE 369,050 369,050 0.00 61,020.00 28,090.00 279,940.00 75.85 02- 58100 -213 LEGAL FEES 62,208 62,208 5,955.11 79,702.18 0.00 ( 17,494.18 28.12 - TOTAL PURCHASED /CONTRACT SERV 506,258 506,258 5,955.11 140,722.18 28,090.00 337,445.82 66.65 TOTAL OPERATING EXPENSES 506,258 506,258 5,955.11 140,722.18 29,090.00 337,445.82 66.65 -20- 8 -28 -2014 10:58 AM 02 - PROJECTS FUND CAPITAL OUTLAY BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF. AUGUST 31ST, 2014 _21_ %- OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02 -58200 -401 BUILDINGS 1,379,970 1,581,139 262,590.01 398,015.75 228,099.25 955,024.00 60.40 02 -58200 -402 IMPROVEMENTS 125,000 125,000 7,600.00 21,225.00 12,925.00 90,850.00 72.68 02 -58200 -404 CONSTRUCTION IN PROGRESS 2,315,190 2,398,275 200,508.69 1,015,725.56 738,809.48 643,739.96 26.84 02 -58200 -405 SITE WORK AND DEMOLITION 25,000 200,000 0.00 19,430.00 0.00 180,570.00 90.29 02 -58200 -406 INFRASTRUCTURE AND STRE 224,145 224,145 3,388.00 102,887.50 64,865.00 56,392,50 25.16 TOTAL CAPITAL EXPENDITURES 4,069,305 4,528,559 474,086.70 1,557,283.81 1,044,698.73 1,926,576.46 42.54 TOTAL CAPITAL OUTLAY 4,069,305 4,528,559 474,086.70 1,557,283.81 1,044,698.73 1,926,576.46 42.54 _21_ B-28-2014 10:58 AM 02 — PROJECTS FUND ECONOMIC DEVELOPMENT BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 -22— sk OF ORIGINAL AMENDED MONTHLY YEAR —TO —DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02 -58400 -443 DIFA — ECONOMIC DEVELOPMENT 941,500 941,500 0.00 799,734.00 0.00 141,766.00 15.06 02 -58400 -444 ECONOMIC DEVELOPMENT GRAN 300,000 300,000 0.00 21,076.50 68,442.00 210,481.50 70.16 02- 58400 -445 MARKETING INCENTIVES 95,000 100,665 5,114.50 82,747.08 0.00 17,917.92 17.80 TOTAL CAPITAL EXPENDITURES 1,336,500 1,342,165 5,114.50 903,557.58 68,442.00 370,165.42 27.58 TOTAL ECONOMIC DEVELOPMENT 1,336,500 1,342,165 5,114.50 903,557.58 68,442.00 370,165.42 27.58 -22— 8 -28 -2014 10:58 AM 02 - PROJECTS FUND PROJECTS AND PROGRAMS ORIGINAL DEPARTMENTAL EXPENDITURES BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: AUGUST 31ST, 2014 t OF AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING CAPITAL EXPENDITURES 02 -58500 -470 COMMUNITY SUPPORT PROJECT 2,000 2,000 02- 58500 -480 COMMUNITY SPECIAL EVENT 275,000 337,275 TOTAL CAPITAL EXPENDITURES 277,000 339,275 TOTAL PROJECTS AND PROGRAMS 277,000 339,275 0.00 0.00 0.00 2,000.00 100.00 0.00 179,341.92 3,287.13 154,645.95 45.85 0.00 179,341.92 3,287.13 156,645.95 46.17 0.00 179,341.92 3,287.13 156,645.95 46.17 -23- 8 -28-2014 10:58 AM 02 -PROJECTS FUND TRANSFER OUT - ASSET TRA DEPARTMENTAL EXPENDITURES OTHER FINANCING USES BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF. AUGUST 31ST, 2014 !k OF ORIGINAL AMENDED MONTHLY YEAR -TO -DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING TOTAL EXPENDITURES 6,129,063 6,716,257 485,156.31 2,780,905.49 1,144,517.86 2,790,833.65 41.55 REVENUES OVER /(UNDER) EXPENDITURES 0 0 484,556.31) 1,236,917.72 6' 1,144,517.86)( 92,399.86) 0.00 -24- BOW44 QW BEAC K [`,",�' CRA BOARD MEETING OF: September 9, 2014 N I — Consent — Agenda I (old Business New B Public Hearing f Other SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for August 2014. FISCAL ACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RE COMMEN D ATI ON S: Approve the purchase order report. Susan Harris Finance Director Boynton Beach CRA Purchase Order Report Month: August 2014 Ve ndor t Funding Source Descripti Lewis Longman - Escrow rat Robinson ro Purchase T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\September 20141Monthly Purchase Order Report 8t tYrk s$ i ', a w 1 I)11 0 — B NTON - — fY . �'. RA CRA BOARD MEETING OF: September 9, 2014 I Consent Agenda I I Old Business I I New Business I I Legal I I tea SUBJECT: Approval of Commercial Rent Reimbursement Grant to Healing Heart, Inc. SUMMARY: The Commercial Rent Reimbursement Grant Application and Guidelines provide eligible new or existing businesses with rent payment assistance for a maximum period of twelve months within the first eighteen months of a multi -year lease. Healing Heart, Inc. entered into a Lease on August 22, 2014 as a veterinary clinic located at 222 West Boynton Beach Blvd., Boynton Beach, FL 33435. Healing Heart, Inc. falls under the terms of a Tier 1 business (as outlined in the grant application). If approved, the applicant is entitled to a maximum of $600.00 per month for a 12 month period. The maximum total reimbursement per business is $7,200.00. The applicant meets the eligibility requirements under program guidelines. The Rent Reimbursement Grant is reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL IMPACT: Project Fund Line Item 02- 58400 - 4401444 CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Rent Reimbursement Grant for Healing Heart, Inc. not to exceed $7,200.00. Michael Simon Assistant Director E IVY .. , B c OYNTO °i..B 2 8i" 201 11110MBE RA, BOYNTON BEACH October 1, 2013 -- September 30, 2014 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program Rules and Requirements SUBMISSION OF AN APPLICATION t It is responsibility of the lic ant to READ AND UNDERSTAND all aspects of the t Program's I it is tl n. 1 proposed exterior l using funds must be approved the CRA Board. The CRA Board may make recommendations ibr exterior improvements based upon the CRA Design li . The Commercial Rent Reimbursement Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA district. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation in order to effectively promote new businesses within the CRA thereby remedying and preventing conditions which lead to slum and blight. 1. r The Commercial Rent Reimbursament Program offers financial assistance in the form of quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. The Commercial Rent Reimbursement Program funding may be budgeted anrically by the CRA Board and awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Faking application to the program is NOT a guarantee of funding. II. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: 1. Employ a minimum of two (2) full time employees_ For the purposes of this grant, a full time equivalent em io ee is defined as workin a minimum of thirty-five 36 hours per week at tb± f=ederal minimurri VC-1 Initials Page 1 of 11 710 N. FedcnA lUghway Boyntcm Beach, FL 33435 ]Phone 551 -737 -3256 Fax 561- 737 -3258 2. Must be located within the CRA District (s." attached map), I Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies. (Copies of City & County licenses or receipts that the licenses have been applied for.) 4. A now business is defined as a company in operation for less than six months or relocating to Boynton Beach. 5. An existing business is defined as being in operation for a minimum of three years at the time of application. 6. An existing business must expand to occupy more than fifty percent (50%) of its current square footage size. Verification of this threshold must be provided in the application package. 7. The Applicant's Experian consumer report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement funding. A copy of the consumer report will be provided to the Applicant upon request. S. Applicant must have a proposed or executed multi-year lease (two year minimum). 111. Inellgible Businesses & Conditions Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entily in which the a HERO recipient is not listed as the .registered agent,pWrier officer or director of said business and Lbj lists its place of business as the leased pEgEq Lises of the grant recipient and W has obtained a business tax license from the C& of Boynton Beach for the grant mg:ipTent's leased premises or any part thereof. The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Program: Rrea; Saies Corvenience Stores ReNgtous Affiliated Rstafl Stores Churches D Mon Profits V Tattoo Shops/Body Piercing/Body ArI Shops Financial Services (banking & check cashing stores) TEke-Out Foods Adult Entertainment Liquor Stores Page 2 of 11 710 N. Federal Ffighmy Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 Gran Terms and Conditi This grant is divided into two tiers. Each tier consists of different types of businesses that are eligible and the amount of funding available to the business. A minimum of two full time employees is required regardless of which tier a business falls into. Tier One Businesses Tier One Businesses are eligible for up to half of the business's monthly rent or $600 per month, whichever is less. (Maximum amount of the grant is $7,200.) Tier One Businesses must be one of the following types of businesses: 0 Restaurant Gourmet M=ood Market Bakery Clothing Boutique - dothing, shoss & accessories Home 06cor /Design - home fua nisNngs, ar'. galieries, kitch.en ,`imras Specialty Businesses - stationery, gifts, sporting goods, personal care « Pilates/yoga studios, fitness centers and salons Tier Two Businesses Tier Two Businesses are eligible for up to half of the business's monthly rent or $600 per month, whichever is less. (Maximum amount of the grant ?s $6,000.) Tier Two Businesses may consist of any other eligible business not listed in 7 ier One above. Lease Terms Applicant must be a tenant and have a proposed or executed multi -year lease (two year minimum). The commercial lease must define the landlord- tenant relationship and at minimum provide the following information: A description of the space being rented including square fooIage and a drawing oy� the space. Description of utilitias that are the tenant's responsibility. Rsnta3 rate and deposits along with terms of lease and methodology for future rent increases. Responsible party for interior and exterior repairs and /car improvements. Insurance requirements. Ability to #errninate. Consequences of default on the lease. _Ii�� Page 3 of 11 71 D N. Federal Highway BoynWn Beach, FL 33435 Phone 561 - 737 -3256 Fax 561 -737 -3258 Rent reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business in open for operation, The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landford upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the ntracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Re program may only be used one time by any one specific business entity or business owner. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not advance the goals and objectives established for the economic development of the CRA District. The receipt of pasa payments is not a guarantee of future payments. V. Procedures for Application and A Appiication Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets m ust include the following documentation: 1. A nonrefundable fee of $100.00 is required to obtain a consumer report on the business and principallowners of the business. Make check payable to: Boynton Beach CRA 2. v",tompleted and signed application. 3. Completed and signed Authorization to Perform Credit Check forte business and each principal /owner of the business (forms attached to the application — multiple forms may be needed for principal /owners of the business) - 4. A9 Form (attached to grant application). b. Copy of City and County business licenses. 8. Resume for each principal /owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed or proposed multi -year commercial lease agreement. 9. VTwo (2) years of corporate tax returns (for existing businesses only). 10. XTwo (2) years, of personal tax returns for the principals /owners of a new bus5ness.4,.., _I�L Fage 4 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all currant positions including job descriptions, pay range and weekly schedule. 12. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (b0 %) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, ORA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. - a o g roaose eases must a executed within _thrttr � ®_ days o$ CRA Board, _ a groval r the _ award is terminated. VI. Procedures for Reimbursement Quarte Rent Reimbursement Payments Rent reimbursement payments will be provided to the grant recipient on a quarterly basis beginning the first month the business is open for operation subsequent to CIA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. By accepting the grant, the applicant agrees to comply with the quarterly repoiling requirement of providing the CRA with proof of employee wage reporting for four (4) consecutive Quarters. Each report shall be made within ten (10) days of the start of the next applicable quarter beginning on January 1, April 1, July 1, and October 1 following the Initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following- 1 - Written request for reimbursement 2. Proof of rent paymerhi (i.e., copies of the front 9 back of cancelled rent checks for that quarter's reimbursement or ,proof of direct deposit). 3. For W -2 eligible employees, Florida Department of Revenue Em,ployars Quarterly Deport (RT -6) for each consecutive quarteP m, ust be submMed. Page 5 of 11 710 N. Frderal Highway Boyntm Beach, F"L 33435 1Ph= 561- 737 -3256 Fax 551 - 7373258 or For sole proprietorships, partnerships, S- corporations and 1099 -MISC eligible employees; copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. If M!mMiMMEMM reimbursement r i S re Site Visits CRA staff will conduct a site visit before reimbursement payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the fight to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICAMN NOT FUNDING It is the n l alit of the li nt to ll aspects of the r nt Program's I uir li ti n. - gElnifais Page 6 of I] 710 N. Fed Highway Boynton h, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 BO YN - 1--e' RA W"BE ... 'Hi C October 1, 2013 — September 30, 2014 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Q�LS INESS INFORMATI B usiness Z if a pli le): G� l t L_61.y'� In C I � C urrent B usines s Address- Ll✓ Fed e sit : Existing Business: Yes �' Na Number of years in xlsi n ° �i r r New Business to Boynton Bead: Yes No V Time at Current Location: 1 JIB D o you have an executed lease agreement: Yes / No If so, monthly rent: New Business Address (must be within CRA District): LIZ Sq uare footage of existing loca v c �'• x Square footage of new location Type of Business: P_ r � - r ; Number of Employees. Tours of Operation: L yvi G) y Page 7 of 11 710 N. Federal Highway B h, FL 33435 Phom 561- 737 -3256 Fax 561 -737 -3258 PRINC,IPAL/OWNER _-- INFORMATION: ( if more than 4 princiga ls/owners additional sheets may be used.) 1 a Principal/Owner Name: 1 #. Date of B CA A i. l .� Current Addre Email _ r,& vii A r A- P hone #: i 1 Q- 2. Principal/Own acne: D ate of Bi Current Address: E mail: phone 3. P rincipal/ Owner Name: D ate of Birth: Current Address: E mail: Phone - - -- - 4. Principal/Owner Name: Date of Birth: Current Address: r ail: hone : LANDLORD INFORMATI Landlord Name: \,NjV\ Landlord's Maiii s t K'S ig v® #, m P v W 41 n 1,11, its a°7;� L -- � Landlord" Poe Are you applying for grant assistance under any other program offered by the CRA (Tier One Businesses only): Yes / No If yes, what additional programs are you applying for: Are you receiving grant assistance from any anther governmental agencies: Yes No If yes, list any additional grant sources and amounts: TI1 IC TI I �y: I, the undersigned, applicant(s) certify that all information presented ivt this application, and 0 of the information furnished in support of the application, is given for the purpose of obtaining a grant under l Page 8 of 11 710 R Federal Higbway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 the Boynton Beach Community Redevelopment Agency Commercial Kent Keimbursement Pregram, and it is true and compiete to the best of the applicant(s) knowledge and belief. The appPicant(s) further certifies that he/she is aware of the fact that he /she can be penalized by fine andlor imprisonment for making false statements or presenting false information. i understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CPS► may at its sole discretion discontinue rent reimbursement payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. 1 hereby waive Troy rights undeP the privacy and confidentiality provision act, and give may consent to the Boynton Basch CmmmunKy Redevelopment Agency, its agents and contra ors to examine any confidential information given herein I fudber grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. l give permission to the CoRA or its agents to take photos of myseT and business to be used to pmmorte the program. 1 understand that if this application and the information furnished in support of the application are - found to be incomplete, it will not be processed. SUBMISS t It is respon s ibility o the app licant to ll aspects of the Grant P rogram's ! it n li i n. / Z-/ t P rincipal/ n is Si 4 A � F ri Ti P rincipal/Owners Signature Dat P rinte d Title Principal/Owner's Signature Cate P rinted Name Title in ipalf ner's Signature Date Printed Name Title Page 9 of I] 710 N_ Fed=1 Highway B oynton Beack FL 33435 Pho 561- 737 -3256 Fox 561- 737 -3258 Notary as to Principal/Owner's Signatures. Multiple notary pages may be used if signing individually. STATE OF �L COUNTY 6 V"h BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who r` are personally known to me or produced I Ubl? 7717TT r d as identification, and acknoWedged he/she execute e foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, l have set my hand and official sea] ir. the to and County aforesaid on this day of Ye 20 %% %J111101 11 %%% S Y L NoTARY PU13LIC N%V ... C) ..... TAy;. My Commission Expires WS ft - my Comp, L`xpires Seplembcr 23 2017 do .......... TM 11, 1111111 0% Page 10 of I I 710 R Federal ffighway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. 2�11 i(/ Landlord' Sigg aturee Date . ...... ......... yi b--e vj s -e Printed Name Title Landlord's Signature Date Printed Name Title STATE OF bj�a COUNTY OF Wj� m. BEFORE ME, an officer duly authorized by law t administer oaths and take acknowledgements, personally appeareda- V who Ware personally known tom or produced q ko- as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal a n t he State and County aforesaid on this " da of � ap NOTAky PU My Commission Expires: My Comm. Expires September 23, 2017: No FF56B63 151" P IA30C OF Page 3 of 1 1 71 N. Fod=W Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 This instrument prepared by. Christopher P, Kelley, P.A. 11098 Biscayne Boulevard, Suite 205 Miami, FL 33161 LEASE AGREEMENT Made this day of August, 2014, between WHITE ELK ENTERPRISES, LILC, a Florida limited liability company, whose address 180 Nept Drive, Hypoluxo,FL 33462, hereinafter called the LESSOR, which term shall include its heirs and assigns, where the context so requires or admits, of the one part. and HEALING HEARTS, INC., a Florida corporation, whose address is 1.80 Nept ne _Drive hYaQW2���, hereinafter cal e S term shall include its executors and administrators, wherever the context so requires or admits, of the other part: WITNESS. That the said LESSOR does hereby lease and demise unto the said, LESSEE, the premises 10 t at 222 West Bo ynton Beach 801112 YArej Rnk—fon..Beach, FL 23435; ca ed TO HAVE AND TO HOLD the premises unto the said LESSEE,its executors and administrators, from the later of the 1st day of December, 2014, or when the Certificate of Occupancy is issued, for the term of sixty (60) months, then next ensuing, the said LESSEE Yielding and paying to the said LESSOR the rental of ONE HUNDRED TWENTY THOUSAND and NO/100 ($120,000,00) Dollars, said rent to be paid in advance, without demand, on the 1st day of each and every month, in the amount of TWO THOUSAND and NO/100 ($2,000-00) Dollars, plus applicable s currently 6-1/2%. ale tax, In addition to the monthly rent, LESSEE shall be responsible to pay for any and all insurance. real e t axes , assessments, utilities, e t c . LANDLORD shall be responsible for buildoul ofall interior improvements and maintain roof and structure. Any rent received more than ten (10) days after the due date shall incur a five (5%) percent late charge, which shall be deemed additionalrent. At the end of the initial lease term, the LESSOR agrees to extend this lease for an additional five-year term at price to be agreed upon. At the time of executing this Lease, LESSEE shall deposit with LESSOR, the sum of 1 20 IL192") Dollars as Security Deposit for the full and faithful performance by LESSEE of all terms herein and to maintain the premises in its current condition Said Security Deposit shall not accrue interest and may be commingled with LESSOR's other funds. THE LESSEE hereby covenants with ft LESSOR that it will pay the rent herein reserved at the times and in the manner aforesaid; and will pay all charges for gas, electricity and other illuminant, and for all water used on said premises; and that should said rent or charges for light or water herein provided for at any time remain due and unpaid for the space of ten (10) days after same shall have become due, the said LESSOR may at its s option consider the said LESSEE a tenant at sufferance and immediately re-enter upon said premises and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collected by distress or otherwise; and will not use or permit the premises to be used for any illegal or improper Purposes, nor permit any disturbance, noise or annoyance whatsoever, detrimental to the premises or to the comfort of the other inhabitants of said building or its neighbors; and will not sublet Or assign this lease or any part thereof, without the written consent of the LESSOR: and will keep the interior of the premises, and also the windows and doors thereof, and the fixtures therein, and all the interior walls, pipes and other appurtenances in good and substantial repair and clean Page I of 3 condition, damage by fire excepted; and will exercise all reasonable care in the use of all hails, stairs, bathrooms, closets, piazzas and other fixtures and parts of said premises used in common with other tenants in said building which may be necessary for the preservation of the property and the comfort of the other tenants; and will also permit the LESSOR or its agents or employees, at all reasonable times, to enter into the premises and view the condition thereof, and make such repairs as may be necessary; and will at the expiration of said term, without demand, quietly and peaceably deliver up the possession of said premises in good state and condition, damage or destruction by fire excepted. LESSEE agrees that it shall not utilize the premises to store any environmentally hazardous material on the premises, including but not limited to chemicals, gas, paints, asbestos, fuel, etc. THE LESSOR hereby covenants with the LESSEE, upon the performance by the LESSEE of the covenants hereinbefore set forth, that the said LESSOR will, during the continuance of said term, keep all the external parts of the premises in good repair; that in case the said buildings and premises, or any part thereof, shall at any time be destroyed or so damaged by fire as to be unfit for occupation or use, said LESSOR shall have the option to terminate this lease, or to repair and rebuild the said premises, remitting the rents hereby reserved, or a fair and just proportion thereof, according to the damage sustained, until the said premises are reinstated and made fit for occupancy and use; and that the LESSEE may quietly hold and enjoy the premises without any interruption by the LESSOR or any person claiming through or under it; Provided, that on the breach of any of the covenants by the LESSEE herein contained, the LESSOR may re -enter said premises and immediately thereupon the said term shall be determined. And said LESSEE hereby pledges and assigns to the LESSOR all of the furniture, fixtures, goods and chattels of said LESSEE, which are or may be brought or put on said premises, as security for the payment of the rent herein reserved; agrees that the said lien may be enforced by distress, foreclosure or otherwise, at the election of the LESSOR; and said LESSEE hereby waives all right of homestead or exemption in said furniture, fixtures, goods and chattels to which it may be entitled under the constitution and laws of this State; and in case of the failure of the LESSEE to pay the rent herein reserved when the same shall become due, and the same is collected by suit or through an attorney, the LESSEE agrees to pay the LESSOR its reasonable attorney's fee, together with all costs and charges thereof. LESSEE may sublet a portion of the premises upon written consent of LESSOR which shall not be unreasonably withheld, IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the - - _ day of August, 2014. Executed in he presence of: WHITE Et-FC. ENTERPRISES, LLC Witness a Florida limited liability company name BY; s NANO K9L E ER President ryes I " o=-e- Print narn. Page 2 of 3 LESSEE: HEALING HEARTS itne °s INC., a Florida corporwoof, ; t Pri �7 name BY : iitn s C9 Print Harris Nancy Keller President STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared NANCY KELLER, as Pr siden of WHITE ELK ENTERPRISES, LL, a Florida limited liability company, who produced as identification, to me known to be the person described in and who executed the foregoing instrument, and she acknowledge before me that she executed the same under authority vested in her by said corporation. WITNESS my hand official seal in the county and state last aforesaid, this day of 2014. -1k My Commission Expires: NOTARY LIC, State of FLORIDA at Large STATE OF FLORIDA COUNTY OF J bifl—k-- �11— ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared NANCY KELLER, as President of HEALING HEART 1tjC, a Florida corporation, who produced as identification, to me known to be the person described in and who executed the foregoing instrument, and she acknowledge before me that she executed the same under authority vested in her by said corporation. WTTNESS my hand official sea] in the county and state last aforesaid, this day of 2014. .......... My Commission Expires: NOTARY PU LIC, State of FLORIDA at Large X 0111411ty ll T Page 3 of 3 m. Expires - imy com embw 23. 2017.* ft FF 56863 ........... 0 F IFV Detail by Entity Name Page 1 of 2 s Deta by Entity Name Florida Profit Corporation HEALING HEART, INC. Filing Information Document Number P00000008908 FEl1EIN Number 650986794 Date Filed 01/20/2000 State FL Status ACTIVE Principal Address 208 NE 3RD STREET BOYNTON BEACH, FL 33435 Changed: 03/11/2009 alling Addres 180 NEPTUNE DR HYPOLUXO, FL 33462 Changed: 03/19/2008 Registered Agent Name & Address KELLER, BRUCE A 2375 NE 195TH STREET NORTH MIAMI BEACH, FL 33180 Name Changed: 03119/2008 Address Changed: 03/19/2008 Officer /Director Detail Name & Address Title PTSD I KELLER, NANCY 180 NEPTUNE DR HYPOLUXO, FL 33462 Annual Revo Report Year Filed Date 2012 03/21/2012 i 2013 03/06/2013 2014 02/19/2014 D ocument Ir�tages http: / /search.sunbiz. org/ Inquiry /CorporationSearch/SearchRe sultDetail/EntityName /domp -... 3/11/2014 Detail by Entity Name Page 2 of 2 02/1912014 --ANNUAL REPORT View image in P CAF t�rrra�t 03/06/2013 ANNUAL REPORT °Aew �image in PDF format 03/21/2012 ANNUAL REPORT a in PDF format 02116/2011 ANNUAL REPORT View image in PDF format 02/10/201 ANNUAL REPORT View image in PDF format 03/1112009 ANNUAL REPORT View image in PDF format= 03119/2008 ANNUAL REPO View image in PDF for 01122120017 ANNUAL REPORT View image in PDF format 03108/2006 ANNUAL EEO d ie image in PDF format 04125/2005 --ANNUAL REPORT View image in PDF format 03/02/2004 — ANNUAL REPORT View image in PDF format 0311712003 -- ANNUAL REPORT iewa image in PDF format 03/1212002 -- ANNUAL REPORT view image in PDF format 08/21/2001 --ANNUAL REPORT dery image in PDF format 0112012000 -- Domestic Profit View image in PDF format Cop daht &J and Privacy Policies State of Florida, Department of State http: //search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaii/EntityName/domp-... 3/11/2014 2014 FLORIDA PROFIT CORPORATI` N ANNUAL REPORT FILED DOCUMENT# P00000008908 Feb 19, 2014 Entity Name: HEALING HEART, INC. Secretary of State CC8117343887 Current Principal Place of Business: 208 NE 3RD STREET BOYNTON BEACH, FL 33435 Current Mailing Address: 180 NEPTUNE DR HYPOLUXO, FL 33462 US F Number: 65-0986794 Certificate of Status Desired: No Name and Address of Current Registered Agent: KELLER, BRUCE A 2375 NE 195TH STREET NORTH MIAMI BEACH, FL 33180 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title PTSD Name KELLER, NANCY Address 180 NEPTUNE DR -Qt. .-7 Cit, "1p: HYPOLUXO FL 33462 -.-t- — I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation orthe raceiverar trustee empowered to execute this report as required by Chapter 607, Florida statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: NANCY KELLER PTSD 02/19/2014 Electronic Signature of Signing Of Detail Date N DEPARTMENT OF STATE Kaflieririe Harris Secretary of State January 27, 200D CHRISTOPt iLR P. KELLEY Fvm. 11 098 RiSCAYNE BLVD, Sur MIAMI, FL 61 T!-c Article of Incorporation for HEAL-!N G H".ART, :Nr_' were file,) art 1 . ry 1:01, 2000and assigned dccurnent n- P Q000GQC89W�. Picwse refor lo this Januai '1A � tei - flurylber -,O co wilh this office; regard,rq flee above corporation. The /Ou requested is PLEAEF Nam: COMPLIANCE WITH THE FOL.1-0" iONG PnOCEDUPiTi'S IS E S t-SE., A • 'I TIAL TO MAINTAINING YOUR CORPORATE STATUS FAILURE 10 00 SO tvl;�Y RESULT IN LNSSOLU'rio,% OF YOUR 1 *_ - 1CRi;d0FA - FIGN. A CORPOR", ' TIONJ ANNUAL RFf- 80,S1NESS RE-PORT MUS'i BE FILED M!"Irk TH�S OFFICE BETWEEN JANUARY I AND MA A` Y I OF EH YEAR 6EG:!W VVN THE CALENDAR YEAR, FOLLOW NC THE Y'EA"R OF7 FIONG DATE N:CITE'D AS0V*r'_.' AND EACH YEAR THEREAFTER. FAILURE TO F'ILE THE ,A AEPOPTIUNiFORM BUSINESS REPORT ON T2k MAY iIESULT IN ADM01`4iS T'RATIVE DISSOLUTION OF Y0102 CORPORATIO-N, A FEDERAL EMPLOYER IDENTliFICATION ';t =El) NUMBIER t BE SHCWN CN "HE ANNUAL REPORT/UWORM BUSINESS REPORT FG�FIM PRIOR TO !TS Fit.!NG VVFfH THIS OFFICE. CONTAIC'T ; "HE tNTEPINAL REVENUE SEPVI!- TO RECEIVE- THE FEI I NUMBER IN TIME TO FILE 'THE ANNUAL REP0A7/lJLNW�` SUSINESS F;EpQR AT 1-80G-829-3670 AND REQUESTIFORk! 1 3,S-4. SHOULD YOUR CORPORATE tAA)LNG ADDRESS 0HANGE, YOU MUST NOTiFY TH6 C)FF!r_.'E IN WAITING, TO INSURE IMPORTANT MAIL1. SUCH AS THE ANI�IJIUAL FEPOR7ilJNIF0r1M BUSINESS REPORT N()T€CCES REACH YOU. Siiou!d yul, havo any questiows regarding corporations, plva3euxlifact this oft!ce at the address ql"NE•r, below. Pamela Hall, Uo�, men t S pecialist New Section Letter Number: -, OUA0000-3826 Di. oFCorpnratiorF, P.O. BOX 6327 -Tall i has se(- Florida 32314 ;vls rccf Kc r i Ke iley iF` t at Or ba C �, .. Mrpartm of !r �Y I cer ?'.sy the attached is a true and t.orrect mpy of the Articles :11 !nc c. rpurd!,;wl ct 1' HEALING HEART, INC., a Rorida cotporation, Filed on January 20, 20GG, as show rt the records of this office. t 7hv, number of this co-puration i6 PCrO000008908. e`• aj • a }y a a Given under rr•,y hand and the Great Scam of the Stag of F(ueira at Tallahassee, the CapW, this the - "vventy -s;e enth tier of Jartuary, 42000 • � GAG i =G.:d r'. 99+ "tv.g t"2'C'tvtTJ tt3�i' d r a _ tat. f i cr• VT-v trcnti the record, of this offica treat HEALING HEAM , 1NC. ,s a orc:anized under The laws of the State of F= or;:da. filed on The _ :; _4 fart rumher of tµ.is corporation is POOG0000e 8, f : fuo! -.k r cehify that said cr;rporation has paid all tees disc- &i afri;;e thr- tU h Dcar #�r.�h', r 31, 2000. and i's _;zatus is acEiva. + r -urtt.r ;r i ;.a i;lr that said corporation has Pot filed Articles of D isscrutinn r. • 4 P , C7w G°,iver) Under !'ny ha. tid and t � Great 'Seal of the 'State of Rorida at Tallahasseo- the Capital, tilts the Twenty sevenflh day of Janua.,y, 2 p , C xy V rE2 ° £3trYrT r:r xtft' FD H5893666 ftnst")Apr ? Kellie": 1 005/009 ARTICLES OF USCORPORA TION OF 00 JAM 20 aN on..! Tj The name of tii5 corpolvioll KFALING �JEART, INC' ARTICL-r: 11 aQfiATWj.-N This ccjrporauon shall roairntna its exists ncc- fjpoii Foiilg o - 0ms�- of law. I d,sso , ved acv)rd C) a%d Fhall exiit perptwa;iy tl�.ert�ifter unless C T�ls Colporalion, its offl and be Aurholized to vrl/�a.L:z in 1,n1 8,:l Q ' �::.;;t ;5 PC! rnitted send;: tht.:aws of svazm Viorida, ARTYCLE iV CAM Al IN c otporaliori it Wwrlad to We a m0mum of 7 C) ot'�t(wk. 11_ -dwv-e; Mock nnMyed AM be common saocl hav- a pmw% cf0re (f� r,%) Dollm Eras si)mt- The Wann to be paid tbr each sinwe of mock 00 be Bud by Ha AM nf Dinams ARTICLE 'V 1'..-s k:, s Whi lk,btenod isgrnt mid lleghlered oRks Whe Smy rX F Ma M& be �A� J'J'j T98 lksmya EdA, Suge 205 NWA Fodda 31161 UNION A :410 FAI 3016917666 QNSTOIN K Why AR11CLS VI The m•vbw of V.irectoi3 rn-�Y ne hor-,) tisr" to t�):lc by uitr !l- U ,s stockholacry HOWL Thr MpaM6or 6% have no Wa Qm: um (ODwsaw m icy wwt Corporsonrl Aap 1mve one Ellwar hKaH, "Jkl,'CLE V1 I lire, mme- .suit Y.aiL Ance addxss UK W JUnwo Mm C V! -fr. AMALK C Y KE L L E 80 NrPiL:sie Div' Fl, 3x462, Dirw" out hNd Me uY Uw Amt n•ml meohl of we AaWoMvo a M ARTICLE MCA Tho Loin ak PUP. Usce adders of W, 1=61powc; exisuning llitso 01;70 '.'lcorpora is Ps f,.Aows ANOMMAIAR WAS + D, 'ISTOPH! 1 )KE."LLEY 1 1098 1"+ », AW, S AM 20.5 Samn FWda 33M. ,�X PKILE i.X Tht.1 riwemnif or C Wll,, c.�.% Der ;:' tor, W %0T'Q--'-SS VkiHHKhOF, It urdudgrwd .. X ., Inuorpowhin Al RY Q ISOURry, is jj. b I. ',R) b 9 J H U top I I e r r STATE Cif -'FLOPMA C'OUNTY (W 14.1/VM1-DADE BE IT R.EMJE%MEP. M ihim o!-. this day bdW-e M�mry Public duly :1-u11jjr!'Zcd perioviailv spp�!a-%d In Lie S and Count named jb: to u,' c CMRISTOMER P. KELLEY, kriovvn to -T;v 1,� 6� the pdvSo�l dezjchb d es the irrcor€yocdr. r in the fbrego llu-fi4Ae; of I and t.e ack-icm hefbr�- me mat tie WITNESS my hand arjJ zitul m Miami, said Coirniv and Staic. - ,hli day of Ianmiry, 2000. - --fi t` 1 — 1. AR T 0;. Y PUBLI S 7 1,4, cz LQ1 m Large is expi'le's, 17, RC 5 — �T - Bol 11 j CERTIFICATE DESIGNATING RMISTERED AGENT AND At 'CFPTA",NcE of RkGi-;nRF. AG. kNT OF i)Esrc.NATP3,N Ptusu.vit to Ch kpttr 43 091, Porid Stutotes, the following is subrmitcd, 1". "Ath. Said i'ACA. N I f ",, -thfied to do bus'ness um,'cT !mws o"rhe ss FMST. That HEALING YL-1E I State k;t Flo- LA-- wth Its pr.nclpal Office at I t a r. Beac C ounty, Foi id a, has a CYR I S TO F Hr R P, FT J- L E N 3 098 BLi cuvnc 131vu, Suite 2 .05 Aawi, Porida 33161 .iS its ag�n. i:. nccept sorvico, of ifiis Stag. i p ACKNOWLEDCMENT: p- Havi ee riam eo 'ko :acxk. pl, -�rvicfL o f proce s5 Cm the above stated coi p oratiocti . a the r; ma c it-signafed I'l lks Cerd6caic, I hcfeby acI;cPt to act in this capacity, and a gr ee y to cornply wick - 1 - se Acs rcluuvc to keeping oi)er said o!ricc Cf7DkISTOPHER P. KELL ACcw, 3 RECEIPT NO. 1400015529 BUSINESS NAME: HEALING HEART INC, CONTROL NO: LOCATION: 208 NE 3RD ST CLASSIFICATION: EXECUTIVE& ADMINISTRATIVE. DATE ISSUED: 8/20/13 BUSINESS TAX FEE: 92.61 VETERINARIAN'S OFFICE DELINQUENT FEE: TRANSFER FEE: HEALING HEART INC. TOTAL AMOUNT PAID: 92.61 208 NE 3RD ST USINESS TAX RECEIPT ISSUED FORTH PERIOD BOYNTON BEACH FL 33435 August 20, 2013 to September 30, 2014 BUSINESS TAX RECEIPT MUST BE Any changes in name, address, suite, ownership, CONSPICUOUSLY DISPLAYED TO etc. will require a new application. PUBLIC VIEW AT BUSINESS LOCATION 0847746 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE SEQ#L030.32500318 oc"DRIM # 00197349 The VETERINARY ESTABLISHMENT Named below HAS REGISTERED Under the provisions of Chapter 474 FS. Expiration date: DOES NOT EXPIRE 99 W.,e : F41IRRIM F.3 311011-4 340 VA I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY M EDICINE SEQI L12030702033 t ail _ LICENSE NBR 03/07/2 01Z 110311810 VMS114 4..,_ } the VETERINARIAN r Y 9 med below IS LICENSED Jnder the provisions of Ghapte at Expiration date: MAY 31, 2 014 P . , � � �,�`' �,� �, ' ter ,.. :z r KELLER, NANCY ARLENE 180 NEPTUNE DR HYPOLUXO FL 33462 " RICK SCOTT a0vWRmnn KEN LAMSON http : / /www.pbeg -, v.cotn/ papal Asps /propertyDetaillStructuralDeta: Gary R. N i . A S ri p is Public Access p p,u` Is 1 ,: Pro;Aftry Appraiser � , Foie � ou , Owner Name 206 BOYNTON LLC Parcel Control Number: 08;43 206 NE 3RD ST �$\ 1 F t ztF St ructural r Sketch for gUilding I Bui lding 1 .... ., 1 .',i� 1 i 94S %�m� 2, l R > 2160 Subarea n Footage r Bui lding 1 Flo. Cody Description Sq. Footage 1. OFFICES 2160 W } Tc ta1 Square Footage 2160 1 I °" p � � N ti"i ate re l a d h` aFu Extra Feature Description Year Built Units PAVING - ASPHALT 1945 i 0660 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Land Details Land Line # Description Zoning Sq. Footage Acres 1. COMMERCIAL 18722 0.4298 7-JK ----A -01-- j j _ f v �I °� I ,P� i �'� ill f _'�� m � `^ � Ni� rth G .1 H1 4 As 1 0 Ju 1 l t4 u 11,11 C � mf Pit El 0 --ap of lb 1, '6' J1 t Fj;E) v ow V - 1 '13 0 A 12 ip I H Rol I L "I VI o ------- u!�L a pull I W I r5k, art. z WHO NUNN silo Qui It, - j � H51 co w"mmm ------ http://www.pbcgov.com/papa/Asps)Prope PrropertyAp �-raljer y � TM k Location Address 220 W BOYNTON BEACH BLVD unicfpality BOYNTON BEACH Parcel Control Number 08- 43- 45 -28- 10-003 -0060 Subdivision BOYNTON HGTS ADD REV PL IN Official Records Book 23034 Page 448 Sale Date JAN -2009 Legal Description BOYNTON HEIGHTS ADD REVISED PLLTS 6, 7 & 8 /LESS N 10 FT SR 804/ BLK Mail rays Hers WHITE ELK ENTERPRISES LLC 180 NEPTUNE DR HYPOLUXO FL 33462 6020 Sales Date Price OR Book, /page. Sale Type Owner J AN -2009 $300,000 23034 / 0448 WARRANTY DEED WHITE ELK ENTERPRISES LLC SEP -2006 S 10 20884 / 1145 WARRANTY DEED MATTHEWS BARBARA C REV TRUST No Exemption Information Available. Number of Units 0 Total Square Feet 1867 Acres 0.2335 Use Code 1700 - OFFICE ONE Zoning C2 - Neighborhood Commercial (08- BOYNTON STORY BEACH) Tax Year 2013 2012 2011 improvement Value $87,212 $78,201 $82,837 Land Value $116,390 $118,390 $122,052 Total Market Value $205,602 $196,591 $204,889 All values are as of January 1 st each year Tax Year 2013 2012 2011 Assessed Value $205,602 $196,591 $204,889 E xemption Amount SO $0 SO Taxable Value $205,602 $196,591 $204,889 Tax Year 2013 2012 2011 Ad Valorem S4,667 S4,4S9 $4,653 N on Ad Valorem $773 $773 $777 Total tax $5,440 55,232 55,430 f http / / www,pbcgov.com/ papa / Asps /PmpertyDetail/StrucwmiDetail gp " "Clul } X" M ol sk C'v' ` Fe! r:.a t .l; tali A6 ,4.a e. 4 r. 't - . App Aa j r , , ft' "v ,, �',"� 4cxn a ,.e.j ° Owner Name; WHfTE ELK ENTERPRISES LLC Parcel Control Number: 08- 43- 45- 28 -10- 003 -0060 Location Address: 220 W BOYNTON BEACH BLVD Bu Structural Element for Sketch for Build - 31 1, YEAR BUILT 1957 13 FR TO 2. OFFI 1867 Subarea and Sq. 33 Footage for Building 1. N o, Bode Description Sq. Footage 1 1 1. SFR TO OFFICE 1867 " Total Square footage 1867 Extra Feature ascription Year B uilt Units PAVING - ASPHALT 1957 3292 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. La nd Details Laird Lime Description Zoning Front Depth Sq. Footage Acres 1. COMMERCIAL 70.14 145.00 10171 0.2335 http://www.pbcgov.conVpapa/Asps/PropertyDeuwropfftyDctaii,a; Q n - &rtT "? Location Address 226 W BOYNTON BEACH BLVD Municipality BOYNTON BEACH Parcel Control Number 08- 43- 45- 28 -10- 003 -0011 Subdivision BOYNTON HGTS ADD REV PL IN Official Records Book 19415 Pag4e 120 Sale Date OCT -2005 Legal Description BOYNTON HEIGHTS ADD - REVISED PLLTS 1 TO 5 INC /LESS S 15 FT OF LTS 1, 2, 5 15 FT OF X111 /2 OF LT 3 &N 10 FT OF LTS 1 TO 5 1 1ng address Hers 180 NEPTUNE DR WHITE ELK ENTERPRISES LLC LAKE WORTH FL 33462 6020 Sales Date Price. OR Book /Page ,Sale Type Owner OCT -2005 $500,000 19415/0120 WARRANTY DEED WHITE ELK ENTERPRISES LLC No Exemption Information Avallable. t Number of Units 1 *Total Square feet 1386 Acres 0.3676 Use Code 0101 -SINGLE FAMILY -COMM Zoning C2 - Neighborhood Commercial ZONING 08- BOYNTON BEACH) Tax Year 2013 2012 2011 improvement Value 532,502 $29,577 $29,577 Land Value $186,403 $186,403 $192,168 Total Market Value $218,905 $215,980 $221,745 All values are as of January 1 st each year Tax Year 2013 2012 2011 Assessed Value $218,905 S215,980 $221,745 Exemption Amount So SO SO Taxable Value $218,905 $215,980 $221,745 Tax Year 2013 2012 2011 Ad Valorem S4,969 $4,899 55,036 ' i Non Ad Valorem $262 $262 $262 Total tax $5,231 S5,161 55,298 http://www.pbcgov.com/papa/Asps/PropartyDeWYStructuralDetai' t. M , r % t . e se a P A E r l er Owner Name: WHITE ELK ENTERPRISES LLC Parcel Control Number 08- 43- 45 -28 -10 -003 -0011 Location Address: 226 W BOYNTON BEACH BLVD Building Structural Element for Sketch for Building I 1. Exterlor Wall 1 C8 STUCCO 2. Year Bradt 1955 36 Air Condition, HTG & AC Desc. _ 24 2 4. Heat Type FORCED AIR DUCT 5, Heat Fuel ELECTRIC 6e Bed Roars 2 is is 7. Full Baths 1 vp 8" Half Baths 0 At" fi; g. Exterior alt 2 N/A " I, , 10- Roof Structure GAHLL /HIP � � „ w il 1 1. Roof Cover ASPH/COMP. SHG. 12" Interior Wall 1 PLASTER 1. Interior tall 2 N/A 14, Floor Type 1 TERRAZZO MONO. Is. Floor Type 2 N/A 16_ Stories 1 Subarea and Sq. Footage for Building I No. Code Description Sq. Footage 1. OAS BASE AR 826 2® UOP UNFINISHED OPEN 158 PO RCH 3, FGR FINISHED GARAGE 242 4. UEP UNFINISHED ENC'L, 160 PORCH Total Square Footage a 1386 E j Total Area Under Air, 826 Extra Feature Description Year Built Units No Extra Feature Available ' Land Details Land Line # Description Zoning Front Depth Sol. Footage Acres 1. COMMERCIAL 133.45 120.00 16014 0.3676 t' i�� s ri "S F 7 # 1 � r i ' '� .E t qlt - x� ` t i Y� i' a � fir � c i cm f u��u7 OW p } i r� e t t� ,t i t n t I i LI Nancy Keller DVM Healing Heart 208 NE 3 rd Street Boynton Beach, FL 33435 561- 740 -1313 72 -76 FSU, pre vet program, bac science (biology and chem.) 76 — 77 intership for med technology program at Mt Sinai 77 to 79 microbiologist (med tech) at Cedars of Lebian 79 to 83 Microbiolo (med tech /assist super) at Besthesa hospital in Boynton Beach 84 to 88 DVM,U of F (cumla) 88 to 95 Vet at Simmons 96 to 98 Baker Vet Clinic 99 to present Healing Heart, owner business, house calls and rented space, opened HH in 2001. Certified in the following various holistic medicines: Chiropractic, NAET, Homeopathy, Acupuncture, List of jobs to be created and filled including job descriptions, pay range and weekly schedule. r existing businesses, provide list of all current positions including job descriptions, l . Existing i Current Positions range Dr. Nancy Keller DVIVI - I ary) Full Time Bridget Keller, I Joan Stark, Client Care Coordinator t Time Patty llomaki, - r 10-20 hours Christine i l $15/hr 28 hours Mary Ann. Client Specialist hours Healing Weekly Schedule Current Hours: Monday - (Appointments Friday i New Facility List of jobs to be created New Associate t - l i i i) Office - full ti Receptionist Position - full time - t Receptionist iti - full time - -flll r Vet Tech - full time $12-$20/hr Vet Tech - Ili me $12-$20/hr Vet Tech - part time -$20/hr Client Care Coordinator - part time $12-$1 r Client i r- part time $12-$18/hr Sales Manager - Food, Supplies l r E t E r - 1- Schedule Weekly Monday-Saturday Barn - 6pm it ) r , I)� BOYNTO CRA A : September 9, 2014 X I Consent Agenda I I Old B usiness I I New Business I I Legal ter SUB Approval of Commercial Interior Build -Out Assistance Program Grant to Healing Heart, Inc. SUMMARY: The Commercial Interior Build -Out Assistance Grant provides eligible (new or existing) businesses with assistance for the initial costs associated with the construction, repair, and /or rehabilitation of building interior improvements. The grant is in accordance with the CRA Community Redevelopment Plan, Improvements must be permanent and stay with the building. This is new construction so the applicant is eligible for all interior build -out items. The applicant meets the eligibility requirements under program guidelines and is considered a Tier 1 business (as outlined in the grant application). If approved, the applicant is entitled to a maximum of $22,500 in matching, reimbursable funds based on maintaining two (2) full time employees over a one year period. The Interior Build -Out Grant is reimbursable on a quarterly basis. If the applicant does not meet all of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for that quarter. FISCAL ACT: Project Fund Line Item 02- 58400- 4401444 CRA PLAN, PROGRAM OR PROJECT 2008 CRA Economic Development Plan RECOMMENDATIONS: Approve the Commercial Interior Build - Out Assistance Program Grant to Healing Heart, Inc. not to exceed $22,500.00. Michael Simon Assistant Director RECEIVED BOYNTO k (f ' 014 =BE RA BOYNTON BEACH CRA October 1, 2073 — September 30, 2014 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Rules and Requirements SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It Is responsibility the li t to READ AND UNDERSTAND all t Rules/Requirements li . All proposed exterior i v i t be approved by the CRA Board. The GRA Board may make recommendations r exterior improvements the CRA Design Guidelines. The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce the initial costs associated the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements must be permanent and stay with the building. The CRA reserves the right to approve or deny any Commercial Interior Build -Out Assistance Program application and to discontinue payments at any time if, in its sole and absolute discretion, it determines that the business will no( advance the goals and objectives established for the economic development of the CRA District. 1. - EE2SLram The Commercial Interior Build -Out Assistance Program offers financial assistance in the form of a reimbursable, matching (50 %) grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Items eligible for funding under the program are limited to: I nterior walls a interior plumbing Interior electrical system including lighting ® HVAC system Flooring o food & fire suppression system Page 4 of 12 710 ftrih Federal Hi , Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561- 737 -3258 -catch ton.corn The Commercial Interior Build -Cut Assistance Program funding may be budgeted annually by the CRA Board and awarded on a first - come, first -serve basis. All applications are subject to CRA Board approval, Making application to the program is NOT a guarantee of funding. Il _ Elligibilitir Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: I . Employ a minimum of two (2) full time employees. For the purposes of this grant, a fall time a uivalent em to ee is defined as workin g a minimum of thirty-five (35) hours � _week at the prevailing Federal minimum wage_ 2. Must be located within the CRA District (see attached map) - 3. Must provide proof that the business is properly licensed by all nece levels of government and professional associations or agencies. (Copies of City & County licenses or receipts that the licenses have been applied for.) 4. A new business is defined as a company in operation for less than six months or relocating to Boynton Beach. 5. An existing business is defined as being in operation for a minimum of three years at the time of application. 8. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 7. The Applicant's Experian consumer report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the Applicant upon request. 8. Applicant must own the building it plans to operate within or it must have a proposed or executed multi-year lease (two year minimum). I ll. 1nq11Q&Le Businesses The following businesses are considered ineligible for assistance under the Commercial Interior Build -Out Assistance Program. 0 Firearm Sales a Convenience Stores Religious Affiliated Retail Stores Churches Nora (Profits Taftoo Shops/Body Passing /Body Art Shops . Financial Service (banking & check casNng stores) Take-Out Foods Adult Entaftinment U Liquor Stares _0� 1 1ftlol Page 2 of 12 716 Rlorth Fedeml FIghway, Boynton Beach. FL 33435 Phone 561- 787 -3256 Fax 561- 787 -3256 WWWGs ton I. Grant Terms and Conditions This grant is divided into three tiers_ Each tier consists of different types of businesses that are eligible and the amount of funding available to the business. A minimum of two full time employees is required regardless aaf which tier a business falls into. Tier One Businesses Tier One Businesses are eligible for the maximum amount of grant funding which is $22,500. The funding is based on yob creation. Each full -time equivalent job created is worth $7,500.00. Three full time employees are required in order to receive the maximum amount of the grant; $22,500. Tier One Businesses must be one of the following types of businesses: Restaurant Gourmet Food Market Bakery Clothing Boutique - clothing, shoes $ accessories Home D6cor /Design - home furnishings, art galleries, kitchen wares Specialty Businesses - stationery, gifts, sporting goods, pei*sonai care - Pilateslyoga studios, fitness centers and salons Tier two Businesses Tier Two Businesses are eligible for a maximum amount of $7,500. The funding is based on job creation. Each full-time equivalent job created is worth $3,750.00. Two full time employees are required in order to receive the maximum amount of the grant; $7,500. Tier Two Businesses must be one of the following hypes of businesses: 0 Medical Offices Law Offices Real Estate Offices Insurance Offices Accounting Offices Marketing Offices Tier Three Businesses Tier Three Businesses are eligible for a maximum amount of $5,000. The funding is based on yob creation. Each full -time equivalent job created is worth $2,500.00. Two full time employees are required in order to receive the maximum amount of the grant; $5,000. Tier Three Businesses may consist of any other eligible business not listed in Tier One or Tier Two listed above. Inttir Page 3 of 12 710 forth Federal Hig". Boynton Beach, FL 33435 Phone 561- 737 -3250 Fax 561- 737 -3258 -- www.catehbovnton.wrn Lease Terms If the applicant is a tenant, it must have a proposed or executed multi -year tease (two year minimum). The commercial lease must define the landlord- tenant relationship and at minimum provide the following information: description of the space tieing rented including square footage and a drawing of the space. Description of utilities that are the tenant's responsNlity. Rental rate and deposits along with terms of lease and methodology for future rent increases, Responsible party for interior and exterior repairs andlor improvements. 3 Insurance requirements. Ability to terminate, Consequences of default on the lease. V. Procedures for Application and ARRroval Application Process All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 11, A nonrefundable tee of $100.00 is required to obtain a consumer report on the business and principal /owners of the business_ Make check payable to: Boynton Beach CRA 2. �,/ Completed and signed application. 3. /Completed and signed Authorization to Perform Credit Check for the business and each principallowner of the business (forms attached to the application — multiple forms may be needed for principaUowners of the business). 4. Specific list breaking down the use of the funds and providing the total cost of the project. b. V opy of building permit receipt. S- v g Form (attached to grant application'). 7. )Resume for each principal/owner of the business. Copy of the corporate documents for the applying bossiness entity. g. 'v py of executed multi -year commercial lease agreemer 10 o (2) years of corporate tax returns ft existing businesses e2 ly ) 11. °�. °wo (2) gears of personal tax returns for 1-he principallownars of a new bossiness. 12. , If an existing business, located within the CRA District, is expanding w1thio1 the CRA District, it roust expand to occupy more than fifty perceng (50%) of its currren$ square footage size. Verimlcation of this threshold must be provided. Floor playas outlining square footage of each location are accepta In Wals Page 4 at 12 710 North Federal Kghway. Boynton Beach. FL 33435 Phone 561 - 737 - 325$ I`ax 561 - 737 - 3258 t bo tort. 13. �opy of design and construction puns associated with the proposed o provements. 14. st of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. M /A minimum of four (4) color digital "before" photos of the project. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Bo ard meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial in writing. Site Visits CRA staff will conduct a site visit prior to the submittal of the grant application to the CRA Board and once the business is ready to open for operation. Staff may also conduct unannounced site visits periodically In order to ensure compliance with the terms of the grant agreement. VI. Procedures for Reimbursement Initial Expense Reimbursement This program is designed as a matching (50 %) grant which is reimbursed on a quarterly basis. That is, all work must be completed and paid for by the applicant, prior to the C RA funds being released. The CRA will provide quarterly reimbursements to the applicant upon submittal of a complete reimbursement request package. Grant funding will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request. The proowner . _or tenant if applicable, must complete the interior improvement proiect, obtain a Certificate of Occupancy [CO] from the City of B ynton Beach and submit for relmbUMm2nt _w in Lone hundred tw _ ['120] days. of the 11rant award. Failure to compl the impr menu wNhIn specified timeframe will result in the property owner or tenant, If ARR&cable,losling th _ grant reimbursement opm rtun . Only one nin ____ t9) day administrative extension will be Pe Initial Reimbursement Documentation Once the work is completed the Initial Reimbursement RecLu est shall be summarized in a report and accompanied by the following documentation: S Page 5 of 12 710 Ncdh Fad anal Highway, 94 Beach, FL 33435 Phone 561 -737 -3256 Fax 561.737 -3258 s t as €n 7. Project accounting: Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been m arked "paid in full ". Proposals for "work to be completed" or "bids" are not considered proper documentation_ o Each item will be su000ried by a cancelled check showing the face of the check as well as the back of the cancelled check. 2. A "release of lien" signed by each licensed contractor(s). 3. Copy of City and County business licenses. 4. Applicant shall provide color digital "during" and "after` photos of the project. Photos should be from approximately the same position as the "before" photos submitted in the application 5. For W -2 eligible employees, Florida Department of Revenue Employers Quarterly Report RT -6 for each consecutive quarter must be submitted. For sole proprietorships, partnerships, S- corporations and 9099 -MISC eligible employees, copies of all cancelled salary checks or proof of direct deposits for each full timelfull time equivalent employee for each month within that specific quarter. By submitting for reimbursement, the applicant warrants that all bills related to the project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits. Quarterly [reimbursement Requests By accepting the grant, the applicant agrees to comply with the quarterly reporting requirement of providing the CRA with roof of employee wage reporting for three (3) consecutive quarters. Each report shall be made within ten (10) days of the start of the next applicable quarter beginning on January 9, April 1, July 9, and October 9 following the Initial Reimbursement Reques$. If lI t does not subrn1t reimbursement i ri � l i C It t r I i nt forfeits r' This is to verify that the required job positions are r rly fulfilled and maintained. In order to receive quartedy fund ing r the Initial i e t Reques gran app licant must submit a written request for that r' reimbursement payrnent along ith. irddla Pne 6 of 1 2 710 Nooth Feckwal Highway, Soya , FE 3U35 Phan 561-737-3256 Fax 1 -737 -3 www.ca lchbovnion, com For W -2 eligible employees, Florida Department of Revenue Employers Quarterly Report ii{ T -G} for each consecutive quarter must be submitted. Or For sole proprietorships, partnerships, S- corporations and 1499 -MISC eligible employees; copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the grant application has been approved by the CRA. Any work completed p i r to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be use6 one time in any five year period for anyone specific commercial unit or business entity. Grantees shall allow the CRA the rights and use of photos and project application materials. Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue interior build -out reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION I S It is i ill applicant to t Grant Program's I it ements and Application. W -I nNa ls Pwe 7 of 12 710 Modh Federal Highway, n Beach, FL 33435 Phone 561-737-3256 Fax 561-737 .r�t�io atare. r� BOY (� RA. October 1, 2U12 — September 30, 2013 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) BU SINESS INFORMATION: Business Name ( 1 IA if applicable): Healing Heart Current Business Address: 208 NE 3rd Street, Boynton Beach, FL 33435 65- 0986794 Fed I D# 56 740 - 1313 561 - 740 - 0819 Phone: Fax: 111lebsite: not applicable Existing Business: Yes No dumber of years in existence :l1 years X New Business to Boynton Beach: Yes No Time at Current Location: 11 years X Do you have an executed lease agreement: Yes_ No If so, monthly rent: $1028.2D New Business Address (must be within C A District ) West Boynton Beach Blvd., B oynton Beach, FL Square footage of existing location 800 sq ft Square footage of new location 2000 sq ft ...... .......................n. Holistic Care for Animal Friends Type of Business: 9 Monday - Thursday 8am - 6pm Number of Employees _ Hours of Operation: _.. initials Page 8of12 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 v,buyntonbeachcra.com IBO- FY2012 -2013 PRINCIPAL/OWNER INFORMATION: (If more than 4 Drincfr)alslowners additional sheets may be used.) 1. Principal/Owner Name: a r) Date of Birth: 0 q1 <I! ��111%10&`horse A 1 1, C) 2. Prindpal/Owner Name: Date of Birth Current Address: mail: Phone 3, Principal/Owner Name: Date of Birth: Current Address'. Email'. — Phone #: 4. Principal/ Owner Name Date of Birth: Current Address Email: Phone LANDLORD INFORMATION: Landlord Name: 0 5 Landlord's Mailing Address: L ��_��Jd 4hV- ' k) V� kl'-P V7Q1 i Jk 13�(a2 Gn lord Phone #: - 51 Q I - -- I o q1 I Are you applying for grant assistance under any oftr program off ered by the CRA (Tier One Businesses only): V / Yes No If yes, what additional programs are you applying for: � elx _n UFA4- ") j Are you receiving grant assistance from any other governmental agencies: Yes_ No ]f yes, list any addifionel gmnt sources and amounts: 1, the undemigned, applicant(s) certify that all information presenlea in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial inWor Build-Out Assistance Program, and it is true and complete to the best of the applioanXs) knowledge and belief Paw 9 012 710 NoM Federal Highway, Boynton Beach, FL &U35 Phone 561-737-3256 Fax 561-737-3268 ±"_ --c-a_tqhb&ntgn=n The applicant(s) further cerldies that helshe is aware of the fact that the /she can be penafted by fine and /or impdsonment for making false statements or presenting false information. I further acknowledge ftt I have read and understand the terms and conditions, set forth and described in the Boynton Beach Community Redevelopment Agency Commercial interior Build -Out Assistance Pram Rules and Requirements. ! understand that this application is not a guarantee of grant assistance. Should my application be approved, I' understand that the CRA may at its sole discretion discontinue subsidy peyments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no lcngar benefiting the furtherance of the CRA mission. l hereby wive my rights cinder the privacy and confidentiality provision act, and give my consent to the BoynIon Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. t further grant permission, and authorize any bank, ernployar or other public or private agency to disclose information deemed necessary to complete this application. E give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it Will not be processed. APPLICATION SUBMISSION OF AN It is responsibility of the li t to READ AND UNDERSTAND all aspects of the r t Program's it t li ti . rinci if is i C t r ate Printed Title Principal/Owner's Signature Date Printed Name Title Principal/Ownet's Signature a rin W Name Title .n ipl/ er's Signature Date ri itl Page 10 of 12 710 Norlh Federal HWhway, on ReacK FL 33435 Phom 361- 737 -3256 Fax 561- 737 -3258 MMw.caWLbo to ff eta Notary as to Principal/Owner's Signatures. Multip.le notary pages may be used if signing individually. STATE OF p aA III COUNTY OF BEFORE ME, an officer duly authorizedby law to administer oaths and take adcnowledgements, personally appeared V2 ra who islare personally known to me or produced QL1 r-( i f . V'ro t )� 36 as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed- IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this AV day of UL, , 20-i�-- ' 0119088d% - �AR P Expires September 23, 20 ° N My S: Page 11 of 12 710 North Federar High y, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 aQhhMM1p�n-(;a SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsiblifty of the applicant to READ AND UNDERSTAND all aspeds of the Grant Program's Rules/Requirements and Application. Lan for Signature Date Printed Name Title Landlord's Signature Date Printed Name Title STATE OF VAMA COUNTY BEFORE ME, an officer duly auftrized by law to administer oaths and take acknovAedgements, personally appeared N (A. V1 C (UA/ r h o s s/are personally known to me or produced identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is Ns/her act and deed. IN WITNESS OF THE FOREGOING, l have set my hand and official seal in the State and County aforesaid on this -J$ ..... day of 'gUeto 204. . ew) • _ Expires TAOvt,p • T 1 OFF 116 Z , 011 11 1100% Page 12 of 12 710 Narlh Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3268 MmLr�ho fll�on-corn — U LBUILDING PERMIIT APPLICATION FORM 't 5 _ _ t. Approved fnar use th roughout Palm n i . L It PRIMARY PERMIT TEN SUR-P - t unde covered a Primary t coreplete bowst I WA A a BOYNTON BEACH STATE: ZLOR I t . If t Primary Permit, complete the mfr t 58 1-740-1313 FAX IRAM P 40JECT NAME. HEALING GROUNDS STRUCT a E ROOFING . i pChR FIRE OTHER I r PRIMARY PERMIT M. ADDRUS. M WEST BOYMM BEACH BOULEVARD I Type of Woft a New & Addition S Alteration Repair o Demo a Temporary o Ot her VALUE, __. 200 = 0 PERMIT FEE: NET S.F r ® .. sum 14APPUM t m FOR CONTACT I NFORMA71ON SEE BOX 2) OMLAM T. E ns t DBA ( . 4 T E: FLORAIA Do PH Appileation Is hereby made to 1 obta to llti . Indicated, lngelladon has conamenced pri to the Issuance of a pennit and that all work will be performed to meet the Mandards of all lows raliplating construction In s Jurisdiction. I understand that a separate permit must be secured fo ELECFRICAL HEATERS WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, TANKS, and AIR CONDITIONERS, etc OWNEWS AFFIDAVIT i Information Is accurate and that all will WHO l applicaMe laws regulating con struction x s NOTARY REQUIRED IF $ 2,S00 ON MORE OR FOR A LL I IF$ 2,SGOOR MOR OR FORALL OWNER BU ILDERS VALUE STATE OF FLORIDA L F S VALUE T° FL ORIDA COUNTY OF P ALM BEACH COUNTY OF P Swam to (or affirroad) and I d before r affinnettl and subscribed this day of NOVBOR __20 1 1 3 by a pe Wd Tvpeor-qA— most, Troia or S" 1 l Type of We Persona ¢ I a don �� ° ce* gi�r+ 1 # Page 1 of 2 t It1i�t Hill FEE SIMPLE TITLEWLM, BONDING COMPANY, ARCHITECT/ENGINFER AND MORTGAGE LENDER A AGGRIMATE VALUE (MTAL CM OF ALL I T WORK AUTHORIND BY THE INDIVIDUAL PERMM IS $2,SW OR S ALL ITEML Be Fee m Simple Tideholdees Address of v w Ing Compa Some of Applicable Name: IN-SITE IN-SITE DES113N GRDUP LLB Ngafflae Lwd Is Name. Cit MOLLYV400D L zip, z 11 cable l RESULT ICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDW MD POSTED ON THE JOB SM BEFORE THE FINT NOTICE TO CONTRACTOR. SYSTEM REPAIR ), FLORIDA ISSUING PRIOR TO THE FIRST INSPECWN, EITHER A COMFIED COPY OF THE RECORDED (BY OWNER) ATE ERA 7MAT THE NOTICE OF COMMENCEMENT HAS BEEN FILED ALONG WITH A COPY THEREOF. IN THE ABSENCE F A CERTIRED F NOTICE NO SUBSEQUENT INSPECnONS CAN BE PERFORMED UNTIL THE APPUCANT FILES SUCH CERTIFIED T ISSUING AUTHORrrY. THE CERTIFIED Y OF THE NOTICE OF COMMENCEMENT MUST CONTAIN THE NAME AND ADDRESS OF THE THE NAME AND ADDRESS OF T"E CONTRACTOR, AND THE LOCATION OR ADDRESS OF THE PROPERTY BONS IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR M ATTORNEY BEFORE RECORDING YOUR TICS OF .OFFICE USE ONL Y BELOW THIS UNE YLE (CHECK ): FAWLY 13 TOWNHOUSE o CONDMINIUM MULWAMPLY o COMMERCIAL a INDUSTRML USE APPACNW DATE: t Aun#GRIM FOR CMIFICATE Bull&ng offictal or Deskaw Page 2 of This instrument prepared by: Christopher P. Kelley, P.A. 11098 Biscayne Boulevard, Suite 205 Miami, FL 33161 LEASE AGREEMENT Made this day of August, 2014, between WHITE ELK ENTERPRISES, LLC, a Florida limited liability company, whose address 180 Neptune Drive, HyAoluxo,FL 33462, hereinafter called the LESSOR, which term shall include its heirs and assigns, where the context so requires or admits, of the one part, and HEALING HEARTS, INC., a Florida corporation, whose address is 180 Neptune Drive, Hypoluxo, FL 33462 hereinafter call the LESSEE, which term shall include its executors and administrators, wherever the context so requires or admits, of the other part: WITNESS: That the said LESSOR does hereby lease and demise unto the said LESSEE, the premises located at 222 West Boynton Beach Boulevard, Boynton Beach, FL 33435; TO HAVE AND TO HOLD the premises unto the said LESSEE, its executors and administrators, from the later of the 1st day of December, 2014, or when the Certificate of Occupancy is issued, for the term of sixty (60) months, then next ensuing, the said LESSEE yielding and paying to the said LESSOR the rental of ONE HUNDRED TWENTY THOUSAND and N01100 ($120,000.00) Dollars, said rent to be paid in advance, without demand, on the 1st day of each and every month, in the amount of TWO THOUSAND and N0 /100 ($2,000.00) Dollars, plus applicable sale tax, currently 6 -112 %. In addition to the monthly rent, LESSEE shall be responsible to pay for any and all insurance, real estate taxes, assessments, utilities, etc. LANDLORDshall be responsible for buildout ofall interior improvements and maintain roof and structure. Any rent received more than ten (10) days after the due date shall incur a five (5 %) percent late charge, which shall be deemed additional rent. At the end of the initial lease term, the LESSOR agrees to extend this lease for an additional five -year terra at price to be agreed upon. At the time of executing this Lease, LESSEE shall deposit with LESSOR, the sum of ONE THOUSAND and NO 1100 ($1.000.00 ) Dollars as Security Depositfor the full and faithful performance by LESSEE of all terms herein and to maintain the premises in its current condition. Said Security Deposit shall not accrue interest and may be commingled with LESSOR's other funds. THE LESSEE hereby covenants with the LESSOR that it will pay the rent herein reserved at the times and in the manner aforesaid; and will pay all charges for gas, electricity and other illuminant, and for all water used on said premises; and that should said rent or charges for light or water herein provided for at any time remain due and unpaid for the space of ten (10) days after same shall have become due, the said LESSOR may at its sole option consider the said LESSEE a tenant at sufferance and immediately re -enter upon said premises and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collected by distress or otherwise; and will not use or permit the premises to be used for any illegal or improper purposes, nor permit any disturbance, noise or annoyance whatsoever, detrimental to the premises or to the comfort of the other inhabitants of said building or its neighbors; and will not sublet or assign this lease or any part thereof, without the written consent of the LESSOR; and will keep the interior of the premises, and also the windows and doors thereof, and the fixtures therein, and all the interior walls, pipes and other appurtenances in good and substantial repair and clean Page 1 of 3 condition, damage by fire excepted; and will exercise all reasonable care in the use of all halls, stairs, bathrooms, closets, piazzas and other fixtures and parts of said premises used in common with other tenants in said building which may be necessary for the preservation of the property and the comfort of the other tenants; and will also permit the LESSOR or its agents or employees, at all reasonable times, to enter into the premises and view the condition thereof, and make such repairs as may be necessary; and will at the expiration of said term, without demand, quietly and peaceably deliver up the possession of said premises in good state and condition, damage or destruction by fire excepted. LESSEE agrees that it shall not utilize the premises to store any environmentally hazardous material on the premises, including but not limited to chemicals, gas, paints, asbestos, fuel, etc. THE LESSOR hereby covenants with the LESSEE, upon the performance by the LESSEE of the covenants hereinbefore set forth, that the said LESSOR will, during the continuance of said term, keep all the external parts of the premises in good repair; that in case the said buildings and premises, or any part thereof, shalt at any time be destroyed or so damaged by fire as to be unfit for occupation or use, said LESSOR shall have the option to terminate this lease, or to repair and rebuild the said premises, remitting the rents hereby reserved, or a fair and just proportion thereof, according to the damage sustained, until the said premises are reinstated and made fit for occupancy and use; and that the LESSEE may quietly hold and enjoy the premises without any interruption by the LESSOR or any person claiming through or under it; Provided, that on the breach of any of the covenants by the LESSEE herein contained, the LESSOR may re -enter said premises and immediately thereupon the said term shall be determined. And said LESSEE hereby pledges and assigns to the LESSOR all of the furniture, fixtures, goods and chattels of said LESSEE, which are or may be brought or put on said premises, as security for the payment of the rent herein reserved; agrees that the said lien may be enforced by distress, foreclosure or otherwise, at the election of the LESSOR; and said LESSEE hereby waives all right of homestead or exemption in said furniture, fixtures, goods and chattels to which it may be entitled under the constitution and laws of this State; and in case of the failure of the LESSEE to pay the rent herein reserved when the same shall become due, and the same is collected by suit or through an attorney, the LESSEE agrees to pay the LESSOR its reasonable attorney's fee, together with all costs and charges thereof. LESSEE may sublet a portion of the premises upon written consent of LESSOR which shall not be unreasonably withheld. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day of August, 2014. Executed i he presence of: WHITE L ENTERPRISES, LLB, Witness a Florida limited i ili company - P ` name BY: President Hess ii Print narnt Page 2 of 3 LESSEE HEAL ING itne s ,r INC., a Florida corporaticiii Pri t, name BY: f es i'` s � �t a Nancy Keller President Print name STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared NANCY KELLER, as Presiden of WHITE ELK ENTERPRISES, LLC, a Florida limited liability company, who produced ))a let, G-C¢ as identification, to me known to be the person described in and who executed the foregoing instrument, and she acknowledge before me that she executed the same under authority vested in her by said corporation. WITNESS my hand official seal in the county and state last aforesaid, this a� day of ..2014. NOTARY BLIC, State of FLORIDA at Large My Commission Expires: STATE OF FLORIDA COUNTY OF k2k c } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared NANCY KELLER, as P residen t of HEALING HEART 114.0, a Florida corporation, who produced as identification, to me known to be the person described in and who executed the foregoing instrument, and she acknowledge before me that she executed the same under authority vested in her by said corporation. W T NESS my hand official seal in the county and state last aforesaid, this day of _ 2014. NO TARY PUBLIC, State of FLO I A at Large My Commission Expires: Vt ®� ` A °' � ° Page 3 of 3 M. Ex 23,2017' . FF 5 UBQ e ... OF fr�r F 1 11 1 \����� Detail by Ep_tity Name Page 1 of 2 _ a Detail y Emit Name Florida Profit Cor oration H EALING HEART, INC. Filia� In ®orcraati ®n Document Flamer P0000090 IFEUMN Number 650986794 D ate Filed 01/20/2000 Late FL Sta tus ACTIVE Principal Address 208 NE 3RD STREET BOYNTON BEACH, FL 33435 Changed: 03/11/2009 ailinM Address 180 NEPTUNE DR HYPOLUX , FL 33462 Changed: 03119/2008 eqistered Accent Name & Address KELL R, BRUCE A 2375 NE 195TH STREET NORTH MIAMI BEACH, FL 33180 Dame Changed: 03/19/2008 Address Changed: 03/19/2008 Officer /Director Detail Name & Address Title PTSD KELLE , NANCY 180 NEPTUNE DR HYLUXO, FL 33462 Annual Rep ®rts Report Year Filed Date 2012 03121/2012 2013 03/06/2013 2014 02/19/2014 Document Image http: // search. sunbiz. org / Inquiry/ CorporationSearch /SearchResultDetail/EntityName /damp -... 3/11/2014 Detail by Entity Name Page 2 of 2 I Q2/19/2 ° ANNUAL REPORT[ View image in P --- --------- -- ---------------- -------- - - ---- 03/0612013 -- ANNUAL REPORT View irnage in PDF MrIat ......... . . . ................................................. ....................................... 03/21/2012 --- ANNUAL REP,U2r�j View image in PDF view image in PDF fo 021101201 0 —ANNUAL. 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RRT View image in PE form at____ 00 D o mesbc P�'ofit F_ View image in PDF format _. . . - - 11201200 copyrigh � and Prwvacv Polies State of Florida, Department of State http //search. sunbiz. org / Inquiry /CorporationSearch/S earchResultDetail/EntityN ame/domp-... 3/11/2014 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P00000008908 Feb 19, 2014 Entity Name: HEALING HEART, INC. Secretary of State CC8117343887 Current Principal Place of Business: 208 WE 3RD STREET BOYNTON BEACH, FL 33435 Current Mailing Address 180 NEPTUNE DR HYPOLUXO, FL 33462 US FEI Number: 65-0986794 Certificate of Status Desired: No Name and Address of Current Registered Agent: KELLER, BRUCE A 2375 WE 195TH STREET NORTH MIAMI BEACH, FL 33180 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date is r/D irector Detall Title PTSD Name KELLER, NANCY Address 180 NEPTUNE DR City-State-Zip: HYPOLUXO FL 33462 1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect 63 r1 made under oath; that I am an officar or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all otherAke empowered. SIGNATURE: NANCY KELLER PTSD 02/19/2014 Electronic SignaiLlre of &gning Officerf Director Detail Date 0 10'.00 in' . i'0 1:11 n3ovdl'}9D r. ije, Cf Uy�'3v'J 4 0 Fi. $ OF STA m at CHRISTOPHCR P. KELLEY FS M IA MI, F-L 3::'1431 Too Aniclec, of Incorporation L' , were filea t r Jwr`u r' 20. 2000 and _ c nu mbe r POUDGOOC8908. Pli.:;ase r . r to th nur!r r ',th r? y r coresponding w ith th is o1fice regard the ov e cor porat ion. The cert i6catto -i - reque sted is enc los e e d. OL S. N T E: COMPLIANCE WITH THE FOLLOWING PROCEDURES I E3 r� N MAIN TAINING IL L7 S MAY RESUL IN DISSO . T I N. CORPOR ATION ANNUAL REPORTAiNIFORNI BUSINESS RSPORT MU Si BE FILED ' iT F-i H IS J i AND K %Y I OF EACH Y EAR BE GIN NING i THE CALENDAR YEAR FOLLOW THE YEAR OFTHE FILI DATE NOITED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANINUAL AEPORTIUNI FORM BUSINESS REPORT ON TIME MAY RESULT IN A FEDERAL EMPLOYER IDENTIFICATION fl NUMBER MUST BE SHOWN ON i Hiz- L 1 I I FO RM ! . t a N WITH I T ; IN r RECE I N I I +d F ILE THE i L t ?r® BU SINEiS REPORT AT 1 t3 AND REQUEST FORM SHO ULD I CHANCE, Y Tl 7' I. FF :C • IN WRI II - ING, TO INSURE IMPORTANT MAK11 C A,NIAIUAL PEPORT/UNIFORM BUSINESS REPORT NOTICES 11SACH You. S nould yuu questio rega rding corporati p leatie uuntact this ofuce at . _ addrns given be low. Pame ll, Dmwment Specialist Fifings Seeflon Letter N 70OA00003 ;..igi of oro c r, -TaBahasset Flori I S _ p d at e or I car *. ty the alt is a true and correct ropy M the ct HEAL HEART, INC., a Florida corporation, filed on January 20, 20G0, as show, the recoms of this office. YhE, number er of this corpoi atiol7 iL; P000000039Ct5. V8 Given under pray hand and ti;r Great Seal of the State of f=lursda, at Tallahassee, the Cap'W. this the iW ft dw'j/ afJd!Wary, C oco pppp ,¢ Vri:::Ci.;2 '. 9Ri Q i`t°C°tZCE'jT �'b� �t°itY U01. -A IRL. "':"9 F-U MWJ'1566 Christopher Kefl , !: ARTICLES OFUMCORPORATION F C OF Q JAM 24^.' AN 9- The name of this com shall ke. MALING HEART, INC, ® If P-CUL&M-0—N T Mis wrpontion shall commence its existeme upon die roftig or Oese Anicics of a Ic-coiporalion. and shall exist perpewgliy there-Ifter ulgess soene cl-aso' ved accordin co I6, w. TIC E' III EUMMITW T ss `n anion, Thiough its offiwnt ind employees there be. Auchorix&i to engq:z in and activity oz t+. 'tied under tht'Aws oft r State of Moridis. ARTICLE IV CAP-1 SIQCA is awhcrizW to ism► ? .- mvinvin of 7 500-%"; Aeres of stock. 'n-.t shares & ;ioc* - . i , . X.wetized s. W! Im comnion stod 9 - havIr a par value of Ore (71, D Dollar pet sh.me The co Xw C.' be sid for each shure of sack shall bz fted br thi Board of 1), r4 s. ARTICLE V :term an Regislered 0..U. in th'd be Q [yTEk CHRISTOMMU ? KELLEN IT99 bism)ne Blvd, 'Skme 205 Miami, Porida 331,51 FAA hjma llurksWhu -P&TICLE V1 T The Awlsbar or r-prectops tm;y be aluner." fi-ori tipre to fivic by the fly Lr.%.-s who i,•. ti., atockhoiZers. H41%ve.ver, IN caarplralkfc. shout havc fi- l lhar cone (1) Dmicu)r az iiDy tmnt. The corPoraz -+aD have wx Dimor iulJalh MUXLE VII Fhe mme ar you office jjd;- 's c,-7tlj! fi J)j q p -ar avi 1 W VIA: KELLER 180 l4epiume Dri flvpcluxo, FL 31464 The & at Viremr(s) :W Wd off ke umd Ow first R-ijai mee.!i%7, oftne ot - !),e ARTICLE V-2i LN C Q,&P_ g_R A 3. [g..®, , � a TV�- xamc and pu�t urice address of the mccofing ihtvL Axu.-Je% "Mcorpor.w. :m is as f.Aowg MICLtAtip-LA-Up. A ("PIRISTOMM P. KELLEY I INS kiv; Wvd.. � A V5 Nifam, Flvida 33161 A.RXIGLE _TX ! m E - I � ..� MMAILCL The wtporatioa shah me..errnif,' an- Officer or Dirimoa or ariyv fheine,- Olftker;a Divretor, to - fuP wcA: pe?.Ancd by law. It! WMIlL." WHWUM. dx wldersigntu" Inw-pirator has exrztx:d Oltsc et .40 M1 - im AT, U STATE Ok: FLORIDA C UNTY ('JPMI/UW-DADE SE IT RENOVEMBERM troy on this dkv before. me., a z:,t PUbliC dUly UUtl90fiZC%i in the St-ica anti County named ab:hxoe to itake ac- rSO4406- zppeartd CHRISTOMER P. KILLEY. PersOM-311Y is u':' W 'fie to bt the mrson descrfbed as the hicorpuiaicw in the forego' 0- and Le ackiiaw} edged before. me mar he wxecuted said Articles of I WITNESS my hand atid officlal svil at Miami, sail County and State. -.Wi day of ]&-oary, 2000, 17 4-Y r L 13 L I C ?viy wtrimisvon expires! BUC, St cI&FLOPIDA Ea Large qC 9C. gtrA A*$ rs Com- Nip CER11FICATE DESIGNATING REGISTERED AGENT AND A CCEPTANCE OF REGISTERED AGJK,'qT OF DESIG PLusu-tat to Cha 43 091, Florida Statifft, the follovAng is subprahted, in compitance with said Act. FIKST. That HEALING HEART, INC., is qualified to do businen upaer dir. laws orh.- State of wtth its principal offi a t F-L314 a Beac; County. Fletida, hg�. appointed: Pair CMSTOPMER P. VXUEY - 11098 Bisck-me Bive;-. suite - .Warni, Porida 33161 .0% its U&rn' I'* ACCept Ser`ViC4 Of PrOCC-55 'A"Aitj this SM10- ACKNOWLEDGMENT; Has,iag is narnea t(I ° =pt smice of process for the above stated corporation, at file pjaze de-signared to this Cettificette, I heteb acem-pt to act in this capacity, an yw , 0 agree tu coeripi ith tEtc mrov Sion$ of iaid Act relauvc to kwtpiag open said offive C us. Registered Agein 3 City of Boynton Beach BUSINESS TAX RECEIPT I= BUSINESS NAME: HEALING HEART INC. LOCATION. 208 NE 3RD ST CLASSIFICATION' VETERINARIAN* - PER PRC)TESS NXINS"Masm Any changes in name, address, suite, ownership, etc. will require a new application. , ri iif -- . ate— - — City of Boynton Beach BUSINESS TAX RECEIPT 410 It-sm-raxim" RECEIPT NO: 1400015529 rnKlT0nl Kjr%w LOCATION: 208 NE 3RD ST CLASSIFICATION: EXECUTIVE& ADMINISTRATIV DATE ISSUED: 8120013 BUSINESS TAX FEE: 92.61 VETERINARIAN'S OFFICE DELINQUENT FEE: TRANSFER FEE: HEALING HEART INC. NT PAID: 92-151�:::] 208 NE 3RD ST "ilbSINESS TAX RECEIPT ISSUED F O R T HE PERIOD BOYNTON BEACH FL 33435 August 20 2013 to September 30 2014 BUSINESS TAX RECEIPT MUST BE Any changes in name, address, suite. ownership. CONSPICUOUSLY DISPLAYED TO etc. will require a new application. PUBLIC VIEW AT BUSINESS LOCATION 0847746 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF VETERINARY MEDICINE SEQ#L03032500318 c » +....J -14WIflKo-jr-Anz: �Jww k I plo HEALING HEART INC. KELER, NANCY ARLENE 2 » } ^ \ \ \ . 3RD STREET BOY `O BEACH FL 33435 4 , I . .. F410104 :4WIN Apt OnLy a& i r RICK SCOTT nov.RR n KEN tiDA DE PARTMENT USI. SS PROFESSIONAL REGULATI B OARD VETERINARY MEDICI - SEQ# L12030702033 03 7/2U12 110311.. 1D: 5114 ; =� a Under the r ions o C a ter - -41 Expiration ate : MAY 31, 2014 5 1 KLLR, NANCY ARLENE - 180 NEPTUNE DR YPOLUXO FL 334 P . RICK SCOTT nov.RR n KEN http://www.pbcgov.com/papa/Asps/PropertyDetail/StructuralDetai Gary R Malfts, CFA Propel Ap Iset's Public Access E= Property Aopralser Pahl Beach CourIty Owner Narne 206 BOYNTON LLC Parcel Contral r NUMI'Iber, ; 43:4UA-03-002-0080 Lo cwoon Addet 206 NE 3RD ST 4:� r_2 StrUctural Element for Sketch for Building I Building 1 1. YEAR BUILT 1 945 2. OFFICES 2160 Subarea and Sq. Footage for Building I No. Code Description Sq. Footage I OFFICES 2150 Total Square Footage 2150 st n h Extra Feature Descripton Year Built Units PAVING- ASPHALT 1945 10660 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Land Details Land Line # Desmption Zoning Sq. Footage Acres I COMMERCIAL 18722 0.4298 r ra I i r ' f 1 v w u y I � z � LO —== II u] 2 2 n p oil Fi t ill f .1 M1 III /f I p 1 0 k5 k a Its I L gillip �i i C � 8 e I _ I a [ S 11 d I I Z I a a n R It a �� � i � � t 1 �� 1 6 s � g y N oil iC a , a 1 y 09 ' -�•_ J f " n o. W dW3 uG xx�.m d$ d ea _ �— ,mm. w .. i F s x uj CL l o l l �sl��s Ry S a a �1� K till = 3AN3J Td13ri f I WIS N ON) ! D MO 8v ONno -A _ 4 w� 4 i wl a o� zl I W' I 6 W I ICE 4 0 {il A01 • Lp `3 N M u � FI RE Z. ° m� FI 1 3 t M z � C: • � .a O 1 - I m 5D "0 I o I �w �m I pz UZ � �F I 0 ______ z A 3 n V d ti j http : / /www.pbcgov.com/ papa / Asps/ PropertyDetail/PropertyDetail.a: ' �!' z i � r'.�.::. hy �f3,&: f�'z"rf.x�sa s i.�.ti'iti; A�.,F'.?�.:: �.�'`.+��� --�rc tea. d 2'+3'�#,�,vr ,`s.� rr,. pr "r Ap r -'.: Location Address 220 W BOYNTON BEACH BLVD M unicipality BOYNTON BEACH Parcel Control Number 08- 43- 43 -28 -10 -003 -0060 Subdivision BOYNTON HGTS ADD REV PL IN Official Records Book 23034 Pape 448 Sale Date JAN -2009 Legal Description BO YNTON HEIGHTS ADD REVISED PLLTS 6, 7 & 8 /LESS N 10 FT SR 804/ BLK li dr Ow ners WHITE ELK ENTERPRISES LLC 180 NEPTUNE DR HYPOLUXO FL 33462 6020 Sales Date Price OR Book /Page Sale Type Owner JAN -2009 $300,000 23034 / 0448 WARRANTY DEED WHITE ELK ENTERPRISES LLC SEP -2006 $10 20884 / 1145 WARRANTY DEED MATTHEWS BARBARA C REV TRUST No Exemption Information Available. N umber of Units 0 ' TotW Square Feet 1867 Acres 0.2335 Use Code 1700 - OFFICE ONE Zoning C2 - Neighborhood Commercial (08- BOYNTON STORY BEACH ) Ta Year 2013 2012 2011 Improvement Value $87,212 $78,201 $82,837 L and Value $118,390 $118,390 $122,052 Total Market Value $205,602 $196,591 $204,889 All values are as of January 1 st each year Tax Year 2013 2012 2011 Assessed Valise $205,602 $196,591 $204,889 Exemption Arriount $0 $0 SO Taxable Value $205,602 $196,591 $204,889 Tax Year 2013 2012 2011 Ad Valorem $4,667 54,459 $4,653 Non Ad Valorem $773 $773 $777 Total tax $5,440 $5,232 $5,430 i i.. htq)://www.pbcgov.com/papa/Asps/P t ruc t ura lD e t a i , y f f�� t. ^w",,,dlvixty er A0p As ot y Yt - hcount .............. ch Ow ner Name WHITE ELK ENTERPRISES LLC Parcel Control Number. 08 43 45 - 28 - 10 - 003 - 0011 L ocation Address; 226 W BOYNTON BEACH BLVD Structural Element for Sketch for Building Build 1 u Exterior Wall 1 CB STUCCO 2. Year Built 1955 3. Air Condition HTG & AC Dsc, 4. Heat Type FORCED AIR DUCT [24 5, Heat Fuel ELECTRIC 6. Bed Rooms 2 T Fall Baths 1 Lc S. Half Baths 0 E C-a '- g, Exterior Wail 2 N/A 10. Roof Structure GABLE /HIP 11. Roof Cover ASPH /COMP. SHG. 12. Interior W all l PLASTER 13. Interior Wall 2 N/A 14, Flour Type 1 TERRAllO MONO. is. Floor Type 2 N/A 16. Stories i Subarea and Sq. Footage for Building I No. Cade Description Sq. Footage 1. OAS BASE AREA 826 2. UOP UNFINISHED OPEN 158 PO RCH 3. FCR FINISHED GARAGE 242 4, LIEF UNFINISHED ENCL. 160 PORCH Total Square Footage : 1386 f j Total Area Under Air : 826 i E xtra Feature De Year Built Units No Extra Feature Available ' Laud Details Land Lime # Description Zoning Front Depth Sq. Footage Acres 1. COMMERCIAL 133.45 120.00 16014 0.3676 http://www.pbcgov.com/papa/Asps4lropertyDeUWropertyDetail.a: Prfn ai r s A11,kz ,1 1 ( i. E ` ` Propt Location Address 226 W BOYNTON BEACH BLVD Municipality BOYNTON BEACH Parcel Control Number 08- 43- 45 -28 -10 -003 -0011 Subdivision BOYNTON HGTS ADD REV PL IN Official Records Book 19415 Page 120 Sale Date OCT -2005 Legal Description BOYNTON HEIGHTS ADD - REVISED PLLTS i TO 5 INC /LESS S 15 FT OF LTS 1, 2, S. 15 FT OF W 112 OF LT 3 &N 10 FT OF LTS 1 TO 5 1 Mailing ss Ownem 180 NEPTUNE DR WHITE ELK ENTERPRISES LLC LAKE WORTH FL 33462 6020 Sales Date Price OR Book /Page. Salle Type Owner OCT -2005 $ 500,000 19415/0120 WARRANTY DEED WHITE ELK ENTERPRISES LLC No Exemption Information Avallable. E Number of Units 1 *Tonal Square Feet 1386 Acres 0.3676 Use Code 0101 - SINGLE FAMILY -COMM Zoning C2 - Neighborhood Commercial g ZONING 08- BOYNTON BEACH) i Tax Year 2013 2012 2011 Improvement Value $32,502 $29,577 $29,577 Laren value $186,403 $186,403 $192,168 Total Market Value $218,905 $215,980 $221,745 i All values are as of January 1 st each year Tax Year 2013 2012 2011 Assessed Value $218,905 $215,980 $221,745 Exemption Amount $0 $0 $0 Taxable Value 5218,905 $215,980 $221,745 Tax Year 2013 2012 2011 Ad Valorem $4,969 $4,699 $5,036 Nora Ad Valorem 5262 $262 $262 Total tax $5,231 55,161 $5,298 http://www.pbegov.com/papa/Asps/PmpertyDetail/ShucturalDetail "try x k. n cr ° i Owner Marne; WHITE ELK ENTERPRISES LLC Parcel Control Number: 08- 43- 45- 28 -10- 003 -0060 Location Address: 220 W BOYNTON BEACH BLVD Structural rat for Sketch for Building Building I 1. YEAP BUILT 1957 a . 5FB TO 1867 OFFICE Subarea and Sq. 33 Footage for Building 3 No, Code Description S . Footage 1E 21 1. SFR TO OFFICE 1867 A r F Total Square Footage 1867 Extra Feature Description Year Blit Emits PAVING - ASPHALT 1957 3292 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Land Detalk Land Line# Description Zoning Front Depth Sq. Footage Acres 1 . COMMERCIAL 70.14 145.00 10171 0.2335 �« ` � - - ' , ` ^~ � ' ' - ' ,�p . _ RESOLUTION NO. 14-06 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR AMENDING THE COMMUNITY REDEVELOPMENT PLANTO CLARIFY THE TIME CERTAIN FOR THE COMPLETION OF PROJECTS DESCRIBED IN THE COMMUNITY REDEVELOPMENT PLAN; PROVIDING AUTHORITY TO MODIFY OR AMEND SAID PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the Legislature of the State of Florida enacted PartIII of Chapter 163, Florida Statutes, (The Community Redevelopment Act of 1969, referred to as “The Act”); and WHEREAS, the City Commission of the City of Boynton Beach, Florida, pursuant to the Act has created the Boynton Beach Community Redevelopment Agency; and WHEREAS , the City Commission, pursuant to the Act, has previously adopted and amended the Community Redevelopment Plan; and WHEREAS, the City Commission, pursuant to the Act, has declared an area of Boynton Beach, as described in the Community Redevelopment Plan, as it has been amended from time to time, to be a blighted area as defined in the Act, and that the rehabilitation, conservation or redevelopment, or combination thereof, of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City of Boynton Beach; and WHEREAS, the Community Redevelopment Plan, as it has been amended from time to time, does not currently contain within it a time certain for the expiration of the Community Redevelopment Agency; and WHEREAS , the Board of Commissioners of the Boynton Beach Community Redevelopment Agency finds that it would be beneficial to clarify or extend the time certain in order to remove any doubt regardingthe Community RedevelopmentPlan’sconsistencywith the Florida Statutes, the bonds issued to fund the Community Redevelopment Agency, the TIF funding for the Community Redevelopment Agency, and the projects described in the Community Redevelopment Plan; and WHEREAS, the Board of Commissioners of the Boynton Beach Community Redevelopment Agency has held a public hearing after public notice in conformance with the requirements of the Act; and WHEREAS, the Boynton Beach Community Redevelopment Agency has provided notice to the taxing authorities in conformance with the Requirements of the Act; and 00384989-2 WHEREAS, the Board of Commissioners of the Boynton Beach Community Redevelopment Agency has determined that this resolution is for a proper purpose and in the best interests of the Boynton Beach Community Redevelopment Agency, the City of Boynton Beach and its residents; NOW THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD THAT: Section 1: The Time Certain Appendix to all currently existing Community Redevelopment Plans and parts thereof, for the redevelopment areas, the boundaries of which are described in the Community Redevelopment Plans and parts thereof, having been duly received and considered as provided by law, is hereby approved and adopted as attached hereto as Exhibit “A” and made a part of this resolutionby reference. Said Appendix is hereby designated as the Time Certain Appendix to the existing Community Redevelopment Plans and parts thereof. It is the purpose and intent of the Board ofCommissioners of the Boynton Beach Community Redevelopment Agencythat this Appendix become an appendix to all currently existing Community Redevelopment Plans and parts thereof. Section 2: Itis hereby found and determined that the aforementioned Community Redevelopments Plans and parts thereof, as amended by the Time Certain Appendix attached hereto as Exhibit “A,” continue to: (1)Conform with the Community Redevelopment Act of 1969, as amended; (2)Are necessary and in the interests of public health, safety, morals and welfare of the residents of the City of Boynton Beach, and will effectuate the purpose of the Act by revitalizing the area economically and socially, thereby increasing the tax base, promoting sound growth, improving housing conditions, and eliminating the conditions which the Florida Legislature has found in the Act to constitute a menace which is injurious to the public health, safety, welfare and morals of the residents; (3)Are 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 community redevelopment area; zoning and planning changes, if any; land uses; maximum densities; and building requirements; (4)Will not result in the displacement of families from the community redevelopment areas, and therefore it is not necessary to provide a feasible method for the location of families displaced from the communityredevelopment area; (5)Conform to the general plan of the City of Boynton Beach as a whole; (6)Give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the Community Redevelopment Plans and parts thereof; and (7)Will afford maximum opportunity, consistent with the sound needs of the City of Boynton Beach as a whole, for the rehabilitation or redevelopment of the community redevelopment areas by private enterprise. 00384989-2 Section 3: The Appendix attached hereto as Exhibit “A” conforms with the Act, as amended. Section 4: The Community Redevelopment Plan may be amended or modified as set forth in Section 163.361, Florida Statutes, as amended. Section 5: This Resolution shall take effect immediately upon passage, and shall be transmitted, along with the attached appendix, to the City of Boynton Beach for confirmation and approval, and action pursuant to § 163.361, Fla. Stat.The Board of Commissioners of the Boynton Beach Community Redevelopment Agency recommends that the City Commission of the City of Boynton Beach amend the Community Redevelopment Plan consistent with this Resolution. FIRST and FINAL READING this ___ day of ______, 2014. Boynton Beach Community Redevelopment Agency ____________________________________________ Mayor and Chair Jerry Taylor ____________________________________________ Vice Mayor and Vice Chair Joe Casello ____________________________________________ Commissioner and Board Member David Merker ____________________________________________ Commissioner and Board Member Mack McCray ____________________________________________ Commissioner and Board Member Michael Fitzpatrick ____________________________________________ Board Member James Buchanan ____________________________________________ Board Member Woodrow Hay 00384989-2 Exhibit A TIME CERTAIN APPENDIX The time certain for the completion of all redevelopment financed by increment revenues, specifically the projects described in the Boynton Beach Community Redevelopment Plan[s] and parts thereof, is hereby declared or extended to be September 30, 2044, exactly 60 years after the end of the fiscal year in which the initial community redevelopment plan was approved pursuant to City of Boynton Beach Ordinance No. 84-32. 00384989-2 i t �t � itt�8tttftfy���( t �sUt,� u�s r tnui d Si B OY N T0 li i I B RA CRA BOARD MEETING OF: September 9, 2114 I Consent Agenda I X ( Old Business I New Business Legal Executive Director's Report SUBJECT: Consideration of Resolution No. R14 -05 Adopting the CRA Budget for FY 2014 -2015 SUMMARY At the August 7, 2014 budget meeting, the CRA Board approved the attached operating budget for FY 2014 -2015. One change was made to the budget regarding rollover funds for the Property Purchases reflecting the purchase of the Robinson property approved in the current fiscal year. The change is shown below. Protect Fund — • Reduction - $92,000 —Property Purchases —Reduced from $882,024 to $790,024 for Robinson property purchase approved by the CRA Board August 12, 2014. FISCAL IMPACT: Adoption of FY 2014 -2015 CRA budget. CRA PLAN, PROGRAM OR PROJECT All Redevelopment Plans RECOMMENDATIONS /OPTIONS Approve Resolution No. 14 -05 adopting the attached FY 2014-2015 Budget, subject to ratification by the City of Boynton Beach Commission on September 16, 2014. Susan Harris Finance Director T:IAGENDAS, CONSENT AGENOAs, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board Meetings\September 20141Budget Approval FY 2014- 2015.doc RESOLUTION RESOLUTION I REDEVELOPMENT ADOPTING AGENCY I 1, 2014 TO SEPTEMBER , 2015, PROVIDING I . I T N E S S E T H: the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2014 and ending September 30, 2015, attached hereto as Exhibit "A "; and the Board has determined that the said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "A" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2014 through September 30, 2015 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. ADOPTED PASSED AND this 9th day of September, 2014. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jerry Taylor, Chairman J. Taylor B. Buchanan w J. Casello M. Fitzpatrick W. Hay M. McCray D. Merker 00384958 -1 B 0Y. {F EXHIBIT "A" �£( " ' C =BEACH '1 RA Boynton Beach Community Redevelopment Agency Operating Budget Y2 1 - 201 As of: 09 -09 -2014 Final Adopted Budget Table of Contents Budget Overview 1 -13 General Fund 14-26 Project Fund 27-31 Debt Service Fund 32-33 r1- Boynton Beach CRA Surnma!y - Assessed Property Values & TIF Revenue CRA Assessed Increment Property Values % Change Revenue % Change FY 1989 -1990 $ 39,466,737 $ 183,535 FY 1990 -1991 (a) $ 74,997,745 90.0% $ 199,603 8.8% FY 1991 -1992 $ 77,257,229 3.0% $ 204,449 2.4% FY 1992 -1993 $ 73,396,553 -5.0% $ 158,859 -22.3% FY 1993 -1994 $ 70,614,592 -3.8% $ 126,535 -20.3% FY 1994 -1995 $ 71,929,663 1.9% $ 141,167 11.6% FY 1995 -1996 $ 73,498,930 2.2% $ 158,398 12.2% FY 1996 -1997 $ 74,712,938 1.7% $ 172,660 9.0% FY 1997 -1998 $ 75,719,530 1.3% $ 189,808 9.9% FY 1998 -1999 $ 78,410,383 3.6% $ 219,894 15.9% FY 1999 -2000 $ 81,928,346 4.5% $ 261,389 18.9% FY 2000 -2001 (a) $ 317,835,353 287.9% $ 305,840 17.0% FY 2001 -2002 $ 372,405,731 17.2% $ 945,685 209.2% FY 2002 -2003 $ 407,644,247 9.5% $ 1,330,409 40.7% FY 2003 -2004 $ 511,268,089 25.4% $ 2,500,726 88.0% FY 2004 -2005 $ 631,521,600 23.5 $ 3,871,616 54.8% FY 2005 -2006 $ 827,149,288 31.0% $ 6,076,347 56.9% FY 2006 -2007 $ 1,132,404,172 36.9% $ 9,086,624 49.5% FY 2007 -2008 $ 1,270,885,424 12.2% $ 9,520,342 4.8% FY 2008 -2009 $ 1,131,010,840 -11.0% $ 8,159,941 - 14.3% FY 2009 -2010 (a) $ 950,585,514 - 16.0% $ 6,760,870 -17.1% FY 2010 -2011 $ 825,305,342 -13.2% $ 5,637,827 -16.6% FY 2011 -2012 $ 815,476,900 -1.2% $ 5,752,745 2.0% FY 2012 -2013 $ 787,123,743 -3.5% $ 5,614,228 -2.4% FY 2013 -2014 $ 892,694,842 13.4% $ 7,022,119 25.1% FY 2014 -2015 $ 1,000,944,777 12.1% $ 8,100,000 15.3% 4 (a) CRA expansion TIF - : June 26, 2014 1. ASSESSED VALUAT FY 2013-2014 20114- 2015 , 1,000,9 44,7 77 Actual A Estimate Certified 5120114 As of: 6126114 Ch from Prior Year $ 108,249,935 12.1% 2. TAX INCREMENT REVENUE - ESTIMAT EF: Y 20 14-2015 Estimates Assessed Values $ 892,694,842 $ 1,000,944,777 Less Base Year Value $ 309,821,849 309,821,849 TIF Taxable Value $ 582,872,993 691,122,928 95% of Difference $ 553,729,343 $ 656,566,782 (Per Florida Statutes Chapter 163.387(1)(a) Assumptions Redevelopment Trust Fund) No Millage Change Increasel(Decrease) City & County versus Prior Year illage Rates Amount Percent County 4.78150 4.78150 NIA 0% City 7.90000 7.90000 NIA 0% Tax Increment Revenue County $ 2,647,657 $ 3,139,374 $ 491,717 19% City $ 4,374,462 $ 5,186,878 $ 812,416 19% Sub -Total $ 7,022,119 $ 8,326,252 $ 1,304,133 19% 2.5% for True -Up $ - $ 208,156 NIA Net TIF 7,022,119 $ 8,100,000 $ 1,077,882 15% Budgeted Change from Prev. Year Amount 1,077,881 % 1% 3- Re venues - FY 2014-2015 Increase/( Decrease) 2013 -2014 1 vs. Estimate Budg FY 2014 -2015 Am out % Tax Increment evenue 7,022,000 7,022,119 ,100,000 $ 1,077,881 15% Other Sources of Revenue • Marina $ 1,000,000 $ 1,000,000 $ 1,000,000 $ - 0% • General Fund - Fund Balance Allocation $ 300,000 $ 300,000 $ - $ (300,000) -100% Total Revenue Sources ,322,000 $ 8,322,119 9,100,000 777,881 9% Assumptions: 1. Tax increment revenue in FY13 -14 Estimate is actual. 2. TIF revenue FY 14 -15 reduced by 2.5% true -up -- Fund ing F7 vi I ec - FY 201 s - Estimated $ ,1 Less: Debt Service $ 2,301,853 Operating Expenses $ 1,943,667 Marina Expenses $ 1,000,000 DIFA - Casa Costa (flkla The Promenade) $ 485,000 (Year 5 of 10) DIFA - The Preserve - Cornerstone $ 100,000 (Year 1 of 10) Wal -Mart Brownfield Payment $ 22,500 (Year 4 of 4) DIFA - Wal -Mart $ 50,000 (Year 3 of 10) DIFA - Seabourn Cove - Phase 1 $ 360,000 (Year 2 of 10) DIFA - Seabourn Cove - Phase 2 $ 165,000 (Year 1 of 10) Sub -Total $ 6,428, New Project v 2,671,980 .4 Projects Funded Through Bonds Boynton Beach Blvd Ext/Promenade Walkway $ 10,022,149 34% Property Acquisitions $ 11,485,686 39% Marina Purchase $ 6,393,700 22% Housing Assistance $ 1,389,493 5% Economic Development $ 320,648 1% Total $ 29,611,676 100% 5 YNTON BEACH CRA Project Fund Revenue & Potential Projects FY 2014 - 2015 ro1ec Rollovers- Total (Funded in Revenue for Estimated FY13 -14) New Projects Project Fund Project Description CRA Plan $ 2,263,593 $ 2,671,980 $ 4,935,573 As of 8/31114 Proposed New Projects - FY 2014 -2015 (1) arena - pen Space ons ruc ion - Demo /Construction /RFQ for Design -Build & Southern Drive Lane Repair and Resurface Downtown Master Plan $ - $ 700,000 $ 700,000 (2) Town Square Project (Rollover is reallocated from OHS Demo in FY13 -14) Downtown Master Plan $ 175,000 $ 325,000 $ 500,000 (3) Plan Updates - Federal Highway Corridor & Downtown Master Plan $ - $ 160,000 $ 160,000 ( Dewey Park Stage & Light Enhancement Downtown Master Plan $ - $ 25,000 $ 25,000 ( Sara Sims Playground Equipment Heart of Boynton $ - $ 25,000 $ 25,000 (6) 211 - Renovation Grant Downtown Master Plan $ 186,795 $ 13,205 $ 200,000 (7) North Federal Highway /FEC Corridor Landscape Downtown Master Plan $ 50,000 $ 82,775 $ 132,775 (8) Planning & Community Workshops Economic Devi. Meetings All CRA Plans $ - $ 30,000 $ 30,000 (9) Business Incubator Support All CRA Plans I $ - $ 20,000 $ 20,000 (10) Woman's Club Historic Match Grant Downtown Master Plan 1 $ 25,000 $ 25,000 $ 50,000 Ongoing Projects - Budgeted in FY 2013 -2014 (11) Acquistion of Key Parcels - Ocean Ave. and Heart of Boynton All CRA Plans $ 790,024 $ - $ 790,024 (12) Development of Phase 2 Marina Downtown Master Plan $ 376,304 $ - $ 376,304 (13) Design of Boynton Beach Boulevard Downtown Master Plan $ 226,610 $ - $ 226,610 ( Economic Development Grants All CRA Plans $ 150,000 $ - $ 150,000 (15) Site Work & Demolition All CRA Plans $ - $ 100,000 $ 100,000 (16) Contingency All CRA Plans $ - $ 75,000 $ 75,000 (17) Entry signage at north and south Federal Highway Downtown Master Plan $ 65,850 $ 100,000 $ 165,850 (18) Legal Work - Project Fund All CRA Plans $ - $ 150,000 $ 150,000 (19) Tree Lighting Project - Ocean Avenue All CRA Plans $ 56,393 $ 200,000 $ 256,393 (20) Parking & Street Enhancement - NE 4th Street Downtown Master Plan $ 136,617 $ 75,000 $ 211,617 (21) Wayfinding Sign for Art District Downtown Master Plan $ 25,000 $ - $ 25,000 (22) Special Events Downtown Master Plan $ - $ 321,000 $ 321,000 (23) Marketing Program - Downtown All CRA Plans $ - $ 120,000 $ 120,000 (24) Design & Engineering All CRA Plans $ - $ 75,000 $ 75,000 (25) Surveys & Appraisals All CRA Plans $ - $ 50,000 $ 50,000 Sub -Total $ 2,263,593 $ 2,671,980'. $ 4,935,573 DIFA & Brownfield Payments $ 1,182,500 Total Project Fund $ 6,118,073 NOTES: Portion of total rollover from Acquisitions of $955,024 reallocated as follows: Item #7 - No Federal Highway /FC Corridor $ 50,000 Item #10 = Woman's Club Historic Grant Match $ 25,000 Item #20 - Parking & Street Enhancement NE 4th Street $ 90,000 Total $ 165,000 �6. BOYNTON BEACH COMMUNITY E VL T AGENCY CAPITAL IMPROVEMENT FY 2014 -2015 FY 2013 -2014 Expenditures & Budget to Additional Budget Encumbrances Rollover Funding FY 2014 -2015 02- 56200 -404 1211 E. Ocean Ave. - Renovation Grant $ 186,795 $ - 1 $ 186,795 1 j $ 13,205 $ 200,000 Marina 02- 58200 -404 •Phase 2 - Harbor Master Building, Fuel Station Relocation, Site Work $ 1,600,000 $ 1,223,696 $ 376,304 ! $ $ 376,304 02- 58200 -404 • pen space onS c On - Demo /ConstructionlRFQ for Design - Build & Southern Drive Lane Repair & Resurface $ - $ - $ - $ $ 700,000 02.58200 -404 Parking & Street Enhancement -NE 4th $ 611,480 $ 564,863 $ 46,617 •Reallocated portion of rollover funds from Acquisition in FY1344 $ 90,000 $ 75,000 $ 211,617 02- 58200 -402 Entry Signage at North & South Foderal Highway $ 100,000 $ 34,150 $ 65,850 1 $ 100,000 $ 165,850 02- 58200 -402 lWaymfinding Signs Arts District $ 25,0001$ 1 $ 25,0001 1 $ $ 25,040 02- 58200 -406 ITree Lighting Project -Ocean Avenue 1 $ 92,1451$ 35,7531 $ 56,3931 1 $ 200,000 1 $ 256,393 02.58200 -406 North Federal Highway /FEC Corridor Landscape $ - $ $ - *Reallocated portion of rollover funds from Acquisition in FYI 344 $ 50,000 i $ 82,775 $ 132,775 02- 58200 -404 Dewey Park - Stage & Light Enhancement $ $ $ - 11 $ $ 25,000 TOTAL $ 2,615,420 1,858,461 $ !$96,959 ' _____$L_470 9$0 $ 2,092,939 NOTES: Portion of total rollover from Acquisitions of $955,024 in FY13 -14 reallocated as follows: • North Federal HighwaWFEC Corridor $ 50,000 • Parking & Street Enhancement NE 4th Street $ 90,000 7 -. SPEC FY 2014-2015 FY 2014/2015 PROPOSED EVENTS DATE PROPOSED BUDGET FOOD TRUCK INVASION AND MUSIC FT Saturday, May 9, 2015 $12,500 Ocean Avenue Boynton Beach Haunted Pirate Fest & Mermaid Splash Saturday & Sunday October 25 & 26, 2014 $125,000 Ocean Avenue HOLIDAY EXTRAVAGANZA TREE & DECORATIONS Friday, December 5, 2014 $31,000 CONCERT $29,000 Saturday, December 6, 2014 - City responsible for PARADE planning and implementation. CRA will reimburse City for cost up to a maximum of $25,000 $25,000 Holiday Event Total $85,000 HOLIDAY BOAT PARADE Boynton Harbor Marina Saturday, December 13, 2014 $12,000 ST. PATRICK'S DAY CELEBRATION Friday, March 13, 2015 $15,000 Ocean Avenue KID'S EARTH DAY EVENT Saturday, April 18, 2015 $:6:,50:0 Ocean AvenueAm hitheatre VIES IN THE PARK Dewey Park •Friday, October 3, 2014•November 7, 2014•December $21,000 12, 2014eJanuary 2, 2015 *February 6, 2015 •March 6 2015 eA hl 3 2015 9M2 1 2015eJune 5 2015 MUSIC ON THE ROCK CONCERTS .Thursday, October 16, 2014eDecember 18, 2014+Janua 15 2015 *February 19 2015 •March $24'000 Ocean Avenue Amphitheatre ry � � 19 2015 • nl 16 2015 a May 21 2015eJune 18 2015 SPECIAL EVENTS GRANT PROGRAM $20,006 TOTAL COST OF EVENTS $321,000 �g,u FY 2014 -2015 Market PROPOSED Development of enhancing our a c ourself in Boynton Beach brand Creative development Brand and Tagline for a destination brand, theme development to Development Campaign attract visitors $ 3,000 Live Music Scene Website esign an eve op a campaign Tor the we si e Campaign to promote our local bars and live music scene $ 2,000 1! Design & Develop a custom "Catch A" brochure and 2 promtional rack card templates for Brokers and grants 10 Social promotions for the Marina, Promotional Collateral Merchants and Economic Development $ 6;500 usiness eve opmen campaign lottery we site Website lottery campaign starter program ;$ 2,500,; Marina Promtional video Marina ma eting vl e0 for tourism $ 2,900 Design videos of oca res urants for mont y Videos for Movie Night movie night $ 6,600 Email Campaigns with call to Custom Program as monthly promotions an t action programs marketing blasts $ 1,200: Annual Report Design & layout $;, - __ 4,000 Florida Cruising Magazine - esign a page a in of a ruising magazine Marina and placement $ 3,200 Promotional Collateral for Design and development ol rack cards for Visit tourism Florida 4,500 ou a page spree mon y of oca Business Boynton Forum with the "Catch A" tagline $ 17,000 Promotional ase Messaging Postcard Postcard campaign "Meet Your Neighbors" $ 2,800 Marketing promotions - Boynion RarEor Marina - -- -- Marina Campaign & merchants $ 4,500 Direct Mall Campaign Shop Boynton $ 4,000 esign eve op a evening for Concierges to Concierges Fam Tour tour Boynton $ 5,000 Images Photography for inhouse collateral $ 700 Marina & Downtown Banners Banners for the Marina & Ocean Ave. $ 30,000 am er and Business Development Events Redevelopment marketin $ 20,000 Total 120,000 -9- FUND BALANCE ANALYSIS Fund Balance 9/30/2013 - Unassigned $ 599,067 Less: 1. Committed Fund Balance r Self-Funded ! 11 2. Fund Ba lance ci r FY 1- 1 , E sti m ated Unassigned Fund Balance as of 9/30/2014 - Note: The annual audit of the CRA's financial statements for the fiscal year ending 9/30/2014 will be completed by mid - January 2015. At the completion of the annual audit, the Unassigned Fund Balance will be finalized and the CRA Board can allocate funding according to Florida statute as outlined below. § 163.387, Fla. Stat. Ann. (7) On the last day of the fiscal year of the community redevelopment agency, any money which remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be: (a) Returned to each taxing authority which 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; (b) Used to reduce the amount of any indebtedness to which increment revenues are pledged; (c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or (d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan which project will be completed within 3 years from the date of such appropriation. -10- BOYNTOT u � t i RA CRA'BOARD Proposed Organization KeyFull Time Employee Chart for FY 2014 -2015 P Y ee Executive Director Vacant & Unfunded ❑ Part Time Employee Assistant Directo r Administrative Assistant Development Development Marketing & Business Special Events Finance Director Qirector Services Specialist Development Coordinator (d) b S' ecialist c Finance Specialist MarketinglEvents/ (a) Bus. Spec. Assistant (a) Title Change: formerly Finance Assistant (b) Title Change: formerly Administrative Services Manager (c )Title Change: formerly Business Development Specialist (d) Title Change: formerly Special Events Director .11 w BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROPOSED FOR IFY 2014-2015 - POSITION CLASSIFICATIONS & SALARY RANGES YRS OF INCUMBENT Svc POSITION STATUS(a) FLSA(b) MINIMUM ID POINT I U Vivian Brooks 9.7 Executive Director F E $ 94,000 1 $ 125,000 $ 150,000 Mike Simon 7.7 Assistant Director F E $ 78,000 $ 95,000 $ 120,000 Susan Harris 9.0 Finance Director F E $ 78,000 $ 95,000 $ 120,000 Vacant Development Director V E $ 60,000 $ 74,000 $ 94,000 Vicki Hill 4.0 Finance Specialist F E $ 50,000 $ 70,000 $ 85,000 Theresa Ulterback 5.6 Development Services Specialist F E $ 42,000 $ 55,000 $ 75,000 Tracy Smith-Coffey 1.5 Marketing & Business Development Specialist F E $ 42,000 55,000 $ 75,000 lAmy Zimmerman 1.0 Special Events Coordinator F E $ 42,000 $ 55,000 $ 75,000 1Part -Time Position_ Marketing/Events/Business Development Asst. V $ 32,000 $ 40,000 $ 5T5 $ lVacant jAdministrative Assistant V N 32,000 40,000 $ 55,000 (a) Status: F = Filled Position V = Vacant Position (b) FLSA = Fair Labor Standard Act; E=Exempt: N=Non-exempt 12- BOYNTON BEACH CRA SALARY SCHEDULE and RELATED PERSONNEL EXPENSES FISCAL YEAR 2014 -2015 FICA TAXES SALARY SALARY 6.211% 1A5% AUTO BENEFIT RETIREMENT NAME POSITION FY 13 -14 FY 14 -15 SOC- SEC, MEDICARE ALLOWANCE COSTS BENEFITS TOTAL Vivian Brooks Executive Director $ 123,188 $ 123,188 $ 7,638 $ 1,786 $ 3,000 $ 11,770 $ 24,ti36 $ 172,020 Susan Harris Finance Director $ 94,775 $ 94,775 $ 5,876 $ 1,374 $ $ 11,631 $ 18,955 $ 132,612 Michael Simon Assistant Director $ 95,000 $ 95,000 $ 5,890 $ 1,378 $ $ 11,632 $ 19,000 $ 132,902 ar a mg usiness Development Tra Smith-Coffey Specialist $ 55,000 $ 55,000 1 $ 3,410 $ 798 $ $ 11,438 $ 11,000 $ 81,646 Theresa Utterback Development Services Specialist $ 58,672 $ 58,672 $ 3,638 $ 851 $ $ 11,456 $ 11,734 $ 86,351 Vicki Hill Finance Specialist $ 70,560 $ 70,560 $ 4,375 $ 1,023 $ - $ 11,514 $ 14,112 $ 101,584 Amy Zimmermann Special Events Coordinator $ 40,000 $ 55,000 $ 3,410 $ 798 $ $ 11,514 $ 11,000 $ 81,722 Vacant - To be filled - Part time MarketinglEvents Business position Development Assistant $ - $ 23,400 $ 1,451 $ 339 $ - $ - $ - $ 25,190 Vacant - Not funded in FY14 -15 Special Events Director $ 70,618 $ $ - $ - 5 - $ - $ - $ - 3% Merit Pool $ - $ 16,566 $ 1,027 $ 240 $ - $ 3,313 $ 21,146 Total $ 607,813 $ 592,161 $ 36,715 $ 8,587 $ 3,000 $ 80,955 $ 113,752 $ 835,173 Personnel Costs as % of General Fund = 9% Total Benefit Cost (excl. taxes) _ $ 197,710 % of Total Proposed Salaries = 24% RETIREMENT BENEFITS ANALYSIS FY 2013 -2014 FY -2614 -2015 457(b); 401(a) Sala Sala 5% 15:0% TOTAL Vivian Brooks $ 123,188 $ 123,188 6,159 18,478 24,638 Susan Harris $ 94,775 $ 94,775 4,739 14,216 18,955 Mike Simon $ 95,000 $ 95,000 41750 14,250 19,000 Tracy Smith-Coffe $ 55,000 $ 55,000 2,750 8,250 11,000 Theresa Utter back $ 58,672 $ 58,672 2,934 8,801 11,734 Vicki Hill $ 70,560 $ 70,560 3,52B 10,584 14,112 Am Zimmermann $ 40,000 $ 55,000 2,750 8,250 11,000 Special Events Director $ 70,618 $ - - - - 3% Meri9 Paal $ 16,566 1 8281 2,485 1 3,313 Total $ 607,813 $ 568,761 $ 28,438 $ 85,314 $ 113,752 NOTE: City's contribution to General Employees' Pension Fund = five year range of 18.43%to 33.43 annually (source: City Finance Dept.) CRA Retirement Percentage = 20% Total 13 Boynton Beach CRA General Fund - Budget Summary FY 2013 -2014 2014 -2015 Proposed vs. 2013 -2414 Original Amended Year End Proposed Increase! Decrease REVENUES Budget Bud et Estimate Budget I Amount % ►Tax Increment Revenue (TIF) $ 6,860,000 $ 7,022,300 $ 7,022,119 $ 8,100,000 $ 1,078,000 15 1 /6 10- Marina Rents & Fuel Sales 1,000,000 1,000.000 1,000,000 1,000,000 $ - 0% ►Fund Balance Allocation 300,000 300,000 300,000 - $ (300,000) -100% ► Fund Balance Allocation from - 479,254 479,254 - $ (479,254) 100% General Fund Unassigned Fund Balance 9130113 Total Revenues 6,160,000 6,801,254 8,801,373 9,100,000 298,746 3% V FY 2013.2014 2014.2015 Proposed vs. 2013 -2014 FY 2014-2015 P roposed EXPENSES Original Amended Estimate Year End Proposed Increase! Decrease Department Components epartmerlt Name Budget Budget 'Bud e[ I AMC unt m I Operati CRA Board $ 22,250 $ 22,250 $ 22,250 $ 24,850 $ 2,600 12% ($ $ 24,850 Administration Executive Department 264,128 270,986 270,564 302,375 $ 31,389 12%. 270,735 31,640 Finance Department 230,147 234,010 234,220 256,578 $ 22,568 10% 240,528 16,050 Planning Department 140,556 160,556 159,856 151,858 $ (8,698) -5 1 /6 136,538 15,320 Marketing & Business Devi. 150,038 153,104 150,929 141,452 $ (11,651) -8% '! 92,147 49,305 Special Events Department 136,105 138,260 106,553 121,293 $ 16,967 -12% ' 92,223 29,070 Sub -Total 920,974 956,916 922,121 973,557 16,641 2% 832,172 141,385 ADMINISTRATIVE COSTS INCREASE VERSUS PRIOR YEAR= 2% 44 a Due to Event Equipment & Support moved to departmental budget from Buildings & Grounds ADMINISTRATIVE COSTS AS % OF GENERAL FUND= 9% Other GF Expenses Insurances 166.850 121,700 116,346 131,500 $ 9,800 8% Professional Services 212,000 252,000 237,000 262,000 $ 10,000 4% Buildings & Grounds 395,027 395,027 400,027 472,700 $ 77,673 20% Marina Operations 1,000,000 1,000,000 1,000,000 1,000,000 $ 0% Information Technology 52,450 52.450 53,450 54,060 $ 1,610 3% Contingency 25,000 25,000 25,000 25,000 $ 0% Sub -Total 1,851,327 1,846,177 1,831,823 1,945,264 99,483 5% Total GF Operating 2;794,551 t 2,825,343 2, 178,324 4 1 % Operal4 ng Transfers Out N om, Transfer to Debt Service Fund 1,519,179 1,519,178 1,519,179 2,301,853 Transfer to Project Fund 3,846,270 4,456,733 4,456,733 3,854,480 Sub -Total $ 5,365,449 $ 5,975,911 $ 5,975,912 $ 6,156 333 Total General Fund Expenses & Transfers Out $ 8,160,000 : $ 8,841,254 $ : 8,752 106 $ = 9,100,000 -14- General Fund V CRA BOARD FY 2013 -2014 FY 2014-2015 D ept. 51010 Original Year End Proposed Change Incr1( ecr) SUMMARY B u d get Estimate Budget ' I Amount % 200 CONTRACTUAL E P E $ 7,500 $ 7,500 $ 7,500 $ - 0% 216 PUBLIC NOTI $ 5,000 6,000 6,500 ! $ 1,500 30% 225 CONFERENCES, MEETINGS & SEMINARS $ 8,250 $ 7,250 $ 13 X60 $ 500 6% 227 DELIVERY SERVICES $ 400 $ 400 $ 400 $ - 0% 310 OFFICE SUPPLIES $ 500 $ 500 $ 500 ! $ - 0% CELLO S $ 600 $ 600 1,200 $ 600 100% 22,250 22,250 $ 24,850 2,600 1% DETAIL 200 CONTRACTUAL E S S $ 7,500 $ 7,500 $ 7,500 Minutes for Board & Sp Meetings - City Staff Costs $ 7,500 $ 7,500 $ 7,500 216 PUBLIC NOTICES [Board Meeting & Legal Notices 5,000 6,000 $ 6,500 225 S, MEETINGS & SEMINARS $ 8,250 $ 7,250 $ 8,750 ABC's of CRAs $ 250 $ 250 250 Florida Redevelopment ent Association $ 7,000 $ 6,000 $ 7,000 B o a rdTraining Wor ops! usiness Develop Board 1,000 1,000 $ 1,500 227 DELIVERY SERVICES 400 400 400 310 OFFICE SUPPLIES 500 500 500 340 CELLULAR PHONES 600 600 $ 1,200 Notes: Increased public notices for RFPs, notices related to redevelopment projects and submission of CRA Development projects to IDA, FRA. Cell phone increase reflects estimated rate for two Board members versus one in previous year. _15:. General Fund EXECUTIVE DE PARTMENT FY 2013.2014 FY 2014 -2015 Dept. 51230 Original Amended Year End Proposed Change inc SUMMAR Budget Budget Estimate Budget Amount % 100 PERSONNEL SERVICES $ 239,693 $ 242,509 $ 242,509 $ 270,735 $ 28,226 12% 115 AUTO ALLOWANCE $ - $ 3,000 $ 3,000 $ 3,000 ( $ - 0% 225 CONFERENCES, MEETINGS & SEMINARS $ 9 $ 9,000 $ 8,320 $ 9,320 $ 320 4% 226 MEMBERSHIP DUES $ 4,310 $ 4,310 $ 5,190 $ 5,2B5 $ 975 23% 227 DELIVERY SERVICES $ 750 $ 750 $ 750 $ 1 750 $ 0% 229 CAREER DEVELOPMENT $ 2,250 $ 2,250 $ 2,750 $ 3,200 $ 950 42% 310 OFFICE SUPPLIES $ 1,500 $ 1,560 $ 1,700 $ 2,504': $ 1,000 67% 315 POSTAGE $ 2,500 $ 2,500 $ 2,500 $ 2,500 $ 0% 340 CELLULAR PHONE $ 1,020 $ 2,062 $ 1,740 $ 1,980 $ (82) -4% 355 SUBSCRIPTIONS $ 605 $ 605 $ 605 $ 605 $ - 0% 360 BOOK & PUBLICATIONS $ 500 $ 500 $ 500 S 500 $ 0% 400 EQUIPMENT COSTS $ 2,000 $ 2,000 $ 1,000 $ 2,000 $ 0% $ 264,128 $ 270,986 $ 270,564 $ 342,375! Lk 3l,389 12% DETAIL 100 PERSONNEL SERVICES $ 239,693 $ 242,509 $ 242,509 $ 270,735 Salaries - Executive Director $ 118,450 $ 123,188 $ 123,188 $ 123,188 Development Services Specialist $ 55,878 $ 58,672 $ 58,672 $ 58,672 Marketing Events Eco. Devi. Asst. shared 173 $ - $ - $ $ 8,400 between Executive Office, Marketing, Special Events }{including taxes} 3% Merit Pool + Incremental Taxes + Retirement $ 6,414 $ - $ - $ 6,965 Benefits - Health $ 17,640 $ 17,640 $ 17,640 $ 21,168 Dental $ 728 $ 728 $ 728 $ 864 Vision $ 102 $ 102 $ 102 $ 115 Life & Long Term Disability $ 987 $ 987 $ 987 $ 1,078 Retirement Benefits $ 26,150 $ 27,279 $ 27,279 $ 36,372 FICATaxes $ 13,344 $ 13,913 $ 13,913 $ 13,913 115 AUTO ALLOWANCE $ - $ 3,000 $ 3,000 $ 3,000 225 _CONFERENCES, MEETINGS & SEMINARS $ 9,000 $ 9 ,000 $ 8,320 $ 9,320 Regional - Local Meetings $ 1,500 $ 1,500 $ 1,500 $ 1,500 National Conference $ 2,000 $ 2,000 $ 2,000 $ 2,500 State Conference $ 1,500 $ 1,500 $ 1,500 $ 2,000 FL League of Cities $ 2,000 $ 2,000 $ 2,000 $ 2,000 Mileage $ 2,000 $ 2,000 $ 1,320 $ 1,320 226 MEMBERSHIP DUES $ 4,310 $ 4,310 $ 5,190 $ 5,285 Urban Land Institute $ -� 600 $ � 600 $ 600 $ 600 American Planning Association (APA) $ 810 $ 810 $ 810 $ 810 Florida Redevelopment Association $ 1,000 $ 1,000 $ 1,000 $ 1,000 American Institute of Planners (AICP) $ 500 $ 500 $ 500 $ 500 Business Development Board $ 1,000 $ 1,000 $ 1,000 $ 1,000 Realtors Commercial Alliance $ - $ - $ 300 $ 350 NAIOP Commercial Real Estate Association $ - $ - $ 580 $ 625 Chamber of Commerce $ 400 $ 400 $ 400 $ 400 227 DELIVERY SERVICES $ 750 $ 750 $ 750 $ 750 229 CAREER DEVELOPMENT $ 2,250 $ 2,250 $ 2,750 $ 3,200 American Planning Association Cont. Prof. Ed. $ 1,250 $ 1,250 $ 1,250 $ 1,500 Florida Redevelopment Association Certification $ 1,000 $ 1,000 $ 1,500 $ 1,700 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,700 $ 2,500 315 POSTAGE $ 2,500 $ 2,500 $ 2 $ 2 346 CELLULAR PHONES $ 1,020 $ 2,062 $ 1,740 $ 1,980 355 SUBSCRIPTIONS $ 605 $ 605 $ 605 $ 605 Florida Trend $ 250 $ 250 $ 250 $ 250 South Florida Business Journal $ 130 $ 130 $ 130 $ 130 Downtown Promotions $ 225 $ 225 $ 225 $ 225 BOOK & PUBLICATIONS $ 500 $ 500 $ S00 $ 500 400 EQUIPMENT COSTS $ 2,000 $ 2,000 $ 1,000 $ 2,000 Notes: Increases tied to possible merit increases, incremental taxes and benefits cost increases, part time employee costs, commercial real estate association memberships, office supplies. -16- General Fund F INANCE 1 . FY 2013 -2014 FY 2014 -2015 Dept. 51325 Original Amended Year End Proposed i Change lncrl (Deer) S UMMARY Budget Budget Estimate Budget Amount % 100 PERSONNEL SERVICES $ 216,297 $ 222,160 222,160 $ 240,528 $ 18,368 8% 200 CONTRACTUAL EXPENSES 200 $ 200 $ 175 $ 200 $ - 0% 201 BANK FEES $ 1,000 $ 1,000 $ 1,000 $ 1,00{1 # $ - 0% 225 CONFERENCES, MEETINGS & SEMINARS $ 2,150 $ 2,150 $ 1,700 $ 5,150 $ 3,000 140% 226 MEMBERSHIP DUES $ 620 $ 620 $ 805 $ 820 i $ 200 32% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 ! $ - 0% 229 CAREER DEVELOPMENT $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ - 0% 310 OFFICE SUPPLIES $ 1,500 1,500 $ 2,000 $ _2,500 $ 1,000 67% 34 0 C PHONE 760 $ 780 $ 780 $ 780 $ - 0% 355 SUBSCRIPTIONS $ 1,100 1,100 $ 1,100 1,100' $ 0% 360 BOOK & PUBLICATIONS 700 $ 700 $ 700 $ 700 $ 0% 365 OFFICE PRINTING COSTS $ 300 $ 300 300 $ 300 ! $ 0% 230,147 $234,010 234,220 $ 256,578'; $22,568 10% Uh FAIL 100 PERSONNEL SERVICES $ 218,297 $222,160 222,150 240,528 Salaries - Finance Director $ 90,262 $ 94,775 $ 94,775 $ 94,775 Finance Specialist $ 67,200 $ 70,560 $ 70,560 $ 70,560 3% Merit Pool + Incremental Taxes + Retirement $ 5,794 $ - $ - $ 6,333 Benefits - Health $ 17,640 $ 17,640 $ 17,640 $ 21,168 Dental $ 728 $ 728 $ 728 $ 864 Vision $ 102 $ 102 $ 102 $ 115 Life & Lang Term Disability $ 907 $ 907 $ 907 $ 998 Retirement Benefits $ 23,619 $ 24,800 $ 24,800 $ 33,067 FICA Taxes $ 12,045 $ 12,648 $ 12,648 $ 12,648 200 CONTRACTUAL EXP $ 200 $ 200 $ 175 200 Florida Department of Economic Opportunity $ 200 $ 200 $ 175 $ 200 201 BANK FEES 1,000 $ 1,000 $ 1,000 $ 1,000 225 CONFERENCES, MEETINGS & SEMINARS $ 2,150 $ 2,150 1,700 5,150 Regional -Local Meetings $ 500 $ 500 $ 500 $ 500 lleagee _ _ _ _ _ $ 900 $ 90D $ 700 $ 900 Financial Systems Conference $ - $ - $ - $ 3,000 Budget Meeting $ 750 $ 750 $ 500 $ 750 226 MEMBERSHIP DUES 620 $ 620 $ 605 820 Florida Government Finance Officers Association $ 300 $ 300 $ 300 $ 300 Society for Human Resource anagement $ - $ - $ 185 $ 200 Government Finance Officers Association $ 320 $ 320 $ 320 $ 320 227 DELIVERY SERVICES $ 500 $ 500 500 $ 500 229 CAREER DEVELOPMENT 3,000 $ 3,000 $ 3,000 $ 3,000 Government Finance Officers Continuing Education & FRA Certification $ 3,000 $ 3,000 $ 3,000 $ 3,000 3 OFFICE SUPPLIES 1,500 1,500 $ 2,000 $ 2,500 340 CELLULAR PHONES $ 780 $ 780 $ 780 780 355 SUBSCRIPTIONS $ 1,100 1,100 1,100 $ 1,100 Financial Reporting Agencies $ 1,100 $ 1,100 $ 1,100 $ 1,100 360 BOOK& PUBLICATIONS 700 700 $ 700 700 365 OFFICE PRINTING COSTS $ 300 $ 300 300 $ 300 Blank Check Stock, 1099 Forms $ 300 $ 300 $ 300 $ 300 Notes: Increases tied to possible merit increases, incremental taxes and benefit cost increases, conference for financial systems, office supplies. -17- General Fund P LANNING FY 2013 -2014 FY 2014- 2015 Dept. 51440 Original Amended Year End Proposed Change IncrI(Decr) SUMMAR Budget Budget Estimate Budget Amount °� 100 PERSONNEL SERVICES $ 126,236 $ 126,236 $ 126,236 $ 136,538 ? $ 10,302 8% 225 CONFERENCES, MEETINGS & SEMINARS $ 5,320 $ 25,320 $ 23,820 $ 2,820 $ (22,500) -89% 226 MEMBERSHIP DUES $ 1,000 $ 1 1 $ 1 $ 800 80% 227 DELIVERY SERVICES $ 300 $ 300 $ 300 $ 300 $ - 0% 229 CAREER DEVELOPMENT $ 1 $ 1,500 $ 1,500 $ 4,204 $ 2,700 180% 310 OFFICE SUPPLIES 1 $ 1 $ 1,500 $ 1,500 $ 0% 340 CELLULAR PHONE $ 900 900 900 $ 900 $ 0% 360 BOOK & PUBLICATIONS 300 $ 300 300 $ 300 $ 0% 365 OFFICE PRINTING COSTS $ 3,500 $ 3,500 $ 3,500 $ 3,500 ! $ 0% $ 140,556 $ 160,556 $ 159,856 $ 151,658 i (8,698) -5% DE TAIL 100 PERSONNEL SERVICES $ 126,236 $ 125,236 $ 126,236 $ 136,538 Assistant Director $ 95,000 $ 95,000 $ 95,000 $ 95,000 3% Merit Pool + Incremental Taxes + Retirement $ - $ - $ - $ 3,638 Benefits - Health $ 8,820 $ 8,820 $ 8,820 $ 10,584 Dental $ 364 $ 364 $ 364 $ 432 Vision $ 51 $ 51 $ 51 $ 58 Life & Long Term Disability $ 483 $ 483 $ 483 $ 559 Retirement Benefits $ 14,250 $ 14,250 $ 14,250 $ 19,000 FICA Taxes $ 7,268 $ 7,268 $ 7,268 $ 7,268 225 CONFERENCES, M EETINGS & SEMINA $ 5,320 $ 25,320 $ 23,820 $ 2,820 Planning & Community Workshops & Economic Devi. Meetin $ 2,500 $ 12,500 $ 11,500 $ - Econoic Development Meetings $ 1,000 $ 11,000 $ 10,000 $ - Regional -Local Meetin $ 500 $ 500 $ 1,000 $ 1,500 Mileage $ 1,320 $ 1,320 $ 1,320 $ 1,320 276 MEMBERSHIP DUES $ 1,000 $ 1,000 $ 1,800 $ 1,800 Multiple Listing Service & Realtors Association $ 1,000 $ 1,000 $ 1,000 $ 1,000 Realtors Association of Palm Beaches $ - $ - $ 800 $ 800 227 T . DELIVERY SERVICES $ 300 $ 300 $ 300 $ 300 22g CAREER DEVELOPMENT $ 1,500 $ 1,500 $ 1,500 $ 4,200 Florida Redevelopment Association Certification $ 1,500 $ 1,500 $ 1,500 $ 1,700 Redevelopment Financing $ - $ - $ $ 2,500 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1 340 CELLULAR PHONES $ 900 $ 900 $ 900 $ 900 360 BOOK& PUBLICATIONS $ 300 $ 300 $ 300 $ 300 365 OFFICE PRINTING COSTS $ 3,500 $ 3,500 $ 3,500 $ 3,500 Notes: Departmental reduction due to redevelopment meeting costs moved to Project Fund in FY14 -15. Increases for possible merit increases, incremental taxes and benefit cost increases, conference for redevelopment financing. -18- General Fund MARKETING & BUSINESS DEVELOPMENT FY2013 -2014 FY 2014.2015( Dept. 57400 Original Amended Year End Proposed Change Incrl (Decd SUMMARY I Budget Budget Estimate Budget Amount % 100 PERSONNEL SERVICES $103,288 $ 106,354 $106,354 $ 92,147 ; $ (14,206) -13% 216 ADVERTISING $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 0% 218 MARKETING & BUSINESS DEV'L. COLLATERAL $ 5,000 $ 5,400 $ 5,000 $ 5,000i'' $ 0% 225 CONFERENCES, MEETINGS & SEMINARS $ 3,820 $ 3,820 $ 3,320 $ 4,026 $ 200 5% 226 MEMBERSHIP DUES $ 825 $ 825 $ 2,025 $ 3,325 $ 2,500 303% 227 POSTAGE $ 5,000 $ 5,000 $ 3,500 $ 5,000'' $ 0% 229 CAREER DEVELOPMENT $ 1,500 $ 1,500 $ - $ 1,500 ; $ 0% 236 PHOTOGRAPHY & VIDEOS $ 15,000 $ 15,000 $ 15,000 $ 15,000' $ 0% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500': $ 0% 340 CELLULAR PHONE $ 1,060 $ 1,080 $ 1,080 $ 960i' $ ( 120) -11% 355 SUBSCRIPTIONS $ 1,025 $ 1,025 $ 1,150 $ 1,000'',' $ ( 25) -2% 365 OFFICE PRINTING COSTS $ 6,000 $ 6,000 $ 6,000 $ 6,000'i $ - 0% $150,038 $ 153,104 $150,929 $ 141,452' $ 11,651 -8% DETAIL 100 PERSONNEL SERVICES $103,288 $ 106,354 $ 106,354 $ 82,147 Salaries - Marketing & Business Development Specialist $ 55,000 $ 55,000 $ 55,000 $ 55,000 arketinglEventslEco. Devi. Asst. (shared 113 $ 17,500 $ 20,000 $ 20,000 $ 8,395 between Executive Office, Marketing, Special Events)(including taxes} 3% Merit Poor+ Incremental Taxes + Retirement $ - $ - $ - $ 2,106 Benefits - Health $ 13,230 $ 13,230 $ 13,230 $ 10,584 Dental $ 546 $ 546 $ 546 $ 432 Vision $ 77 $ 77 $ 77 $ 58 Life & Long Term Disability $ 513 $ 513 $ 513 $ 364 Retirement Benefits $ 10,875 $ 11,250 $ 11,250 $ 11,000 FICA Taxes $ 5,547 $ 5,738 $ 5,738 $ 4,208 177 i 16 _ ADVERTISING $ 6,000 $ 6,000 $ 6,006 $ 6,000 218 MARKETING & BUSINESS DEV1 COLLATERAL $ 5,000 $ 5,000 $ 5,000 $ 5,000 225 _ CONFERENCES, MEETINGS & SEMINARS $ 3,820 $ 3,820 $ 3,320 $ 4,020 Regional -Local Meetings $ 1,000 $ 1,000 $ 500 $ 1,000 FRA Conference $ 1,500 $ 1,500 $ 1,500 $ 1,700 Mileage $ 1,320 $ 1,320 $ 1,320 $ 1,320 2261 MEMBERSHIP DUES $ B25 $ 825 $ 2,025 $ 3,325 Visit Florida $ 425 $ 425 $ 425 $ 425 Gold Coast PR Council $ 75 $ 75 $ 75 $ Palm Beach County Convention & Visitors Bureau (represents 50% of cost to be shared with Gily} $ - $ - $ $ 1,700 International Downtown Association (IDQ) $ - $ - $ 1,200 $ 1,200 Public Relations Society of America $ 325 $ 325 $ 325 $ - 227 POSTAGE $ 5,000 $ 5,000 $ 3,500 $ 5,000 229 DEVELOPMENT $ 1,500 $ 1,500 $ $ 1,500 FL Festivals & Events Training $ 1,500 $ 1,500 $ $ - 1,500 236 j PHOTOGRAPHY, VIDEOS, PROMOTIONAL $ 15,000 $ 15,000 $ 15,000 $ 15,000 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 340 CELLULARPfONES $ 1,080 $ 1,080 $ 1.080 $ 960 355 SUBSCRIPTIONS $ 1,025 $ 1,025 $ 1,150 $ 1,000 Palm Beach Post $ 225 $ 225 $ 275 $ 300 Sun - Sentinel $ 275 $ 275 $ 300 $ 350 Wail Street Journal $ 250 $ 250 $ 300 $ 350 PR Week $ 275 $ 275 $ 275 $ - 365 PRINTING COSTS $ 6,000 $ 6,000 $ 6,000 $ 6,000 Notes: Departmental reduction due to MarketinglEvent(Economic Development Assistant positon shared between 3 departments and part-time position (formerly full -time position). Increase in membership dues related to Palm Beach County Convention & Visitor Bureau (shared with City). -19- General Fund V SPEC IAL FY 2013 -2014 FY 1 -2015 Dept. 57500 Original Amended Year End Proposed Change Incrl(eor) SUMMARY Budget Bu Estimate Budget Amount % 100 PERSONNEL SERVICES $123,450 $ 125,605 $ 94,988 $ 92,223 $ (33,382) -27% 225 CONFERENCES, MEETINGS & SEMINARS $ 4,800 4,800 $ 4,060 $ 4,2 $ (540) -11% 226 MEMBE DUES 425 $ 425 $ 425 $ 3 $ (75) -18% 229 CAREER DEVELOPMENT $ 1,500 1,500 1,7 $ 1,750 !, $ 250 17% 310 OFFICE SUPPLIES 1,500 $ 1,500 $ 1,500 $ 1,500 $ - 0% CELLULAR PHONE $ 1,680 $ 1,680 $ 1,080 $ ,960 $ (720) -43% 355 SUBSC 2 $ 2 $ 2 $ 250 $ - 0% 400 EQUIPMENT 2,500 $ 2,500 2,500 "$ 20,000 $ 17,500 700% $136,105 $ 138,260 $106,553 $ 121,293 16,967 -1% DETAIL 100 PERSONNEL SERVICES $123,450 $ 125,605 94,988 $ 92,223 Salaries - Special Events Director $ 69,295 $ 70,618 $ 40,000 $ - Special Events Coordinator $ - $ - $ - $ 55,000 ar etin vents co. Devi. Asst. (share between Executive Office, Marketing, Special vents)(lnclu ding taxes) $ 17,500 $ 20,000 $ 20,000 $ 8,395 Merit Pool + Incremental Taxes + Retirement $ 2,547 $ - $ - $ Benefits - Health $ 13,230 $ 13,230 $ 13,230 $ 10,584 Dental $ 546 $ 546 $ 546 $ 432 Vision $ 77 $ 77 $ 77 $ 58 Life & Long Term Disili _ $ 610 $ 610 $ 610 $ 440 Retirement Benefits $ 13,010 $ 13,593 $ 13,593 $ 13,106 FICA Taxes $ 6,635 $ 6,932 $ 6,932 $ 4,208 225 C FENCES, MEETINGS & SEMINARS 4,800 $ 4,800 $ 4,060 $ 4,260 R Tonal -Local Meetings $ 1,000 $ 1,000 $ 1,000 $ 1,000 FRA Conferen $ 1,700 $ 1,700 $ 1,500 $ 1,700 Mileage $ 2,100 $ 2,100 $ 1,560 $ 1,560 226 MEMBERSHIP DUES $ 425 $ 425 $ 425 3 Florida Festivals & Events $ 325 $ 325 $ 325 $ 350 Gold Coast PR Council $ 100 $ 100 $ 100 $ - 229 CAREER DEVEL ENT $ 1,500 1,500 $ 1,7 $ 1,7 FL Festivals & Events Training $ 1,500 $ 1,500 $ 1,750 $ 1,750 310 OFFICE SUPPLIES 1,500 $ 1,500 1,500 1,500 340 CELLULAR PHONES $ 1,680 $ 1,680 1,080 960 355 SUBSCRIPTIONS $ 2 $ 2 $ 400 EQUIPMENT & EVENT SUPPORT 2,500 2,500 2,500 20,000 Notes: Departmental reduction due primarily to reclassification of Special Events position. Increase in Events Support, formerly budgeted in Buildings & Maintenance in FY13 -14. -20- Berl Fund IN SURANCES FY 2013 -2014 FY 2014 -2015 Dept. 51410 Original ended I Year End Proposed Change Incrl(Decr) SUMMARY Budget I Budget Estimate Budget Amount % 200 CO EXPENSES $ 11,350 $ 1,250 $ 4,830 $ $ (1,250) -100% 213 GENERALPROPERTYCOVERAGE $ 133,500 $ 99,450 $ 90,516 $ 109,500 $ 10,050 10% 214 EMPLOY FIDELITY COVERAGE $ 1,000 $ - $ - $ $ - 0% 154 OTHERINSURANCES $ 21,000 $ 21,000 $ 21,000 $ 22,000 $ 1,000 5% $ 166,850 $ 121,700 $ 116,346 $ 131;500! $ 9,800 8% NEENEm SEEN= TAIL 200 1 CONTRACTUAL EXPE $ 11,350 1,250 $ 4,830 $ ency Fee $ - $ - $ - $ Computers & Software Policy $ 1,600 $ - $ - $ Included in line 213 Marina Fuel Tank Coverage (2 -yr. policy, expires 02 -06 -2016) $ 1,250 $ 1,250 $ 4,830 $ Separate Policy Special Events & Concerts Policy $ 3,500 $ - $ - $ Included in line 213 Flood Insurance $ 5,000 $ - $ - $ 213 PROPERTY & LIABILITY COVERAGE $ 133,500 99,450 $ 90,516 $ 109,500 Includes: Property, General Liability (including Auto & Special Events), Fuel Building (Inland Marina), Public Officials & Employment Practices Liability, Employee Crime and $ 126,000 $ 71,607 $ 71,673 $ 80,000 Computer Fraud, Cyber Liability & Privacy Crisis Management Expense Citizens Windstorm Policy $ - $ 10,379 $ 10,379 $ _ 12,000 Construction Policies $ 7,500 $ 15,000 $ 6,000 $ 10,000 Policy Contingencies $ - $ 2,464 $ 2,464 $ 7,500 214 EMPLOYEE FIDELITY COVERAGE $ 1,000 $ - $ - $ - Included in line 213 Money & Security Insurance - Crime and Computer Fraud OTHER INSURANCES 21,000 $ 21,000 21,000 22,000 59000 -153 Retirement Plan Fees is 1,000 1,000 $ 1,000 $ 1,000 59000 -154 Workers Comp Insurance $ 2,500 $ 2,500 2,500 $ 3,500 Separate Policy 59000 -159 Unemployment Payments $ 2,500 $ 2,500 $ 2,500 $ 2,500 59000 -161 Leave Payouts $ 15,000 $ 15,000 $ 15,000 $ 15,000 Notes; Increases due to carrier estimate of 5% overall increase, addition of new Marina building, parking lot structures, windstorm coverage Increases. -21- General Fund PROFESS SERMCES FY 2013 -2014 FY 2014- 2015' Dept. 51420 Original Amended Year End Proposed Change Incrl(Decr) SUMMARY Budget Budget Estimate Budget Amount % 200 CONTRACTWIL SERVICES $ 137,000 $ 137,000 $ 122,000 147,0001 $ 10,000 7% 201 LEGAL SERVICES $ 60,000 $ 100,000 $ 100,000 $ 100,000`' $ - 0% 204 OTHER PROFESSIONAL FEES $ 15,000 $ 15,000 $ 15,000 15,000 $ - 0% $ 212,000 252,000 $ 237,000 $ 262,000 10,000 5% D ETAIL 200 CONTRACTUAL EXPENSES $ 137,000 $ 137,000 122,000 $ 147,000 Audit Services $ 18,500 $ 18,500 $ 18,500 $ 18,500 Marina Audit & Tax Compliance $ 15,000 $ 15,000 $ 10,000 $ 15,000 Bond Indenture Compliance & Bond Continuing Disclosure Dissemination Services $ 15,000 $ 15,000 $ 5,000 $ 20,000 Financial Services $ 30,000 $ 30,000 $ 30,000 $ 30,000 ebsite Hosting and Related Services $ 15,000 $ 15,000 $ 15,000 $ 15,000 ebsite - Design & Maintenance $ 20,000 $ 20,000 $ 20,000 $ 15,000 Personnel Services $ 20,000 $ 20,000 $ 20,000 $ 20,000 Economic Development Financial Assessment $ 3,500 $ 3,500 $ 3,500 $ 3,500 Record Retention/Document Management $ $ - $ - $ 10,000 201 LEGAL SERVICES $ 60,000 100,000 $ 100,000 100,000 204 OTHER PROFESSIONAL FEES 15,000 $ 15,000 $ 15,000 $ 15,000 Fire Inspections $ 500 $ 500 $ 500 $ 500 City HR I $ 14,500 $ 14,500 $ 14,500 $ 14,500 Notes: Increase in Professional Services due to Document Management and Bond Dissemination Services. -2- G eneral Fu BUILD INGS 2013 -2014 FY 2014 -2015 et.510 Original Year End Proposed Change icrl( ecr] SUMMARY B udget Estimate Bu Amount % 200 CONTRACTUAL EXPENSES 2,500 2,500 3;500 1,000 40% 201 PROPERTY TAXES & ASSOCIATION DUE $ 75,000 $ 75,000 $ 85,000 < $ 10,000 13% 205 RENTAL OF OFFICES $ 87,000 $ 87,000 $ 89,000 $ 2,000 2% EQU IPMENT LEAS $ 10,000 $ 10,000 $+ 20,200 $ 10,200 102% 2 09 PRO I T C COSTS $ 188,527 $ 188,527 $' 225,000 $ 36,473 19% 224 SIGNAGE $ 15,000 $ 15,000 $ 20,000 $ 5,000 33% 325 ELECTRIC COSTS $ 10,000 $ 10,000 ' 15,000 $ 5,000 50% 3 WATER COSTS $ 7,000 $ 12,000 $' 15,000 $ 8,000 114% $ 395,027 $400,027 472,700 77,673 0% DETAIL 200 CONTRACTUAL EXPENSES $ 2,500 $ 2,500 $ 3,500 Alarms & Pest Control 201 PROPERTY ES & AS DUES $ 75,000 $ 75,000 $ 85,000 205 RENTAL OF OFFICES $ 87,000 $ 87,000 89,000 710 N. Federal Hwy 82,000 82,000 $ 85,000 Storage Facilities $ 5,000 $ 5,000 $ 4,000 208 EQUIPMENTLEASES 10,000 10,000 20,200 Copiers 10,000 $ 10,000 10,000 Vehicle Lease/Maintenance/Fuel - - $ 10,200 209 PROPERTY MAINTENANCE COSTS 188,527 188,527 225,000 G eneral Repairs $ 25,000 25,000 $ 25,000 Janitorial Services $ 15,000 $ 15,000 $ 15,000 Propeq Maintenan $ 103,527 103,527 $ 160,000 Hurricane) rope Contingency 25,000 25,000 $ 25,000 Maintenance Support related to Special Events $ 20,000 $ 20,000 $ - 177224 SIG A E 15,000 15,000 20,000 325 ELECTRICITY COSTS 10,000 10,000 $ 15,000 320 7E WATER COSTS $ 7,000 $ 12,000 15,000 Notes: Increases due to 222 Federal Highway landscaping, new Harbor Master Building landscaping, parking lots and associated electric and water charges; increases in property taxes, Marina association dues, vehicle lease, 211 repairs. G eneral Fund V MARINA FY 2013 -2014 FY 2014-2015 De pt. 51630 Original Year End Proposed Change Incri( ecr) SUMMARY B u dg et Estimate Bu _ Amount % 200 CONTRACTUAL EXPENSES $ 500 $ 500 $ 580 $ 80 16% 209 PROPERTY MAINTENANCE TS $ 35,800 $ 35,800 37,800 $ 2,000 6% 241 MARINA MANAGEMENT CONTRACT $ 158,000 $ 158,000 $ 158,000 - 0% 242 FUEL STATION E $ 34,200 $ 34,200 28,360 $ (5,840) -17% 310 OFFICE SUPPLIES 500 $ 500 $ 500 $ - 0% 325 ELECTRIC STS $ 15,400 $ 15,400 $ 14,160 $ (1,240) -8% 326 WATER CHARGES $ 2,100 $ 2,100 $', 3,600 $ 1,500 71% 327 GASOLI & DEISEL CHARGES $ 741,500 $ 741,500 $ 745,000 $ 3,500 0% D IESEL SALES T $ 12,000 12,000 12,000 $ - 0% 1,000,000 $1,000,000 $ 1,000,000 DETAI 00 CONTRACTUAL EXPENSES Sea Spill Contract 500 $ 500 $ 580 209 P AI TEA E COSTS $ 35,800 $ 35,800 37,800 Trash Removal &Janitorial Services $ 9,100 $ 9,100 $ 9,100 M arina Maintenanc $ 26,700 26,700 $ 28,700 241 INA MANAGEMENT CONTR 158,000 158,000 $ 158,000 242 TIO S - Me rchant FeeslBu ildinglPhone $ 34,200 34,200 $ 28,360 310 O FFICE SUPPLIES $ 500 $ 500 $ 500 325 ELECTRI STS $ 15,400 $ 15,400 14,160 326 WATER CHARGES $ 2,100 $ 2,100 $ 3,600 327 GASOLINE & DEISEL CHARGES $ 741,500 $ 741,500 $ 745,000 328 DIESEL SALES TAX $ 12,000 $ 12,000 $ 12,000 -2- G _INFORMATION TECHNOLOGY FY 2013 -2014 FY 2014 -2015 D ept. 51650 Original Year End Proposed Change Incr1( ecr) SUMMARY B udget I Estimate Budget i Amount % 200 CONTRACTUALEXPENSES $ 3,000 $ 3,000 $ 3,000 - 0% 210 CITY IT SUPPORT $ 24,000 $ 24,000 $ 25,000 $ 1,000 4% 211 COMPUTER SOFTWARE & LICENSES $ 1,200 $ 1,200 $ 1 $ 300 25% 212 FINANCI SOFTWARE MAINTENANCE 8,500 $ 8,500 $ 9,000 $ 500 6% 330 T LINES $ 6,000 $ 7,000 $ 8,560 2,560 43% 400 EQUIPMENT COSTS $ 9,750 $ 9,750 7,000 $ (2,750) -28% $ 52,450 $ 53,450 $ 54,0601$ 1,610 3% DE 200 CONTRACTUAL EXPENSES 3,000 $ 3,000 $ 3,000 Financial Accounting Software Updates $ 1,000 $ 1,000 $ 1,000 M ainten a nce of Phone System $ 2,000 $ 2,000 $ 2,000 210 IT SUPPORT $ 24,000 $ 24,000 $ 25,000 211 COMPUTER SOFTWARE & LICENSES $ 1,200 $ 1,200 $ 1,500 212 FINANCIAL SOFTWARE MAINTENANCE= =$ 8,500 8,500 9,000 33 TELEPHONE SYSTEM & DATA LINES 6,000 7,000 8,560 4 0 EQUIPMENT COSTS $ 9,750 $ 9,750 7,000 Notes: Decrease in equipment costs due to new server installation in FY13 -14. Increases in financial software maintenance, data lines, and IT support per new ILA. - G en e r a l Fund FY 2012 -2013 FY 2013 -2014; CON TINGENCY ACCOUNT Original Year End Proposed Change Incr!(Decr) Dept. 51990 Budget Estimat0 Budget Amount 200 CONTRACTUAL XPE E Contingencies $ 25,000 25,000 $ 25,000 -6- Boynton Beach CRA P roject Fund - Budget Summary FY 2013 -2014 2014 -2015 Proposed vs. 2013 -2014 Original Amended Year End Proposed Increasel(Decrease) FUNDING SOURCES Budget Budget I Estimate Budget Amount % 2. Rollover - FY 2011 -2012 - Components: Old High School (reallocated for new projects in FY13 -14) 36,050 36,050 36,050 $ (36,050) -100% Marina - Entry Sign at BBB & Federal (reallocated for new projects in FY 13 -14) 92,145 92,145 92,145 $ (92,145) -100% Sub -Total Rollover FY 2011 -2012 $ 128,195 $ 128,195 $ 128,195 $ $ (128,195) -100% 3. Rollover - FY 2012 -2013 - Components: 211 E. Ocean Ave. - Renovation Grant $ 186,795 $ 186,795 $ - 186,795 $ 0% Marina - Phase 2 1,280,700 1,280,700 1,223,696 57,004 $ 1,223,696 100% Parking Redevelopment 428,395 428,395 428,395 _ $(428,395)- 100 %_ Economic Development Grants 150,000 150,000 150,000 $ (150,000) -100% HAP - Shortsale Proceeds 17,500 17,500 17,500 $ (17,500) -100% Sub -Total Rollover FY 2012 -2013 $ 2,063,390 $ 2,063,390 $ 1,819,591 $ 243,799 $ (1,819,591) -88% 4. Rollover - FY 2012 -2013 - Budget Amendment #2 - Resolution No. 14-02 - Approved by CRA Board` 02/11/2014 Special Events $ - $ 62,275 $ 62,275 $ (62,275) -100% Marketing Program - Downtown $ $ 5,665 $ 5,665 $ (5,665) -100% Sub -Total Rollover Fund Balance Allocation FY 2012 -2013 $ $ 67,940 $ 67,940 $ $ (67,940) -100% Rollover - FY 2013 -2014 - Components: OHS demolition reallocated to Town $ 175,000 $ 175,000 100% Square Project in FY14 -15 Boynton Beach Blvd. Design $ 226,610 $ 226,610 100% Properly Purchases ($165,000 of total reallocated for other projects in FY14 -15) $ 955,024 $ 955,024 100% Wayfinding Sign for Art District $ 25,000 $ 26,000100% Entry Signage - Federal Highway $ 65,850 $ 65,850 100 % Marina - Phase 2 $ 319,300 $ 319,300 100% Parking & Street Enhancement -NE 4th St. $ 46,617 $ 46,617 100% Tree Lighting Project - Ocean Avenue $ 55,393 $ 56,393 100% Economic Development Grants $ 150,000 $ 150,000 100% Sub -Total Rollover FY2013 -2014 $ $ $ $ 2,019,794 $ 2,019,794 100% Sub -Total Rollovers - All Years $ 2,191,585 $ 2,259,525 $ 2,015,726 $ 2,263,593 $ 4,068 0% Transfers In from General Fund Other Financing Sources/Transfers In $ 3,846,270 4,456,732 4,456,733 3,854,480 $ (602,252) -14% Total Revenues and Transfers In $ 6,037,855 $ 6,716,257 $ 6,472,459 $ 6,118,073 __I ____L598,184 -9% FY 2013 -2014 2014 -2015 Proposed vs. 2013 -2014 EXPENSES Original Amended Year End Proposed Increase! Decrease apartment Name Bud et Budget Estimate Bud t _ mount Operating Expenses Contingency $ 75,000 $ 75,000 $ 75,000 S 75,000 $ - 0% Professional Services 380,000 308,000 81,390 511,610 $ 203,610 66% Legal Services 25,000 62,208 100,000 150,000 $ 87,792 141% Sub -Total $ 480,000 $ 445,208 $ 256,390 $ 736,610 $ 291,402 65% Capital Outlay Property Purchases $ 1,279,970 $ 1,581,139 $ 626,115 $ 790,024 $ (791,115) 100% Improvements 125,000 125,000 34,150 215,850 $ 90,850 73% Construction in Progress 2,315,190 2,398,275 1,788,559 1,512,921 $ (885,354) -37% Site Work & Demolition Fees 25,000 200,000 25,000 100,000 $ (100,000) -50% Infrastructure & Streeiscape 213,195 285,195 228,802 889,168 $ 603,973 212% Sub -Total $ 3,958,355 $ 4,589,609 $ 2,702,626 $ 3,507,963 $ (1,081,646) -24% Economic Development Programs Economic Development Grant Programs 300,000 300,000 150,000 150,000 (150,000) -50% Marketing Program - Downtown 95,000 100,665 100,665 120,000 $ 19,335 19% DIFA- Economic Development 927,500 941,500 941,500 1,182,500 $ 241,000 26% Sub -Total $ 1,322,500 $ 1,342,165 $ 1,192,165 $ 1,452,500 $ 110,335 8% Projects & Programs Community Support Projects $ 2,000 $ 2,000 $ 2,000 $ 100,000 $ 98,000 4900% Special Events 275,000 337,275 337,275 321,000 (16,275) -5% Total Project Fund Expenses $ 6,037,8 $ 6,7 16,2 57 $ 4,4 $ 6,118,073 $ {598,184) -9% -27- Project Fund OPERATING EXPENSES FY 2013 -2014 2014- 2015 , Dept. 58100 Original Amended Year End Proposed Change Incrl Decr SUMMARY Budget Budget Estimate Budget Amount % 202 CONTINGENCY $ 75,000 $ 75,000 $ 75,000 75,000 $ - 0% 203 PROFESSIONAL SERVICES $ 380,000 $ 308,000 $ 81,390 $ 511,610 $203,610 66% 213 LEGAL SERVICES $ 25,000 $ 62,208 $ 100,000 $ 150,000 $ 87,792 141% $ 480,000 $ 445,208 $ 256,390 "$ 736,610 1$291,402 65% Funding Source DETAIL Rollover FY14 -15 202 CONTINGENCY 75,000 $ 75,000 75,000 $ 75,000 $ - $ 75,000 203 PROFESSIONAL SERVICES _ 380,000 $ 308,000 $ 81,390 511,610 Surveys & Appraisals $ 35,000 $ 35,000 $ 35,000 $ 50,000 $ $ 50,000 Architectural Design Assistance $ 40,000 $ 40,000 $ 40,000 $ 75,000 $ $ 75,000 Plan Updates - Federal Highway Corridor Downtown Master Plan $ $ - $ - $ 160,000 $ $ 160,000 B oynton Beach Boulevard - Design $ 305,000 $ 233,000 $ 6,390 $ 226,610 $ 226,610 $ - 213 LEGAL SERVICES 25,000 $ 62,208 $ 100,000 $ 150,000 $ - $ 150,000 Notes: Increases due primarily to Plan Updates and legal fees. -28- Project Fund CAPITAL OUTLAY FY 2013 -2014 2014 -2015 Dept. 58200 Original Amended Year End Proposed Change Incr1(Decr) SUMMARY Budget Budget Estimate Budget Amount %® 401 PROPERTY PURCHASES $ 1,279,970 $ 1,581,139 $ 626,115 $ 790,024 $ (791,115) 100% 402 IMPROVEMENTS 125,000 $ 125,000 $ 34,150 $ 215,850 $ 90,850 73% 404 CONSTRUCTION IN PROGRESS $ 2,315,190 $2,398,275 $ 1,788,559 $ 1,512,921 $ (885,354) -37% 405 SITE WORK & DEMOLITION FEES 25,000 $ 200,000 $ 25,000 $ 100,000 $ (100,000) -50% 406 INFRASTRUCTURE & STREETSCAPE $ 213,195 $ 285,195 $ 228,802. $ 889,168: $ 603,973 212% $ 3,958,355 $ 4,589,609 $ 2,702,626 $3,507,963 '; $ (1,081,646) % DE TAIL Funding Source Rollover FY14 -15 401 PROPS TYPURCHASES (a) $ 1,279,970 $ 1,581,139 $ 626,115 $ 790,024 $ 790,024 $ - 402 IMPROVEMENTS $ 125,000 125,000 34_,150 215,850 Wayflnding Sign for Art District $ 25,000 $ 25,000 $ - $ 25,000 $ 25,000 $ - Sara Sims Playground Equipment $ - $ - $ - $ 25,000 $ - $ 25,000 Entry Sinage at North & South Federal Hwy. $ 100,000 $ 100,000 $ 34,150 $ 165,850 $ 65,850 $ 100,000 404 CONSTRUCTION IN PROGRESS $ 2,315,190 $ 2,398,275 $ 1,788,559 $ 1,512,921 Marina - Phase 2 $ 1,600,000 $ 1,600,000 $ 1,223,696 $ 376,304 $ 376,304 $ - arina - Open Space Construction Southern Drive Lane Repair and Resurface $ - $ - $ - $ 700,000 $ - $ 700,000 211 E. Ocean - Renovation Grant $ 186,795 $ 186,795 $ - $ 200,000 $ 186,795 $ 13,205 Dewey Park Stage & Light Enhancement $ - $ - $ - $ 25,000 $ $ 25,000 Parking & Street Enhancement - NE 4th $ 528,395 $ 611,480 $ 564,863 $ 211,617 $ 136,617 $ 75,000 405 SITE WORK & DEAfOLITION (b} $ 25,000 $ 200,000 $ 25,000 $ 100,000 $ $ 100,000 406 INFRASTRUCTURE STEETSCAPE $ 213,195 $ 285,195 $ 228,802 $ 889,168 Ocean Breeze West Housing Subsidy $ 60,000 $ 132,000 $ 132,000 $ - $ $ - Town Square Project (b) $ 61,050 $ 61,050 $ 61,050 $ 500,000 $ 175,000 $ 325,000 North Federal i h ay /FEC Corridor $ - $ - $ - $ 132,775 $ 50,000 $ 82,775 Landscape Tree Lighting Project - Ocean Avenue $ 92,145 $ 92,145 $ 35,752 $ 256,393 $ 56,393 $ 200,000 (a) A portion of the total rollover of $955,024 from FY13 -14 reallocated to other projects as follows: 1. North Federal Highway /FEC Corridor Landscape - $25,000 2. Parking - NE 4th Street - $90,000 3. Woman's Club Historic Grant Match - $25,000 (b) Old High School demolition of $175,000 in FY13 -14 reallocated to Town Square Project and $325,000 additional from FY14 -15 for a total of $500,000. -29- Project Fund ECONOMIC DEVELOPMENT A FY 2013 -2014 2014 -2015 Dept. 58400 Original Amended Year End Proposed Change Incrl Decr SUMMARY I Budget Budget I Estimate Budget Amount % 444 ECONOMIC DEVELOPMENT GRANTS $ 300,000 $ 300,000 $ 150,000 '$ 150,000 $ (150,000) -50% 445 MARKETING INCENTIVE PROGRAM $ 95,000 $ 100,665 $ 100,665 $ 120,000 $ 19,335 19% 443 DIRECT INCENTIVE FUNDING AGREEMENTS DIFA $ 927,500 $ 941,500 $ 941,500 $1,182,500 $ 241,000 26% $ 1,322,500 $ 1,342,165 $ 1,192,165 $1,452,500 s 1 $ 110,335 8% DE TAIL Funding Source Rollover FYI 4-15 c D evelopmeni Pro-grams (C ommercia l Fagade, Construction, Interior Build -Out, Rent 444 Subsid $ 300,000 $ 300,000 $ 150,000 $ 150,000 $ 150,000 $ 445 Marketing Program - Downtown $ 95,000 $ 100,665 $ 100,665 $ 120,000 $ $ 120,000 443 DIRECT INCENTIVE FUNDING AGREE EWS $ 927,500 $ 941,500 $ 941,500 $1,182,500 DIFA - The PreservelComerstone (Year 1 of 10) $ 110,000 $ 112,000 $ 112,000 $ 100,000 $ $ 100,000 DIFA - Seabourn Cove - Phase 1 (Year 2 of 10) $ 340,000 $ 345,000 $ 345,000 $ 360,000 $ $ 360,000 DIFA - Seabourn Cove - Phase 2 (Year 1 of 10) $ - $ - $ - $ 165,000 $ $ 165,000 DIFA - Casa Costa (Year 5 of 10) $ 410,000 $ 415,000 $ 415,000 $ 485,000 $ $ 485,000 DIFA - al -Mart (Year 3 of 10) $ 45,000 $ 47,000 $ 47,000 $ 50,000 $ $ 50,000 Wal -Mart Brownfield Payment (Year 4 of 4) $ 22,500 $ 22,500 $ 22,500 $ 22,500 $ $ 22,500 Notes: Increases primarily related to addition of DIFA payment for Seabourn Cove -Phase 2, new Marketing programs. -30- Project Fund V PROJECTS & PROGRAMS FY 2013 -2014 2014 -2015 Dept. 58500 Original Amended Year End Proposed ' Change IncE/ Decr SUMMARY Budget Budget Estimate Budget Amount % 470 COMMUNITY SUPPORT PROJECTS 2,000 2,000 2,000 100,000 98,000 100% 480 SPECIAL EVENTS $275,000 $ 337,275 $ 337,275 321,000 16,275 -5% $ 277,000 $ 339,275 $ 339,275 421,000 $ 81,725 24% E - DETAIL Funding Source Rollover FY14 -15 470 COMMUNITY SUPPORT PROJECTS $ 2,000 $ 2,000 $ 2,000 $ 100,000 Heritage Trail Creation & Interactive Online Map $ 2,000 $ 2,000 $ 2,000 $ - Woman's Club Historic Match Grant $ - $ $ - $ 50,000 $ 25,000 $ 25,000 Planning, Community and Economic $ - $ $ $ 30,000 $ $ 30,000 Development Workshops & Meetings Business Incubator Support $ - $ - $ - $ 20,000 $ $ 20,000 480 = SPECIAL EVENTS $275,000 $ 337,275 $337,275 $ 321,000 $ $ 321,000 Holiday Extravaganza $105,000 $ 105,000 $ 105,000 $ 85,000 - Parade $ 25,000 $ 25,000 $ 25,000 $ 25,000 -Tree, Lighting, Holiday Decorations $ 20,000 $ 20,000 $ 20,000 $ 31,000 Concert $ 60,000 $ 60,000 $ 60,000 $ 29,000 Haunted Pirate Fest& Mermaid Splash $102,500 $ 102,500 $ 102,500 $ __ 125,000 Other Events $' 67,500 $ 67,500 $ 67,500 $ 111,000 - Music on the Rock Concerts $ 15,000 $ 15,000 $ 15,000 $ 24,000 - Holiday Boat Parade $ 9,000 $ 9,000 $ 9,000 $ 12,000 - Movies in the Park $ 10,000 $ 10,000 $ 10,000 $ 21,000 - Food Truck Invasion and Music Fest $ - $ - $ - $ 12,500 - St. Patrick's Day Celebration $ - $ $ - $ 15,000 Kid's Earth Day Event $ - $ $ - $ 6,500 - Community Farmers Market $ 3,500 $ 3,500 $ 3,500 $ - Catch A Dance $ 10,000 $ 10,000 $ 10,000 $ - Special Events Grant Program $ 20,000 $ 20,000 $ 20,000 $ 20,000 Budget Amendment #2 - Resolution No, 14 -02 Re Pirates Prepaids for October 2013 Event $ 62,275 $ 62,275 $ - Notes: Increase due to Community Support Projects: Woman's Club Historic Matching Grant, Community Meetings formerly budgeted in General Fund and Business Incubator Support. ®31 Boynton Beach CRA Debt Service Fund - Budget Summary Change Incr!( cr) 2013 -2014 2014-2015 Prior Year vs FY 1 -15 Dept. # Funding Sources Bu Budget Amount 49900 Transfers In from General Fund $ 1,519,178 $ 2,301,853 782,675 52% Debt Service Reserve Fund Allocation $ 780,000 - (780,000) 0% 2,29 ,178 2,301,853 $ 2,675 0% Dept.# Expenses Bank of America Loan 59800 -810 Loan Principal $ 261,043 $ 276,211 15,168 6% 59800 -820 Loan Interest $ 43,795 $ 28,627 (15,168) -35% Sub -Total $ 304,838 $ 304,838 0 0% Series 2004 & Series 2005 Bonds - Unrefunded 59800 -811 Principal $ 750,000 $ - (750,000) -100% 59800 -821 Interest $ 30,000 $ - (30,000) -100% Sub -Total $ 780,000 $ - (780,000) -100% Series 2012 (formerly Series 2004 & Series 2 5 1 59800 -814 Principal $ 117,000 $ 899,000 782,000 668% 59800 -824 Interest $ 410,675 $ 407,680 (2,995) -1% Sub -Total $ 527,675 $ 1,306,680 779,005 148% Series 2 - Bond 59800 -812 Principal $ 330,000 $ 350,000 20,000 6% 59800 -822 Interest $ 356,165 $ 339,335 (16,830) -5% Sub -Total $ 686,165 $ 689,335 3,170 0% 59800 -830 Financial Agent Fees $ 500 $ 1,000 500 100% Total Debt Service Fund Expenses 2,299,178 $ 2,301,853 2,675 0% 32 AGGREGATE DEBT SERVICE REQUIREMENTS eries 2012 -Tax Series 2005 Increment Revenue Tax Increment Total Debt YEAR BOA LOAN Bon Revenue Bond Service FY 2014 -2015 $ 304,838 $ 1,306,680 689,335 2,300,853 FY 2015 -2016 304,838 1,311,666 686,485 2,302,988 FY 2016 -2017 - $ 1,625,934 $ 675,863 $ 2,301,797 FY 2017 -2018 - 1,628,550 674,675 $ 2,303,225 FY 2018 -2019 - $ 1,626,270 672,358 2,298,628 FY 2019 -2020 $ - 1,628,197 673,910 2,302,107 FY 2020 -2029 - 1,623,202 674,050 2,297,252 FY 2021 -2022 - 1,629,438 672,778 2,302,216 FY 2022 -2023 - $ 1,624,600 $ 675,093 $ 2,299,693 FY 2023 -2024 - 1,627,942 670,713 2,298,655 FY 2024 -2025 - 1,564,235 $ 914,920 2,479,155 FY 2025 -0 - $ 1,569,168 908,590 $ 2,477,758 Total 609,675 18,765,883 8,588,768 $ 27,964,326 Interest Rates 5.65% 2.56% 5.10% - 5.65% -33- t 1 ' ...... .. 11 �CRA BOYNTO CRA BOARD MEETING OF: September 9, 2014 I Consent Agenda I X O ld Business New Bushiess ( Public Hearing fatter SUBJECT: Consideration of Cone of Silence Policy SUMMARY At the CRA Board meeting held August 12, 2014, the Board requested that staff obtain the City of Boynton Beach's Cone of Silence statement for consideration of adoption for the CRA. The attached Cone of Silence statement was obtained from the City's Director of Financial Services and it is used in all RFP and Bid documents. Additionally, the Palm Beach County lobbyist registration ordinance has a cone of silence (attached) which is applicable to the City but not the CRA since the CRA is not a local governing body. The CRA can choose to adopt them. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: N/A RECOMMENDATIONS: Provide staff direction on adopting the attached Cone of Silence wording for all future CRA RFP, RFQ and Bid documents. Vivian Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslSeptember 20141Cone of Silence.docx CONE OF SILENC Per Palm Beach County Code Section 2 -355 after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2 -357. Brooks, Vivian From: Kenneth Spillias <kspillias@llw-law.com> Sent: Wednesday, September 03, 2014 2:48 PM To: Brooks, Vivian; Utterback, Theresa Cc: Tara Duhy, Simon, Michael Subject: RE: Sept. 9th Agenda/Cone of Silence Attachments: 20140903142314691 (00384796xBA9D6).pdf All, As further back-up regarding the cone of silence discussion, I have attached a copy of sections 2-365 through 2-367 of the County's lobbyist registration ordinance. These provisions are applicable to the City, but since the CRA is not a local governing body as provided for in these sections, they are not applicable to the CRA unless it chooses to adopt them as its own. Kenneth G. Spillias CRA General Counsel Lewis, Longman & Walker, P. A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 kspilliasQ1Jw-Iaw.cnrn (t) 561.640.0820 (f) 561.640.8202 vCard I Website I Bio Under Florida law, most email messages to or from local government employees, officials or representatives are public records, available to any person upon request, absent an exemption. Therefore, this email message and any response hereto may be subject to public disclosure. From: Brooks, Vivian [mailto:BrooksVi@bbfl.us] Sent: Friday, August 29, 2014 10:05 AM To: Utterback, Theresa Cc: Kenneth Spillias; Tara Duhy; Simon, Michael Subject: Re: Sept. 9th Agenda Susan is handling the Cone of silence. She got the City's policy as instructed by the Board. She wrote the cover sheet. Please send to Ken. On Aug 29, 2014, at 9:48 AM, "Utterback, Theresa" <IJtterbagk1ffbbfI.us> wrote: Good Morning: I have attached the draft agenda for your review of legal items: See. 2-355. Cone silence. (a) "Cone of silence" means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: ( Any person or person's representative seeking an award from such competitive solicitation; and ( Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a perscn's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person o person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing bony as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, of any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shalt not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. (Ord. No. 03 -018, § 5, 5-20-03, - Ord. No. 03 -055, Pt. 3. 11-18-03, Ordr No. 2009 -051, pt. 2,12-15-09; Ord. No. 2011 -039, § 1(Exh. 1), 12-20 - 11) c. 2-366. Enforcement. (a) If the county administrator or municipal administrator as applicable is informed of any person who has failed to comply with the requirements of this article, he or she shall conduct a preliminary investigation as deemed necessary under the circumstances. In the event the county administrator or municipal administrator as applicable determines that a violation may have occurred based on the results of the investigation, the county administrator or municipal administrator as applicable shall forward the matter to the county commission on ethics for further investigation and enforcement proceeding as set forth in article Xill of this chapter, the countywide code of ethics. For the purposes of further investigation and enforcement by the commission on ethics, a complaint submitted unde this subsection by the county administrator or municipal administrator shall be deemed legally sufficient. (b) The commission on ethics may process any other legally sufficient complaints of violations under this article pursuant to the procedures established in article XIII of this chapter. (Ord, No. 03 -018, § 6, 5- 20 -03; Ord. No. 2009 -651, pt. 2, 12- 15-09; Ord. No. 2490-043, pt. 6, 9- 28 -10; Orel. No. 2011 -039, § 1(Exh. 1), 12 -20- 11) Sec. 2-357. Penalties. (1) Failure to properly register as required by secticn 3 -353 of this article shall be deemed a single violation, punishable by a fine of two hundred fifty dollars ($250,00) per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of two thousand five hundred dollars ($2,500.00). ( Failure to properly provide lobbying contact information as required by s i 5 A of this article shall be punishable by a fine of two hundred fifty dollars ($250,00) for each violation. ( Violations of the cone of silence set forth in Q' - of this article shall be punishable by a fine of two hundred fifty dollars ($250.00) for each violation. ( Any person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a lobbyist registration shall be subject to a fine of two hundred fifty dollars ($250.00) for each violation. ( Any person who violates the provisions of this article more than once during a twelve -month period shall be prohibited from lobbying as follows: A second violation shall result in a prohibition of one (1) year; a third violation shall result in a prohibition of two (2) years. ( The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration, contact log, and cane of silence requirements of this article. Willful and knowing violations of this article shall be referred by the commission on ethics to the state attorney for prosecution in the same manner as a first degree misdemeanor pursuant to F.S. § 125,69. Failure or refusal of any lobbyist to comply with any order of the commission on ethics shall be punishable as provided by law, and shall otherwise be subject to such civil remedies as the county or municipality as applicable may pursue, including injunctive relief. (Ord. No. 03 -016, § 7, 5- 20 -03; Ord. No. 2009 -051, pt. 2, 12- 15 -09; Ord. IVa 2011 -039, § 1(Exh. 1), 12-20 -11) 4 " BOYNTO'- =BEACF1'111 CRA BOARD MEETING OF: September 9, 2014 I Consent Agenda I ld BUSilkeSS I X I New Business I I Public Hearing ( I ter SUBJECT: Consideration of Revised Human Resources Policies & Procedures Manual SUMMARY: The CRA's new insurance provider, Glatfelter Public Practice, required an assessment of the CRA's overall personnel policies and programs as part of insurance underwriting and loss control pursuant to litigation related to employment practices liability. The Employment Practices Liability Assessment Report ( "Assessment ") was conducted by MJ Consulting and the recommendations were reviewed by CRA staff and CRA legal counsel, Ken Spillias and Glenn Thomas of the Lewis, Longman & Walker, P.A. Tallahassee office and incorporated into the attached revised HR Manual (Attachment 1). The scope of the Assessment focused primarily on policies, reporting procedures and processes that could create potential employment practices liability exposures for the CRA.. The Assessment included, but was not limited to, the following areas: • Personnel policy administration; • Sexual harassment; • Discrimination; • Retaliation; • Violence; • Weapons; • Wrongful termination exposures; and • Employee relations systems, including evaluation, commendations, reprimands, counseling, and terminations. Changes and /or additions were made to the following sections of the current HR manual (Attachment 2): • Section 1 -4 Definitions — Immediate Family • Section 2 -1 Equal Employment Opportunity Statement and Implementation of Policy • Section 2 -5 Types of Employees • Section 3 -1 Probationary Period • Section 3 -4D, 3 -4E, 34H Harassment and Sexual Harassment • Section 3 -5C, 3 -5D Workplace Violence Policy • Section 3 -6 Formal Grievances • Section 3 -8 Code of Conduct & Disciplinary Provisions T :AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslSeptember 20141Consideration of Revised Human Resources Policies & Procedures Manual.docx • Section 5 -6 Drug Free Workplace • Section 6 -6 Military Leave • Section 6 -7 Disability • Section S Communication Systems Policy • Section 9 Dress Code Staff requested a review of the revised manual by MJ Consulting for compliance with the Assessment report. The attached email, dated August 11, 2014 from MJ Consulting confirms review and compliance (Attachment 3). The revised Human Resources Policies & Procedures Manual (Attachment 1) is attached for the CRA Board's review and approval. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: All CRA Plans & Programs RECOMMENDATIONS: Approve revised Human Resources Policies & Procedures Manual Susan Harris Finance Director T :IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\September 20141Consideration of Revised Human Resources Poficies & Procedures Manual.docx ATTACHMENT 1 REVISED HR MANUAL - - 1 z s I I,pz z d WINOWBEACH1,CRA HUMAN RESOURCES POLICIES & PROCEDURES MANUAL Boynton Beach Community Redevelopment Agency Revised 710 North Federal Highway Boynton Beach, FL 33435 Page 1 of 90 Table of Contents SECTION 1: GENERAL PROVISIONS 1 -1 Purpose 5 1 -2 Positions Covered by These Policies 5 1 -3 Approval and Amendment of Policies 5 1 -4 Definitions 5 1 -5 Human Resources Administration 8 SECTION 02: RECRUITMENT, SELECTION AND EMPLOYMENT 2 -1 Equal Employment Opportunity Statement 9 2 -2 Recruitment 10 2 -3 Employment Applications 10 2 -4 Selection Procedures 11 2 -5 Type of Employees 11 2 -6 Disqualified Persons 11 2 -7 Interviewing Process 11 2 -8 Recommendation for Employment 12 2 -9 Employment Acceptance 12 2 -10 Disqualification for Employment 13 SECTION 0: EMPLOYMENT PROVISIONS 3 -1 Probationary Period 13 3 -2 Terminations 13 3 -3 Performance Evaluations 14 3 -4 Harassment and Sexual Harassment 15 3 -5 Workplace Violence 17 3 -6 Formal Grievances 20 3 -7 Personnel Actions 21 3 -8 Code of Conduct and Disciplinary Provisions 22 SECTION 0: CLASSIFICATION & PAY PROVISIONS 4 -1 Classification Provisions 31 4 -2 Pay Provisions 31 4 -3 Hours of Work 1 Overtime 1 Compensatory Time 31 Page 2 of 90 SECTION II 5 -1 Outside Employment 32 5 -2 CRA Equipment 32 5 -3 Address & Telephone Numbers 32 5 -4 Political Activity 33 5 -5 Resignation 33 5 -6 Drug Free 34 5 -7 Accommodations for Employees with Disabilities 43 SECTION L FIT PROGRAMS 6 -1 Vacation Leave 44 6 -2 Sick Leave 45 6 -3 Holidays 46 6 -4 Compassionate Leave 46 6 -5 Jury Duty 46 6 -6 Military Leave 47 6 -7 Disability 49 6 -8 Life Insurance 49 6 -9 Leave Without Pay 49 6 -10 Medical, Dental, Vision, Life Insurance 50 6 -11 Retirement 50 CREDIT SECTION 07: -1 Policy 51 SECTION 0: COMMUNICATIONS SYSTEMS POLICY 8 -1 Statement of Policy 54 8 -2 No Expectation of Privacy 55 8 -3 Use of Systems for Harassment 55 8 -4 Non - solicitation; Outside Employment 55 8 -5 Software 55 8 -6 Termination 55 8 -7 Reporting 56 Page 3 of 90 SECTION 09: MISCELLANEOUS 9 -1 Personal Appearance /Dress Code 56 APPENDIX: HIRING I I POLICIES 60 MANUAL PROCEDURES Page 4 of 90 SECTION 01 : GENERAL PROVISIONS -1 These policies are to provide guidance in the administration of the CRA's employees. It is the intent of these policies to ensure that CRA employees will be dealt with on an equitable basis, so that the citizens of the CRA area may derive benefits and advantages as a result of a competent CRA staff. It is the responsibility of all CRA employees to read and abide by all provisions of all policies even as amended from time to time. 1-2 POSITIONS I l : The policies shall apply to all non - contract employees. These policies shall also apply to employees with individual employment contracts, if incorporated by reference into the employment contract. 1 -3 APPROVAL AND AMENDMENT OF POLICIES: These policies shall be in force and in effect when approved by the CRA Board and replace existing policies and procedures. The CRA Board may amend these policies from time to time unless another means of amendment is specified in this document. 1-4 DEFINITIONS: • ADMINISTRATIVE REVIEW — Review and approval of a personnel action by the CRA Executive Director. • APPEAL — A request by a regular employee for consideration by the CRA Executive Director or Designee as applicable. • CLASSIFICATION PLAN — A Systemic arrangement of positions with a similar range of duties, level of responsibilities and nature of work preformed. • CONTINUOUS SERVICE — Employment that is uninterrupted by separations of employment, layoffs, etc. • CONTRACT EMPLOYEE -- An employee under an individual employment contract with the CRA Board. Contract employees do not have any rights or benefits other than what is specifically stated in their individual employment contract. • DEMOTION — Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. Page 5 of 90 • DISMISSAL — The discharge of an employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. • EMPLOYMENT CONTRACT — An individual contract that provides a non - regular employee with a written agreement of employment terms. • EXEMPT EMPLOYEE — Any employee whose position is ineligible for overtime as determined by the Fair Labor Standards Act ( "FLSA "). • FULL -TIME EMPLOYEE — A regular employee who is scheduled to work a minimum of thirty -six (36) hours per week. • GRIEVANCE — Formal notice of dissatisfaction by a regular employee who feels he / she have been unjustly treated in cases regarding their employment. • HIRE DATE —An employee's date of hire or re -hire, whichever is later. • IMMEDIATE FAMILY — Is defined as follows: father, mother, brother, sister, spouse, child, father -in -law, mother -in -law, brother -in -law, sister - in -law, son -in -law, daughter -in -law, grandchild, grandparents or foster parents, foster child, step- mother, step- father or step child of an employee. A domestic partner shall be considered the same as a spouse. • INITIAL PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. JOB ANNIVERSARY / CLASSIFICATION DATE -- the effective date of a promotion or demotion action. • LAYOFF — Dismissal from employment because of shortage of work or funds, or because of changes in the organization. • NON - EXEMPT EMPLOYEE — Any hourly employee whose position is eligible for overtime after forty (40) hours of work per week as determined by the Fair Labor Standards Act. • OVERTIME PAY — Pay for overtime or compensatory time worked in excess of a non - exempt employee's forty (40) hour workweek. • PART -TIME — Appointment to a position that usually requires a working schedule less than thirty -six (36) work hours per week. Page 6 of 90 • PAY PLAN - A formal schedule of pay ranges containing a minimum, mid point and maximum value for all job descriptions. • PAY RANGE —The minimum and maximum pay established by the CRA Board for budgeted positions. • PERFORMANCE APPRAISAL — Assessment of how well an employee has performed during a period of time. • POSITION PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the effective date of a promotion or demotion of a regular employee. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Position Probationary Period, an employee may be returned or demoted to their former position without notice and without cause. • PROBATIONARY EMPLOYEES — Any employee who is serving in a new position either by appointment, promotion or demotion. Promotions or demotions occurring within the established initial probationary period shall cause an employee to begin a new initial probationary period. PROMOTION - The assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. • RECLASSIFICATION - The change of a job classification due to a change in or an increase or decrease in the assigned duties and responsibilities of the position. • REGULAR EMPLOYEE — An employee who has achieved regular status after completing the established or applicable probationary period. • SUSPENSION — The separation with or without pay of an employee for a period of time. Exempt employees shall be subject to no less than one week suspensions without pay. • TEMPORARY EMPLOYEE — An employee in a position other than regular full -time or part-time who works less than forty (40) hours per week. • TEMPORARY POSITION — All positions that are not designated regular budgeted positions. • VACANCY — An existing or newly created position, which is not occupied. Page 7 of 90 WORKWEEK — The established forty (40) hour period of time that constitutes the workweek for Fair Labor Standards Act purposes. Non- exempt employees are not eligible for overtime compensation until after completion of forty (40) hours in the workweek. 1 -5 HUMAN RESOURCES I I TI The CRA Board A. Considers and adopts the Human Resources Policy & Procedure Manual. B. Approves recommended Classification and Pay Plan(s) as needed. C. Approves appointments and removals for positions that require employment contract. D. Authorizes all new CRA positions, assigns funding for pay ranges and authorizes recruitments. The CRA Executive Director A. Is responsible to the CRA Board for the administration of the Human Resources Policy and Procedure Manual. B. Recruits, appoints, promotes, transfers or removes, demotes, suspends, dismisses or disciplines all subordinate employees. C. Performs all duties and exercises all powers in personnel. D. Administers the recommended and approved pay plan. E. Administers an effective payroll system. F. Develops and implements effective training programs for employees. G. Recommends such policies or revisions in compliance with prevailing legislation. H. Administers the employee benefits programs. I. Administers an effective disciplinary program. J. Administers an effective performance appraisal program. K. Prepares and recommends to the CRA Board job descriptions, classification and pay plans and amendments or revisions. Page 8 of 90 L. Encourages employees to promptly and honestly report any incidents or allegations of workplace risks or wrongdoing to their supervisor or other appropriate CRA personnel. RECRUITMENT, SECTION 02: The CRA Hiring r i ti ici s and Procedures l is incorporated her i i). -1 EQUAL EMPLOYMENT OPPORTUNITY ("EEO"I STATEMENT: The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the CRA designated human resources representative or a Board member. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self - identify, employment records or observer identification may be used. Purpose: The purpose of this Policy is to reaffirm the CRA's position regarding non- discrimination in all matters. Provisions: All recruitment activities, hiring, training, employment decisions, and personnel actions will be based on valid qualifications without regard to race, color, religion, sex, national origin, age, handicap, or marital status. Page 9 of 90 Implementation of Policy: The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. CRA practices identified herein include: A. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. B. All advertising for job applicants includes the statement "An Equal Opportunity Employer - M /F /D/V." -2 RECRUITMENT The CRA Executive Director shall implement effective EEO hiring procedures. The CRA Board approved Classification and Pay Plan shall be utilized by the CRA Executive Director to start the recruitment and selection procedures. Job vacancies shall be posted in such a manner and in such publications and media to promote an adequate pool of applicants. All employment discussions are to be considered non - obligatory, exploratory, and tentative in nature and indicated as such to applicants. Only authorized offers of employment made to individuals are binding on the CRA. 2-3 EMPLOYMENT LI I Individuals desiring consideration for employment may submit a letter of interest, or a resume to the CRA Executive Director and /or the CRA staff Human Resources ( "HR ") Designee. All applicants submitting a resume or letter of interest and granted further consideration shall complete an application for employment prior to any job offer. Applications will only be accepted when a vacancy occurs. Applications will be retained in accordance with Public Records laws. Applications must be signed and certified by the applicant. Incomplete applications will not be accepted. When a vacancy occurs, previously submitted applications on file may be updated for consideration, in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. Page 10 of 90 2 -4 SELECTION Selection processes may consist of one or more of the following: A. Background investigations, including motor vehicle driving record and criminal history check and credit check. B. Reference checks. C. Performance examination. D. Review, evaluation and verification of education, training, and experience. E. Any other applicable criteria which will fairly assess the abilities of individuals to perform the duties required for the position. Applicants considered for employment may be subject to pre - employment controlled substances screening. Applicants testing positive for any of the specified drugs will not be eligible for employment. Such applicants may not be considered for employment for a period of two (2) years following a positive drug test. TYPE OF EMPLOYEES: CRA employees are divided into two groups, contract and non- contract. Contract employees are individuals hired by a direct employment contract for a specified duration of time that may or may not be budgeted by the CRA Board. Noncontract employees fill regular budgeted positions as authorized by the CRA Board and are not otherwise designated as contract employees. Unless otherwise provided by contract, employment with the CRA is "at- will" and may be terminated by either party for any reason or no reason. Successful completion of a probationary period does not conclude or alter the "at- will" relationship. 2 -6 DISQUALIFIED PERSONS: The CRA will consider Florida Statue 112.3135 in an effort to prevent hiring practices which result in conflicts of interest. 2-7 INTERVIEWING Upon receipt of resumes and/or applications, the HR Designee will review and rank them in order of most qualified to least qualified and present the list to CRA Executive Director for review. At the direction of the CRA Executive Director, references will be called and background checks performed for the top candidate(s). Upon review of the reference notes by the CRA Executive Page 11 of 90 Director, the HR Designee will then set up candidate interviews with the CRA Executive Director and/or HR Designee and other appropriate CRA staff. Interviews requested by the CRA for Contract Position(s) with the CRA which require the interviewee to travel more than 100 miles, but are less than 300 will be reimbursed by the CRA for mileage at the applicable annual rate as designated by the Internal Revenue Service, and Per Diem expenses at the current rate designated for CRA employees. Interviews requested by the CRA for Contract Position(s) with the CRA, which require the interviewee to travel of more than 300 miles will be reimbursed by the CRA at reasonable and customary rates for airline fares, hotel expenses, Per Diem expenses (at the current rate designated for CRA employees), and rental car expense (from airport to the CRA interview location and back to the airport). 2-8 RECOMMENDATION : Once the interview process has revealed a suitable applicant and the reference checks have been completed and screening steps appear satisfactory, the CRA Executive Director is authorized to then hire that applicant for employment. The employment offer is to be made in writing and mailed or electronically submitted to the applicant. The offer can also be made verbally from the CRA Executive Director or HR Designee, but must be confirmed in writing to the applicant. 2-9 EMPLOYMENT ACCEPTANCE: Upon receiving an offer tor employment, the applicant must make employment acceptance within three (3) working days of the employment offer, unless otherwise extended by the CRA Executive Director (maximum of 5 working days). If employment acceptance is declined, the CRA Executive Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment process. After starting employment, all new CRA employees must provide proof of work eligibility and verification of identity to the CRA, in accordance with prevailing laws. Employees are responsible for reading, understanding, and abiding by all CRA policies and procedures, as amended from time to time. Page 12 of 90 2-10 DISQUALIFICATION EMPLOYMENT: The CRA may reject an applicant who does not possess the minimum qualifications required for the position. Failure to meet the physical requirements necessary to perform the essential functions for a particular job as determined by the CRA will also result in disqualification, if a reasonable accommodation for an otherwise qualified individual with a disability cannot be reached, or would create an undue hardship. Fraudulent conduct, false statements, or omissions by an applicant or by others on behalf of the applicant with the applicant's knowledge, in any application or examination, may be cause for the disqualification of such applicant, or termination from the CRA employment. SECTION I I -1 PROBATIONARY PERIOD: All CRA new hires shall be in a probationary status for a period of ninety (90) calendar days, unless extended by the CRA Executive Director. At the discretion of the CRA Executive Director, probationary statuses may be extended up to six (6) months upon written notification to the employee. This trial working period shall be utilized to observe an employee's performance. All promotion or demotion appointments effected within the initial probationary period shall cause the employee to begin serving a new ninety (90) day initial probationary period. All promotional appointments occurring after the ninety (90) day initial probationary period has occurred shall be deemed as position probationary periods; employees not successfully completing this position probationary period shall be returned to their previous classification status without appeal benefits. If either initial or position probationary periods are extended, no wage or salary increases shall be affected during the extension periods. Awards granted after the extensions shall not be retroactive. A probationary employee who has not successfully passed the established initial probationary period in any classification may be terminated without notice or without cause by the CRA Executive Director. The completion of a probationary period does not guarantee continued employment, nor does it alter in any way the at -will status of the employment relationship. -2 TERMINATI Termination of employment can be made at any time, with or without cause, and shall be made in writing and need not reflect performance - related reasons. If an employee's employment is terminated, the employee shall be entitled to reimbursement for as -yet non - reimbursed expenses; accrued and unused Page 13 of 90 vacation, sick and comp time; and ninety (90) days of severance pay. Medical, dental, vision and life /disability benefits will be paid by the CRA through the last day of the month following the completion of the ninety (90) day severance period. -3 PERFORMANCE EVALUATIONS: A. General Provisions The employee's performance evaluation is designed to examine, review and document work performance. The ratings shall be set forth on the applicable performance evaluation form. Each employee shall be given a copy of the evaluation form, shall have the opportunity to discuss it with the employee's supervisor, and comment on the evaluation in writing. Employees may appeal their evaluation to the CRA Executive Director within five (5) working days of receiving their performance evaluation. Such appeals must state the reason for the appeal, the facts supporting the employee's case, and any other pertinent information relevant to the matters at hand. The CRA Executive Director shall schedule an appeals meeting within fifteen (15) working days of receipt of the appeal, preside over the appeals meeting, and render a decision on the matter within fifteen (15) working days of the appeals meeting. All decisions of the CRA Executive Director are final. B. Frequency of Performance Evaluations Performance evaluations are completed annually with the first coinciding with the successful passing of the initial probationary period and /or position probationary period, and annually thereafter coinciding with CRA's fiscal year, i.e. by September 30th. Special evaluations may be conducted at any time with the approval of the CRA Executive Director. C. Performance Evaluation Rating Procedure The direct supervisor of the employee shall be responsible for obtaining the appropriate evaluation form and completing the evaluation. An employee must sign and date the completed evaluation form indicating that he /she has discussed and received a copy. The signature does not mean he/she agrees with the evaluation. If the employee refuses to sign the form, it should be so indicated by the CRA Executive Director or direct supervisor in the space provided for the employee's signature. Page 14 of 90 3-4 HARASSMENT AND SEXUAL HARASSMENT The CRA is committed to a professional work environment in which all individuals are treated with respect and dignity and is free of unlawful harassment and discrimination. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices including sexual and other forms of harassment. Prohibited are offensive behaviors based on race, religion, age disability, sex, sexual orientation, national origin, and other protected class status. A. Scope This policy applies to all applicants, staff members, vendors, consultants, and guests. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. B. Definition Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. C. Behaviors Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances these behaviors may include, but are not limited to: unwanted sexual advances; subtle or overt pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature. D. R eporting n Incident of Harass Whether they are the victim, a witness or someone who receives information regarding harassment, it is the duty of all employees to report harassment to Page 15 of 90 their direct supervisor. Employees should also direct any questions concerning the CRA's harassment policy to their direct supervisor. If the Direct supervisor is involved in the complaint or report, or if the employee feels uncomfortable communicating their report or question to a direct supervisor, reports or questions should be immediately directed to the Executive Director, the CRA's Human Resources designee or members of the Board. E. Administrative Investigation Reported allegations of harassment will be investigated promptly. A written statement will be requested of the complainant. The investigation will be handled with sensitivity and confidentiality to the extent allowed by law and to the extent practical and appropriate under the circumstances. An employee found to have provided false or misleading information, or who does not fully cooperate with an investigation may be subject to disciplinary action. The CRA will provide an administrative response that will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved the harassment. F. The CRA will make every effort to ensure that individuals named in a harassment complaint or closely associated with employees involved in the complaint will not conduct the investigation. If necessary for completion of a fair investigation, the CRA may, at its discretion, engage a neutral third party to conduct investigations of harassment complaints. G. Retaliation Retaliation against an individual for reporting alleged harassment or assisting in providing information relevant to a claim of sexual harassment is a serious violation and will be treated with the same strict discipline, as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated. Training shall be conducted on a periodic basis to raise awareness of harassment issues and remedies of same. H. Disciplinary Action Violations of this policy may result in disciplinary action as follows: 1. Findings of false or malicious statements intended to harm another individual shall result in immediate disciplinary action. Page 16 of 90 2. Failure to act upon gaining knowledge of violations of this policy may result in disciplinary action. 3. Failure to truthfully cooperate with an investigation of this nature may result in disciplinary action. I. "Unintentional' harassment This policy is not intended to interfere with or discourage friendship or social discourse among employees. However, employees must be sensitive to comments, acts or conduct that would likely be considered offensive by others. Even conduct that is not intended to constitute "harassment" may violate the terms of this policy. If an employee expresses concerns that the behavior of another employee may have violated this policy, all employees should respect those concerns. -5 WORKPLACE VIOLENCE POLICY The CRA provides a safe workplace for all employees and is committed to preventing workplace violence. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this workplace violence policy. Based on its commitment to preventing workplace violence, the CRA has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur and all provisions of this workplace violence policy. A. co e All full -time and part-time, active employees are covered under this policy. B. Prohibited Conduct and Behavior We do not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors, while not inclusive are prohibited: • Causing physical injury to another person; • Making threatening remarks; • Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; Page 17 of 90 Intentionally damaging employer property or property of another employee; �usin ess; Possession of a weapon while on CRA property or while on CRA ;ome stic Committing acts motivated by, or related to, sexual harassment or violence. C. Reporting o f Incidents All threats or actual violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or member of management. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance, do not try to intercede or see what is happening. There are often warning signs of violence in the workplace. Please review the following list of warning signs, keeping in mind that demonstration by an individual of one or more of the actions below does not necessarily indicate violence. • Increase in use of alcohol or any use of drugs. • History of violent or aggressive behavior. • Displays of a loss of control, (e.g., frequent loss of temper for unsubstantiated reasons, or over minor issues). • Making any threats (serious, joking or veiled). • Intimidating others by any means. • Expressing a strong desire for a personal or romantic relationship with a co- worker who does not reciprocate. • Expressing a consistent and strong feeling of being "disrespected ". Harboring resentment for criticism. • Expressing desperation, frustration or depression over recent professional, personal or financial problems. • Fascination with other recent incidents of violence and approval of the use of violence. • Disregard for personal safety. • Demonstrating a lack of conscience by cruelty towards others or animals. • Vandalism. Page 18 of 90 • Failure to acknowledge the rights or feelings of others. • Having been bullied or a victim of violence by others. Any potentially dangerous situations must also be reported immediately to a supervisor, the HR designee or Executive Director. Reports can be made anonymously and all reported incidents will be investigated. When reporting a threat of violence or violent act, the employee should be as specific and detailed as possible. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need -to -know basis. All parties involved in a situation will be counseled and the results of investigations will be discussed with them. The CRA will actively intervene at any indication of a possibly hostile or violent situation. Any employee who obtains a restraining order against any person must immediately notify their direct supervisor. The CRA is committed to providing a safe workplace for all employees and can only do so if it receives information concerning individuals who are required to maintain a distance from CRA property and/or employees. D. Procedures All employees should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited on the work premises of the CRA without proper authorization. Violence or the threat of violence that intimidates, or coerces an employee or a member of the public will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's sex, race, age, or any characteristic protected by federal, state or local law. If you witness a violent situation or are dealing with a threatening or violent person do not place yourself in danger or try to intercede. The following actions have proven to be effective: Remain calm. Keep a distance of at least 6 feet if possible. Do not touch the threatening or violent individual. Maintain eye contact, without "staring them down Actively listen and respond to the individual. Page 19 of 90 If a supervisor or other appropriate authority can be safely notified of the situation without endangering others, do so. I nvestigation The CRA will promptly and thoroughly investigate all reports of threats or actual violence as well as suspicious individuals or activities. The identity of the CRA individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, the CRA will suspend employees, either with or without pay depending on the investigation and circumstances. F. Disciplinary Action Anyone who it is determined to be responsible for threats or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. The CRA encourages employees to bring disputes or differences with other employees or others to the attention of their supervisors, the HR designee or Executive Director before the situation escalates. The CRA is committed to assist in the resolution of disputes. 3-6 FORMAL It is the policy of the CRA to anticipate and avoid occurrences of formal grievances and to deal promptly with formal grievances that may arise. Employees who believe they have suffered wrongdoing by another employee or supervisor should not confront any individual by whom they believe they have been wronged. Any grievance against another employee or supervisor must be submitted in writing pursuant to this policy. All formal grievances must be in writing and must include the nature of the grievance and all the facts supporting the grievance. This written document must be submitted to the employee's direct supervisor, unless the supervisor is the party named in the grievance or closely associated with the party named in the grievance. If the employee is not comfortable reporting to a supervisor, the employee may file a grievance with an HR designee or Executive Director. The primary purpose of this grievance procedure is to determine what is right, not who is right. Free discussion between employees and the HR Designee will lead to better understanding of practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings prior to the filing of written formal grievances. The CRA Executive Director shall establish rules for the processing of formal grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a formal grievance. Formal Page 20 of 90 grievances are to be initiated by employee within ten (10) working days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. Decisions by the HR Designee can be appealed to the CRA Executive Director. In the event the grievance involves the CRA Executive Director, the employee can request the decision be appealed to the CRA Board Designee. The decision of the CRA Executive Director or CRA Board Designee regarding the disposition of the grievance is binding and not subject to further review or consideration. -7 PERSONNEL ACTI A. Promotion Upon promotion, an employee shall receive an increase to the minimum pay rate of the new position, or up to 10 %, whichever is higher. In no case shall the new salary exceed the maximum pay established for the position. Promoted employees shall serve a ninety (90) day position probationary period and may be demoted without notice and without cause during the position probationary period. B. Demotion Upon demotion, an employee shall receive a decrease in pay of a minimum of 5 %, or up to 10% if previously promoted to the higher level classification and awarded that amount for the promotion action, or greater if a higher amount of decrease is necessary in order not to exceed the maximum rate of pay for the lower level position. In no case shall the new lower pay rate exceed the maximum of the pay range established for the lower level position. There may be circumstances which result in demotion that are not due to the employee's job performance, conduct, and/or disciplinary actions. These include, but are not limited to, organization restructuring and decrease in operating revenues. Such demotion shall not be punitive and pay adjustments will be determined by the CRA Executive Director. The Executive Director may choose to make the employee's pay at the lower level position no greater than the maximum established for the position; however, the Executive Director may also set the pay level to exceed the maximum for the position in special circumstances. C. Demotion Approvals and Appeal All demotions and resulting adjustments in an employee's pay rate shall receive the prior review and approval of the CRA Executive Director. Demoted Page 21 of 90 employees not serving within an established probationary period may appeal the demotion action in writing within two (2) working days of written notification of the demotion. The CRA Executive Director shall schedule an appeals meeting within ten working (10) working days of receipt of the employee appeal. The written appeal must state the reason for the appeal and all facts supporting the appeal. The CRA Executive Director shall preside over the appeals meeting and render a decision within twenty (20) working days of the appeals meeting. The demotion action shall be effective regardless of any appeal request. The demotion may then be overturned by the CRA Executive Director when a decision has been made. The decision of the CRA Executive Director is binding and not subject to further review or consideration. 3.8 CODE OF CONDUCT & DISCIPLINARY I I A. Purpose The CRA anticipates that its employees will conduct themselves appropriately, both on and off the job. As a service entity, we must treat our customers in a courteous and respectful manner at all times and our conduct must be consistent with the CRA's goals and objectives. We recognize, however, that there will be instances when employees may act in a manner that is not consistent with the CRA's goals and objectives and the CRA Board's expectations. To address these situations, a disciplinary process has been developed to enable the CRA Executive Director to resolve issues related to unacceptable performance and misconduct. The CRA's goals in establishing such a process are both to ensure that employees understand the potential consequences of inappropriate behavior and to assist them in recognizing the severity of such consequences, with the hope that disciplinary sanctions, if required, will encourage the individual to personally resolve whatever concerns exist with respect to either inadequate performance or personal misconduct. All employees of the CRA have a duty to promptly report actual or suspected occurrences of illegal or unethical behavior or workplace wrongdoing by other employees or supervisors; and may do so without fear of retaliation or retribution. The CRA prohibits retaliation against any employee because of the employee's good faith reporting of such activities. Any CRA employee, regardless of title or position, who engages in such prohibited retaliation is subject to disciplinary action, including termination. B. Provisions 1. Conduct unbecoming of a CRA employee is defined as employee behavior or actions, on the part of the employee, which hinders or Page 22 of 90 jeopardizes the successful operation of the CRA, undermines teamwork and cooperation among CRA employees, or undermines the public confidence in the CRA or its employees. 2. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline. Management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 3. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 4. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 5. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 6. The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case -by -case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. 7. The failure of immediate supervisors to document and /or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to CRA Executive Director shall serve as grounds for disciplinary action. 8. After a period of one year for a Verbal Warning, two years for a Written Reprimand, and five years for a Suspension, discipline will not be considered for purposes of future disciplinary actions or promotions. However, these items will remain in the employee's personnel file. Verbal warnings or verbal reprimands are not considered as disciplinary action. Page 23 of 90 C. Examples of Misconduct The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case -by- case basis. The following are examples of violations which shall result in disciplinary action: 1. Conduct unbecoming of a CRA employee, as specified in the Definitions section. 2. Abuse of CRA policies including, but not limited to: • abuse of sick leave privileges, sick leave policy or excessive absenteeism • job abandonment defined as two or more work days without reporting to work and without notification of the employee's supervisor • failure to notify CRA of current address and telephone number within ten (10) calendar days of change • failure to report any outside employment • possession of a firearm or concealed weapon on CRA property or while performing official CRA duties • suspension or revocation of any required job- related licenses or certifications • use of abusive language to or about an employee, co- worker, supervisor, or the public • insubordination, meaning the failure to recognize or accept the authority of a supervisor • threatening, either verbally or physically, a co- worker or supervisor. 3. Abuse of departmental procedures and work rules including, but not limited to: • failure to provide name and official title to any person requesting same when performing work related duties • habitual extension of lunch periods or break period habitually late for work without valid reason smoking in prohibited areas unauthorized solicitation, posting of material, or non - productive behavior disrupting or hindering departmental operations Page 24 of 90 • outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job • unauthorized personal use of CRA equipment or funds • improper use of CRA time for conducting personal or private business • other department rules as communicated by the CRA Executive Director or supervisor. 4. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. 5. Violation or disregard of CRA's Safety Policy and Procedures including: unauthorized use or unsafe operation of CRA property, equipment or vehicles. failure to report an on- the -job injury or accident within 24 hours to immediate supervisor supervisor's failure to report an employee's on the job injury to the CRA Executive Director within 24 hours and /or completion of necessary documentation. 6. Illegal, unethical or improper acts including: • theft or removal of CRA property without proper authorization • falsifying employment application or concealing information during pre - employment screening or processing • soliciting or accepting an unauthorized fee or gift giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations • possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test • possession or use of alcohol while on duty; or reporting to work under the influence of alcohol • refusal to participate, if offered, in a drug /alcohol rehabilitation program, and to sign and abide by a return to work agreement when the CRA receives positive confirmed results on any CRA ordered drug test such as workers' compensation, accident or reasonable suspicion drug or alcohol testing refusal to submit to a CRA sponsored drug or alcohol testing such as workers' compensation, reasonable suspicion, follow up, or applicant processes • violating the CRA's Sexual Harassment policy through interaction with another employee or a member of the public. Page 25 of 90 D. Procedure When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he /she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Job abandonment is cause for immediate dismissal with approval of the CRA Executive Director. Documentation of the disciplinary investigation or of the conduct shall be required on the park of the immediate supervisor in order to establish appropriate records. The CRA Executive Director will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. 1. Administrative Review: Investigations of non - criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee. These investigations shall be conducted by the CRA Executive Director or designee, who shall obtain all sufficient information, including documentation and /or sworn statements, in order to determine the necessity or level of disciplinary action. The CRA Executive Director assumes responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. 2. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the CRA. These investigations shall be conducted by the local Police Department, in collaboration with the CRA Executive Director. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and /or criminal investigations shall be conducted. The immediate supervisor, with the approval of the CRA Executive Director, may initiate a three (3) working day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident of misconduct in the absence of the employee. Suspensions with pay of more than three (3) working days require the approval of the CRA Executive Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the CRA Executive Director of the choice for suspension so that the suspension may be issued and the matter may be immediately investigated. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as Page 26 of 90 disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. E. Types of Action 1. Counseling Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in further discipline up to and including termination. A Disciplinary Action Form should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Disciplinary Action Form shall be forwarded to The CRA Executive Director for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments on a separate sheet for inclusion in the record. 2. Written Reprimand Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand may include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the CRA Executive Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments on a separate sheet for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow -up discussion at the end of the designated time period should be conducted. This follow - up discussion will provide a specific opportunity to review the Page 27 of 90 employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. 3. Suspension Consists of an employee being prohibited from returning to work until the specified period of suspension has passed. If the suspension is greater than one (1) working day, it shall be issued on a consecutive working day basis. Unless provided for otherwise in this policy or disallowed by the Fair Labor Standards Act, all suspensions shall be without pay. Suspensions shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of previous discipline support a suspension for a specified period of time. Employees shall be suspended pending the outcome of a recommendation to terminate and shall remain under suspension until the CRA Executive Director has made a final determination in a pre - termination hearing, if elected by the employee. With the written authorization of the CRA Executive Director, immediate supervisors have the authority to issue a suspension for three (3) working days or less. Suspensions beyond three (3) working days require prior authorization by the CRA Executive Director. Suspensions due to a recommendation to terminate only require the CRA Executive Director's approval. Employees being suspended shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. It shall be the employee's responsibility to pay for insurance benefits and/or any other payments previously paid through payroll deductions during any suspensions without pay in order to maintain such benefits during these periods. Lapses in payments may result in forfeiture of such benefits. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director or Page 28 of 90 designee for inclusion in the employee's records, with a copy provided to the employee. 4. Demotion In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in annual salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, during position probation an employee shall be subject to demotion without the CRA being required to state a reason. The employee shall have access to the appeal process. A demotion will involve a decrease in salary of not less than 5 %, commensurate with the decrease in responsibilities. Immediate supervisors should discuss the potential demotion of an employee with the CRA Executive Director prior to a written recommendation for demotion. The supervisor shall then submit the written recommendation to the CRA Executive Director. Demotions require authorization from the CRA Executive Director prior to being effected. Written notification of demotions shall be provided to the employee by the CRA Executive Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file by the CRA Executive Director. Employees may submit comments on a separate sheet for inclusion in their personnel file. Employees may voluntarily request a demotion to a lower level classification. Such demotion shall not be punitive. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director for inclusion in the employee's records. Page 29 of 90 5. Dismissal Dismissal is a result of an employee's involuntary termination which severs the employment relationship. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with the CRA Executive Director. Dismissals of regular employees shall be effected only with the authorization of the CRA Executive Director. A written notice of the recommendation to terminate shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation to terminate and the CRA Executive Director's notification letter shall be placed in the employee's personnel file. Initial probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause and it shall be effective after authorization by the CRA Executive Director. At the time of dismissal, employees are required to surrender to their supervisor or designee all CRA property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final wages. 6. Inefficiency, Incompetence or Job Abandonment The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. Employees who receive an overall "Below Expectations" evaluation shall be given a follow -up evaluation within sixty (60) calendar days of the initial "Below Expectations" evaluation. More than one overall rating of "Below Expectations" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Expectations ". Page 30 of 90 SECTION II -1 CLASSIFICATION PROVI I Purpose of the Classification Plan - The classification plan provides for a systematic arrangement of positions. The plan groups related positions into classifications with a similar range of duties, level of responsibility, and nature of work performed. -2 PAY PROVISIONS: Purpose of the Pay Plan - The pay plan shall provide the basis of compensation for all employees and shall be administered and recommended for revision as appropriate by the CRA Executive Director. The Pay Plan shall include: A. Schedules of pay rates for each title in the classification plan consisting of the minimum and the maximum hourly rate, and/or annual salary. B. Identification of non - exempt and exempt classifications. - I OVERT / COMPENSATORY TIME: A. Hours of Work Hours of work will be determined by the CRA Executive Director and shall be uniform for all employees and be determined in accordance with the needs of the services and operational needs of the CRA. Situations may arise that may require employees to work additional hours without notice. All employees are required to work additional hours when notified by the CRA Executive Director of the need to work. B. Overtime Overtime hours are hours actually worked by non- exempt employees in excess of a forty (40) hours per work week and must be authorized in advance by the CRA Executive Director before such overtime is permitted. Provisions of the FLSA shall be applied for non - exempt employees for overtime purposes. Hours that shall count towards overtime calculations only include those hours "actually" worked. Annual leave, sick leave, holiday pay, suspensions with pay, workers compensation leave, family medical leave, funeral leave, jury duty, annual military leave and other absences from work while in active pay status will not be counted as time actually worked for purposes of determining whether overtime has been worked in excess of forty (40) hours per week. Page 31 of 90 C. Compensatory Time as Payment for Overtime Hours Worked Compensatory time in lieu of overtime payment for non - exempt employees can be awarded and earned at 1.5 hours for every hour of overtime worked above 40 hours in lieu of cash compensation in accordance with FLSA. Cash payments for overtime compensation may be authorized at the discretion of the CRA Executive Director. When exempt employees are required to work weekends for any reason other than those stated above, they shall receive compensatory time in lieu of overtime at 1.5 hours for every hour of overtime worked above 40 hours in lieu of cash compensation. Accruals of compensatory time for exempt and non - exempt employees may be accrued up to 240 hours and may be used by the employee provided reasonable notice has been given to the CRA. Accruals in excess of 240 hours will be forfeit. Upon separation the CRA will pay out the accrued compensatory time up to a maximum of 240 hours. Cash payments for overtime compensation may be authorized at anytime at the discretion of the CRA Executive Director. SECTION 05: EMPLOYMENT CONDITIONS -1 OUTSIDE EMPLOYMENT: Employees may engage in outside employment during off -duty hours when such employment does not in any way interfere or create a potential conflict of interest with their CRA employment. An employee, who wishes to engage in any outside employment including self- employment, shall provide information concerning the proposed employment to the CRA Executive Director for approval prior to engaging in outside employment. EQUIPMENT: 5-2 CRA The personal use of any CRA equipment, such as computers, cameras, tools, vehicles, etc., shall be prohibited unless otherwise approved in advance by the CRA Executive Director. In addition, employees are not to use any CRA e-mail addresses for receipt of personal mail. 5-3 ADDRESS AND TELEPHONE NUMBERS: Employees are required to report any change in address or telephone number to the CRA Executive Director and HR Designee within ten (10) working days of the Page 32 of 90 change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s) to contact in case of emergency. POLITICAL : No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off -duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the CRA. Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice will receive their accumulated sick, vacation and compensatory time to date subject to the maximum accumulation times defined in this policy and reimbursement for as yet non - reimbursed expenses. Medical, dental, vision, and life /disability benefits will continue to be paid for in full by the CRA through the last day of the month following ninety (90) days after the effective date of resignation. Employees who fail to report to work or fail to call in absent to their supervisor for three (3) consecutive working days shall be deemed as having voluntarily Page 33 of 90 resigned from employment. A letter of termination shall be mailed within two (2) working days to the last known address of the employee, accepting their voluntary resignation. -fi DRUG FREE WORKPLACE: General Statement of olicy on Employee Drug Use It is the intent of the CRA to provide a Drug -Free Workplace, as provided in Section 440.101, Florida Statutes, in order that employees be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work - related accidents resulting from drug abuse. It is further the intent of the CRA that drug abuse be discouraged and that employees who choose to engage in drug abuse face the risk of unemployment and the forfeiture of workers' compensation benefits. In the case of abuse of illegal drugs or alcohol, the CRA may use constructive disciplinary measures to motivate the employee to seek assistance. To the extent that they are available, normal benefits, such as sick leave and the group medical plan, may aid in the rehabilitation process. Supervisory personnel are responsible for assisting employees diagnosed with a substance abuse problem in fully understanding the health benefits program. An employee's participation in any program and the results obtained are kept in confidence. This information is not subject to the "Government in the Sunshine Law." The CRA is a participating employer in an Employee Assistance Program with Counseling Services Associates (855) 272 -8880, through which the CRA and all of its employees may benefit. The Employee Assistance Program vendor may change and employees should check with the CRA's HR designee to confirm the current vendor. The CRA has available to all its employees a booklet explaining not only the substance abuse program, but other problems for which counseling services are available, such as interpersonal relationships with other employees, mental disorders, financial difficulties or problems with children or spouses. The CRA will hold in strict confidence any employee's participation in this program. It is the intent of the CRA to comply with the requirements of section 440.102, Florida Statutes and Chapter 38F -9, Florida Administrative Code. In the event of a conflict between those requirements and this policy, the standards set forth in section 440.102 and Chapter 38F -9, as amended from time to time, shall prevail. No employee shall be terminated, disciplined, or discriminated against solely upon the employee's voluntarily seeking treatment, while under the employ of the CRA, for drug - related problems if the employee has not previously tested positive Page 34 of 90 for drug use, entered an employee assistance program for drug - related problems, or entered a drug rehabilitation program. The CRA will not condone the following behavior by employees: • Use of illicit drugs. • Abuse of legal (prescription or over - the - counter) drugs or alcohol. • Sale, purchase, transfer, use or possession of illegal drugs or prescription drugs obtained illegally. • All Supervisors are responsible for ensuring a safe working environment within their departments and are, therefore, responsible for reporting all incidents of possession, sale, distribution, or use of illegal substances to their immediate superior. Employees found in possession of an illegal substance on CRA property or while on CRA business will be terminated. Notice of Testing One time only, prior to Drug testing, the CRA shall give all employees and job applicants for employment a written policy statement which contains: 1. A general statement of the CRA's policy on employee drug use, which must identify: a. The types of drug testing an employee or job applicant may be required to submit to, including reasonable - suspicion drug testing or drug testing conducted on any other basis. b. The actions the CRA may take against an employee or job applicant on the basis of a positive confirmed drug test result. 2. A statement advising the employee or job applicant of the existence of section 440.102, Florida Statutes. . A general statement concerning confidentiality. 4. Procedures for employees and job applicants to confidentially report to a medical review officer the use of prescription or nonprescription medications to a medical review officer both before and after being tested. 5. A list of the most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. 6. The consequences of refusing to submit to a drug test. Page 35 of 90 . A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug rehabilitation programs. 8. A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to a medical review officer within 5 working days after receiving written notification of the test result; that if an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the CRA; and that a person may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration. 9. A statement informing the employee or job applicant of his or her responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section. 10. A list of all drugs for which the employer will test, described by brand name or common name, as applicable, as well as by chemical name. 11. A statement regarding any applicable collective bargaining agreement or contract and the right to appeal to the Public Employees Relations Commission or applicable court. 12. A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication. Drug Testing The CRA will conduct the following types of drug tests. Testing will be conducted by the current vendor as identified by the CRA's HR designee. Employees refusing to submit to urinalysis or blood testing will be considered in violation of CRA policy and will be subject to personnel action up to and including termination. All specimen collection and testing for drugs under this section shall be performed in accordance with the procedures set forth in section 112.0455, Florida Statutes. 1. Job applicant drug testing. The CRA requires job applicants for safety sensitive positions to submit to a drug test and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. . Reasonable- suspicion drug testing. The CRA requires an employee to submit to reasonable- suspicion drug testing when there is a belief that an employee is using or has used drugs in violation of the CRA's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts Page 36 of 90 in light of experience. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with a drug test during his employment with the CRA. e. Information that an employee has caused, contributed to, or been involved in an accident while at work. If an injured employee refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits under Chapter 440, Florida Statutes the Workers' Compensation Law. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the CRA's premises or while operating the CRA's vehicle, machinery, or equipment. If drug testing is conducted based on reasonable suspicion, the CRA shall promptly detail, in writing, the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the CRA and shall be retained by the CRA for at least one year. 3. Routine fitness - for -duty drug testing. An employee may be required to submit to a drug test as part of a routinely scheduled employee fitness - for -duty medical examination if such examination is part of an established policy or is scheduled routinely for all members of an employment classification or group. 4. Follow-up ru testing. If the employee in the course of employment enters an employee assistance program for drug - related problems, or a drug rehabilitation program, the CRA will require the employee to submit to a drug test as a follow -up to such Page 37 of 90 program, unless the employee voluntarily entered the program. In those cases, The CRA has the option to not require follow -up testing. If follow -up testing is required, it must be conducted at least once a year for a 2 -year period after completion of the program. Advance notice of a follow -up testing date must not be given to the employee to be tested. The CRA may test an employee or job applicant for a safety - sensitive position for any drug. "Drug" means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph. The CRA may test an individual for any or all of such drugs. Before and/or after testing, employees or applicants should provide to the testing organization information on medication being taken. This information is confidential, and the testing laboratory will take this information into consideration. Please be advised that prescription pain killers, diet prescriptions, tranquilizers, and cough medicines may contain drugs for which tests are run. The testing laboratory can provide technical information on prescription and non - prescription drugs as they affect the tests. The following is an non - inclusive list of some of the over -the- counter and prescription drugs could alter or affect the outcome of a drug test- 1 , Alcohol - All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vicks Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof). 2. Amphetamines - Obetrol, Biphetamine, Desoxyn, Dexedrine, i r x. 3. Canabinoids Marijuana - Marinol (Dronabinol, THC). 4. Cocaine - Cocaine HCI topical solution (Roxanne). 5. Pengyclidine - not legal by prescription. 6. Methaqualone - not legal by prescription. 7. Opiates - Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin Page 38 of 90 with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M -S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. 8. Barbiturates - Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. 9. Benzodiazepines - Activan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Vestran, Halcion, Paxipam, Restoril, Centrex. 10. Methadone - Dolphine, Methadose. 11. Proposyphene - Darvocet, Darvon N, Dolene, etc. Testin All specimen collection and testing for drugs under this section will be conducted by the current vendor as identified by the CRA's HR designee and shall be performed in accordance with the requirements of Section 440.105(5), Florida Statutes including the following procedures: 1. A sample shall be collected with due regard to the privacy of the individual providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. 2. Specimen containers will be labeled so as to reasonably preclude the likelihood of erroneous identification of test results. Specimen collection, storage, and transportation to the testing site shall be performed in a manner that reasonably precludes contamination or adulteration of specimens. 3. A form for the employee or job applicant will be furnished to provide any information the employee considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The form will include the most common medications by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. The providing of information shall not preclude the administration of the drug test, but shall be taken into account in interpreting any positive confirmed test result. 4. The CRA shall pay the cost of all drug tests, initial and confirmation, which the CRA requires of employees. An employee or job Page 39 of 90 applicant shall pay the costs of any additional drug tests not required by the CRA. Positive Tests: Actions and Conse uences 1. Within 5 working days after receipt of a positive confirmed test result from the medical review officer, the CRA shall inform an employee or job applicant, in writing, of such positive test result, the consequences of such results, and the options available to the employee or job applicant. The CRA shall provide to the employee or job applicant, upon request, a copy of the test results. For purposes of this Section, "Medical review officer" shall be a licensed physician, employed with or contracted with the CRA or HR Department, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information 2. Within 5 working days after receiving notice of a positive confirmed test result, an employee or job applicant may submit information to the CRA explaining or contesting the test result, and explaining why the result does not constitute a violation of the CRA's policy. 3. If the employee's or job applicant's explanation or challenge of the positive test result is unsatisfactory to the CRA, a written explanation as to why the employee's or job applicant's explanation is unsatisfactory, along with the report of positive result, shall be provided by the CRA to the employee or job applicant; and all such documentation shall be kept confidential by the CRA in accordance with the provisions set forth later in this section and shall be retained by the CRA for at least one year. 4. The CRA may not terminate, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer. 5. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of at least 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or Page 40 of 90 job applicant shall notify the laboratory and the same shall be retained by the laboratory until the case or administrative appeal is settled. During the 180 -day period after written notification of a positive test result the employee or job applicant who has provided the specimen shall be permitted by the CRA to have a portion of the specimen retested, at the employee's or job applicant's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the CRA is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. 6. An employee found through testing to have an alcohol concentration of 0.05 in his or her system while at work will be immediately removed from his or her workstation and may be terminated, disciplined or referred to the employee assistance program (EAP) for counseling. An employee who is diagnosed as having a mind - altering substance in his or her system while at work and such results are verified by a confirmation test, will be put on probation and may be subject to termination and/or forfeiture of his or her eligibility for medical and indemnity benefits. If an accident has occurred while the employee was under the influence of any drug including alcohol, the employee faces the risk of forfeiture of workers' compensation benefits. 7 At the discretion of the Executive Director, an employee can be given the opportunity to participate in the CRA- approved assistance program with continued employment conditioned on remaining drug -free. Abstinence from drugs will be determined by random follow -up blood and /or urine drug tests. Confirmation esi_ 1. If an initial drug test is negative, the CRA may in its sole discretion seek a confirmation test. 2. Only licensed or certified laboratories may conduct confirmation drug tests. 3. All positive initial tests shall be confirmed using gas chromatography /mass spectrometry (GC /MS) or an equivalent of more accurate scientifically accepted method approved by the Agency for Health Care Administration or the United States Food Page 41 of 90 and Drug Administration as such technology becomes available in a cost - effective form. 4. if an initial drug test of an employee or job applicant is confirmed as positive, the medical review officer shall provide technical assistance to the CRA and to the employee or job applicant for the purpose of interpreting the test result to determine whether the result could have been caused by prescription or nonprescription medication taken by the employee or job applicant. Confidentiality 1. Except as otherwise provided in this subsection, all information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of a drug - testing program are confidential and exempt from the provisions of section 119.07(a) and section 24(a), Art. 1 of the State Constitution, and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter. 2. The CRA, laboratories, medical review officers, employee assistance programs, drug rehabilitation programs, and their agents may not release any information concerning drug test results obtained pursuant to this section without a written consent signed voluntarily by the person tested, unless such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The written consent must contain, at a minimum: a. The name of the person who is authorized to obtain the information. b. The purpose of the disclosure. C. The precise information to be disclosed. d. The duration of the consent. e. The signature of the person authorizing release of the information. 3. Information on drug test results shall not be used in any criminal proceeding against the employee or job applicant. Information Page 42 of 90 released contrary to this section is inadmissible as evidence in any such criminal proceeding. 4. This subsection does not prohibit the CRA, agent of the CRA, or laboratory conducting a drug test from having access to employee drug test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter. 5. The exemptions in this subsection are subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes Miscellaneous 1. If the CRA terminates or disciplines an employee or refuses to hire a job applicant in compliance with this policy statement, such termination or discipline or refusal is considered "for cause." 2. No physician - patient relationship is created between an employee or job applicant and the CRA or any person performing or evaluating a drug test, solely by the establishment, implementation, or administration of a drug - testing program. Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under Florida's Workers Compensation. Refusal to take drug or alcohol tests also results in forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. -7 Accommodations for Employees with Disabilities Reporting Procedure Individuals with disabilities may make a request for reasonable accommodations to his/her direct supervisor or the CRA Human Resources designee. Upon receipt of an accommodation request, Human Resources will meet with the requesting employee to discuss and identify the precise limitations of job and/or life functions resulting from the disability and the potential accommodations the CRA might make to overcome those limitations. Page 43 of 90 Feasibility_ The CRA shall determine the feasibility and reasonableness of the requested accommodations, the availability of tax credits and deductions, outside funding, overall financial impact of accommodations and the potential impact on the operation of the CRA, including the impact on the ability of other employees to perform their duties. Notification The CRA will inform the requesting employee of its decision on the accommodation request and, when appropriate, the steps necessary for making the accommodation. A decision under this section shall be reviewable in accordance with the grievance procedures outlined in Section 3 of this manual. SECTION 06: EMPLOYEE BENEFIT PROGRAMS -1 VACATION L EAVE: A. Purpose of Vacation Leave The purpose of vacation leave is to provide regular full -time exempt and non- exempt employees with an opportunity to be absent from work for approved reasons without loss of pay or benefits. B. Accrual Rate and Maximum Accrual Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation leave accrual upon completion of the ninety (90) day probationary period initiated with the employee's first day of employment. Accrual rate, as outlined in the following table shall occur from the date of initial employment and accrue per completion of the established pay period cycle. All references to "years of service" are defined as "continuous" years of service for the purposes of this policy. Eay Annual Annual Years of Service Period Hours Days Accrual Years 1 through 4 3.08 80 10 Years 4 through 9 4.62 120 15 Years 10 and after 6.15 160 20 Page 44 of 90 The maximum number of vacation hours that an employee may accrue cannot exceed 320 hours. Any vacation hours in excess of 320 hours will be forfeited. Upon separation the CRA will pay out the accrued vacation time up to a maximum of 320 hours. -2 SICK LEAVE: As each month passes, a regular full -time exempt or non - exempt employee accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days per year constituting a maximum ninety -six (96) hours per year. Sick leave with pay shall be computed from the hire date of the employee with accumulation of sick leave not to exceed 480 hours or sixty (60) working days. Upon separation the CRA will pay out the accrued sick time up to a maximum of 480 hours. An employee will be granted sick leave if the employee's absence from work is necessitated by one (1) of the following reasons: A. Employee's health or the health of an immediate member of the employee's family. (For purposed of this section, "immediate family" is defined under Definitions, Section 1 -4). B. Medical, dental or optical treatment, which is necessary during working hours. C. Quarantine due to exposure to a contagious disease. All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one -day absence. Employee absences for more than three (3) consecutive days due to national, state, or local emergencies will not require a doctor's certification. A Sick Leave Sharing Program is available for full -time employees who are absent from the workplace for an extended period of time due to an illness or accident and have depleted both their accrued sick leave time and accrued vacation time. Employees wishing to donate time may use either accrued sick or vacation time, but must have 80 hours remaining in each contributing bank (sick or vacation) after the donation. Requests will be granted at the discretion of the CRA Executive Director, Page 45 of 90 -3 HOLIDAYS: A. The following holidays will be observed each year: New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day B. Other days as specifically designated from time -to -time. The CRA Executive Director reserves the right to declare these and any other holidays on a date designated by the CRA Executive Director; such dates do not necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full time employees shall be paid for the legal holidays at their current pay rate. Regular full time non - exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full - time employees must be in pay status during regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part -time, temporary, and emergency appointed employees are not entitled to holidays with pay. 6-4 COMPASSIONATE LEAVE: Employees may be granted by the CRA Executive Director, upon request, up to five (5) working days of compassionate leave with pay due to a death in an employee's Immediate Family. Under extreme circumstances and with the written approval of the CRA Executive Director, the leave may be extended. Any additional time, which may or may not be granted in addition to the five (5) days, shall be charged against accumulated sick leave, vacation or personal holiday time. - : Any employee summoned for jury duty or to be a witness related to CRA business shall comply with such summons without loss of pay. Any Page 46 of 90 compensation received as a result of compliance with such summons shall be returned to the CRA, less any amount attributable to an allowance for mileage. If an employee is summoned to appear for jury duty or as a witness, the employee must notify the CRA Executive Director or HR Designee immediately. An employee receiving a witness summons for non -CRA business must use accrued vacation or compensatory time to cover the work hours missed. 6-6 MILITARY LEAVE: olic The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed Forces obligations or annual training sessions or active duty call -up and provides this benefit to eligible employees. It is the policy of the CRA to comply with the Uniformed Service Employment and Reemployment Act of 1994, as amended (USERRA) and all state laws governing employment and reemployment of employees serving in the armed services. The CRA prohibits discrimination against employees on the basis of military duty, affiliation or status and requires reinstatement of an employee following military leave to the same position or a position of like seniority, status and pay, as provided by state and federal law. Notice Period Unless precluded by military necessity or circumstances under which the giving of notice is otherwise impracticable or unreasonable, the employee (or appropriate officer of the uniformed service in which the employee is to serve) must give as much advance written or oral notice as possible of the need for military leave. Inactive y If an employee is a member of a reserve unit, and is required to attend training or annual two -week drill, or any other mandatory military exercise, the employee may elect to take annual leave, if sufficient leave has been earned, or to take a military leave of absence. Active Duty If an employee is absent from work due to active military service, The CRA will grant the employee a leave of absence for the duration of such period of service up to the maximum required by USERRA. Page 47 of 90 Reemployment Under USERRA, an employee is entitled to reemployment by the CRA upon separation from the military service provided the employee. • Was honorably discharged or terminated from service. • Was employed in a position for which there was an expectation of continued employment. • Has not been absent for duty in the Uniformed Services for longer than a cumulative period of five years unless involuntarily retained in the Uniformed Service. • In all cases, an employee will be reinstated in accordance with applicable federal and state law. • Reported to work or notified his or her supervisor of an intention to return to work, at the proper time as indicated in the following table: Period of Service Action Employee When Action Must Be Taken Must Take from Completion of Service 1 -30 days Report to Work (1) On the next regularly scheduled work shift on the first calendar day after service ended, plus the time for transportation back to employee residence of 8 hours rest — OR — (2) as soon as possible after the 8 hour rest period, if, through no fault of the employee, it would be impossible or unreasonable to report within the time period described in (1). 31 -180 days Notify supervisor in Within 14 calendar days. writing of intent to return to work. 181 or more days Submit a written Within 90 calendar days after request for completing service. r If complying with a deadline is impossible or unreasonable through no fault of the employee, notice shall be submitted upon the next first full calendar day when submitting the request becomes possible. This policy may not address all issues concerning your rights during military leave. Insofar as issues arise that are not addressed in this policy, the CRA will Page 48 of 90 abide by USERRA and any controlling state laws. Should you have any questions or require further information, please see Human Resources for further information regarding military leave. -7 DISABILITY: Regular full time exempt and non - exempt employees may experience illness or disability requiring that an employee is unable to work for a duration of time, which may or may not be defined at the onset of the illness or disability. Employees under a physician's care that require an extended duration of time away from work due to such illness or disability will have their positions (or a position of equal compensation and comparative duties /responsibilities) held for a maximum of One Hundred Sixty (160) working days, constituting a total of 1,280 hours. Employees exercising provisions of this section may continue their regular compensation through use of the employee's accrued sick, annual, and/or any otherwise authorized accumulated /credited leave time that has been earned /accrued by the employee and recorded by the CRA. Employees who do not return to work at or prior to the expiration of the allowable 1,280 hours will be deemed to have abandoned their position with the CRA. For procedures to request an accommodation for disability, see section -7 above. 6-8 LIFE I section 6 -10 below. LEAVE WITHOUT : A regular full time exempt or regular non - exempt employee may be granted leave of absence without pay for a period not to exceed One Hundred Sixty (160) working days (1,280 hours) for illness, disability or other reasons. Such reasons, other than physician attended illness or disability, must be outlined in writing and submitted to the CRA Executive Director for review and approval or denial. Employees may not be employed elsewhere during an authorized Leave without Pay period of time. Such leave shall require the prior approval of the CRA Executive Director. Employees that are on approved leave of absence without pay will be responsible for paying the premiums and/or other established payroll deduction requirements for continuation of benefits. Employees will not continue to receive time accrual for any benefits during the duration of the Leave without Pay Period, except as may be provided for under State and /or Federal Law. Page 49 of 90 6-10 MEDICAL, VISION, LIFE I C : The CRA will offer regular full time employees medical, dental, vision and life insurance coverage utilized by the City of Boynton Beach as defined in Resolution No. R06 -059 dated February 14, 2006 and as may be amended from time -to -time. The CRA will cover the cost for exempt and non - exempt full time employee insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse and/or children of the employee. All full time non- exempt and exempt employees are eligible for benefits the first day of the month following 30 calendar days from the employee's hire date. Part time, temporary, and emergency hire employees are not eligible for benefit coverage. Employees on approved leaves of absence must pay the non - subsidized rate for all insurances in effect during their leaves of absence. Upon either voluntary or involuntary termination of employment, benefit payments for medical, dental, vision, and life /disability will continue to be fully paid for by the CRA through the last day of the month following ninety (90) days after the date of employment termination. For example, if the last day of employment is January 15 benefits will be paid in full by the CRA through the last day of April, or April 30. Regular full time non - exempt and exempt employees that decline (opt out) of medical benefit coverage shall receive a 50% payment in lieu of the associated expense that would have been borne by the CRA. The 50% payment will be calculated using the current payment required by the CRA for employee only medical coverage and shall be included in the employee's bi- weekly pay. -11 RETIREMENT: All regular full time exempt and non - exempt employees will be eligible to participate in the CRA's 457(b) Deferred Compensation Plan and 401(a) Profit Sharing Retirement Plan. The 457(ib) Deferred Compensation Plan is contributory on the part of the employee and is effective at the end of the employee's probationary period. The CRA will match employee contributions up to 5% of the employee's gross salary on an annual basis starting each fiscal year (October through September). The employee is 100% vested immediately upon the employee's achieving full employment status at the end of their probationary period. There is no match by the CRA if the employee elects NOT to participate in the 457(b) Deferred Compensation Plan. The 409(a) Lump Sum Employer Contribution Retirement Deferred Compensation Plan is non - contributory on the part of the employee. Eligibility for Page 50 of 90 this contribution is based upon the employee's successful completion of the Initial Probationary Period. The amount of the Lump Sum Employer contribution, if granted, is based upon a Uniform Retirement Percentage as determined by the CRA Board and is administered by the CRA Plan Coordinator. Employee's that complete their probationary period during any month of the fiscal year will have the employer contribution prorated. By way of example, if an employee is eligible to receive $3,400.00 (based on an annual salary of $50,370.00) for a full year's employer lump sum contribution the employee will receive a prorated share of that amount for the months between the end of their probationary period and September 30 The employer's full contribution calculation will commence with the start of the next fiscal year. Eligible employees may receive profit sharing contributions regardless of whether they participate in the 457(b) Deferred Compensation Plan. Actual payment of contributions to the 401(a) Lump Sum Employer Contribution Plan is at the discretion of the CRA and may be made at any time during the fiscal year as determined by the CRA Plan Coordinator. SECTION 7: CREDIT CARD POLICY POLICY PURPOSE: The Boynton Beach Community Redevelopment Agency's ( "CRA ") Purchasing Card (credit card) policy is designed to improve efficiency in processing purchases approved in the annual CRA budget for official CRA business of a public purpose. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the Agency's name is clearly shown on the card as the governmental buyer of the goods and services. The purpose of this policy is: 1. To provide an efficient method of purchasing and paying for goods and services as approved in the annual CRA budget for Agency business of a public purpose. . To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 3. To provide for disciplinary action if the purchasing credit cards are misused. Credit Cards are issued to each member of the CRA staff and monthly credit limits are set according to the responsibilities of each position. Page 51 of 90 Procedures Cardholder: • Hold and secure purchasing card. • Complies with procurement policies and procedures. • Assures that budget exists for purchased items. • Assures receipts identify detail of items being purchased. • Identifies account number, associated dollar value, and reason for purchase on each purchase receipt. • Hold original receipts for monthly credit card reconciliation. • Completes monthly credit card reconciliation and submits to Finance department for payment. • Identify disputed charges. • Responsible for all purchase transactions on the assigned purchasing credit card. Finance • Requests from credit card vendor purchasing card for designated employees. • Sets spending limits for each cardholder. • Provides Purchasing Card agreement to employee. Maintains executed agreement. • Receives consolidated and individual statements and distributes to cardholders for reconciliation. • Receives completed employee monthly credit card reconciliations. • Approveldisapprove all purchasing card requests. • Coordinate issuance and cancellations of cards. • Participate in resolving billing disputes. • Pay all monthly charges from consolidated statement. • Collects cards from cardholders that terminate employment. LOST OR STOLEN A I a. If a purchasing card is lost or stolen, the Cardholder must immediately notify the issuing bank and the CRA Finance of the loss, verbally and in writing. b. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. TERMINATION L . When an employee ends his or her employment, Finance shall immediately collect the purchasing card and destroy it. Page 52 of 90 b. If the Finance is unable to collect the purchasing card when an employee terminates, the Finance department will immediately notify the issuing bank to ensure that the card is cancelled. LIMITATIONS ON USE OF PURCHASING CARD CARDHOLDER USE L The purchasing card may be used only by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use. If personal use is unavoidable in the context of travel, the employee will segregate and document such charges and reimburse the CRA accordingly and immediately (see Travel & Entertainment Policy). If items of a personal nature are charged by the employee in error, the employee must immediately submit a check to the Finance department reimbursing the CRA and document such personal use in memorandum form. Personal use will require immediate reimbursement and can result in disciplinary action which may include cancellation of the employee's purchasing card privileges, dismissal and /or criminal charges. In addition to any administrative and disciplinary action that may be taken, the employee may be required to reimburse the CRA for the total amount of the improper charges through payroll deduction or direct payment. PROHIBITED _ USES OF PURCHASING The following types of items may not be purchased with a purchasing card, regardless of the dollar amount. Cash advances Personal use items PURCHASING CARD SECURITY Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. Page 53 of 90 a. STORAGE OF THE PURCHASING CARD Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. b. ACCOUNT NUMBER Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. d. LOST OR STOLEN CARDS If the purchasing card is lost or stolen, you must immediately notify the credit card issuer, document the report, and notify the Finance Department. MISSING DOCUMENTATION If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. Attached Forms o CRA Purchasing Card Program Employee Agreement o Credit Card Reconciliation Form SECTION 08: COMMUNICATIONS SYSTEMS POLICY 8 -1 Statement of Policy. Electronic communications, including the contents of CRA owned computers, telephones and facsimiles are the property of the CRA. This policy is intended to apply to employees' use of their personal equipment that may be used on CRA property (including CRA vehicles), or during CRA- related activity. The purpose of this policy is to set forth guidelines regarding access to and dissemination of information /messages sent or received by CRA employees. The internet, email, phone mail or other communications or information systems of the CRA are not to be used in any manner that is offensive, disruptive, abusive or harmful to others or to CRA morale. Employees in violation of this policy are subject to disciplinary action, up to and including termination. Page 54 of 90 -2 No Expect of rivac : The CRA treats all computer files, including but not limited to email sent or received, as CRA- related information, and unless expressly exempt, a public record under Chapter 119, Florida Statutes. The CRA has the ability and the right, with or without notice, to access, monitor, review, copy and/or delete any computer files, including but not limited to emails sent or received, and all internet -based and internal communications and /or transactions. If an employee makes incidental use of the CRA's computer system for personal files or email, such employee has no expectation that such personal files will be protected from review and/or deletion by the CRA. Accordingly, employees should not use CRA computer systems to create, transmit or store any information they wish to keep private. Because the CRA is sensitive to legitimate privacy rights of employees, effort will be made to conduct workplace monitoring in a respectful manner. 8 -3 Use of Systems for Harassment: Use of the CRA computer system, or of any technology, whether owned by CRA or not to engage in communication that violates CRA policy is strictly prohibited. The CRA prohibits the display, storage or transmission of sexually explicit images, messages, cartoons, or any transmissions or use of communications that contain profane of offensive language; ethnic, religious or racial slurs; or any other communication that will likely be construed as harassment or disparagement of others based on race, color, national origin, gender, age, disability, religion, sexual orientation or political beliefs. 8 -4 Non - solicitation; Outside Employment: The CRA computer system shall not be used to solicit for commercial ventures unrelated to CRA business, religious or political causes or outside organizations unless expressly authorized by the CRA. 8-5 Software The CRA prohibits the use of any computer software or programs that are not expressly authorized and installed by the CRA. Employees shall not make unauthorized copies of any computer software or programs installed by the CRA. Termination: All equipment and computer - related files, programs and materials issued or purchased by the CRA remain the property of the CRA. Upon voluntary or involuntary termination of employment or service with the CRA, employees may not retain any equipment, computer programs, files or materials. Upon Page 55 of 9 termination, the CRA will turn off all computer and communications systems issued to the terminated employee. 8-7 Reporting: All reports of violations of this policy and all questions related to this policy should be directed to the employee's immediate supervisor, or, if the supervisor is unable to satisfactorily resolve the issue or is closely connected with a violation of the policy, to the Human Resources Department. SECTION 09: MISCELLANEOUS -1 Personal Appearance/Dress Code: Employees are expected at all times to present a professional, businesslike image to citizens. Courtesy, appearance, body language and manners are all important in projecting a positive professional image. Employees are expected to dress and groom in a neat, clean and businesslike manner consistent with the position and work location, and demonstrate pride in their job. The following is a guideline of appropriate appearance and attire: Hair should be clean, combed and neatly trimmed or arranged. Unkempt hair is not permissible regardless of length. Sideburns, moustaches, and beards should be neatly trimmed. Administrative personnel who work in offices and any employees who have regular contact with the public must wear clothing that is businesslike in appearance, such as a business suit, business shirt with or without a tie; polo shirt; CRA logo shirt; slacks such as Dockers or similar style; business dress or skirt with a blouse /sweater; or non -denim Capri pants. The length of a dress /skirt is to be no shorter than 3" above the knee. Clothing is not considered businesslike in appearance if it is: Casual sportswear, such as cargo pants, stirrup pants, or stretch pants Ripped or disheveled clothing or athletic wear Skorts or Shorts Garments made of blue denim, Lycra or other form - fitting material Low Rise, low cut, hipster or hip - huggers pants, which leads to exposure of the mid - section Exposure of boxer shorts Sweatshirts, T -Shirts (with the exception of CRA Logo items) or Halter Tops Skirts and Culottes that are greater than 3 inches above the knee Flip -Flops or Athletic shoes Page 56 of 90 Shirts that show any part of an undergarment Shirts that inappropriately expose cleavage or the mid - section Shirts unbuttoned more than the 2 nd button from the top See through, mesh, or clothing that is too tight Each Friday has been designated as dress down day for those employees who regularly follow the office dress code (non- uniformed, clerical, etc). It is a privilege which permits a relaxation of the normal business attire described above. The same guidelines for businesslike attire apply on Fridays, dress down day, with the exception that jeans, tee shirts, and athletic shoes are allowed to be worn. Clothing should be neat in appearance and without tears or holes (even if it is the style). Tee shirts must not have anything that has advertising on it. There are times when traditional business attire should be worn on days when casual attire is permitted. Employees should take the day's schedule into account when they dress. If a meeting is scheduled with visitors, or if there are visitors with whom the employee will come in contact, business attire may be more appropriate. The CRA's primary object is to have employees project a professional image while taking advantage of more casual and relaxed fashions. Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises. Non - exempt employees will not be compensated for any work time missed because of failure to comply with this policy. Violations of this policy also will result in disciplinary action. Page 57 of 90 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, (employee name) (employee social security number), hereby request a Purchasing Credit Card ( "Card "). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. i understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax - exempt number. I agree to return the Card immediately upon request or upon termination of employment) including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips /receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1- 561 -737- 3256) of the loss, verbally, and in writing. €mployee Signature and Date Witness Signature and Date Director of Finance and Date Page 58 of 90 - — ------------------- L - Credit Card Reconciliation Form Name Date Date of Expe se Amount PO# Account Vendoir Business r se rticipants i or C Office S -------------- 51230-310 $ 51325-310 51440-310 57400-310 $ 57500-310 $ Total $ Total $ Billed Note: This is the amount showing on your credit card Amount statement. Note: After all expenses are recorded, the difference should be Difference A $0.00. Employee Signature Date Finance Department Signature Date Page 59 of 90 k� } S q I BOYNTO- N CRA APPENDIX Revised HIRING AND TERMINATION POLICIES AND PROCEDURES MANUAL Page 60 of 90 TABLE OF CONTENTS INTRODUCTION 62 I. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement 63 B. At -Will Employment 63 C. Equal Employment Opportunity /Anti- Discrimination Policy 63 iI. RECRUITMENT & SELECTION A. Research Phase - Overview 64 B. Review External Source Alternative 64 C. Selection Phase - Overview 64 D. Application /Resume Screening 66 lll. JOB OFFER STAGE A. Employment Reference Check Policy 67 B. Fair Credit Reporting Act 67 C. Criminal Background Check Policy 67 D. 1 -9 Form Requirements 67 IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance Behavior 69 B. Behavior Problems 69 C. Formal Actions 69 69 E. Progressive Discipline Policy — Four Steps 70 V. APPENDICES A. Employment Application 72 B. Sample Phone Interview Questions 79 C. Reference Checking Form 82 D. 1 -9 Form 84 E. Performance CounselingNVritten Warnings 86 F. Separation Report 88 G. Terminated Employee's Reference 90 Page 61 of 90 INTRODUCTION The contents of this policies and procedures manual does not create a contract, express or implied. It is not all inclusive, and is only a set of guidelines. The manual does not alter the "at -will" relationship between the CRA and the employee (unless the employer wants to change this traditional relationship). T he manual does not guarantee employment for any definite period of time and applies to all CRA employees. The manual supersedes any previous written or unwritten policies. The manual can only be changed in writing, by the Executive Director. In the event of a conflict between this manual and the Human Resources Policy and Procedures Manual, the latter shall govern. Page 62 of 90 f. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement Objective The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and /or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the Human Resources Department or a Board member. The CRA expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. B. At -Will Employment Employment with the CRA is "at will' and is terminable by either party for any reason or no reason. Successful completion of a robationa period does not conclude or alter the "at -will" relationship. C. Equal Employment Opportunity /Anti- Discrimination Policy 1. Scope of Policy The policy of equal employment opportunity and anti - discrimination applies to all aspects of the relationship between the CRA and its employees and job applicants including, but not limited to: • Recruitment • Employment • Promotion • Transfer • Training • Working conditions • Wages and salary administration • Employee benefits and application of policies The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Page 63 of 90 2. Implementation of Policy The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self- identify, employment records or observer identification may be used. 3. Procedures CRA practices identified herein include: a. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. b. All advertising for job applicants includes the statement "An Equal Opportunity Employer - MIF /D/V." II. RECRUITMENT & SELECTION A. Research Phase - Overview 1. Current employees. 2. Employee referrals. 3. Former employees. B. Review External Source Alternatives Include: 1. Companies /organizations; billboards; billing inserts. 2. College and university career services or placement centers. 3. Community schools and colleges. 4. Current prospects, and candidates; ethnic organizations. 5. Internet ads; bulletin boards; Internet newsgroups. 6. New employee referrals; newspaper ads. 7. Newspaper articles; open houses; other companies and agencies that are downsizing. S. Private employment agencies; professional associations. 9. Professional conferences; professional journal ads. 10. Professional networks. 11. Public employment agencies; radio ads; radio reports. 12. Senior citizen groups; television ads; television reports. 13. Temporary help agencies; trade associations. 14. Trade or professional journal ads or articles. C. Selection Phase -- Overview 1. Resume Review Page 64 of 90 2. Set Up Interview Appointments 3. Evaluate the candidate's explanation for staying at previous jobs and for leaving previous jobs. a. Evaluate the needs and wants of the candidate for any of the following: 1. Fit with the profession. 2. Fit with the culture and vision of the CRA. 3. Fit with the management or leadership styles of CRA personnel. 4. Fit with the organizational vision and values. 5. Fit with the organizational goals and objectives. 6. Fit with the specific position the candidate is being considered for in terms of job tasks, knowledge skills and abilities. b. Specific job requirements 1. Review the starting salary range and future salary expectations. 2. Review the mandatory and flexible benefits 3. Clarify any special family issues. 4. Clarify the amount of travel involved C. Evaluate the candidate relative to these three (3) key questions: 1. Does the job candidate appear to be fully qualified now? 2. Does the candidate appear to be readily trainable in areas where he or she can become fully qualified? 3. Should the job candidate continue in the selection process? d. Review and obtain the legal release to authorize a background check. e. Ensure the candidate knows that his/her final offer is contingent upon successful completion of the reference check, criminal background check, Fair Credit Reporting Act, and drug testing procedures if applicable for the position. 4. Set up the job - related testing processes if applicable to the position. a. Coordinate the candidate testing to be completed when, where,\ by whom. b. Obtain and review the results of all tests for each candidate and C. Inform the candidate of results of the tests and the next steps in the process. Page 65 of 90 D. Application /Resume Screening 'I. Pre - Employment Inquiries: The CRA will follow all applicable laws as interpreted through court rulings and EE ®C decisions, that prohibits the use of all pre - employment inquiries and qualifying factors which disproportionately screen out member of minority groups or members of one sex, and are not valid predictors of successful job performance, and cannot be justified by "business necessity." In seeking information from job candidates, the CRA will consider the following factors: a. Will the answers to these questions directly or indirectly reveal information concerning an candidate's membership in a protected class? b. Will the answers to this question, if used in making a selection, result in disparate treatment or disparate effect on minorities and/or members of one sex? C. Is this information really needed to judge an candidate's competence? or qualification for the job in question? 2. Additional Points, Resume Checklist And Areas To Cover During The Screening Process: a. Pre - employment inquiries concerning race, color, religion, sexual orientation, national origin should not be asked. b. Do not ask any non - job - related questions that pertain to marital status, pregnancy, future child bearing plans and number /age of children. C. Do not require pre - employment information about child care arrangements from female candidates only. d. Use an English language proficiency test only if language skill is a requirement of the work to be performed. e. Does the candidate show a steady record of achievement? f. Has the candidate held responsible positions? g. Has the candidate managed his/her position in growth situations, and if so, for how long? h. Has the candidate previously solved key problems similar to the agency's? L Have there been sudden shifts in careers? j. Is the candidate transient? k. Is the resume clear about education and technical skills? I. Is the resume detailed and explanatory? M. Are prior positions explained adequately? n. Why does the candidate say they want the job? o. Has the candidate supervised or managed people? If so, how many? P_ What areas do you want to explore further? Page 66 of 90 III. JOB OFFER A. Employment efrenc Check Policy Job Candidates. To ensure that individuals who join the CRA are well - qualified and have a strong potential to be productive and successful, it is the policy to verify the employment references of the selected candidate prior to extending a job offer. The HR representative is designated to respond to reference check inquiries from other employers. All calls, contacts and written inquires concerning current or former employees should be referred to the Human Resources Representative. It is the policy of the CRA to provide neutral references concerning former employees. Responses to such inquiries will confirm only the dates of employment, wage rates and the title of position held. (See Appendix C for form). B. Fair Credit Reporting Act (FCRA) Once the results of the reference checks appear satisfactory, a conditional offer of employment may be extended subject to a satisfactory credit and criminal background check. (See Appendix C for form). C. Criminal Background Check Policy The CRA requires a criminal check for all full -time and part -time internal employees once a conditional offer of employment has been extended. Although a disqualification is possible, in accordance with federal and state laws, a previous conviction does not automatically disqualify a candidate from consideration for employment. Depending on a variety of factors (for example, the nature of the position, the nature of the conviction, age of the candidate when the illegal activity occurred), the candidate may still be eligible for employment with the CRA. However, if a candidate attempts to withhold information or falsify information pertaining to previous convictions, the employee will be disqualified from further employment consideration in any position with the CRA due to falsification of an application. Although a conditional offer of employment may be extended to a candidate prior to the completion of the criminal conviction check, the candidate's first day of work in the position must not be prior to the satisfactory completion of the criminal conviction check. D. 1 -9 Form Requirements (See Appendix D for 1 -9 form). Page 67 of 90 Whenever an employer hires an individual (U.S. citizen or non -U.S. citizen) as an employee, the CRA completes the 1 -9 form. An employee is defined as any person who performs labor or services in return for wages or other remuneration. If an employee does not have the proper documentation within three business days of his or her start date, the employer must terminate the employee. Three (3) business days means that the CRA counts weekends and holidays as business days if the CRA is open for business on those days. If within this time the employee produces a receipt showing that he or she has applied for a work authorization or identification document, the employee must be given ninety (90) days to produce the required documentation. 1. Compliance With and Completion of the 1 -9 Form There are three (3) important sections on the 1 -9 form that must be accurately completed in order to comply with the I -9 requirement. Section 1: The CRA completes section 1 at the time of hire (no later than the date the employee starts). It is the employer's responsibility to assure that the employee fills in the correct information and signs and dates the form. Section 2: The employee must present original documents (not photocopies) that establish identity and employment eligibility. See back of form for documents required. 2. Document Retention a. Retain the 1 -9 form for every employee for the full duration of that individual's employment.. b. Keep 1 -9 forms with employee's personnel file to facilitate retrieval in the event of an audit. C. The 1 -9 employment verification process is an integral part of the CRA's compliance with the U.S. Immigration Laws. 3. Copying Documents Although copying documents is not required (and does not relieve the employer of the obligation to complete the 1 -9 forms), in certain circumstances such a practice may be advisable, as follows: a. If copies of the documents are made, the copies must be retained with the 1 -9 form. b. Copies of documents may assist the CRA and its Attorney in preparing for a USCIS audit and in defending against claims that appropriate documentation was not demanded or presented. C. In addition, maintaining copies of documents may aid the CRA in defending against assertions that it accepted fraudulent documents that it should known were not genuine. Page 68 of 90 I. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance or Behavior Employee problems that require corrective action generally can be classified as either performance or behavior problems. Appropriately classifying the problem into one of these two categories is an important first step and will enable the HR designee to more effectively determine an appropriate response. B. Behavior Problems 1. Examples of behavior problems include: a. Misconduct b. Negligence C. Insubordination d. Poor attendance e. Other issues 2. Behavior problems are usually completely within the employee's control. For example, employees make conscious decisions every day to either leave home in sufficient time to arrive at work on time or not, to be truthful or not, to follow rules and procedures or not, to follow their supervisors direction or not. 3. Management can do little beyond clearly stating its expectations and holding each employee accountable to those expectations. a. As a result, these problems should be addressed in a straightforward and direct manner. b. Specifically, when the employees behavior does not meet the minimum expectations, formal corrective action should be taken in the form of a verbal warning, a written warning or possibly termination. C. Formal Actions 1. A clear statement describing the employees behavior deficiency, citing specific instances wherever possible. 2. A restatement of the minimum expectations /requirements with regard to the area of deficiency. 3. The consequences to the employee of future occurrences with this and/or related behavior deficiencies. 4. A memo (in the event of a written warning or final written warning) that the employee signs acknowledging that s /he understands the contents of the discussion. D. Formal Investigation 1. Frequently, it is necessary to conduct a formal investigation as a result of an employees behavior problem. Page 69 of 90 2. When the investigation concerns employee misconduct, negligence or illegal behavior,' it is a good practice to suspend the alleged violator, with pay, pending the outcome of the investigation. 3. when this occurs it is in the best interest of all parties concerned to conduct a thorough and expeditious investigation. 4. If wrongdoing is found, it is appropriate to either go back and not] pay the employee for the period of the investigation or terminate the employee effective the first date of suspension, or last written warning. 5. This practice will foster a presumption of innocence until guilt is proven. E. Progressive Discipline Policy - Four Steps Step One: Verbal counseling should be documented. 1. The documentation, which should include the date and time of the session, serves to memorialize the session so that it can be referred to subsequently. 2. The employee should be told that this is only a verbal counseling but should be asked to sign the documentation. to Two: First Written Warning. Step Three: Second Written Warning at he discretion of the Executive Director accompanied by a short suspension (usually one (1) to three (3) days with a long suspension) and usually at least one (1) work week. This may also be the Final Warning. Step Four Termination. 1. Some serious infractions warrant skipping one or more steps and jumping to a higher level of discipline (very serious infractions such as fighting or theft may warrant termination as the first and only step). 2. For very serious infractions, it may be appropriate to suspend an employee. 3. For example, it may be advisable to suspend employees involved in a physical altercation because the primary objective may be to remove the danger rather than to announce a termination and risk the escalation of a potentially dangerous situation. See Appendix E-G for relevant forms. Page 70 of 90 APPENDIX A Page 71 of 90 APPLICATION 710 N. Federal Highway, Boynton Beach, FL 33435 h Tic { EA H C RA The Boynton each (CRA) is an equal opportunity employer. It is the policy of the CRA to prohibit discrimination of any type and to afford equal employment opportunities to employees and applicants, without regard to race, color, religion, sex, national origin, age, disability, sexual orientation or veteran status. PERSONAL: Name: Date: Last First Middle MO/YR Address: Number & Street City State Zip Code Position Sought: Full Time Part Time Date Available: Salary Desired: , Phone Number: Social Security Number: Are you over 18 years old? Yes , No Are you legally eligible for employment in the United States? Yes _ No (If offered employment, you will be required to provide documentation to verify eligibility.) EDUCATION: Please indicate education or training which you believe qualifies you for the position you are seeking High School: No. of Yrs Completed (circle one) 1 2 3 4 Diploma: Yes _ No _ G.E.D.: Yes No School(s): _ City /State: College and/or Vocational School: Number of Years Completed (circle one) 1 2 3 4 School(s): City/State Major: Degrees am Page 72 of 90 Other Training or Degrees: School(s): City /State: Course Degree or Certificate Earned: PROFESSIONAL LICENSE I : Type of License(s) Held: State of Florida License: License Expiration Date: Other Professional Memberships: (You need not disclose membership in professional organizations that may reveal information regarding race, color, creed, sex, religion, national origin, ancestry, age, disability, marital status, veteran status or any other protected status.) This application for employment is good for thirty (30) days only. Consideration for employment after thirty (30) days requires a new application SKILLS: (Check all that apply) Office: Data Entry: Excel or: Typewriter: wpm: Other: Word- Processing: WordPerfect: MSWORD: Other: Other Software Skills: No: RECORD OF CONVICTION: During the last ten years, have you ever been convicted of a crime other than a minor traffic offense? Yes No If yes, explain: (A conviction will not necessarily automatically disqualify you for employment. Rather, such factors as age and date of conviction, seriousness and nature of the crime, and rehabilitation will be considered). Page 73 of 90 EMPLOYMENT: List most recent employer first, including U.S. Military Service. May we contact your present employer? Yes No If any employment was under a different name, indicate name Employer: Address: Telephone: Position: Dates of Employment: From: To: MOLAR MOLAR Salary: _ Supervisor: Department: Duties: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MOLAR MOLAR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MOIYR MOLAR Salary: Supervisor: Department: Duties: FT PT: No. Of Hrs. Reason for Leaving: Page 74 of 90 If you wish to describe additional work experience, attach the above information for each position on a separate piece of paper. Explain any gaps in work history: Have you ever been discharges or asked to resign from a job? Yes No If yes, explain: Name Name Address Address Phone ( } Phone ( ) Name Name Address Address Phone ( } Phone APPLICANT'S CERTIFICATION T I hereby certify that the facts set forth in the above employment application are true and complete to the best of my knowledge and authorize the Boynton Beach CRA to verify their accuracy and to obtain reference information on my work performance. I hereby release the Boynton Beach CRA from any /all liability of whatever kind and nature which, at any time, could result from obtaining and having an employment decision based on such information. I understand that, if employed, falsified statements of any kind or omissions of facts called for on this application shall be considered sufficient basis for dismissal. I understand that should an employment offer be extended to me and accepted that I will fully adhere to the policies, rules, and regulations of employment of the Boynton Beach CRA. However, I further understand that neither the policies, rules, regulations of employment or anything said during the interview process shall be deemed to constitute the terms of an implied employment contract. understand that any employment offered is for an indefinite duration, and at will, and that either I or the Boynton Beach CRA may terminate my employment at any time or without notice or cause. Signature of Applicant Date Page 75 of 90 FAIR CREDIT TI T DISCLOSURE STATEMENT FORM (The disclosure below must be by itself on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report may be obtained for employment purposes as part of the pre - employment background investigation and at any time during your employment. Please sign below to signify receipt of the foregoing disclosure. Candidate Signature Date WAIVER "This shall authorize the procurement of a consumer report by the Boynton Beach CRA as part of the pre - employment background investigation. If hired, this authorization shall remain on file and shall serve as an ongoing authorization for the Boynton Beach CRA to procure consumer reports at any time during my employment period." Candidate Signature Date Page 76 of 90 INVESTIGATIVE REPORT DISCLOSURE STATEMENT If using investigative consumer reports, the Agency must supplement the disclosure to comply with the additional requirements as follows: (The disclosure below must be on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report, including an investigative consumer report containing information as to your character, general reputation, personal characteristics, and mode of living, may be obtained for employment purposes as part of the preemployment background investigation and at any time during your employment. Should an investigative consumer report be requested, you will have the right to demand a complete and accurate disclosure of the nature and scope of the investigation requested and a written summary of your rights under the Fair Credit Reporting Act. Please sign below to signify receipt of the forgoing disclosure. Candidate Signature Date Page 77 of 90 APPENDIX Page 78 of 90 SAMPLE PHONE INTERVIEW I General The "general" questions provide you the opportunity to assess some important personal characteristics such as level of maturity, willingness to go the "extra mile ", work ethic, depth and breadth of previous work experience, level of realistic self- assessment, and reasonableness of the candidate's expectations relative to working for X Corporation. What, in your opinion, are the crucial factors that make a Manager /first line supervisor succeed? What do you consider your most important accomplishments to date and how do they relate to This position? Adaptability /Flexibility Questions in this dimension provide the opportunity to assess the degree to which the candidate is able to modify his/her behavior in order to adapt to changes in situations, time constraints and the changeable behaviors of others. When have you had to reschedule your time to accommodate an unexpected workload? Who or what was affected, and what were the outcomes? Please provide two or three examples when you went beyond the call of duty to get something done. This position requires an employee to work either days, afternoons, nights, weekends and holidays. An employee may also be called back to work or called in when they are not working. Are you willing to work these varying hours? Also, is there anything that would interfere with you being able to work varying hours? Integrity The integrity question provides you the opportunity to assess some important personal characteristics such as the ability to conduct oneself in a manner above reproach, and maintaining a good self -image for him or herself and X Corporation. How would you describe yourself in terms of your integrity, and what would two of your former supervisors and one of your co- workers say about your work habits, positive and negative, in general? Interest in Position The question in this category provide you the opportunity to assess the candidate's interest in working for Corporation X: performing day -to -day activities and their dedication to this position and corporation. 8. Please outline why your knowledge, skills, abilities (ksa's), educational background and other personality characteristics qualify you for this position. Prioritizing /Planning The question in this category provide you the opportunity to assess the candidate's ability to prepare, plan, and prioritize problem situations, tasks and responsibilities for him or herself in order to reach objectives and goals within time constraints. Page 79 of 90 9. What would you do during your probationary period to be the most effective and efficient? Reasoning and Judgment The question in this dimension enable you to assess the degree to which a candidate demonstrates the ability to recognize and identify problems, issues and concerns and connect one piece of information with another. 10. What has been a problem that you had to deal with in past employment situations? Tell us about how you analyzed the situation, how you identified the key factors, and developed your conclusions? Manageability The question in this dimension provide assessment of a candidate's "manageability" in terms of following orders, accepting constructive criticism and feedback, and the level of satisfaction with being a team member versus acting autonomously with limited regard or respect for the chain of command. 11. What kind of experience have you had working or being in a team environment and what do you need to feel sufficiently recognized for your contributions in fulfilling the X Corporation's mission? Second part of question; What kind of people do you dislike working with and how do you handle it when you have to work with them? Page 80 of 90 APPENDIX Page 81 of 90 REFERENCE CHECKING Candidate Name: Last First Middle Initial Reference Name: Company Name: Dates of Employment: From: To: Position(s) Held: Salary History: Reason for Leaving: Explain the reason for your call and verify the above information with the supervisor (including the reason for leaving). 1. Please describe the type of work for which the candidate was responsible. 2. How would you describe the applicant's relationships with coworkers, subordinates (if applicable), and with superiors? 3. Did the candidate have a positive or negative work attitude? Please elaborate. 4. How would you describe the quantity and quality of output generated by the former employee? Page 82 of 90 REFERENCE CHECKING FORM 5. What were his/her strengths on the job? 6. What were his /her weaknesses on the job? 7. What is your overall assessment of the candidate? 8. Would you recommend him /her for this position? Why or why not? 9. Would this individual be eligible for rehire? Why or why not? Other comments? 10. We are considering the candidate for a position that requires (Independent judgement, managing others, public contact, etc.). Do you believe the candidate can be successful in such a position? Why or why not? Page 83 of 90 APPENDIX See files for 1-9 form Page 84 of 90 Page 85 of 90 PERFORMANCE COUNSELING 1 WRITTEN WARNING EMPLOYEE: DATE: ❑ Counseling ❑ 1' Written Warning ❑ 2 nd Written Warning The purpose of this discussion is to once again bring to your attention ongoing deficiencies in your conduct and/or performance. The intent is to define for you the seriousness of the situation so that you may take immediate corrective action. Your job performance or conduct has been unsatisfactory, and must improve. REASON FOR COUNSELING OR WARNING: CORRECTIVE ACTION I I . You and I will meet at the end of days to review your progress. If significant improvement is not shown at the end of The warning process, your employment with the Boynton Beach CRA will be terminated. Please sign below. Your signature on this document is an acknowledgment that this matter has been discussed with you and you have reviewed this document prior to inclusion in your personnel file. You also acknowledge and understand the potential consequences of non- compliance. EMPLOYEE I SUPERVISOR I Page 86 of 90 APPENDIX Page 87 of 90 SEPARATION Employee: Supervisor: Start Date: Separation Date: Last Day Worked: Total hours worked: Accrued Vacation: Sick time: Comp time: (FOR PAYROLL USE ONLY) REASON FOR TERMINATION: • poor job performance o violation of CRA policy • did not meet performance goals o harassment or discrimination • excessive absenteeism o insubordination • lack of work o negligence • misconduct o discharge • terminated within 90 days of hire o other: Employee Rece Wages in lieu of notice Separation Pay —_ Vacation Pay Sick Pay Comp Time Voluntary Termination [ ] Involuntary Termination [ ] Was employee given reason for discharge? Yes [ ] No[ ] Had employee been warned about their conduct, attendance, work etc.? Yes [ ] No[ ] Is employee eligible for rehire? Yes [ ] No[ ] If no, why? Employee i ate: [ ] Employee Refused to sign [ ] Employee unavailable for signature [ ] Copy mailed via certified letter with return receipt Supervisor Signature: Date: Executive Director: Date: [ ] Copy to Employee Page 88 of 90 APPENDIX Page 89 of 90 TERMINATED EMPLOYEE REFERENCE As a former employee of the CRA, I understand that at some time in the future, someone may call the CRA for a reference. I give my permission for the following information to be provided on my behalf: ❑ A disclosure of my work record, including but not limited to: attendance performance reason for separation dates of employment title or position and rate of pay eligibility for re -hire ❑ A partial disclosure of my work record dates of employment eligibility for re -hire rate of pay ❑ A disclosure of my dates of employment only and an explanation that this limited reference was at my request. i recognize that by law, my former employers are required to provide information to a prospective employer if I am considered a harassment or workplace violence risk. Employee Signature Date Witness Signature Date Page 90 of 90 ATTACHMENT 2 CURRENT HR MANUAL SHOWING REVISIONS ! i 1 { BOYNT01q�,"'� �� HUMAN RESOURCES POLICY & PROCEDURE MANUAL Boynton Beach Community Redevelopment Agency Revised 710 North Federal Highway Boynton Beach, FL 33435 ril 1 00344780- 1 Table of Contents SECTION 01 : GENERAL PROVISIONS 1 -1 Purpose 4 1 -2 Positions Covered by These Policies 4 1 -3 Approval and Amendment of Policies 4 1 -4 Definitions 4 1 -5 Human Resources Administration 7 SECTION 0: RECRUITMENT, SELECTION 2 -1 Equal Employment Opportunity Statement 8 2 -2 Recruitment 9 2 -3 Employment Applications 9 2 -4 Selection Procedures 10 2 -5 Type of Employees 10 2 -6 Disqualified Persons 10 2 -7 Interviewing Process 11 2 -8 Recommendation for Employment 11 2 -9 Employment Acceptance 11 2 -10 Disqualification for Employment 12 SECTION 03: EMPLOYMENT PROVISIONS 3 -1 Probationary Period 12 3 -2 Terminations 12 3 -3 Performance Evaluations 13 3 -4 Harassment and Sexual Harassment 14 3 -5 Workplace Violence 16 3 -6 Formal Grievances 19 3 -7 Personnel Actions 20 3 -8 Code of Conduct and Disciplinary Provisions 21 SECTION 0: CLASSIFICATION & PAY PROVISIONS 4 -1 Classification Provisions 30 4 -2 Pay Provisions 30 4 -3 Hours of Work 1 Overtime 1 Compensatory Time 30 2 00344780-1 I EMPLOYMENT 5 -1 Outside Employment 31 5 -2 CRA Equipment 31 5 -3 Address & Telephone Numbers 32 5 -4 Political Activity 32 5 -5 Resignation 32 5 -6 Drug Free 33 Workplace Accommodations for Employees with 40 Disabilities SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6 -1 Vacation Leave 41 6 -2 Sick Leave 42 6 -3 Holidays 42 6 -4 Compassionate Leave 43 6 -5 Jury Duty 43 6 -6 Military Leave 44 6 -7 Disability 46 6 -8 Life Insurance 46 6 -9 Leave Without Pay 46 6 -10 Medical, Dental, Vision, Life Insurance 46 6 -11 Retirement 47 SECTION 07: CREDIT CARD POLICY 7 -1 Policy 48 SEC TION : COMMUNICATIONS SYSTEMS POLICY 88 ® 1 Statement of Policy 51 88 ® 2 No Expectation of Privac 51 88 ® 3 Use of Systems for Harassment 52 88 Non - solicitation; Outside Employment 52 8 Software 52 8 Termination 52 88_7 Reporting 53 APPENDIX 3 00344780 -1 SECTION 1: GENERAL PROVISIONS 1 -1 These policies are to provide guidance in the administration of the CRA's employees. It is the intent of these policies to ensure that CRA employees will be dealt with on an equitable basis, so that the citizens of the CRA area may derive benefits and advantages as a result of a competent CRA staff. It is the responsibility of all CRA employees to read and abide by all provisions of all policies even as amended from time to time. 1 -2 POSI COVERED I I : The policies shall apply to all non- contract employees. These policies shall also apply to employees with individual employment contracts, if incorporated by reference into the employment contract. 1 -3 APPROVAL AND AMENDMENT OF POLICIES: These policies shall be in force and in effect when approved by the CRA Board and replace existing policies and procedures. The CRA Board may amend these policies from time to time unless another means of amendment is specified in this document. 1 -4 DEFINITIONS • ADMINISTRATIVE REVIEW — Review and approval of a personnel action by the CRA Executive Director. • APPEAL — A request by a regular employee for consideration by the CRA Executive Director or Designee as applicable. • CLASSIFICATION PLAN — A Systemic arrangement of positions with a similar range of duties, level of responsibilities and nature of work preformed. • CONTINUOUS SERVICE — Employment that is uninterrupted by separations of employment, layoffs, etc. • CONTRACT EMPLOYEE — An employee under an individual employment contract with the CRA Board. Contract employees do not have any rights or benefits other than what is specifically stated in their individual employment contract. 4 00344780 -] • DEMOTION — Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. • DISMISSAL — The discharge of an employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. • EMPLOYMENT CONTRACT — An individual contract that provides a non - regular employee with a written agreement of employment terms. • EXEMPT EMPLOYEE— Any employee whose position is ineligible for overtime as determined by the Fair Labor Standards Act ( "FLSA "). • FULL -TIME EMPLOYEE— A regular employee who is scheduled to work a minimum of thirty -six (36) hours per week. • GRIEVANCE— Formal notice of dissatisfaction by a regular employee who feels he / she have been unjustly treated in cases regarding their employment. • HIRE DATE --An employee's date of hire or re -hire, whichever is later. • INITIAL PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. • JOB ANNIVERSARY / CLASSIFICATION DATE — the effective date of a promotion or demotion action. • LAYOFF — Dismissal from employment because of shortage of work or funds, or because of changes in the organization. • NON - EXEMPT EMPLOYEE — Any hourly employee whose position is eligible for overtime after forty (40) hours of work per week as determined by the Fair Labor Standards Act. • OVERTIME PAY— Pay for overtime or compensatory time worked in excess of a non- exempt employee's forty (40) hour workweek. • PART -TIME — Appointment to a position that usually requires a working schedule less than thirty -six (36) work hours per week. • PAY PLAN - A formal schedule of pay ranges containing a minimum, mid point and maximum value for all job descriptions. 5 00344760 -1 • PAY RANGE —The minimum and maximum pay established by the CRA Board for budgeted positions. • PERFORMANCE APPRAISAL — Assessment of how well an employee has performed during a period of time. • POSITION PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the effective date of a promotion or demotion of a regular employee. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Position Probationary Period, an employee may be returned or demoted to their former position without notice and without cause. • PROBATIONARY EMPLOYEES — Any employee who is serving in a new position either by appointment, promotion or demotion. Promotions or demotions occurring within the established initial probationary period shall cause an employee to begin a new initial probationary period. • PROMOTION - The assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. • RECLASSIFICATION - The change of a job classification due to a change in or an increase or decrease in the assigned duties and responsibilities of the position. • REGULAR EMPLOYEE — An employee who has achieved regular status after completing the established or applicable probationary period. • SUSPENSION — The separation with or without pay of an employee for a period of time. Exempt employees shall be subject to no less than one week suspensions without pay. • TEMPORARY EMPLOYEE — An employee in a position other than regular full -time or part-time who works less than forty (40) hours per week. • TEMPORARY POSITION — All positions that are not designated regular budgeted positions. • VACANCY — An existing or newly created position, which is not occupied. • WORKWEEK — The established forty (40) hour period of time that constitutes the workweek for Fair Labor Standards Act purposes. Non- 6 00344780 -I exempt employees are not eligible for overtime compensation until after completion of forty (40) hours in the workweek. 1 -5 HUMAN RESOURCES ADMINISTRATION The CRA Board A. Considers and adopts the Human Resources Policy & Procedure Manual. B. Approves recommended Classification and Pay Plan(s) as needed. C. Approves appointments and removals for positions that require employment contract. D. Authorizes all new CRA positions, assigns funding for pay ranges and authorizes recruitments. The CRA Executive Director A. Is responsible to the CRA Board for the administration of the Human Resources Policy and Procedure Manual. B. Recruits, appoints, promotes, transfers or removes, demotes, suspends, dismisses or disciplines all subordinate employees. C. Performs all duties and exercises all powers in personnel. D. Administers the recommended and approved pay plan. E. Administers an effective payroll system. F. Develops and implements effective training programs for employees. G. Recommends such policies or revisions in compliance with prevailing legislation. H. Administers the employee benefits programs. I. Administers an effective disciplinary program. J. Administers an effective performance appraisal program. Prepares and recommends to the CRA Board job descriptions, classification and pay plans and amendments or revisions. K; Encou[ggga e Io e s to promptly and honestly re ort any incidents or allegations of workplace risks or wrongdoing totheir supervisor or other a pp ropriate CRA personnel. 7 00344780.1 SECTION 02: RECRUITMENT, SELECTION L T The CRA Hiring and Termination Policies and Procedures Manual is incorporated herein (see i). 2 -1 EQUAL EMPLOYMENT OPPORTUNITY "EEO" STATEMENT: The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The rinciples and policies of egual employment opportunity apply to the selection and treatment of indetDendent contractors ternporarV Dersonnel or an other per sons doin business for or with the mployees who feel they have been discriminated against should contact the xecutiv irector the CRA designated human resources r pr sentative or a Board member. Any CRA ernrflovee who discriminates against another employee in violation of this policy is sub`ect to discipline up to and including termination. In accordance with Equal Employment Opportunity Commission (EEOQ r guI tiorti, the CRA asks that all employees voWntarily voluntarily self identif y race an thnicity to the ent necesa to ensure that the CRA is in full compliance w ith federal and state civil ri hts laws and regulations, an in turn pro the ri hts of all em to s from discrimination. If an em to d clines to self - identifv, emploment records or observer identification may be used. Purpose: The purpose of this Policy is to reaffirm the CRA's position regarding non- discrimination in all matters. Provisions: All recruitment activities, hiring, training, employment decisions, and personnel actions will be based on valid qualifications without regard to race, color, religion, sex, national origin, age, handicap, or marital status. S 00344180 -1 implementation of Poll c The staff of the CRA will be re o si le for the dissemination of t is eolic Directors, managers and supervisors are res onsi l for !Lnp Ie e ti ou employment practices within each department. The Executive Director or his/her designee is [p§ponsible for the C 's overall co npliance and shall maintain personnel records in accordance with regulato ry compliance. CRA practices identified r n includ A. The CRA will display os s regarding equal employment opportunity in areas highly visible toemployees. B. All gdygrtisingfor job applicants includes the st t n nt "An Equal Oppqdpp#yjMpLqyer - ! 1 4, -2 RECRUITMENT: The CRA Executive Director shall implement effective EEO hiring procedures. The CRA Board approved Classification and Pay Plan shall be utilized by the CRA Executive Director to start the recruitment and selection procedures. Job vacancies shall be posted in such a manner and in such publications and media to promote an adequate pool of applicants. All employment discussions are to be considered non - obligatory, exploratory, and tentative in nature and indicated as such to applicants. Only authorized offers of employment made to individuals are binding on the CRA. -3 EMPLOYMENT APPLICATIONS: Individuals desiring consideration for employment may submit a letter of interest, or a resume to the CRA Executive Director and/or the CRA staff Human Resources ( "HR ") Designee. All applicants submitting a resume or letter of interest and granted further consideration shall complete an application for employment prior to any job offer. Applications will only be accepted when a vacancy occurs. Applications will be retained in accordance with Public Records laws. Applications must be signed and certified by the applicant. Incomplete applications will not be accepted. When a vacancy occurs, previously submitted applications on file may be updated for consideration, in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. SELECTION 9 00344780 -1 Selection processes may consist of one or more of the following: A. Background investigations, including motor vehicle driving record and criminal history check and credit check. B. Reference checks. C. Performance examination. D. Review, evaluation and verification of education, training, and experience. E. Any other applicable criteria which will fairly assess the abilities of individuals to perform the duties required for the position. Applicants considered for employment may be subject to pre - employment controlled substances screening. Applicants testing positive for any of the specified drugs will not be eligible for employment. Such applicants may not be considered for employment for a period of two (2) years following a positive drug test. 2-5 TYPE OF EMPLOYEES: CRA employees are divided into two groups, contract and non- contract. Contract employees are individuals hired by a direct employment contract for a specified duration of time that may or may not be budgeted by the CRA Board. Noncontract employees fill regular budgeted positions as authorized by the CRA Board and are not otherwise designated as contract employees. Unless otherwise provided by contract, employment wit the CRA is "at-will" a d a be terminated by eitheL_party for any reason or no reason. Successful completion of a pro a iona perio d does not conclude or alter the "at-will" r I tionship. -6 DISQUALIFIED PERSONS: The CRA will consider Florida Statue 112.3135 in an effort to prevent hiring practices which result in conflicts of interest. 2-7 INTERVIEWING Upon receipt of resumes and/or applications, the HR Designee will review and rank them in order of most qualified to least qualified and present the list to CRA Executive Director for review. At the direction of the CRA Executive Director, references will be called and background checks performed for the top candidate(s). Upon review of the reference notes by the CRA Executive Director, the HR Designee will then set up candidate interviews with the CRA Executive Director and /or HR Designee and other appropriate CRA staff. 10 00344780 -t Interviews requested by the CRA for Contract Position(s) with the CRA which require the interviewee to travel more than 100 miles, but are less than 300 will be reimbursed by the CRA for mileage at the applicable annual rate as designated by the Internal Revenue Service, and Per Diem expenses at the current rate designated for CRA employees. Interviews requested by the CRA for Contract Position(s) with the CRA, which require the interviewee to travel of more than 300 miles will be reimbursed by the CRA at reasonable and customary rates for airline fares, hotel expenses, Per Diem expenses (at the current rate designated for CRA employees), and rental car expense (from airport to the CRA interview location and back to the airport). 2-8 RECOMMENDATION FOREMPLOYMENT: Once the interview process has revealed a suitable applicant and the reference checks have been completed and screening steps appear satisfactory, the CRA Executive Director is authorized to then hire that applicant for employment. The employment offer is to be made in writing and mailed or electronically submitted to the applicant. The offer can also be made verbally from the CRA Executive Director or HR Designee, but must be confirmed in writing to the applicant. 2 -9 EMPLOYMENT ACCEPTANCE: Upon receiving an offer for employment, the applicant must make employment acceptance within three (3) working days of the employment offer, unless otherwise extended by the CRA Executive Director (maximum of 5 working days). If employment acceptance is declined, the CRA Executive Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment process. After starting employment, all new CRA employees must provide proof of work eligibility and verification of identity to the CRA, in accordance with prevailing laws. Employees are responsible for reading, understanding, and abiding by all CRA policies and procedures, as amended from time to time. -10 DISQUALIFICATION FOR PLOY ENT: The CRA may reject an applicant who does not possess the minimum qualifications required for the position. Failure to meet the physical requirements necessary to perform the essential functions for a particular job as determined by the CRA will also result in disqualification, if a reasonable 11 00344780 -] accommodation for an otherwise qualified individual with a disability cannot be reached, or would create an undue hardship. Fraudulent conduct, false statements, or omissions by an applicant or by others on behalf of the applicant with the applicant's knowledge, in any application or examination, may be cause for the disqualification of such applicant, or termination from the CRA employment. SECTION 03: EMPLOYMENT PROVISIONS -1 PROBATIONARY PERIOD: All CRA new hires shall be in a probationary status for a period of ninety (90) calendar days, unless extended by the CRA Executive Director. At the discretion of the CRA Executive Director, probationary statuses may be extended up to six (6) months upon written notification to the employee. This trial working period shall be utilized to observe an employee's performance. All promotion or demotion appointments effected within the initial probationary period shall cause the employee to begin serving a new ninety (90) day initial probationary period. All promotional appointments occurring after the ninety (90) day initial probationary period has occurred shall be deemed as position probationary periods; employees not successfully completing this position probationary period shall be returned to their previous classification status without appeal benefits. If either initial or position probationary periods are extended, no wage or salary increases shall be affected during the extension periods. Awards granted after the extensions shall not be retroactive. A probationary employee who has not successfully passed the established initial probationary period in any classification may be terminated without notice or without cause by the CRA Executive Director. The completion of r do a pgdod des not guarantee continued m loy e t, nor does it alter in any the at -will status of the employment relationship. 3-2 TERMINATIONS: Termination of employment can be made at any time, with or without cause, and shall be made in writing and need not reflect performance- related reasons. If an employee's employment is terminated, the employee shall be entitled to reimbursement for as -yet non- reimbursed expenses; accrued and unused vacation, sick and comp time; and ninety (90) days of severance pay. Medical, dental, vision and life /disability benefits will be paid by the CRA through the last day of the month following the completion of the ninety (90) day severance period. 12 00344780 -t -3 PERFORMANCE EVALUATIONS: A. General Provisions The employee's performance evaluation is designed to examine, review and document work performance. The ratings shall be set forth on the applicable performance evaluation form. Each employee shall be given a copy of the evaluation form, shall have the opportunity to discuss it with the employee's supervisor, and comment on the evaluation in writing. Employees may appeal their evaluation to the CRA Executive Director within five (5) working days of receiving their performance evaluation. Such appeals must state the reason for the appeal, the facts supporting the employee's case, and any other pertinent information relevant to the matters at hand. The CRA Executive Director shall schedule an appeals meeting within fifteen (15) working days of receipt of the appeal, preside over the appeals meeting, and render a decision on the matter within fifteen (15) working days of the appeals meeting. All decisions of the CRA Executive Director are final. B. Frequency of Performance Evaluations Performance evaluations are completed annually with the first coinciding with the successful passing of the initial probationary period and/or position probationary period, and annually thereafter coinciding with CRA's fiscal year, i.e. by September 30th. Special evaluations may be conducted at any time with the approval of the CRA Executive Director. C. Performance Evaluation Rating Procedure The direct supervisor of the employee shall be responsible for obtaining the appropriate evaluation form and completing the evaluation. An employee must sign and date the completed evaluation form indicating that he /she has discussed and received a copy. The signature does not mean he /she agrees with the evaluation. If the employee refuses to sign the form, it should be so indicated by the CRA Executive Director or direct supervisor in the space provided for the employee's signature. 3-4 HARASSMENT AND SEXUAL HARASSMENT 13 00344780 -1 The CRA is committed to a professional work environment in which all individuals are treated with respect and dignity and is free of unlawful harassment and discrimination. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices including sexual and other forms of harassment. Prohibited are offensive behaviors based on race, religion, age disability, sex, sexual orientation, national origin, and other protected class status. A. Scope This policy applies to all applicants, staff members, vendors, consultants, and guests. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. B. Definition Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. C. Behaviors Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances these behaviors may include, but are not limited to: unwanted sexual advances; subtle or overt pressure for sexual favors sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature. D. Reporting an Incident of Harassment a x A , c to Wdyis the J::iaFa se t TTGM a vow ®s 16 � cffans ( � r r�4'swA ear �atss o oar egaarxd as rso- +II v, w� e§aS�aa�a-0 ®n ee J�re�effi ww F w � r< R eF'sk i t4 06344780 -I Whether th are the victirn, a w itness or som eone who receives information regarding harassment ® it is the duty of all empl oyees to report harassment to their direct supervisor. Employees should also direct any questions concerning the C 's harassment policy to their direct s If the Direct superv is involved in the complaint or r-port , or if the employe feels uncomf orta b le communicating their report or question to a direct su rvisor, re ports or q uestions should be immediately directed to th _ E xecutive it ctor, th 's Human Resources d or members of th oard. the r f 4 & nee caahether #hey Ear yic car ®�a�cr rvr c�Ars�araverr Y A�'� r 5' As - TiYP '+� 1 g dBYi � CCL'Y"0 G9Y`6C . Administrative Investigation Reported allegations of harassment will be investigated promptly. A written statement will be requested of the complainant. The investigation will be handled with sensitivity and confidentiality to the extent allowed by law and to the extent practical and appropriate under the circumstances. An employee found to have provided false or misleading information, or who does not fully cooperate with an investigation may be subject to disciplinary action. The CRA will provide an administrative response that will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved the harassment. The CRA will make every ffo rt to ensure that individuals n in a harassment complaint or closely associated with ploy s involved in the co I i t will not conduct the investigation. If necessary for co_ _ltio of a it investigation, t e CRA m ay, at its discretion, engage age a neutral third pqfty to conduct investigations of harassment complaints. F. R etaliation Retaliation against an individual for reporting alleged harassment or assisting in providing information relevant to a claim of sexual harassment is a serious violation and will be treated with the same strict discipline, as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated. Training shall be conducted on a periodic basis to raise awareness of harassment issues and remedies of same. G. Disciplina!y Action 15 00344760 -1 Violations of this policy may result in disciplinary action as follows: 1. Findings of false or malicious statements intended to harm another individual shall result in immediate disciplinary action. 2. Failure to act upon gaining knowledge of violations of this policy may result in disciplinary action. 3. Failure to truthfully cooperate with an investigation of this nature may result in disciplinary action. H. "Unintentional" harassment This :2)golicy is not intended to interfere with or discog[gqt friendship or social discourse arnonq employees. However employees ust be sensitive to co rnents, acts or conduct that would likely be considered offensive oh rs. Even conduct that is not intended to constitute "harass ent'" ay violate the terms of this olio° . If an employee expresses co cerns that the behavior of another employee m a have viol ted this oolic ,all Io ees should respect those concerns. -5 WORKPLACE VIOLENCE POLICY The CRA provides a safe workplace for all employees and is committed to preventing workplace violence. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this workplace violence policy. Based on its commitment to preventing workplace violence, the CRA has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur and all provisions of this workplace violence policy. A. Sco e All full -time and part-time, active employees are covered under this policy. B. Prohibited Conduct and Behavior We do not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors, while not inclusive are prohibited: Causing physical injury to another person; lb 00344760.1 Making threatening remarks; Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; • Intentionally damaging employer property or property of another employee; �usin ess; Possession of a weapon while on CRA property or while on CRA L Committing acts motivated by, or related to, sexual harassment or mestic violence. C. Reporting of Incidents All threats or actual violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or member of management. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance, do not try to intercede or see what is happening There are often warning signs of violence in the wor Please review the following list of warning sic s, keeDino in mind that demonstration b an individual of one or more of the actions below does not necessarily in icate violence. • Increase in se of lcohol or an use of drugs. • History of violent or aggressive behavior. • Displays of a loss of control, (e. q . ® freguent oss of temper for un sub stantia ted reasons or over minor issuesl. • Makinq any threats (serious, iolk veiled). • I t ida of ers by a y means. • x ressi g a strong desire fora personal or romantic relationsh with a co- worker who does not reciprocate. • Expressing a consistent n strong feeling of "d isr s cte ". Har bori resentment for criticism. • Expressing desperation frustration or depLqssion over recent pro pg so al or financial • Fascination with other recent inc of violence d approval of the use of violence. • is egar for aerso al safety. 17 00344780 -I Demonstratinct a lack of conscience by crueltv towards others or animals. Vandalism. F ailure to acknowledg the rights or feelings of others. aving been bullied or a victim of violence blothers. Any potentially dangerous situations must also be reported immediately to a supervisor or the HR designee. Reports can be made anonymously and all reported incidents will be investigated. When reporting a threat of violence or violent act, the employee should be as specific and detailed as possible. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need -to -know basis. All parties involved in a situation will be counseled and the results of investigations will be discussed with them. The CRA will actively intervene at any indication of a possibly hostile or violent situation. Any ploy o obtains a restraining order a ainst any Person must immediateV notify their dir ct su isor. The CRA is co mitt d to providig a safe workplace for all eMployees and can onN do so if it receives information concerninq individuals who are reguired to maintain a distance from property and/or employees. D. Procedures All employees should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited on the work premises of the CRA without proper authorization. Violence or the threat of violence that intimidates, or coerces an employee or a member of the public will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's sex, race, age, or any characteristic protected by federal, state or local law. you itn ss a viola t sit ation o r a into i a the t nirig or violent person o not place yourself in a gar or to V tercel . Tf°i fo lowi g ctioris have proven to beeffective: Remain ca Keep a distance of at least 6 feet if ossibl . D o not touch the threaten or violent individual. M aintain eye contact without "staring them down" ctivelv listen a d s and to divi ual. 18 00344780 -1 If a supervisor or other appropriate authority can be saf I notified of the situation without endangering othersdo so. E. Investigation The CRA will promptly and thoroughly investigate all reports of threats or actual violence as well as suspicious individuals or activities. The identity of the CRA individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, the CRA will suspend employees, either with or without pay depending on the investigation and circumstances. F. Disciplinary Action Anyone who it is determined to be responsible for threats or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. The CRA encourages employees to bring disputes or differences with other employees or others to the attention of their supervisors or the HR designee before the situation escalates. The CRA is committed to assist in the resolution of disputes. 3-6 FORMAL GRIEVANCES: It is the policy of the CRA to anticipate and avoid occurrences of formal grievances and to deal promptly with formal grievances that may arise. Emp lo y e e s who believe they have suffered wrongdoing by another em to ee or su should not confront a individual by whom they ell v th y ave been wronged. Any grievan against another employee or s isor must be submi in ritin rs a t to thi s olic . All formal grievances must be in writing and must include the nature of the grievance and all the facts supporting the grievance. This written document must be submitted to the MR loy e's iec sups isor, unless th s isor is e party named in t_ e grievance or closer associated with t o a y named in the i vac If the employee is not comfortable r o i to su ervisor t gloves rnav file a orieva ce with an HR dgaLqnee The primary purpose of this grievance procedure is to determine what is right, not who is right. Free discussion between employees and the HR Designee will lead to better understanding of practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings prior to the filing of written formal grievances. The CRA Executive Director shall establish rules for the processing of formal grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a formal grievance. Formal 19 00344780 -1 grievances are to be initiated by employee within ten (10) working days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. Decisions by the HR Designee can be appealed to the CRA Executive Director. In the event the grievance involves the CRA Executive Director, the employee can request the decision be appealed to the CRA Board Designee. The decision of the CRA Executive Director or CRA Board Designee regarding the disposition of the grievance is binding and not subject to further review or consideration. -7 PERSONNEL ACTIONS: A. Promotion Upon promotion, an employee shall receive an increase to the minimum pay rate of the new position, or up to 10 %, whichever is higher. In no case shall the new salary exceed the maximum pay established for the position. Promoted employees shall serve a ninety (90) day position probationary period and may be demoted without notice and without cause during the position probationary period. B. Demotion Upon demotion, an employee shall receive a decrease in pay of a minimum of 5 %, or up to 10% if previously promoted to the higher level classification and awarded that amount for the promotion action, or greater if a higher amount of decrease is necessary in order not to exceed the maximum rate of pay for the lower level position. In no case shall the new lower pay rate exceed the maximum of the pay range established for the lower level position. There may be circumstances which result in demotion that are not due to the employee's job performance, conduct, and/or disciplinary actions. These include, but are not limited to, organization restructuring and decrease in operating revenues. Such demotion shall not be punitive and pay adjustments will be determined by the CRA Executive Director. The Executive Director may choose to make the employee's pay at the lower level position no greater than the maximum established for the position; however, the Executive Director may also set the pay level to exceed the maximum for the position in special circumstances. C. Demotion Approvals and Appeal All demotions and resulting adjustments in an employee's pay rate shall receive the prior review and approval of the CRA Executive Director. Demoted 20 00344780 -] employees not serving within an established probationary period may appeal the demotion action in writing within two (2) working days of written notification of the demotion. The CRA Executive Director shall schedule an appeals meeting within ten working (10) working days of receipt of the employee appeal. The written appeal must state the reason for the appeal and all facts supporting the appeal. The CRA Executive Director shall preside over the appeals meeting and render a decision within twenty (20) working days of the appeals meeting. The demotion action shall be effective regardless of any appeal request. The demotion may then be overturned by the CRA Executive Director when a decision has been made. The decision of the CRA Executive Director is binding and not subject to further review or consideration. 3.8 CODE OF CONDUCT & DISCIPLINARY PROVISIONS: A. Purpose The CRA anticipates that its employees will conduct themselves appropriately, both on and off the job. As a service entity, we must treat our customers in a courteous and respectful manner at all times and our conduct must be consistent with the CRA's goals and objectives. We recognize, however, that there will be instances when employees may act in a manner that is not consistent with the CRA's goals and objectives and the CRA Board's expectations. To address these situations, a disciplinary process has been developed to enable the CRA Executive Director to resolve issues related to unacceptable performance and misconduct. The CRA's goals in establishing such a process are both to ensure that employees understand the potential consequences of inappropriate behavior and to assist them in recognizing the severity of such consequences, with the hope that disciplinary sanctions, if required, will encourage the individual to personally resolve whatever concerns exist with respect to either inadequate performance or personal misconduct. II employees of the CRA have a duty to promptly reDort actual or suspected occurrences of illegal or unethical behavior or workplace wrongdoin, b of er aloyees or _ue isos; a d mav do so without far of retaliation or retribution. The CRA prohibits retaliation against any ernplovee because of the emp lovee's ood faith reporting of such activities. Any CRA employee regardless of title or position, who engages in such rohibited retaliation is subject to disciplinary action, including termination. B. Provisions 1. Conduct unbecoming of a CRA employee is defined as employee behavior or actions, on the part of the employee, which hinders or 21 00344780 -1 jeopardizes the successful operation of the CRA, undermines teamwork and cooperation among CRA employees, or undermines the public confidence in the CRA or its employees. 2. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline. Management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 3. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 4. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 5. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 6. The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case -by -case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. 7. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to CRA Executive Director shall serve as grounds for disciplinary action. 8. After a period of one year for a Verbal Warning, two years for a Written Reprimand, and five years for a Suspension, discipline will not be considered for purposes of future disciplinary actions or promotions. However, these items will remain in the employee's personnel file. Verbal warnings or verbal reprimands are not considered as disciplinary action. C. Examples of Misconduct 22 00344780 -I The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case -by- case basis. The following are examples of violations which shall result in disciplinary action: 1. Conduct unbecoming of a CRA employee, as specified in the Definitions section. 2. Abuse of CRA policies including, but not limited to: • abuse of sick leave privileges, sick leave policy or excessive absenteeism • job abandonment defined as two or more work days without reporting to work and without notification of the employee's supervisor • failure to notify CRA of current address and telephone number within ten (10) calendar days of change • failure to report any outside employment • possession of a firearm or concealed weapon on CRA property or while performing official CRA duties • suspension or revocation of any required job - related licenses or certifications • use of abusive language to or about an employee, co- worker, supervisor, or the public • insubordination, meaning the failure to recognize or accept the authority of a supervisor • threatening, either verbally or physically, a co- worker or supervisor. 3. Abuse of departmental procedures and work rules including, but not limited to: • failure to provide name and official title to any person requesting same when performing work related duties • habitual extension of lunch periods or break period • habitually late for work without valid reason • smoking in prohibited areas • unauthorized solicitation, posting of material, or non - productive behavior • disrupting or hindering departmental operations • outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job • unauthorized personal use of CRA equipment or funds 23 00344760 -1 • improper use of CRA time for conducting personal or private business • other department rules as communicated by the CRA Executive Director or supervisor. 4. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and /or taking disciplinary actions when necessary. 5. Violation or disregard of CRA's Safety Policy and Procedures including: • unauthorized use or unsafe operation of CRA property, equipment or vehicles. • failure to report an on-the-job injury or accident within 24 hours to immediate supervisor supervisor's failure to report an employee's on the job injury to the CRA Executive Director within 24 hours and/or completion of necessary documentation. 6. Illegal, unethical or improper acts including. • theft or removal of CRA property without proper authorization • falsifying employment application or concealing information during pre - employment screening or processing • soliciting or accepting an unauthorized fee or gift • giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations • possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test • possession or use of alcohol while on duty; or reporting to work under the influence of alcohol • refusal to participate, if offered, in a drug /alcohol rehabilitation program, and to sign and abide by a return to work agreement when the CRA receives positive confirmed results on any CRA ordered drug test such as workers' compensation, accident or reasonable suspicion drug or alcohol testing refusal to submit to a CRA sponsored drug or alcohol testing such as workers' compensation, reasonable suspicion, follow up, or applicant processes • violating the CRA's Sexual Harassment policy through interaction with another employee or a member of the public. D. Procedure 24 00344780 -1 When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Job abandonment is cause for immediate dismissal with approval of the CRA Executive Director. Documentation of the disciplinary investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The CRA Executive Director will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. 1. Administrative Review: Investigations of non - criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee. These investigations shall be conducted by the CRA Executive Director or designee, who shall obtain all sufficient information, including documentation and /or sworn statements, in order to determine the necessity or level of disciplinary action. The CRA Executive Director assumes responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. . Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the CRA. These investigations shall be conducted by the local Police Department, in collaboration with the CRA Executive Director. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted. The immediate supervisor, with the approval of the GRA Executive Director, may initiate a three (3) working day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident of misconduct in the absence of the employee. Suspensions with pay of more than three (3) working days require the approval of the CRA Executive Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the CRA Executive Director of the choice for suspension so that the suspension may be issued and the matter may be immediately investigated. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. 25 00344780 -1 E. Types of Action 1. Counseling Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in further discipline up to and including termination. A Disciplinary Action Form should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he /she has read and discussed the contents with the supervisor. The Disciplinary Action Form shall be forwarded to The CRA Executive Director for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments on a separate sheet for inclusion in the record. 2. Written Reprimand Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand may include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the CRA Executive Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments on a separate sheet for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow -up discussion at the end of the designated time period should be conducted. This follow - up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. 26 00344780 -1 3. Suspension Consists of an employee being prohibited from returning to work until the specified period of suspension has passed. If the suspension is greater than one (1) working day, it shall be issued on a consecutive working day basis. Unless provided for otherwise in this policy or disallowed by the Fair Labor Standards Act, all suspensions shall be without pay. Suspensions shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of previous discipline support a suspension for a specified period of time. Employees shall be suspended pending the outcome of a recommendation to terminate and shall remain under suspension until the CRA Executive Director has made a final determination in a pre- termination hearing, if elected by the employee. With the written authorization of the CRA Executive Director, immediate supervisors have the authority to issue a suspension for three (3) working days or less. Suspensions beyond three (3) working days require prior authorization by the CRA Executive Director. Suspensions due to a recommendation to terminate only require the CRA Executive Director's approval. Employees being suspended shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. It shall be the employee's responsibility to pay for insurance benefits and/or any other payments previously paid through payroll deductions during any suspensions without pay in order to maintain such benefits during these periods. Lapses in payments may result in forfeiture of such benefits. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director or designee for inclusion in the employee's records, with a copy provided to the employee. 27 00344780 -] 4. Demotion In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in annual salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, during position probation an employee shall be subject to demotion without the CRA being required to state a reason. The employee shall have access to the appeal process. A demotion will involve a decrease in salary of not less than 5 %, commensurate with the decrease in responsibilities. Immediate supervisors should discuss the potential demotion of an employee with the CRA Executive Director prior to a written recommendation for demotion. The supervisor shall then submit the written recommendation to the CRA Executive Director. Demotions require authorization from the CRA Executive Director prior to being effected. Written notification of demotions shall be provided to the employee by the CRA Executive Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file by the CRA Executive Director. Employees may submit comments on a separate sheet for inclusion in their personnel file. Employees may voluntarily request a demotion to a lower level classification. Such demotion shall not be punitive. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director for inclusion in the employee's records. 5. Dismissal Dismissal is a result of an employee's involuntary termination which severs the employment relationship. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with the CRA Executive Director. 28 00344780 -1 Dismissals of regular employees shall be effected only with the authorization of the CRA Executive Director. A written notice of the recommendation to terminate shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The .ea,a ., e®®. ®t,*s.e -04 qe4eGGffwPeRded-te-FFR#kqfiGP, r°sraa ®a^vt }.i ®s°a 'raa° s ®.{� ®�4a ,�_y ®i��m^ � li�s1 a �rge° ®7•- s$irv� ia°I rntt ,_ ewtea m°§a'i em The recommendation to terminate and the CRA Executive Director's notification letter shall be placed in the employee's personnel file. Initial probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause and it shall be effective after authorization by the CRA Executive Director. At the time of dismissal, employees are required to surrender to their supervisor or designee all CRA property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final wages. 6. Inefficiency, Incompetence or Job Abandonment The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. Employees who receive an overall "Below Expectations" evaluation shall be given a follow -up evaluation within sixty (60) calendar days of the initial "Below Expectations" evaluation. More than one overall rating of "Below Expectations" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Expectations ", SECT ION CLASSI I 29 00344780 -1 -1 CLASSIFICATION PROVISIONS: Purpose of the Classification Plan - The classification plan provides for a systematic arrangement of positions. The plan groups related positions into classifications with a similar range of duties, level of responsibility, and nature of work performed. 4-2 PAY PROVISIONS: Purpose of the Pay Plan - The pay plan shall provide the basis of compensation for all employees and shall be administered and recommended for revision as appropriate by the CRA Executive Director. The Pay Plan shall include: A. Schedules of pay rates for each title in the classification plan consisting of the minimum and the maximum hourly rate, and/or annual salary. B. Identification of non - exempt and exempt classifications. -3 HOURS OF WORK / OVERTIME / COMPENSATORY TI A. Hours of Work Hours of work will be determined by the CRA Executive Director and shall be uniform for all employees and be determined in accordance with the needs of the services and operational needs of the CRA. Situations may arise that may require employees to work additional hours without notice. All employees are required to work additional hours when notified by the CRA Executive Director of the need to work. B. Overtime Overtime hours are hours actually worked by non - exempt employees in excess of a forty (40) hours per work week and must be authorized in advance by the CRA Executive Director before such overtime is permitted. Provisions of the FLSA shall be applied for non - exempt employees for overtime purposes. Hours that shall count towards overtime calculations only include those hours "actually" worked. Annual leave, sick leave, holiday pay, suspensions with pay, workers compensation leave, family medical leave, funeral leave, jury duty, annual military leave and other absences from work while in active pay status will not be counted as time actually worked for purposes of determining whether overtime has been worked in excess of forty (40) hours per week. C. Compensatory Time as Payment for Overtime Hours Worked 30 00344780 -1 Compensatory time in lieu of overtime payment for non - exempt employees can be awarded and earned at 1.5 hours for every hour of overtime worked above 40 hours in lieu of cash compensation in accordance with FLSA. Cash payments for overtime compensation may be authorized at the discretion of the CRA Executive Director. When exempt employees are required to work weekends for any reason other than those stated above, they shall receive compensatory time in lieu of overtime at 1.5 hours for every hour of overtime worked above 40 hours in lieu of cash compensation. Accruals of compensatory time for exempt and non- exempt employees may be accrued up to 240 hours and may be used by the employee provided reasonable notice has been given to the CRA. Accruals in excess of 240 hours will be forfeit. Upon separation the CRA will pay out the accrued compensatory time up to a maximum of 240 hours. Cash payments for overtime compensation may be authorized at anytime at the discretion of the CRA Executive Director- SECTION 05: EMPLOYMENT CONDITIONS -1 OUTSIDE EMPLOYMENT: Employees may engage in outside employment during off -duty hours when such employment does not in any way interfere or create a potential conflict of interest with their CRA employment. An employee, who wishes to engage in any outside employment including self - employment, shall provide information concerning the proposed employment to the CRA Executive Director for approval prior to engaging in outside employment. 5 -2 CRA EQUIPMENT: The personal use of any CRA equipment, such as computers, tape recorders, cameras, tools, vehicles, etc., shall be prohibited unless otherwise approved in advance by the CRA Executive Director. In addition, employees are not to use any CRA e-mail addresses for receipt of personal mail. 5-3 ADDRESS AND TELEPHONE NUMBERS: Employees are required to report any change in address or telephone number to the CRA Executive Director and HR Designee within ten (10) working days of the change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current 31 00344760 -1 basis the name, address and telephone number of the person(s) to contact in case of emergency. 5-4 POLITICAL ACTIVITY: No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off -duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. 5-5 RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the CRA. Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice will receive their accumulated sick, vacation and compensatory time to date subject to the maximum accumulation times defined in this policy and reimbursement for as yet non - reimbursed expenses. Medical, dental, vision, and life /disability benefits will continue to be paid for in full by the CRA through the last day of the month following ninety (90) days after the effective date of resignation. Employees who fail to report to work or fail to call in absent to their supervisor for three (3) consecutive working days shall be deemed as having voluntarily resigned from employment. A letter of termination shall be mailed within two (2) 32 00344780 -] working days to the last known address of the employee, accepting their voluntary resignation. 5-6 DRUG FREE WORKPLACE: Gengmt $ #rs saf ea ® rrl $4�m L+Lra 9$Fa ti era o� I rr -. rte. ° P a—s afe roi - e $ anrr Fk %W $at r°R rte$ adwa ® w � a area #. $4 8"" Far. $�FaIFo�sri a r® are Lrrelaxtta� reraae6°eiFeo$ ®� n $Fay ® ®� s^aa- P c^xlraeea�� " �f�n$ar ar�ralraxa��e� x e°a� s�vm°a s Fe eAy1 . e a fires ®ealwa rs� s��� vafiety r rrktilam, areo+6a rdena+lirt ire T tAPg90" . G eneral etat re t of Poligy on Empl oyee Drug Use It is the intent of the to p a Drug-Free Wor place. as rovi ed in Section 440.101, Florida Statut s9 i i order that employees be afforded the opportun y to maximize their I v s o p rod ucvity, enhan their co eti five positions in the arketolace, and reach the desired levels of success without ex erien th costs® delays, and associated with work-related accidents resulting from ruck abuse" It is further the intent of the CRA that ruc� abuse be discouraged and t empl gees who choose to engage in r_ 0- us face the risk of uner ploy e t and the forfeiture of workers' com benefits. In the case of abuse of illegal drugs or alcohol, the CRA m ay use constructive lary m easures to motivate the n o ee to seek assista To the extent that thev are available, normal benefits, such as sick leave and the group medical 10- may _ id in the rehabilitation precess. erviso : personnel are responsible or assisting empl dia s d i th a substance a use o blem i n ul y understanding the health benefits p A n eMpl c►y e "s Darfigtgjp i ny r)roQram and the results obtained are kept in confidence. This information is not su tot the "Government in the Sunshine Law." The CRA is a rtici ti g employer in a cave Assistance Pro ars it Counseling Services Associates (85§1272-888 t rou. hic the n all o its empl oyees may benefit. e CRA has available to all Its employees a booklet explaining not only the sub stance abuse progra other problems for w h ich counseling serv a available, such as interpersonal rel tionghi s with othe e love se mental disorders, financial difficulties Dblerns with childre or spous The ill hold in strict confidence any e loyee ®s . oarticinnfinn in t is p pogra . 33 00344780-1 It is the intent of the CRA to comply with the Eqq2!Le=ts of section 440.102 , F lorida Statutes and Chapter 38F-9, Florida Administrative Code. In the event of a conflict between those r guir ns and this policy, the standards set forth in section 440.102 and Chapter 38F-9, as amende from time to ti e, shall prevail, No employee shall be terminated, discipline or discri inaed against solely upon the e p o ee's volun aril spa treatment, while under the employ of the for drug-related problems if the emplo has not previously tested ositi e for drug use, entered an @Mployee assistance program for dru_ -related problem or entered a drug rehabilitation program. The CRA will not condone the following behavior bye ploy es: Use of illicit drugs. Abuse of le al ,prescription or over- the - counter) drugs or alcohol. Sale, purchased transfer, use or possession of illegal drugs or prescription drugs obtained illegally. All Supervisors are responsible for ensuring a safe orkin environment within their departments and are, therefore, responsible for reporting all incidents of possession, sale, distribution, or use of illegal substances totheir immediate su erior Employees oun in ossession of an illegal substance on CRA prop le on CRA business will be terminated, Notice of Testing One time only, prior to Drug testing, the CRA shall give all employees and `o applicants foremployment a wri en policy statement which contains- 1 . A general statement of the "s policy on employee drug use which mus t id ntiy: a. The types of drug testing an employee or job applicant may be required to submit to including reasons le- suspicion drug testing or drug testing conducted on any other basis. b. The actions the ay take against an employee or lob applicant on the basis of a positive confirmed drug test result. . A statement ayising the employee or job applicant oft the existence of section 40.12 lorida Statutes. 3. A general statement concerning confidentiality. 34 00344780.1 Procedures for employees and job applicants to copfidentially re port to q medical review officer th use of prescription or nonr scrition medications to a medical review officer bath before and after being tested. o A list o f the most common medications, by brand name or common name, as applicable, as well as b chem ical name, is may alter or affect a dru test. - 6. The conseru nces of refusing to submit to a OLU _ q test, re ling of names, addresses, n telpph ne numbers of employee assistance pro and local drug rehabilitatiog statement that an emp loyee or job app licant who receives a positive confirmed test result ma contest or explain the result to medical review officer within 5 working days after receivin ri e rr notification of the test result; that if n employee's or job applicant' s explanation or challenge is unsatisfactory to the medical review officer,the medical review icer shall re port a positive test result back to the ; and that a person_May contest the drug ' test result p ursuant to law or to rul s adopted by the c nc for Health Care Administration. 9. A stateme informing the emplo,vee or job applicant f his or her responsibility o notify the la orator of are inistrativ or civil actio brought pursuant to this section. list of all drugs for which th emplover will test described by rand name or common na e® applicable, ell b chemical na e. 11. A statemen regarding any app licable collective bargaining agreement or contact and the right to appeal to the Public Employees lations Commission missio or applicable cou rt. . 12. A state not iob ap lica ofi t eir right o consult with a medical review officer for technical information regarding proscription or nonp rescription med ication. Dr stingy The CRA will cond the following typ s of dr tests. Test i vii I con ucte b y [ sting rovi ] located at [location]. The_phone number is f L Em ployees refusin, to sub it to urin alysis or blood testing ill be considered in violation o CRA plicy and will be subject to _pg�rsonnel action up to and includi _ termination. All specimen collection and testing for drugs under this section shall be_pgrf in a ccordance with the rocedure set forth in section 11 .C1 Florida Statutes. 35 00344780 -1 1 Job applicant testing. The reguires job applicants to submit to drug test and ma_y_use a refusal t u mit to a drug test or a positive confirmed drug test as a basis for refgainq to hire b 2. iant. Reasonable-suspicion testing. Th reggjr an _ employee to submit to r sons I -sup i ip drugt .tin when there is li that an tly i uin_ r has used drug, in violation of t he ' policy drawn from ifi objective nd articulable facts and reasonable inferences drawn from those facts in light of experience. Among rather things, such facts and inferences Mqy be based_upory a, Obsgngble__Lhenomena while - at ork, such as direct observation of drug u r taf the h i al tra [fir _ manifestations of being under the influence f a drug. b. Abnormal conduct or erratic behavior whit at work or significant deterioration in work performance. report of drug u, provided by a reliable and credible or. d. Evidence that an individual has tampered with a drug test durincy LlqyM with the CRA. . Information that an emplo e has caused, contributed to_, or been involved in an accident while at work. If an injured employee refuses to submit to a test for drugs or alcohol the employee may forfeit eligibility for medical and indemnit s benefits under Chapter lori da Statutes Workers' Compensation Law. f. Evidence that an employee has uqgd a _possessed, sold, solicited, or transferred drugs while working or w He on the CRA's premises r it gratin the ' vehicle _ ahi 9 r ui ant. T. If dru t tin i ran u t ba d can r a nabl i i n, t C: hall Promptiv detail, in writing, the circumstances which formed the basis of the determination that reasonable su i ion existed to arrant the t o o . this documentation shall be gi v n to the employee u ran r guest and the original documentation shall be t confidential by the and shall be retained by the for at least 36 00344780 -1 3. _ Routine fitness-for-duty testip An employee re aired to pub it tg dru t t art of routine) schedul employee fitness-for-dUty medical examination if uch examination iL_ part of a n tblih d po!io o f ale routin I for II members of n Io ent classification or croup. 4. II . If the employee in the course of employment enters an employee assistance progra for drug- related druQ rehabilitation pmram the CRA will re uire the to to pub it tc� dru test s a follow-up to such ro ra unle the to a�olunt rii entered the ro ra In those cases, Th CRA has the option to not re Faire follow -up testing. If follow-up t §sting i t � i u t be ducted at least once a year for a 2 after completion of the proaram. Advance notice of a follo -up testing date must not be given to the employee to be tested. T he CRA mav test an employee or job licant for a s of t- sensitive position for a ny drug._"Druq" means alcohol, including_L distilled spirit, ine, alt e rage, or an intoxicating licor: an amphetamine; a canna inoid: cocainea p e c Midi e ... l: a hallucino en° ethagualone: an opiate; a barbiturate; a benzodig4qpjqqL the do narcotic a designer drug: or m of any of the substances listed in this eara raph. The CRA m test an individual for any or all of such rugs B efore and/or after te emp or applicants should pro to the testing organization information on medication being taken. his information _ is confiden and the testing laboratory will take this information into consideration. Please be advised that r cd ion p 'n killers, diet pEq LcLi2tions, tranquilizers, a couch medicines contain drugs for which tests are run. The testing laboratory can rovi e technical information on vescr iption and non-p r es cription drugs as they affect the tests. l e following is an non-inclusive list of s ome of the over coun ter d recri do rya could alt r or ect the outcome of dru test: 1. _ Alcohol - AILRgmid medications containing ethyl alcohol Lethanoll P lease read the label for alcohol content. As on exa I Wicks _y it is 25% (50 proofs ethyl alcohol, Comtrex is 20% ( 0 proof Contact Severe Cold Formula ig t Strength is 2510 X50 proof), and Usterine is 26.9% proofl. 2. Am - Obefrol, Biphetamine, Desoxyn, Dexe irex. 37 00344760 -1 . nobioid { rii� - � ror7irtol }. 4. Cocaine - Cocaine C o ie l olu ion (Roxappe }. . mgl�trot le I ore on do . 6. Methaqualone - not legal b re eri io� 7. i to - Pareg Pa repectolin, onn el PQ Morphine, Tylenol w ith o ei g iris it � s with Codeing, irin with Codeine Robitussin AC Guiatuss AC, Novahistine o ohi tie E xpectorant, D ilaudid ( dro orphorre ), M -S Confin d Ro or him ulte eroot7 Vi eoirt etc, 8. Barbiturates - Phenobarbital, Tuinal la Nembutal, Seconal a Lotusate, Corirr In F igricet, Es gic, Butisol, b r l ut b r it l utitla Phrenflin, Triad, etc, 9. n odi epi e n etivan, Azene jqpjD,_Qq[Mgne, i e i ri cio i etoril er�tre. 10. Methadone - Dolphine, eth o e. 11. ProDosvDhene - Darvocet, Darvon N, Dolene, c. Tetirt A ll specimen colle and testing for drugs under this section will be conducted by Ftestina roviLerLand shall be performed in accordance with the regu,ire rrtent of Section 440.1 ( } lori tfiute irtolu i the folio i roo dare: 1 . _ sample shall be collected with due reg rd to t ri o of the individual voyiding the saMple, and in a ma nner re on bl� calculated to_pEqvent substitution or contamination of the sgmple, 2. Sp ecime n containers will be labeled so as to reasonabiv oreclude the likelihood of erroneous identification oft t results. Spg!;f men collection, storage and transDortation tote te sting site shall be e or ect ire nt�er th reasonably precludes contamination or adulteration of s form for the employee car lob applicant will be furnished to provide r�_ i for tion t e e to oonier relevant to the test including identification of current) or reeerytl used r on ticarr or 38 00344780 -] nonpres cription medication or other relevant is l informa The form will include the most comm medicgjjpn b br nd n or co_ mon name, as applicable, as well by chemical _hie It r or of r test. Ise ro i 'ong of formation shall not preclude the ini tr tion of the drug t t ut shill e taken into account in inter retina any p ositive confirmed test result. 4. The CRA s Il the oo of II ru t e initial rt onfir tion which the CRA re quires of employees. n e to o io -.ant shall pay the costs of any additional drug tests not re airs b t e Positive ®r t ® Actions and Conseauences 1 Within 5 working r receipt of a positive confirmed test re sult from the medical review off the CRA shall in form n employee or iob applicant. in writing of such positive test result t consequences of such results, and the o0ons available to the ernplo e or `o lic nt. The CRA shall p rovide to the gMpjo y ee or _job applicant, -upDcn request, a copy of the test results. Fore purposes of this ection, "Medical review officer" shall be a licensed icin, employed with or contracted with the CRA or HR ent, who has kn owled ge of substance abuse disorders laboratory testing procedures, and chain of custody collection roceure° n o h t neceo edit I tr to in r r t end e lu t n to oitie test result in relation to the emplovee's mediggi history or any other relevant biomedical information 2. ithin orin_ days after r eceiving notice of oitive confirmed test result, n olo°ee or iob applicant pub it ir�or tion to the CRA expjqjUjng co testing t e test result, and el in h the result does riot constitute a violation of t ' folic. the olg ee' or iob applicant's I anation or challe rrg of t oitie test resu is unsatisfactory to the CRA a written gxplanation as to why the employee's or iob app licant's explanation is unsatisfactorv, alona with the re port of positive result II be p ro v i d ed the CRA to theto ee or 'ob licnt° end If Luc documentation shall be rat confidential by the CRA in accordance with the p rovisions se forth later in this section and shall be retained b the CRA for at least one r. 4. The GRA may not terminate refuse to hire, discriminate agains or re guest or require rehabilitation of n �ee or 'ob 39 00344780 -] applicant on the sole basis Df a positive test result that has not been verified a confirmation test and by medical review officer. 5. e specimen that produces a po °tire, confirmed test result shall be preserved presered by the licensed or certified labqEq!qpLjijgt conduct d the confirm test foLp_p�qriod of at least 21 er the result of the test was mailed or otherwise delivered to the medical review off However if an employee or `ob applicant undertakes an administrativ car legal challe ge tot t st result, ploee or Lqb applicant shall notify th laborato an d the same shall b retained by the laboratory until the case or ad inistratie appeal is settled. During the 180 -day p rind after written notification of positive test result the employee or io a plicant ho ro i ed th specimen sh all be permitted by the to have a poittion of the specimen retested at the to ee's or job licant's expense at another la orato licensed and approved by the Agency for Health Care Adrninl&qt[gn� sen t pion or lob applicant. The second laboratory must test at egual or greater sensitivity for the drug i gues ion as the first laboratory._ The first laboratory that performed the test for the CRA is responsible for the transfer of the port o the sped en to retested, and for the integ of the chain of custody during such transfer. 6. An e plo ee found through t sting to have are alcohol concentration of 0.05 in his or her system while at work will be irnmediatel rem from is or her workstation and ay terminated,_ disciplin or referred to the employee assistance program ) for counseling. An e r%' - o is diagnosed as having a mind-altering substance in his or her system w hile at work and such results are verified by a confir abort test, ill e ut on probation and m ay be subject to ter ination and/or forfeiture of his or her eflgjbility for medical and indem b enefits. If an accident has occurred while the employ as under the influence of any rug irtcludirrg alco ol the e ploy e faces the risk of forfeiture of workers' compensation benefits. 7. At the discretion of the cutivD irector, an employee can be given the op portunity to participate in the -approved assistant program w ith continued plo ment conditioned on rema ining drug-free. Abstinence from ur s will be determined by random follow-up blood and/or urine drug tests. Confirmation Testing 40 00344780 -1 1 a if an initial drug, tort i nog`ry a t in its col iorotion seek a confirmation test. 2. nl lioon d or rtifiod I bor tori conduct confirmation drug t t. 3. All positive initial tests shall be confirmed using gas ore togrp 1 asp tootro t 1 ) or a e ggLivalent of more ccurate scientifically accepted method approve d th c� nod fear laolt r nitrtion or t United States Food end rug initrtio oh tor�olog becomes available in a cost-eff form. . If are initial dru tort of to or 'o lie nt i con firmed as p ositive , the odic l review io r h ll prod t o nio l assistance to the n to the ploy or lob applicant for the purp of inte rpreting the test result to determine whether the result could have been caused bj prescrilation or non scription medication taken by thg_qMployee or iob applicant. Confidentiality 1. Except as otherwise ro i in this subsection all information interviews 4 reports statements, memoranda, and drug test results, written or otherw ceived or produced as a result of a drug - t isions of section 1 19.07(a) and section 4( . 'I of the °t to Constitution and rnav not be used or received in i enoo obtained in i o o , or disclosed in any pub or private proceedings,gLgept in accordance ith this section or in determining coMpgnsability under this apt r. 2. The Iortorie odiol reie ioor, ploee assistancero r ru ro i ition ro th it ent may not release any informa con cerning drug tes results obtained pursuant to this se ction without a w ritte n consent i e voluntarily b t arson tested, unl such release is ggMpelled by a heri _ rr r urt Ica ptrrt l rig itin purunt to an peal taken under this section or is o p ropri to rofoion l or coca tior�l fiooni _ boar i a related disci lin� proceeding. . T ri n consent m ust contain at a minimum. . The name of the person o i out on e to tin t information. b. ur oe of the di 41 00344780 -1 C. The precise information to be disclosed. d. The duration of the con sent. e. e signature of the person authorizing release oft e information. . Information on drug test results shall not be used in a ny criminal proceeding against the employee or iob applicant. Information released contrary to this section is inadmissible as evidence in an such criminal proceed! 4. This sub section does not prohibit the CRA agent of the CRA, or la or to conducting a drug test from having access employee oy drug test inform 2gL such infor ation hen Dons Iting with legal counsel in connection with actions rougt under or related to this section or when the information is relevant to its defense in a civil or administrative matte b. The exe ptions in this subsection are subject to the pen Governm S unset Review Act in accordance with section 119.14 Florida Statutes. Miscellaneous 1. If the CRA terminates or disciplines an e ployee or refuses to it a io applicant in compliance with this policy stateme such termination or discipline or refusal is considered "for cause." 2. o rysician- patient relations ip is created tween an e plo ee or job applicant and the CRA or any person performing o evaluatinq a drua test soleiv bv the establish ent i le entation or administration of a drug -t sting r °ogre Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under Florida's Workers Compensation. Refusal to take drug or alcohol tests also results in forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. th mug wee ®Vofkp Wi �� t Bru- �4r8 +o-n� e r t e err iirrra 42 00344780 -1 -7 Accommodations for Employees with Disabilities Reporting Procedure Individuals with _ disabilities may makg_g_Leguest for reasonable accommodations to his/her direct supervisor or the u an Resources d si. nee. U on r c i t of an acco odation re oast u an Resources will meet with t requesting e loee to discuss and identiFy the precise li itations of lob and /or life functions rorn the disabili an the potential accommodations the CRA might make to overcome those limitations. easi ilit The CRA shall determine the f asiilit and reaso a I Hess of the reguese accommodations, the availability of tax credits and deductions outside undin overall financial impact of accommodations and the potential impact on the operation of the QR& including the impact on the abilit y of other e ploy s to perform their duties. N The CRA will inform-the re_questinq empigyee of its decision on the accommodation request and_,when appropriate, the steps necessary for making the accommodation. A decision under this section shall be reviewable in accordance with the grievance procedures outlined in Section 3 of this manual. SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6 -1 VACATION LEAVE: A. Purpose of Vacation Leave The purpose of vacation leave is to provide regular full -time exempt and non- exempt employees with an opportunity to be absent from work for approved reasons without loss of pay or benefits. B. Accrual Rate and Maximum Accrual Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation leave accrual upon completion of the ninety (90) day probationary period initiated with the employee's first day of employment. Accrual rate, as outlined in the following table shall occur from the 43 00344780 -t date of initial employment and accrue per completion of the established pay period cycle. All references to "years of service" are defined as "continuous" years of service for the purposes of this policy. Eay Annual Annual Years of Service Period Accrual Years 1 through 4 3.08 80 10 Years 4 through 9 4.62 120 15 Years 10 and after 6.15 160 20 The maximum number of vacation hours that an employee may accrue cannot exceed 320 hours. Any vacation hours in excess of 320 hours will be forfeited. Upon separation the CRA will pay out the accrued vacation time up to a maximum of 320 hours. 6-2 SICK LEAVE: As each month passes, a regular full -time exempt or non - exempt employee accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days per year constituting a maximum ninety -six (96) hours per year. Sick leave with pay shall be computed from the hire date of the employee with accumulation of sick leave not to exceed 480 hours or sixty (60) working days. Upon separation the CRA will pay out the accrued sick time up to a maximum of 480 hours. An employee will be granted sick leave if the employee's absence from work is necessitated by one (1) of the following reasons: A. Employee's health or the health of an immediate member of the employee's family. (For purposed of this section, "immediate family" is defined under Definitions, Section 1 -4). B. Medical, dental or optical treatment, which is necessary during working hours. C. Quarantine due to exposure to a contagious disease. All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and /or unfitness for 44 00344780 -I duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one -day absence. Employee absences for more than three (3) consecutive days due to national, state, or local emergencies will not require a doctor's certification. A Sick Leave Sharing Program is available for full -time employees who are absent from the workplace for an extended period of time due to an illness or accident and have depleted both their accrued sick leave time and accrued vacation time. Employees wishing to donate time may use either accrued sick or vacation time, but must have 80 hours remaining in each contributing bank (sick or vacation) after the donation. Requests will be granted at the discretion of the CRA Executive Director. 6-3 HOLIDAYS: A. The following holidays will be observed each year: New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day B. Other days as specifically designated from time -to -time. The CRA Executive Director reserves the right to declare these and any other holidays on a date designated by the CRA Executive Director; such dates do not necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full time employees shall be paid for the legal holidays at their current pay rate. Regular full time non- exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full- time employees must be in pay status during regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part -time, temporary, and emergency appointed employees are not entitled to holidays with pay. 6-4 COMPASSIONATE : 45 00344760 -I Employees may be granted by the CRA Executive Director, upon request, up to five (5) working days of compassionate leave with pay due to a death in an employee's Immediate Family. Under extreme circumstances and with the written approval of the CRA Executive Director, the leave may be extended. 6 -5 JURY : Any employee summoned for jury duty or to be a witness related to CRA business shall comply with such summons without loss of pay. Any compensation received as a result of compliance with such summons shall be returned to the CRA, less any amount attributable to an allowance for mileage. If an employee is summoned to appear for jury duty or as a witness, the employee must notify the CRA Executive Director or HR Designee immediately. An employee receiving a witness summons for non -CRA business must use accrued vacation or compensatory time to cover the work hours missed. 6 -6 MILITARY LEAVE: olic The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed Forces obligations or annual training sessions or active duty call -up and provides this benefit to eligible employees. It is ft-policy of the CRA to comply with the Uniformed Service Employment rand Reemployment Act of g4 as amended fQaERRA an all state laws governing loy ent and reeMployment of e____ serving in the armed services. �Cf�C�Ci Cr v w. . vw a�w vvo e esr wa rah r — � — g "fhe CRA prohibits discri inatior� against e loy son the basis of ilitary ty affiliation or statu an re uires reinstate nt of an lo�ree folio ing rriitary leave to the sa osition or a position of like s niority, status n as provided b state and federal law. Notice Period Unless r eluded b ilita nee salty or circa stances under which the giving of notice is otherwise imp racticable or unreasonable the e 2pLo {o appropriate o icer of the uniformed service in which the employee is to serve 1 must give as much ad vance wr n or oral notic as possible of the need f or rnilaqmjgqye. 46 00344780 -1 niv uty I f an employee is rrr r of a reserve unit and is reguired to attend traini nu - it r tit ate flit exercise, the its mav e lect to nun leave if suff i c ient leave has been qgmed or to t ake a mili tary leave ro a Ag t i ve Du I f aELgMployee is sent from rk due to active military i m he will rent the v of absence for the ratios n of such period of service the maximum red fired b Reemp loment Un der USEREA an employee is t t l to r ploy t b t sepg Lqtion from th e military service provided the l . hono Eqbly dischaiped or terminated fro u. e mployed ire a p osition for wh ich there was an p?�pectati ts ti rtu ed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ . . employment n ot n absent for dutv in the rif r ices for longer t han a l ti ined in the ni o d Service. • In all cases an employee w ill reinstated in accordance ALh applicab fed eral and state law. • ® Re ported to r notified his or her supervisor of an intention to retur arks at the r time as indi in the following table: Per iod f S erv ice c io Employee When icy Must Be Taken M u s t Take from ion of _ S ervi c e 1 da ys g o k 1 On the y pct regularly scheduled w ork shift on t first r1 r ire 1 ended, pl the time fo transpo rtation k to emp lovee residence of hours rest — OR — C n as p ) ss ible after the 8 hour rest period, if, t rough no fault pf the , it would b impossible or unreasonable report wi t h in the ti rite desc s _ _____ 1_186 days t u sr irr ithi cale ndar da y. 47 00344780 -1 wr ifinq of intent to return to wo rk. 18 1 or m o re ays Submit s writt W ithin 90 calendar days after request for comD i service. ree to ent. If comp lying wit a dead line is impossible or unreasonable thEgggh no fault of the employee, notic shall be submifted u the next first full calendar ay e submifting_Lhe requ eco es possible. This policy may not address all issues concerning our ri hts during military leave. Insofar as issues arise that are of addressed in is olio t he CRA will abide by USERRA and any controlling state laws. Should you have an questions o r c�uit further i fo 'atone please see Human R esou r ce s for further i nformation r g ring military leave. -7 DISABILITY Regular full time exempt and non- exempt employees may experience illness or disability requiring that an employee is unable to work for a duration of time, which may or may not be defined at the onset of the illness or disability. Employees under a physician's care that require an extended duration of time away from work due to such illness or disability will have their positions (or a position of equal compensation and comparative duties /responsibilities) held for a maximum of One Hundred Sixty (160) working days, constituting a total of 1,280 hours. Employees exercising provisions of this section may continue their regular compensation through use of the employee's accrued sick, annual, and/or any otherwise authorized accumulated /credited leave time that has been earned /accrued by the employee and recorded by the CRA. Employees who do not return to work at or prior to the expiration of the allowable 1,280 hours will be deemed to have abandoned their position with the CRA. For proced to request an accommodation for disability, see se ction -7 above. 6 -8 LIFE INSURANCE: See section 6 -10 below. LEAVE WITHOUT : 48 00344780 -1 A regular full time exempt or regular non - exempt employee may be granted leave of absence without pay for a period not to exceed One Hundred Sixty (160) working days (1,280 hours) for illness, disability or other reasons. Such reasons, other than physician attended illness or disability, must be outlined in writing and submitted to the CRA Executive Director for review and approval or denial. Employees may not be employed elsewhere during an authorized Leave without Pay period of time. Such leave shall require the prior approval of the CRA Executive Director. Employees that are on approved leave of absence without pay will be responsible for paying the premiums and /or other established payroll deduction requirements for continuation of benefits. Employees will not continue to receive time accrual for any benefits during the duration of the Leave without Pay Period, except as may be provided for under State and /or Federal Law. 6 -10 MEDICAL DENTAL VISION LIFE INSURANCE: The CRA will offer regular full time employees medical, dental, vision and life insurance coverage utilized by the City of Boynton Beach as defined in Resolution No. R06 -059 dated February 14, 2006 and as may be amended from time -to -time. The CRA will cover the cost for exempt and non - exempt full time employee insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse and /or children of the employee. All full time non - exempt and exempt employees are eligible for benefits the first day of the month following 30 calendar days from the employee's hire date. Part time, temporary, and emergency hire employees are not eligible for benefit coverage. Employees on approved leaves of absence must pay the non - subsidized rate for all insurances in effect during their leaves of absence. Upon either voluntary or involuntary termination of employment, benefit payments for medical, dental, vision, and life /disability will continue to be fully paid for by the CRA through the last day of the month following ninety (90) days after the date of employment termination. For example, if the last day of employment is January 15 benefits will be paid in full by the CRA through the last day of April, or April 30. Regular full time non - exempt and exempt employees that decline (opt out) of medical benefit coverage shall receive a 50% payment in lieu of the associated expense that would have been borne by the CRA. The 50% payment will be calculated using the current payment required by the CRA for employee only medical coverage and shall be included in the employee's bi- weekly pay. -11 RETIREMENT: 49 00344760 -1 All regular full time exempt and non - exempt employees will be eligible to participate in the CRA's 457(b) Deferred Compensation Plan and 401(a) Profit Sharing Retirement Plan. The 457(b) Deferred Compensation Plan is contributory on the part of the employee and is effective at the end of the employee's probationary period. The CRA will match employee contributions up to 5% of the employee's gross salary on an annual basis starting each fiscal year (October through September). The employee is 100% vested immediately upon the employee's achieving full employment status at the end of their probationary period. There is no match by the CRA if the employee elects NOT to participate in the 457(b) Deferred Compensation Plan. The 401(a) Lump Sum Employer Contribution Retirement Deferred Compensation Plan is non - contributory on the part of the employee. Eligibility for this contribution is based upon the employee's successful completion of the Initial Probationary Period. The amount of the Lump Sum Employer contribution, if granted, is based upon a Uniform Retirement Percentage as determined by the CRA Board and is administered by the CRA Plan Coordinator. Employee's that complete their probationary period during any month of the fiscal year will have the employer contribution prorated. By way of example, if an employee is eligible to receive $3,400.00 (based on an annual salary of $50,370.00) for a full year's employer lump sum contribution the employee will receive a prorated share of that amount for the months between the end of their probationary period and September 30 The employer's full contribution calculation will commence with the start of the next fiscal year. Eligible employees may receive profit sharing contributions regardless of whether they participate in the 457(b) Deferred Compensation Plan. Actual payment of contributions to the 401(a) Lump Sum Employer Contribution Plan is at the discretion of the CRA and may be made at any time during the fiscal year as determined by the CRA Plan Coordinator. SECTION 7: CREDIT CARD POLICY 7-1 POLICY AND FORMS: PURPOSE: The Boynton Beach Community Redevelopment Agency's ( "CRA ") Purchasing Card (credit card) policy is designed to improve efficiency in processing purchases approved in the annual CRA budget for official CRA business of a public purpose. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing 50 00344780 -] credit card is issued to a named individual and the Agency's name is clearly shown on the card as the governmental buyer of the goods and services. The purpose of this policy is: 1. To provide an efficient method of purchasing and paying for goods and services as approved in the annual CRA budget for Agency business of a public purpose. 2. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 3. To provide for disciplinary action if the purchasing credit cards are misused. Credit Cards are issued to each member of the CRA staff and monthly credit limits are set according to the responsibilities of each position. Procedures Cardholder: • Hold and secure purchasing card. • Complies with procurement policies and procedures. • Assures that budget exists for purchased items. • Assures receipts identify detail of items being purchased. • Identifies account number, associated dollar value, and reason for purchase on each purchase receipt. • Hold original receipts for monthly credit card reconciliation. • Completes monthly credit card reconciliation and submits to Finance department for payment. • Identify disputed charges. • Responsible for all purchase transactions on the assigned purchasing credit card. Finance • Requests from credit card vendor purchasing card for designated employees. • Sets spending limits for each cardholder. • Provides Purchasing Card agreement to employee. Maintains executed agreement. • Receives consolidated and individual statements and distributes to cardholders for reconciliation. • Receives completed employee monthly credit card reconciliations. • Approve /disapprove all purchasing card requests. • Coordinate issuance and cancellations of cards. • Participate in resolving billing disputes. • Pay all monthly charges from consolidated statement. • Collects cards from cardholders that terminate employment. 51 003447&0-1 LOST OR STOLEN PURCHASING CARDS a. If a purchasing card is lost or stolen, the Cardholder must immediately notify the issuing bank and the CRA Finance of the loss, verbally and in writing. b. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. TERMINATION OR TRANSFER a. When an employee ends his or her employment, Finance shall immediately collect the purchasing card and destroy it. b. If the Finance is unable to collect the purchasing card when an employee terminates, the Finance department will immediately notify the issuing bank to ensure that the card is cancelled. LIMITATIONS USE OF PURCHASING CARD CARDHOLDER USE ONLY The purchasing card may be used qMly by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use. If personal use is unavoidable in the context of travel, the employee will segregate and document such charges and reimburse the CRA accordingly and immediately (see Travel & Entertainment Policy). If items of a personal nature are charged by the employee in error, the employee must immediately submit a check to the Finance department reimbursing the CRA and document such personal use in memorandum form. Personal use will require immediate reimbursement and can result in disciplinary action which may include cancellation of the employee's purchasing card privileges, dismissal and /or criminal charges. In addition to any administrative and disciplinary action that may be taken, the employee 52 00344780 -1 may be required to reimburse the CRA for the total amount of the improper charges through payroll deduction or direct payment. PROHIBITED S ES OF PURCHASING CARDS The following types of items may not be purchased with a purchasing card, regardless of the dollar amount. Cash advances Personal use items PURCHASING CARD SECURITY Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. . STORAGE OF THE PURCHASING CARD Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. b. ACCOUNT NUMBER Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. d. LOST OR STOLEN CARDS If the purchasing card is lost or stolen, you must immediately notify the credit card issuer, document the report, and notify the Finance Department. MISSING DOCUMENTATION If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. Attached Forms o CRA Purchasing Card Program Employee Agreement o Credit Card Reconciliation Form 53 00344780 -I SECTION 08: COMMUNICATIONS SYSTEMS POLICY -1 Statement of oiicy. Electronic communications, incluin t contents of CRA o co puter, tel n f ci it er t pro ert oft CRA. Thi§_policv is intended to apply to employees' use t_ it personal equipment that may be used on CRA property including CRA vehicles), or during -r I t activity. The purpose of this policy is to set forth guidelines regarding access to and dissemination of info rrntiont re nt or rec 'red pioee intern fi, ail, phone ail or other communications or informati y to oft r not to be used in any manner that is nie iru tie abu or harmful to others or to CRA morale. Employees in violation of thi olio are g ject to ici lie action to n i cluin termination. 8-2 No Expectation of Privac . The CRA treats all computer fiI , including but not limited to email sent or received -r I t d information, nd unless expressly exempt, a public record under Chapter 119, _ Florida ttute. The CRA has the ability d t right, with or without notice, to access, monitor, review, copy and/or del to ens co pater files including but not limited to emails sent or receive MI internet -bay d and internal communications and/or transactions. If an emp makes incidental use oft he CRA's co put r system for personal file or email such employee has no expectation that such personal file will be protected from review and/or deletion by e ccor ingyl to ee should not use CRA co rmation they ° h to kee 2 EbgjgL __ Because the CRA is n iti to legitimate privacy rights of e o ee effort will be made to con act or place monitoring in a respectful manner. 8-3 Use of t for Harassment Use of the CRA computer systern, or of any technology, whether owned by CRA or not to engage in COMMUnication that violate CRA policy i strictly pro ed. The prohibits the dig Iy, or e or tram iion o eu Il e licit images, messages, cartoons, or any transmissions or use of communications that contain profane of offensive language; eth ice religious or racial slur; or any other communication that will likelv be construed as harassment or disparagement of others based on race, color, national origin, gender, age, disability, reli ion eul orientation or political belief on- solicitation; Outside EgIployment 54 00344760 -I The CRA co _pater sstern III of be used to solieit for commercial ventures unrelated to CRA business religious or political causes or outside omaniz tions unless expressly authorized by the 8-5 Software The CRA prohibits the use of any computer software or p ro r rns that are not pressl authorized and installed by the ploy s shall not make unauthorized copies of apy software or programs installed by the CRA. 8-6 Termination II eguip ent and computer-related files programs and materials issued or purchased by the remain the pro ert o the orr voluntary er in olunta termination of emplovment or service with the rRA errinj e ees not retain arr equip nt9 pater progr files or material s pon termination, the CRA will turn off all computer and communications syste s issued to the terminated plc ee. 8-7 RepogLng All re arts of violations of this houl be directed to the log 's immediate supervisor or if the sups isor' i unable to satisfactorily resolve the issue or is closely connected with a violation of the policv, to the Human Resources Department. 55 00344780 -1 BOYNTON BEACH COMMUNITY PURCHASING EMPLOYEE AGREEMENT I. (employee name) (employee social security number), hereby request a Purchasing Credit Card ( "Card "). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax - exempt number, I agree to return the Card immediately upon request or upon termination of employment) including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips /receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1- 561- 737 -3256) of the loss, verbally, and in writing. Employee Signature and Date Witness Signature and Date irec t or o F F inane — and Date Issuance Date 56 00344760 -I Credit Card Reconc Name Date D ate of E Amount Account P t - rticipants Total $ - Billed Amount - Note: This is the amount showing on your credit card statement. Difference - N ote: After all expenses are recorded, the difference should be $0.00 Employee Signature Date Finance Dept. Signature ate 57 00344780 -1 ATTACHMENT 3 EMAIL FROM MJ CONSULTING Harris, Susan NINIENEEM From: mikemjconsulting @tx.rr.com Sent: Monday, August 11, 2014 11:56 AM To: Harris, Susan; DMahoney @glatfelters.com; parts @plastridge.com Subject: Boynton Beach CRA /CPP EPL Assessment Review Hello Susan, Congratulations on the hard work put into the revision of Boynton Beach CRA's Hiring and Termination Policy and Procedure Manual as well as the Human Resources Policy and Procedure Manual. I have reviewed both updated documents and compared them with the Assessment Report I had sent to you previously. Working as a consultant with public entities since 1996, 1 realize the collective effort it takes to implement change within an organization. Once again, great work in always looking for ways to provide personnel policies and practices within your organization. I am happy as an independent consultant to see firsthand the difference you and your organization is making to best protect employees from workplace misconduct and foster a safe and productive environment. Mike McCall, J.D. Consultant for GPP MJ Consulting 603 Buffalo Springs Drive Allen, TX 75013 214 - 509 -0505 1 BOYNTO 1"BEACWt, RA CRA BOARD MEETING OF ® September 9, 2014 t Est °�tt �.gcndat A I d �in�ss + � r 1�� ttsinss ' u '€� �a °itt ( i ttt�r SUBJECT: Consideration of Executive Director's Annual Review SUMMARY The Executive Director's Restated Employment Agreement dated March 12, 2013 (Attachment 1), states in section 3.3: "The Board shall review Employee's salary and benefits annually at the time of the Employee's review and in the event the Employee's review is above satisfactory, Employee's salary shall be considered by the Board for an increase." The Executive Director's salary in FY 2013 -2014 is $123,188. In addition, the Executive Director receives a $3,000 /year auto allowance. Performance appraisals have been completed by all CRA Board members and the Performance Scoring summary is attached (Attachment 2) as well as the individual Board member completed performance evaluation forms (Attachment 3). The composite Performance Scoring is 4.2 The rating scale is. 5= excellent, exceeding expectations 4= very good, meeting expectations 3= satisfactory, meeting an acceptable performance level 2= below expectations, needs improvement 1= unsatisfactory, poor, needs substantial improvement FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: CRA Board to provide direction regarding possible Executive Director salary increase in FY 2014 -2015. Susan Harris Finance Director TanCEMDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Farms by Meeting\FY 2013 -2014 Board MeetingslSeptember 20WExecutive Director's Review.doc ATTACHMENT I EXECUTIVE DIRECTOR AGREEMENT RESTATED EMPLOYMENT AGREEMENT This employment agreement ( "Agreement "), is made and entered into on this —day of October, 2013, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA "), and VIVIAN L, BROOKS, (the "Employee ") (collectively, the "Parties "). WHEREAS, the Board desires to employ the Employee, as Executive Director of the CRA; and WHEREAS, the CRA desires to provide certain benefits, to establish certain conditions of employment and to set certain working conditions of Employee; and WHEREAS, Employee desires to accept employment as Executive Director of the CRA under the terms and conditions set forth herein, NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties agree as follows- 1.0. Duties 1.1. The CRA agrees to employ Employee as the full -time Executive Director ofthe CRA to perform the functions and duties necessary to manage its operations. 1.2. The general scope of duties is set forth in the job description attached hereto as Exhibit "A" 1.3. Employee agrees to perform her duties and other such legally permissible and proper duties and functions, consistent with the office of the Executive Director, as the Board of Commissioners of the CRA (the "Board ") shall assign fiom time to tinxe. 1 ":\CONTKACTS -1, EASES- DIFA9\Vivian Brooks - Executive DirmteBraoks Restated Fmplaymenl Agreement 9 -13 marked up.doc 2.0. Te rm. 2.1. This Agreement shall become effective and the term of employment as Executive Director shall commence on the date approved by the Board for a one (1) year term. This Agreement may be terminated by either party pursuant to Section 10. 2.2. Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the CRA to terminate the services of the Employee at anytime, with or without cause, when done in accordance the provisions set forth in Section 10 of this Agreement. Termination without cause shall require a thirty days notice to Employee. The CRA may accept the resignation effective a date prior to the expiration of thirty (30) days, but in that event, the CRA shall still pay Employee until the end of the thirty (30) days, subject to the twenty (20) week limitation on severance referred to in section 1 0.0. With respect to severance, in the event of any conflict between the terms of this agreement and the provisions of Laws of Florida 2011 -143, the provision of the 2011 -143 shall control. 2.3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the night of the Employee to resign at any time from her position with the CRA, subject only to the requirements and provisions set forth in Section 11 of this Employment Agreement. Employee shall give CRA a thirty (30) day notice of resignation. 3.0. East S Jar3 3.1. Base Salary. The CRA shall pay Employee an annual compensation of One Hundred Twenty- three Thousand One Hundred Eighty -Eight Dollars (S 123,185), as may be adjusted pursuant to paragraph 3.4, for all services performed, payable in equal installments at the same time as the CRA employees are paid. T:�CONTRACTS- LEASES- D1FAs%Vivian RruAs- Executive DirectcmiRrooks Restated Employment AgreCment 9 -13 marked ap.doc 3.2. The CPA agrees to pay Employee for services rendered commencing upon the date of the execution of this Agreement at an annualized base salary of $123,1 S 8 payable for time employed (subject to customary withholding and deductions). Such payment will be made consistent with existing CRA pay periods. It is recognized that the CRA pay periods are bi- weekly and if the pay periods change, the employee's annualized base salary shall not change. 3.3. Notwithstanding reference to "term" and " amualized salary ", reference to those terms does not imply a fixed term of employment and Employee is not entitled to compensation other than for time actually employed by the CRA, unless as stated elsewhere in this Agreement. 3.4. The Board shall review Employee's salary and benefits annually at the time of the Employee's review and in the event the Employee's review is above satisfactory, Employee's salary shall be considered by the Board for an increase. 3.5. Notwithstanding the Board's rights as set out in 3.3 above, the Board shall conduct a formal review annually in advance of the anniversary date ofthis Agreement and prior to granting extensions to the teen as set out in section 2.1 of the Agreement. It is the Board's responsibility to conduct a formal review and in the event the Board does not complete such annual foranal review within thirty (30) days prior to the end date of this Agreement, the Agreement will automatically renew under the existing teens and conditions. The Employee shall initiate the review process by adding it to the Agenda and the Board shall conduct the review in a timely manner and vote an the Employees performance revic-kAr. 4.0, Vacation and Sick eve. 4.1, The Employee shall be entitled to accrue, use, and cash out sick and vacation leave T: LEASES- D1FAs\Vivian Brooks - Executive Diractor,Brooks Restated Employment Agreement 9 -13 marked up.doc pursuant to the CRA's paid leave benefits policy. 5.0. Insurance. 5.1. CRA agrees to provide at no cost to Employee health, dental, life, and disability insurance for Employee consistent with health insurance policies consistent with those in effect as of the Effective Date of this Agreement and provided by the City of Boynton Beach to its employees. If the policies relating to insurance of the City for City senior staff' employees change, the Employee's benefits will change accordingly. 6.0. r Allowance. 6.1. The Employee's duties require that she have the use of an automobile during her employment by the CRA. The CRA agrees to pay Employee three thousand Dollars ($3,000.00) per year for automobile expense reimbursement payable in equal installments at the same time as the CRA employees are paid. 7,0- Legal Holidays. 7.1. The Employee is not required to work office hours on legal holidays as designated from time to time by the CRA. 8.0. Outside Activities and uhf's of or . 8.1. The Employee shall not be entitled to engage in any other employment or professional engagements without prior consent of the Board. 8.1 Employee shall disclose at the next regularly scheduled Board meeting her involvement in any business, charitable and corporate (for profit and not for profit) organizations. 8.3. Employee shall comply with the provisions of the State of 1~loilda and Patin Beach County Code of Ethics, as each is amended from time to timme. T: IC'oNTRACTS- LEASES- DIFAs,Vrvian Brooks - Executive Directnr`Srooks Restated L•mpioymenl Agreement 9 -13 meiked up.doc 9,0. ' Professional ve e L 9.1- The CRA agrees to budget and pay Employee's membership costs in the American Planning Association. (APA), the American Institute ofPlanners (AICP), the Florida Redevelopment Association (FRA), and the Urban Land Institute (ULD which are determined by the CRA to be for the good ofthe CRA. At any time during the term of this Agreement the Board may decide to not pay for Employee's reasonable membership costs in these organizations, if they decide that it no longer is in the best interest of the CRA. 9.2. The CRA hereby agrees to consider to budget for and pay Employee's travel and subsistence expenses to attend one national convention (e.g. Urban Land Institute (ULI), Amcrican Planning Association (APA), International Council of Shopping Centers (ICSC), National Trust for Historic Preservation (NTHP) and one Florida conference (e.g. Florida Redevelopment Association) per year. 9.3. The CRA will reimburse Employee for documented and justifiable expenses incurred for the purpose of promoting the CRA district within the amounts authorized in the CRA budget, 10.0. Terminati 10.1. Employee is an at will employee of the CRA who serves at the pleasure of the Board. This Employment Agreement maybe terminated by either party, without cause. If the Employee is terminated without cause, Employee must be given no less than thirty (30) days notice of termination. In lieu of notice oftennination, subject to any limitation on severance payprovided by state law as amended froin tune to time, the Board will provide severance pay in the amount not to exceed an amount greater than twenty (20) weeks of actual compensation plus earned and accrued vacation and sick leave. If termination is for cause Employee shall not be entitled to any severance T:1CONTRACTS- LEASES- DIFAsIVivian Brooks - Executive DiredorlBirxiks Restated Employment Agreanem 9 -I3 marked up-dm pay but shall receive accrued vacation and sick pay. .. Indemnification. 11.1. In accordance with the provisions and limitations of Florida Statute Section 111.07, the CPA shall provide an attorney to defend any civil action in which Employee is joined as a party in her capacity as Executive Director of the CRA.. 12.0. Other Terms and Conditions of Employme t. 12.1. The Board may establish other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of the Agreement or any other applicable laws of the City of Boynton Beach or State of Florida. 13.0. Notices. 13.1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: CRA: Boynton Beach Community Redevelopment Agency c/o CRA Board Chairperson and Board Attorney 100 East Boynton Beach Bled. Boynton Beach, Florida Employee: Vivian Brooks 235 Santa Lucia Drive West Palln Beach, FL 33405 13.2. Alternatively, notices required pursuant to this Agreement maybe personally sen by hand delivery or in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. T; CONTRACTS- LEASES- D1PAslvivian Brooks- Faecuti..e Direetorl8rooks Restated Employment Agmctnent 4 -13 maikcd up,doc 14.0. General Provisions. 14.1. The text in the Agreement shall constitute the entire agreement between the parties and supersedes any prior stipulations, understandings or agreements. 14.2. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. 14.3. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder ofthis Agreement, orportion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 14.4. This Agreement maybe executed in counterparts; each ofwhich will be deemed to be an original, but all of which together will be deemed to be one and the same instrument. This Agreement may also be executcd by exchange offacsimile or other electronic transmissions between the Parties. 14.5. if either party incurs legal fees or litigation expenses, whether or not an action is instituted, to enforce the terms of this Agreement or to recover damages or injunctive relief for breach of this Agreement, it is agreed that the successful or prevailing party will be entitled to reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. 1N WITNESS WHEREOF, the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, has caused this Agreement to be signed and executcd on its behalf by the CRA Chairman, and approved as to form bythe Board Attorney, and Vivian Brooks, Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. T: 1 ('oNTRAC7S- L.EASGS- DIFAs\Vitian Biwks- aecutive Directof Bmaks Restated Employment Agreement 9 -13 marked up.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: lilt I i - (05py Tay 'l6r,'Chaif Approve4asto o Jam& Che'rofty Attomey C — iaj Brooks� TACONTRA M., -LFAS ES•D]FAsWivian Brooks - Executive Dircutoid3moks Restated Dyip3wment Agreement 9-13 marked up,dcc ATTACHMENT PERFORMANCE SCORING BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Executive Director - Performance ralsal tear 2014 Incumbent: Vivian Brooks Years of Service: 9.7 - Current Salary $123,188 + $3,000 Auto Allowance Salary Range: Min- $94,0001Mid Point-$125,000/Maximum-$150,000 Jerry Taylor, Joe Casello, James Michael Woodrow Mack David Average All Organizational Management Chair Vice Chair Buchanan Fitzpatrick Hay McCray Merker Scares Leadershi 4.0 4.0 5.0 4.5 5.0 2.7 5.0 4.3 KSt,ff envision 40 4.0 5.0 4.0 5.0 3.2 5.0 4.3 b Or aniZation 5.0 4.0 5.0 4.0 5.0 3.0 5.0 4.4 Devela me n# 5.0 4.0 5.0 5,0 5.0 3.0 5.0 4.6 Fiscal/ Business Management Budget 5.0 4.5 5.0 4.5 5.0 4.0 5.0 4.7 A enda5 5.0 4.0 4.0 3.0 5.0 3.0 5.0 4.1 Financial Re ortin 4.0 3.5 4.0 4.5 5.0 3.0 5.0 4.1 Marra in Multi le Priarities 4.0 4.0 5.0 4.5 5.0 3.0 5.0 4.4 Productivit 5.0 4.0 5.0 4.5 5.0 3.0 4.0 4.4 Program Development and Follow Through Execution of Policy 4.0 4.3 4.0 4.0 5.0 2.7 4.0 4.0 Program Develo ent and Follaw Through 5.0 4.0 5.0 4.D 4.0 2.7 5.0 4.2 . Imagination 4.0 3.0 5.0 3.5 5.0 3.0 4.0 3.9 Communication Communication 4.0 3.0 4.0 3.0 4.0 2.5 5.0 3.6 Re elfin 5A 3.0 4.0 4A 5.D 3.0 5.0 4.1 Board Communication 5.0 4.0 5.0 3.8 Written Communication 4.0 3.0 5.0 3.9 RelationshiI2 with the CRA Board Res ones to Beard 4.0 2.8 4.0 2.0 5.0 3.0 5.0 3.7 Long Ran Se Plannin Strate is Plannin 10 4.0 5.0 3 OT 5.0 3.0 4.0 4.1 Economic Development 5.0 4.0 5.0 3.0 1 5.0 3.0 5.0 4.3 Multi-Year Approach 5.01 4.3 1 4.0 3.0 1 5.0 3.0 5.0 4.2 R elationshiD with Public/Public Relations Media Relations 5.0 2.5 5.0 4.0 5.0 4.0 5.0 4.4 community Re utations 4.0 4,31 5.01 4.01 4.0 2.51 5.0 4.1 Intergovernmental Relations [ intergovernmental Relations 5.0 2.8 5.0 4.0 5.0 10 5.0 4.3 Professional/Personal Development Ojjectivit 4.0 3.8 4.0 4.0 5.0 3.0 5.0 4.1 Professional Reputation 5.0 4,6 5.0 4.0 5.0 3.0 5.D 4.5 5$ress Marra amen# 4.0 4.0 4.0 4.5 5.0 3.0 5.D 4.2 Personal tributes Leadership Style 5.0 4.0 4.0 4.0 5.0 3.0 5.0 4.3 General Attitude 5.0 3.8 5.0 4.5 5.0 3.0 5.0 4.5 Drive 5.0 4.2 5.0 5.0 5.0 3.0 5.0 4.6 Judgment and Decisiveness 4.0 3.0 4.0 3.5 5.0 3.0 5.0 3.9 Int nit 5.0 4.3 5.0 4,0 5.0 3.0 5.0 4.5 Self- Assurance 3.0 5.0 4.7 Overall Performance Impression Average All Scores 4.6 Rating Scale 1 = Unsatisfactory: poor, needs substantial improvement 2 = Below expectations: needs improvement 3 = Satisfactory: meeting an acceptable performance level 4 = Meeting expectations: very good 5 = Exceeding expectations: excellent TIHUMAN RESOURCES1Executive Director1201 3 -2 0 1 4 EvaluaUonlPerformance Scoring Composite - September 2014 A TTACHM ENT 3 CRA BOARD MEMBER EVALUATIONS BOYNTON BEACH Community Executive Director's Performance Evaluat Vivian L. Brooks DATE R } / R-1 ANNUAL EVALUATION PROCESS: I. The Chair and each Board Member is required to complete the evaluation form based on their assessment of the Executive Director in ten major areas of managerial responsibility that include a total of 32 specific performance measures. Additionally, there are Performance Goals for the fiscal year. Overall impression rating and comment fill -in areas are also included. 2. There is a Comments section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The perlfbrmance evaluation shall be reviewed at o Board meeting at which of t the Board may consider increase in s Executive Director's compensation. INSTRUCTIONS _ Ratigg Scale Each question is followed by a rating scale. Raters may circle the selects performance indicator (I, 2, 3, 4 or 5) or place an "X" along with eric score on e rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators i the ten major performance categories on the pages that follow: = Unsatisfactory, poor, needs substantial improvement = Below expectations, needs improvement Satisfactory, okay, meeting an acceptable performance level Meeting expectations, very good Exceeding expectations, excellent Page 1 of 13 Y DIRECTOR MAJOR AREAS RESPONSIBILITY: I. Organizational Management 1. Leadership. Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? + A) 2.0 3.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 0M 4 . x . 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? In your opinion is the Executive Director able to control the operational activities of the CRA through others? + 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory -- Meets Exceeds Expectations Expectations Expectations 3. Job Organization. Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? -8- 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets xte.ccls Expectations Expectations Expectations r Page 2 of 13 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? __ __.. Lo 10 3.0 4.0 .0,. Unsatisfactory Below Satisfactory Meets �1✓ ceeds Expectations Expectations Expectations 11 . Fiscal/Bu Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well- planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? 1.0 2.0 3.0 4,0 3.0 Unsatisfactory Below Satisfactory Meets . -fxZe ds Expectations Expectations Expectations 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? + A- + Unsatisfactory Below Satisfactory Meets C Expectations Expectations Expectations COMME Page 3 of 13 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? i3O 2 . 0 u0 4.0 5.0 Unsatisfactory Below Satisfactory Iees Exceeds Expectations `lctaticns Expectations 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? I.0 10 4.0 5.0 Unsatisfactory Below Satisfactory 'leetg Exceeds Expectations x* —,'c: tions Expectations COMM 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + 1.0 2.0 3.0 4.0 5 p0 Unsatisfactory Below Satisfactory Meets �xc,cIs Expectations Expectations Expectations : "OMME T : Page 4 of 13 Pr ogram ever t and " llow roan 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? 1.0 2.0 3.0 1 .0 5,0 Unsatisfactory Below Satisfactory ( _, ets Exceeds COMMEN Expectations Expectations Expectations 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 1. 2.0 3.0 4..0 7 Unsatisfactory Below Satisfactory Meets � x& Expectations Expectations Expectations COMMENTS 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? �. 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Mee Exceeds Expectations xpectations Expectations COMMENTS: Page 5 of 13 Communication W. 13. Communication Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? 1.0 2.0 10 4-.o 5.0 .0 Unsatisfactory Below Satisfactory '1 \11k - - Exceeds Expectations Expectations Expectations HVE TVA 14. Reporting. Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets. ?x Expectations Expectations Expectations COMMENTS- . 15. Board Communication. Does the Executive Director provide the CRA Board with adequate information to make decisions? + 4. + 1.0 2.0 3.0 4.0 1 5.0 Unsatisfactory Below Satisfactory Meets :ids Expectations Expectations Expectations C Page 6 of 13 16. Wri Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? 1,0 10 3.0 410 5.0 Unsatisfactory Below Satisfactory "' ,, p Exceeds COMMENTS: Expectations Expectations Expectations V. Rel ationship th 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? 4 - + w S 1 °0 2.0 3.0 4.0 , 5.0 Unsatisfactory Below Satisfactory Exceeds Expectations Exp ctatioias Expectations COMMEN V1 Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + 7 + 1.0 2.0 10 4.0 5.0� Unsatisfactory Below Satisfactory Meets eds Expectations Expectations Expectations :0 j '� '- Page 7 of 13 19• Economic Development. Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? 1.0 2.0 3,0 4.0 5.0 Unsatisfactory Below Satisfactory Meets ids Expectations Expectations Expectations 0 TS': 20. Multi -Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? + +. 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets eds Expectations Expectations Expectations COAIAIENT V11. Relationship it Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? �.. 1.0 2,0 3.0 4.0 5 . Unsatisfactory Below Satisfactory Meets s , cads Expectations Expectations Expectations °t' h f f . "S: Page 8 of 13 22• Community Reputa tion: What is the general attitude of the community to the Executive Director? Is the Exe_cu�ce Director regarded as a person of high integrity and ability? Is her public credibility assetr liability to the CRA? ..__ 1.0 2.0 3.0 1 o0 Unsatisfactory Below Satisfactory l Exceeds Expectations Expectations Expectations Intergo vernmental t 23. Intergovernmental Rela Does the Executive Director work effectively with the City, County, and other local government representatives? Is the relationship with other Iocal government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperation among various local agencies and the CRA? Y / 3 1.0 2.0 3.0 .0 5.0 Unsatisfactory Below Satisfactory Meets E cce Expectations Expectations Profess ional/Person al 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and best practices? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? 1.0 2.0 3,0 4,0 "If 5.0 Unsatisfactory Below Satisfactory Meets/ Exceeds Expectations f< : ations Expectations COMME Page 9 of 13 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? + 1.0 2.0 3.0 4 .0 5. � O Unsatisfactory Below Satisfactory Meets ' R , ds Expectations Expectations Expectations COM MENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 2.0 3.0 4 „t1 5.0 Unsatisfactory Below Satisfactory I is Exceeds Expectations \ p x1' >ectations Expectations C X. Personal 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? n + 1.0 2.0 :1.0 1.3 5.0 Unsatisfactory Below Satisfactory Meets weds Expectations Expectations Expectations C OMMENTS: Page 10 of 13 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? 1.0 2.0 3.0 4.0 590 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMF.AIT,�:_ 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self-starter? Does the Executive Director have good mental and physical stamina? 1.0 2.0 3.0 4. 5. 0 —_ 7 0 Unsatisfactory Below Satisfactory Meets I Expectations Expectations Expectations COMMENTS - — --------- 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? + .4 + + 1.0 2.0 3.0 . ...... Unsatisfactory Below Satisfactory . 5.0 y e t4 Exceeds Expectations Ex . pectations Expectations Page 11 of 13 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his /her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? 1.0 - 2.0 3.0 4.0 1 5 i Unsatisfactory Below Satisfactory Meets I =cce, -ds Expectations Expectations Expectations COMMENTS 32. Self-Assurance: Is the Executive Director self - assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? 1.0 2.0 3.0 4.0 50 � Unsatisfactory Below Satisfactory Meets ,ids Expectations Expectations Expectations COMMEN OVERALL PERFORMANCE IMPRE SSION: + + 1.0 2.0 3.0 4...0 5.01 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMME Page 12 of 13 Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? r Improvements suggested: Based upon your evaluation, what areas would you suggest the Executive Director work on to improve is skills and to be more effective in specific areas or situations? V& Commendations. Area(s) of performance calling for praise /commendation SIGNATLME PAGE Sig 'e o to Page 13 of 13 BOYNTON BEACH Community Ra velo t Agency Executive Directors Performance valuation for FY 201312014 FOR Vivian L. Brooks DATT NAME OF EVAL UAT c M ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is required to complete the evaluation form based on their assessment of the Executive Director in ten major areas of managerial responsibility that include a total of 32 specific performance measures. Additionally, there are Performance Goals for the fiscal year. Overall impression rating and comment fill-in areas are also included. 2. There is a Comments section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS BAt Scale Each question is followed by a mating scale. Raters may circle the selected performance indicator (1, 2 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow. 1 = Unsatisfactory, poor, needs substantial improvement 2 = Below expectations, needs improvement 3 = Satisfactory, okay, meeting an acceptable performance level 4 = Meeting exPectatio¢ns, very good 5 = Exceeding expectations, excellent Page 1 of 13 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIB ILA TY: 1. Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CIA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? + 4 1.0 2.0 1,0 (4. 9,) 5.0 1,1 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS-_ . . ............ 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CIA staff? In your opinion is the Executive Director able to control the operational activities of the CIA through others? + 1.0 2.0 10 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: — - ------- - 3. Job Girganization. Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + + 1.0 2.0 3.0 0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Page 2 of 13 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? 1.0 2.0 reets s.a Unsatisfactory Below Satisfactory Exceeds Expectations Expectations Expectations COMMENTS: H. Fiscal /Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well- planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + + 1.0 2.0 3.0 4.0 5,0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 13 7. 'Financial Reporting: Does the Executive Director provide periodic financial reports in a welI- designed, informative and understandable format? 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? YY Y YY 4v&;addw� 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + + - + 1.0 10 10 5.O Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 4 of 13 M. Program Development and Yollow-Th rough 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? + 4.. 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 1 .0 2:0 3.0 64 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS. 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? is the Executive Director able to visualize the implications of various alternatives? 1.0 2.0 0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 5 of 13 W. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his /her thoughts in an orderly and understandable manner? is the Executive Director able to be persuasive? 1.0 2.0 .t,o Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENT: 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? _. + 1.0 2.0 -- G7 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMEVTS: 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? 1.0 2.0 3.0 4„ 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations "f EMI NTIV Page 6 of 13 1 b. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? i + + LO 2.0 3.0 4.0 57 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 'y. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? �. �. 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations " MA N TS: FYI. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + - +- + ,_ 1.0 ,0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 7 of 13 19. Econom Developm Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? 1.0 2.0 3,0 4�.0 5.0 Unsatisfactory Below Satisfactory li�eets Exceeds Expectations Expectations Expectations COMMENTY 20. Multi-Yeas° Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? 4- + 1.0 2.0 10 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations (70, 1141 E NTY VEL Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + + 4 + . 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMME7V : Page 8 of 13 22• Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? A- + + 1- 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory fleets Exceeds Expectations Expectations Expectations COMMENTS: V111. Intergovernmental Relations 23. Intergovernmental Relations: Does the Executive Director work effectively with the City, County, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperation among various local agencies and the CRA? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory beets Exceeds Expectations Expectations Expectations COMMENTS: EX. Professional/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and best practices? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? + + 3 - ... 4- 1.0 2.0 3.0 4.0 i.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:_ Page 9 of 13 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? Lo 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations C''(D MENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 10 3.0 A 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations X. ?ersonal Aftiribules 27. ]Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + 1.0 10 10 .0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS.__ Page 10 of 13 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? + +._ 1.0 2.0 g 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 29. Drive: is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self - starter? Does the Executive Director have good mental and physical stamina? + + + + + 1.0 2.0 310 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS 30. Judgment and Decisiveness: is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 11 of 13 31. IntegAty: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? -. + + � A- 1.0 10 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 32. Self - Assurance: Is the Executive Director self- assured of his /her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? + . +. .. 1.0 2.0 3.0 4.0 5. Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: OVERALL PERFORMANCE ►t P SSI© - +- -+w 1.0 2.0 3.0 4.0 5A0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 12 of 13 Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? U X�c O—o" \a z %\Ag 6u G lt� v�j aC 0�,j P� VJOGtZ PZO�GZZ Improvements suggested: Based upon your evaluation, what areas would you suggest the Executive Director work on to improve his skills and to be more effective in specific areas or situations? WM2;z st'CA5' Commendations: Area(s) of performance calling for praise /commendation NO- SIGNATURE PAGE _Zia ignature of Rater Date Page 13 of 13 BOYNTON BEACH Community a vel end Agency Executive it ct is Performance Evaluation r FY 201312014 -FOR Vivian L. Brooks DATE , NAME OF EVALUA 4� K� ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is required to complete the evaluation form based on their assessment of the Executive Director in ten major areas of managerial responsibility that include a total of 32 specific performance measures. Additionally, there are Performance Goals for the fiscal year. Overall impression rating and comment fill -in areas are also included. 2. There is a Comments section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS Rating Scale: Taeb question is followed by a rating scale. Raters may circle the selected perfor ance , 2icator (I, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale fine whew You feel a rating falls between two wbole nu ethers. There are 32 listed Performance indJ1cators in the tern major performance categories on the po.ges th2t follow: I = Uansatisfzetory, poor, needs substantial improvement 2 -- Below expectations, needs improvement 3 =- Satisfactory, okay, meeting an acceptable performance level = Meeting expectations, very good 5 = Exceeding expectations, excellent Page 1 of 13 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF SPONSIIBILITY: Ia Organizational Management 1. Leadei°ship: Does the Executive Director motivate others to maximum performance? is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? I + + 1..0 2.0 3.0 4.0 5 0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? In your opinion is the Executive Director able to control the operational activities of the CRA through others? 4 + + i 1.0 10 3.0 4.0 5.0' Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 2 of 13 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? Lo 2,0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory beets Exceeds Expectations Expectations Expectations 11. Fiscal/BusIness Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well- planmd, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + 4- + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations OM EN : 0o `y _ a s 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? +. 1.0 2.0 3.0 A 5.0 Unsatisfactory Below Satisfactory �Peets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 13 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? -4- 2 .0 gin : 4,0 5.O Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations S. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? + +- + + 1.0 2.0 3,0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exc s Expectations Expectations Expectations COMAIENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 'COMM, CINT15 Page 4 of 13 III. program Development and Follow-Through 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? +.. 1.0 2.0 .0 1,0 5.0 Unsatisfactory Below Satisfactory sets Exceeds Expectations Expectations Expectations 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? .. 4.. + 1.0 2..0.0 .0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 12. Imagination - initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? + 7 t . + 1.0 2.0 3.0 4.0 s.o Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMEN'TTS. Page 5 of 13 IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? Lo :.a 3.0 X 4.0 .. Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS. 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? + 4- -t . 1.0 2.0 10 4.0 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations 0 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + 4 + . 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations Page 6 of 13 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? i.0 10 3.0 J. 5.0 Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS:— Expectations Expectations Expectations V. Relationship with the cCRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the iattitudes, feelings and needs? aoeq -. 1..0 2.,0 3.0 - 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations W. Long Range Planning IS. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + + 1.0 2.0 3.0 4.0 5 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 01VAI NT Page 7 of 13 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? + 4 . + + 1.0 2.0 3 3_0 4�0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:_ . .. . ............. ............ . ..... ................. . .... . . . ...... ...................... 20. Multi-Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi-year plannin 5 'j 1.0 10 3 ,0 10 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations COMMENTS: ................ .......... ............ ---------- ............. ..................... — — ---- V11. Relationship with Public/Public Relations 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + 4- + + A - Lo 10 3,0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: . ........................... . . ................................... . ..................... .. . . . . ................................... . . ............... . . ........................... . . . ................................. . ................... . . . ................................................ . .... . . . .......................... ................................... Page 8 of 13 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? _ 1.0 2.4 3.0 4.0 540 r Unsatisfactory Below Satisfactory Meets xc s Expectations Expectations Expectations Y1II. IntcergovernmentO Relations 23. Intergovernmental Relations: Does the Executive Director work effectively with the City, County, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperation among various local agencies and the CRA? 4 .. 1.0 2.0 3.0 4.O 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS. IX. Profession2l/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and best practices? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? 4 .- 1.0 2.0 10 41..ii 5.0 Unsatisfactory Below Satisfactory fleets Exceeds Expectations Expectations Expectations COMMENTS.__ Page 9 of 13 25, Pirefessional Reputation: How does the Executive Director stand among his/her colleagues? is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? 1.0 2,0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Excee s Expectations Expectations Expectations COMMENTS._ 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? + .4 2.0 4n0 5�O Unsatisfactory Below Satisfactory meets Exceeds Expectations Expectations Expectations COMMENTY — ----------- X. Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + 1.0 10 10 490 5.0 Unsatisfactory Below Satisfactory eet Exceeds Expectations Expectations Expectations - — - - — - - ------------ — ------ Page 10 of 13 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self - starter? Does the Executive Director have good mental and physical stamina? + + + 1.0 2.0 3.0 4.0 500 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? 1.0 10 3.0 4.0 5.0 Unsatisfactory Below Satisfactory is Exceeds Expectations Expectations Expectations COMMENTS:_ Page 11 of 13 31. Integrity. Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? 3 1 . 0 .: 4.0 5.00 Unsatisfactory Below Satisfactory Meets E ce;s Expectations Expectations Expectations COMMENTS: 32, Self - Assurance: Is the Executive Director self - assured of his /her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? L o 2.0 3.0 4 O . Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS. OVERALL ACE I P SSI o + a- 1.0 20 3.0 � .0 0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:_ . a ....................... : ........___ _. _. ............ "I A' AW rr .. Page 12 of 13 Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? Improvements suggested: Based upon your evaluation, what areas would you suggest the Executive Director work on to improve his skills and to be more effective in specific areas or situations? Commendations: Area {s} of performance calling for praise /commendation SIGNATtM PAGE Signature off' Rater Date Page 13 of 13 BOYNTON BEACH Community Redevelopment Agency Executive D Performance Evaluation for FY 201312014 FOR Vivian L. Brooks DA T r ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is required to complete the evaluation form based on their assessment of the Executive Director in ten major areas of managerial responsibility that include a total of 32 specific performance measures. Additionally, there are Performance Goals for the fiscal year. Overall impression rating and comment fill -in areas are also included. 2. There is a Comments section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluations all be reviewed at a Board meeting at which point the Board y consider an increase in e Executive Director's compensation. INSTRUCTIONS Rating Scale Each question is followed by a rating scale. Raters may circle the selects performance indicator (, 2, 3, 4 or S) or lace an " along with a numerical score on e rating scale line when you feel a rating falls between two whole numbers. There are 32 lists performance in icators in the ten major performance categories on the pages that follow: = Unsatisfactory, poor, needs substantial improvement = Below expectations, needs improvement = Satisfactory, okay, meeting an acceptable performance level Meeting expectations, very good = Exceeding expectations, excellent Page 1 of 13 EXECUTIVE DIRECTOR'STEN MAJOR AREAS OF RESPONSIBILITY: 1. Organizational Management 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? + -+ + + 1.0 2.0 3.0 .0 X5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS- 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? In your opinion is the Executive Director able to control the operational activities of the CRA through others? + + + 1.0 2.0 3.0 4.0 ,0 Unsatisfactory Below Satisfactory Me e > Exceeds Expectations pectations Expectations COMMENTS-_ 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + + + 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory ets Exceeds Expectations Expectations Expectations C M EAYS— Page 2 of 13 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? .. -+ 1.0 2.0 3.0 4.0 5 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS .d Fiscal/Busines 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well- planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? §- + r- + § l.0 2,0 .0 4.0 5.0 Unsatisfactory Below fiefs ry Meets Exceeds Expectations Expectations Expectations COMMENTS Page 3 of 13 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? + + + - + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:___ 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? 1.0 2.0 3.0 4,0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? 4 4.. + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations C MEAT Y Page 4 cf 13 111. Program Development o 10. Execution do of olicy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? + + + 1.0 10 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + : + 1.11 2. 3. 4,0 5.0 Unsatisfactory Below Satisfactory w eets Exceeds Expectations Expectations Expectations COMMENTS-._ 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? 1s the Executive Director able to visualize the implications of various alternatives? 4- + -t_ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations C E Page 5 of 13 IV . Communi 13 • Communica D oes the Executive Director keep appropriate people informed? Does the Executive Director present his /her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? 1.0 10 300 400 5.0 Unsatisfactory Below 1013T Meets Exceeds Expectations Expectations Expectations ?'S: 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? + 1.0 .0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory s Exceeds Expectations Expectations Expectations 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + 1.0 .0 10 4.0 5.0 Unsatisfactory Below i a� tory Meets Exceeds Expectations Expectations Expectations Page 6 of 13 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? 1,0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS: Expectations Expectations Expectations V. Relationship 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + e2.O + + 1.0 3.0 4.0 5.0 Unsatisfactory Satisfactory Meets Exceeds Expectations Expectations Expectations C ENDS: l t oecA Planning V 1 . Long Range 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, de policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? {- 1.0 2.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: I l e p Page 7 of 13 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? + + + + + 1.0 2 . 0 .0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMME a L ._. 20. Multi -Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? + F + + 1.0 2.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Re lationship with lip / li s 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + + + 1 . 0 2.0 3.0 4 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations C E Page 8 of 13 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? + _ 1 911 7 " + 1.0 2.0 0 4,0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Intergovernmental t s 23. Intergovernmental Relations: Does the Executive Director work effectively with the City, County, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperation among various local agencies and the CRA? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory cc s Exceeds Expectations Expectations Expectations CO NTS: IX Profe ssional/Pers onal 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and best practices? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? �.. 4 + � T . 1.0 2.0 3.0 490 5.0 Unsatisfactory Below Satisfactory ect's Exceeds Expectations Expectations Expectations N Page 9 of 13 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? + i 1.0 2.0 3.0 4. 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations COMM ENTSe 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations ,ENK�; X . Personal Attributes 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? - -_ 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS ......... Page 10 of 13 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? 4 l.il 2.0 3. D 4.10) 5 .0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS- 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self - starter? Does the Executive Director have good mental and physical stamina? + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations C N S: 30. Judgment and Decisiveness: Is the Executive Director able to reach duality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? + -4- + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Page 11 of 13 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his /her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? + � + 1.0 2,0 3.0 .0 5.0 Unsatisfactory Below Satisfactory is Exceeds Expectations xpectations Expectations COMM 32. Self-Assurance: Is the Executive Director self - assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? + + 4 .. 1.0 2.0 3.0 .`� 0 Unsatisfactory. Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMM ENTY: IMPRESSION OVERALL PERFORMANCE + 1.0 2.0 3.0 .0 5 0 Unsatisfactory Below Satisfactory ets Exceeds Expectations Expectations Expectations COMMENTS: Page 12 of 13 Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? - Tirvv, i-o ko..- t Improvements suggested: Based upon your evaluation, what areas would you suggest the Executive Director work on to improve his skills and to be more effective in specific areas or situations? 1 t t i Commendations: ea(s) of performance calling for p apse c n en ation SIGNATLHU PAGE Signature of Rater Date Page 13 of 13 BOYNTON BEACH Community Redevelopment Agency Executive Director's Performance Evaluation for FY 201312014 TOR Vivian L. Brooks DATE NAME OF E VAL UA TORf ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is required to complete the evaluation form based on their assessment of the Executive Director in ten major areas of managerial responsibility that include a total of 32 specific performance measures. Additionally, there are Performance Goals for the fiscal year. Overall impression rating and comment fill-in areas are also included. 2. There is a Comments section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board The detailep rat shuts of tho oty ' rrBo7d mcrq)fers will be provided if requested.) 4. The performalce eiialdiafi on shall berev"i wed at a`Boa'i i meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIONS Rating Scale: Each question is followed by ,% rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an "X" along with 2 numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: I = Unsatisfactory, poor, needs substantial improvement 2 = Below expectations, needs improvement 3 = Satisfactory, okay, meeting an acceptable performance level 4 = Meeting expectations, very good 5 = Exceeding expectations, excellent RECEIVED AUG 2 6 2014 Page 1 of 13 BOYNTON BEACH CRA EXECUTIVE 'S TEN MAJOR 1. Organizational 1 • Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/he w ideas and needed organizational changes? -1= + + 1'0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? In your opinion is the Executive Director able to control the operational activities of the CRA through others? 1.0 10 3 „1 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + -+ + I 1.0 2.0 3. 4.0 5.0 Unsatisfactory Below S tisfiactory Meets Exceeds Expectations Expectations Expectations COMMENTS Page 2 of 13 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? .4- + 1.0 2.0 3. 0 ...... 5.0 Unsatisfactory Below atisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS 11. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well - planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? 1.0 2.0 0 .0 500 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? + + + 1.0 2 . 0 .(1 4.0 5.0 Unsatisfactory Below a 'iractor . Meets Exceeds Expectations Expectations Expectations O ITY Page 3 of 13 7. Financial Repo rti : Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? 1.0 2.0 10 4.0 .0 Unsatisfactory Below '' IslactO Meets Exceeds Expectations Expectations Expectations .H.MENTY 8. Managing Multiple P rio r i t ies: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? �.. + + + 1.0 2.0 3 "0 4.0 5.0 Unsatisfactory Below acts +r�1 Meets Exceeds Expectations Expectations Expectations 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + + � � � + 1.0 2.0 :.0 4.0 5.0 Unsatisfactory Below actory- Meets Exceeds Expectations Expectations Expectations Page 4 of 13 Y Prog ram eve t and - r 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? 4- � + 1.0 10 3.0 s. Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + +.. 1.0 10 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? .. + 4- 1.0 2.0 3. 4.0 5.0 sfactory Unsatisfactory Below a ' Meets Exceeds Expectations Expectations Expectations O f T : Page 5 of 13 IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present leis /leer thoughts in an orderly and understandable manner? Is the Executive Director able to be , 4-rsu - ive? Director + + I 10 0 4. .0 2.0 3.0 4.0 5.0 Unsatisfactory Beiow Satisfactory Meets Exceeds Expectations Expectations Expectations COMM1, 1 1NITY. 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately co formation on the CRA activities? + + 'o + + — r-- + 1.0 2.0 ' 7 4.0 5.0 Unsatisfactory Below ' Q;actoly Meets Exceeds Expectations Expectations Expectations COALVE-NT,V:_ ........... 15. Board Communication: Does the Executive Director provide the CRA Board with adequate iiiforynat,io,,nit,o,,im,ak,e, -- i - oll"'? 11 0 .............. .0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COALUENTS,_ Page 6 of 13 16. Written Communication: Ylow eff are the Executive Director's letters, memoranda and other fion of written information? 1.0 2.0 "0 Exceeds Sat` Aory 4.0 5.0 I Unsatisfactory Below Meets COMMENTS: Expectations Expectations Expectations — ------- — - — -------- - V. Relationship with the CRA Board 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + + 4� 0 5. ctory M Exceeds 1.0 2.0 3.0 4.�O 5.0 Unsatisfactory Below Sa actory Meets Exceeds Expectations Expectations Expectations COMMEN7S:___ V1. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? + + Lo 2.0 1.0 4.0 5.0 Unsatisfactory Below Sa tory Meets Exceeds Expectations Expectations Expectations COMM1111 . ................................... . ......... . . . .. .. .. .. .. ........... --- ............. . . . ............ .............. ............. . ............... ......... ..................... . .............. .......... ............ Page 7 of 13 1 9• Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? + - 1.0 10 10 .0 5.0 Unsatisfactory Below to.r Meets Exceeds Expectations Expectations Expectations COHN IENTY 20. Multi -Year Approach: is the Executive Director helping the Board to address the CRA's future through multi-year ply, rmin ? + + 1.0 2.0 o I 4.0 5.0 Unsatisfactory Below actory Meets Exceeds Expectations Expectations Expectations COMMENT,V: Relationship it h Public/Public Relations 21. Media Relations: is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + 1.0 2..0 1.0 ,0 ;SAO Unsatisfactory Below Satisfactory et. Exceeds Expectations Expectations Expectations "" .E`: Page 8 or 13 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility as asse o ;Ha t o the �RA9 6- + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Intergovernmen i 23. Intergovernmental Relations: Does the Executive Director work effectively with the City, County, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperation among various local agencie the CRA? + 1.0 2.0 10 4.0 5.0 Unsatisfactory Below S t" : ct(. - . rry Meets Exceeds Expectations Expectations Expectations Profe ssional/Personal Dev elopment 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and best practices? Is the Executive Director able to divide his /her personal feelings from those which would most effectively convey the CRA's interest? 1.0 2.0 3.1 4.0 5.0 Unsatisfactory Below ° : story Meets Exceeds Expectations Expectations Expectations Page 9 of 13 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? Is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below actory Meets Exceeds Expectations Expectations Expectations COMMENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position" .4 -+ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below S .. story Meets Exceeds Expectations Expectations Expectations X. Personal s 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + 1.0 2.0 3,0 .0 5.0 Unsatisfactory Below a "Y : ctor Meets Exceeds Expectations Expectations Expectations Page 10 of 13 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? o + 1.0 2.0 3.0 � 4.0 5.O Unsatisfactory Below ", actry Meets Exceeds Expectations Expectations Expectations 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self - starter? Does the Executive Director have good me ntal hysical stamina? 1.0 2.0 10 4.0 5.0 Unsatisfactory Below o Meets Exceeds Expectations Expectations Expectations 30. e Decisiveness: Is e Executive hector able to reach quality decisions in a � s timely fashion? Are his/her decisions generally good? Does the Executive hector exercise good judgment in aging decisions d i her general conduct? .0 2.0 3. 4.0 5.0 Unsatisfactory Below S Meets Exceeds Expectations Expectations Expectations COMMENTS: : Page 11 of 13 31. Integrity, Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the cornmunity for honesty and integrity? l.0 2.0 10 4.0 5.0 Unsatisfactory Below Cory Meets Exceeds Expectations Expectations Expectations COMMENTS: 32. Self-Assurance: Is the Executive Director self-assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below ctory Meets Exceeds Expectations Expectations Expectations OVERALLPERFO IMPRESSION: + + { + _t S' 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below atisfacto Meets Exceeds Expectations Expectations Expectations Page 12 of 13 Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? k1 44- 4 � CreA5 /t-- ./A Improvements suggested: Based upon your evaluation, what areas would you suggest the Executive Director work on to improve his skills nd to be more effective in specific areas or situations? �w " Commendations: Area(s) of performance calling for praise/commendation 6kX '(till 01 A /W a / 7� SIGNATURE PAGE - - - ------- S' re o to Page 13 of 13 BOYNTON BEACH Community Executive Director-s Performance Evaluation for FY 201312014 -FOR Vivian L. Brooks DA YE NAME . 1 ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is required to complete the evaluation form based on their assessment of the Executive Director in ten major areas of managerial responsibility that include a total of 32 specific performance measures. Additionally, there are Performance Goals for the fiscal year. Overall impression rating and comment fill -in areas are also included. 2. There is a Comments section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed t o Board meeting is of the Board a consider an increase the Executive Director's compensation. INSTRUCTIONS Rating c e : Each question is l owed by a rating scale. Raters may circle the selects performance inicato (1, 2, 3 o ) or Lace an "X" along a numerical score on the rating scale lie when you feel rating falls between two whole numbers. There are 32 listed performance indicators in e ten major e or a categories on the pages that follow: I = Unsatisfactory, poor, needs substantial improvernent Below expectations, needs improvement Satisfactory, okay, meeting an acceptable performance leveI Meeting expectations, very good Exceeding expectations, excellent Page 1 of 13 EX TE O rg anizational t 1. Leadersh Does the Executive Director motivate others to maximum performance? 1s the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? 1.0 2.. 3.0 4.0 � �) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMME 2. Supervision: Does the Executive Director adequately supervise and direct the activities of the CRA staff? In your opinion is the Executive Director able to control the operational activities of the CRA through others? + + - _, 1.0 10 3n0 4.0 5 (0 Unsatisfactory Below Satisfactory Meets E Expectations Expectations Expectations 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his/her time productively? Does the Executive Director program activities in an orderly and systematic way? + + i.0 10 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations C Page 2 of 13 4, Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets xcaeds Expectations Expectations Expectations 11. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well- planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + 1.0 2.0 3. 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? 7' + + 1.0 10 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets xceeds Expectations Expectations Expectations C'OjVMEN7'S:_ Page 3 of 13 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? + + + Imo 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? + 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets Meeds Expectations Expectations Expectations COMMENTS: Page 4 of 13 Ill. Program Development o o 10. Execution of o icy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? ..,r. . +, + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Nceeds COMMENTS: Expectations Expectations Expectations 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 1.f1 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory eets Exceeds Expectations Expectations Expectations °f M 'NTT: 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations C Page 5 of 13 Commun 13. Communication. Does the Executive Director keep appropriate people informed? Does the Executive Director present his/her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? 4 + + 1.0 2.0 3.0 4m 5. Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations C OMMENTS 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? .. 2. ,.0 4aO 5.0 Unsatisfactory Below Satisfactory Meets ixce s Expectations Expectations Expectations C OMMEATS 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? 1.0 2.0 C 3.0 � 40 5 Unsatisfactory Below S 7 atisfactory Meets Exceeds Expectations Expectations Expectations Page 6 of 13 16. Wri Commun How effective are the Executive Director's letters, memoranda and other forms of written information? -- _- 1.0 10 3.0 4.0 _ ..a a � Unsatisfactory Below Satisfactory Meets F:�:�s COMMENTS: Expectations Expectations Expectations V. Relationship it 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + , 1.0 10 3.0 4.0 ,0 J :: Ce Unsatisfactory Below Satisfactory Meetse, s Expectations Expectations Expectations C t . M TS: V1. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? -4 + + + 1 . 0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets ce Expectations Expectations Expectations N Page 7 of 13 19, Economic Development Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? .0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COQ WTS. 20. Multi -Year Approach: is the Executive Director helping the Board to address the CRA's future through multi -year planning? + + 4 1.0 2.0 3.0 4.0 5,0 Unsatisfactory Below Satisfactory Meets -, cee s Expectations Expectations Expectations C NITS: Relationship it Relations 21. Media Relations: is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets xcee.(ds Expectations Expectations Expectations C Page 8 of 13 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? 4 + 1.0 2.0 3.(1 4w0 5.0 Unsatisfactory Below Satisfactory is Exceeds Expectations Expectations Expectations Intergovernmental s 23. Intergovernmental Relations: Does the Executive Director work effectively with the City, County, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperation among various local agencies and the CRA? + - 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets :;ceeds Expectations Expectations Expectations COMMENTS: IX. Profession al/Personal Development 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and best practices? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? + 4 + 1,0 2.0 3.0 4.0 3.0 Unsatisfactory Below Satisfactory Meets x.ee Expectations Expectations Expectations COMMENTS.. Page 9 of 13 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? + + + -4- 1.0 2.0 3.0 4.0 ,0 Unsatisfactory Below Satisfactory Meets naeecis Expectations Expectations Expectations 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? +.. 71 _ + 1.0 2.0 3.0 4.0 5,0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Ct W ' X. Personal r gy t s 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? f 1.0 2.0 10 4.0 5.0 Unsatisfactory Below Satisfactory Meets x ;ec Expectations Expectations Expectations COMMENTY Page 10 of 13 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? 7 1 „0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets x=cced.s Expectations Expectations Expectations 29. rive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self-starter? Does the Executive Director have good mental and physical stamina? + 1..0 10 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations ” T,V: 30. Judgment a cisiv ss: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? I- .4.. 1.0 2.0 3.0 4.O 5 p0 Unsatisfactory Below Satisfactory Meets E'xceeds Expectations Expectations Expectations C l: Page 11 of 13 31. Integrity: Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? + + 1.0 2.0 1.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMAIENT 32. Self-Assurance: Is the Executive Director self - assured of his/her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? + 1.0 2.0 3.0 4.0 d Unsatisfactory Below Satisfactory Meets l:axceeds Expectations Expectations Expectations COMHPFN OVERALL PERFORMANCE IMPRESSION.- _... �... 1.0 2.0 10 4.O 540 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Page 12 of 13 Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong points as a manager? r Improvements suggested: Based upon your evaluation, what areas would you suggest the Executive Director work on to improve his skills and to be more effective in specific areas or situations? 'V r C —4—' Commendations: Area(s) of performance calling for praise/commendation 67 17 IVZA, SIGNATURE PAGE Signature of at Date Page 13 of 13 BOYNTON BEACH Commun Executive r V ivian Performance Evaluation for FY 201312014 FOR l 1 Mj��7" "t ANNUAL EVALUATION PROCESS: 1. The Chair and each Board Member is required to complete the evaluation form based on their assessment of the Executive Director in ten major areas of managerial responsibility that include a total of 32 specific performance measures. Additionally, there are Performance Goals for the fiscal year. Overall impression rating and comment fill -in areas are also included. 2. There is a Comments section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the Finance Director and provided to the CRA Board. (The detailed rating sheets of the other Board members will be provided if requested.) 4. The performance evaluation shall be reviewed at a Board meeting at which point the Board may consider an increase in the Executive Director's compensation. INSTRUCTIO Rating Scale Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an "" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory, poor, needs substantial improvement 2 = Below expectations, needs improvement 3 = Satisfactory, okay, meeting an acceptable performance level 4 = Meeting expectations, very good 5 = Exceeding expectations, excellent Page 1 of 13 EXECUTIVE DIRECTOR'S TEN MAJOR AREAS OF RESPONSIBILITY: 1. Organizational Managemen 1. Leadership: Does the Executive Director motivate others to maximum performance? Is the Executive Director respected as demanding but fair? Is the Executive Director providing the necessary assistance to the Board and leadership to the CRA's staff? Does the Executive Director get enthusiastic response to his/her new ideas and needed organizational changes? + + + + + 1.0 2.0 3.0 .0 500 Unsatisfactory Below Satisfactory Meets Ex s Expectations Expectations Expectations � COMMENTS- 2. S ,sl : o �Ch uti D r quately supervise and direct the activities of the CRA staff`? In your opinion is the Executive Director able to control the operational activities of the CRA through others? + 1.0 2.0 3,0 4.0 5. 0 Unsatisfactory Below Satisfactory Meets Exc Expectations Expectations Expectations --j F) K� RV 1 3. Job Organization: Does the Executive Director delegate responsibility effectively? Does the Executive Director use his /her time productively? Does the Executive Director program activities in an orderly and systematic way? + + + + 1a0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: ter Page 2 of 13 4. Staff Development: Does the Executive Director appoint and train effective subordinates? Is the Executive Director able to recruit and retain quality employees? Is the Executive Director committed to having CRA staff operate well as a team? Does he /she effectively develop Department Heads and staff people? 1.0 10 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets �Ex s Expectations Expectations Expectations COMMENTS: F iscal/Business e 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Executive Director reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well- planned, realistic and accurate financial plan? Does the Executive Director carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Ex s Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Executive Director prepare comprehensive, relevant and complete agenda topics and reports for the CRA Board? + + + + i. 0 2.0 10 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS.- Page 3 of 13 7. Financial Reporting: Does the Executive Director provide periodic financial reports in a well - designed, informative and understandable format? 1.0 .0 3.0 .. .0 Unsatisfactory Below Satisfactory Meets Ex s Expectations Expectations Expectations C E1S: 8. Managing Multiple Priorities: Is the Executive Director capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the CRA? 1.0 2.0 10 - 4.0 ----- (! 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Executive Director be depended on for sustained productive work? Does the Executive Director readily assume responsibility? Does the Executive Director meet time estimates within his/her control? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory is Exceeds Expectations Expectations Expectations COMMENTS: Page 4 of 13 Ill. Program Development 10. Execution of Policy: Does the Executive Director understand and comply with the overall policies, laws and philosophy of the CRA? Do his/her efforts lead towards successful accomplishment of goals? Does the Executive Director measure results against goals and take corrective action? + + + + + 1,0 2.0 3.0 4.0 5.O Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS: Expectations Expectations Expectations 11. Program Development: Does the Executive Director translate polices and objectives into specific and effective programs? Does the Executive Director independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? t 1.0 2.0 3.0 4.0 5. 0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 12. Imagination - Initiative: Does the Executive Director show originality in approaching problems? Does the Executive Director create effective solutions? Is the Executive Director able to visualize the implications of various alternatives? 1.0 2.0 3.0 0 5.0 Unsatisfactory Below Satisfactory ets Exceeds Expectations Expectations Expectations COMMENTS: Page 5 of 13 IV. Communication 13. Communication: Does the Executive Director keep appropriate people informed? Does the Executive Director present his /her thoughts in an orderly and understandable manner? Is the Executive Director able to be persuasive? + 4- + + i .0 2.0 4-.0 5. Unsatisfactory Below 73.0 atisfactory Meets Excels Expectations Expectations Expectations C OMAIENTS: 14. Reporting: Does the Executive Director submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the CRA activities? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS- 15. Board Communication: Does the Executive Director provide the CRA Board with adequate information to make decisions? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Ex Expectations Expectations Expectations NTS: Page 6 of 13 16. Written Communication: How effective are the Executive Director's letters, memoranda and other forms of written information? + + + g +. 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets Geed COMMENTS: Expectations Expectations Expectations V. Relationship 17. Response to Board: Does the Executive Director respond in a positive way to suggestions and guidance from the Board? Is the Executive Director attuned to the Commissions' attitudes, feelings and needs? + + + + 1.0 2.0 3.0 4.0 ,0 Unsatisfactory Below Satisfactory Meets Ex`s s Expectations Expectations Expectations C ENTS: Vt. Long Range Planning 18. Strategic Planning: Does the Executive Director help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the CRA? S, + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory ets Exceeds Expectations Expectations Expectations COMMENTS: Page 7 of 13 19. Economic Development: Does the Executive Director demonstrate leadership and vision in promoting the economic development of the CRA while maintaining concerns for "quality of life" issues? 1.0 ? PJ 3.0 4.0 txs Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations COMMENTS. 20. Multi -Year Approach: Is the Executive Director helping the Board to address the CRA's future through multi -year planning? 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets E °eeds Expectations Expectations Expectations COMMENTS: V11. Relationship with is s 21. Media Relations: Is the Executive Director skillful in his dealings with the news media? Does the Executive Director properly convey the policies and programs of the CRA? 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets EQ e rs Expectations Expectations Expectations COMMENTS: Page 8 of 13 22. Community Reputation: What is the general attitude of the community to the Executive Director? Is the Executive Director regarded as a person of high integrity and ability? Is her public credibility an asset or liability to the CRA? e + + t ,66cds � 1.0 2.0 3.0 400 Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations ...: V111. Intergovernmental Relat 23. Intergovernmental Relations: Does the Executive Director work effectively with the City, County, and other local government representatives? Is the relationship with other local government officials beneficial to the CRA? Is the Executive Director able to facilitate cooperation among various local agencies and the CRA? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets E eds Expectations Expectations Expectations COMMENTS: Prof e s sional/Personal e 24. Objectivity: Is the Executive Director unemotional and unbiased? Does the Executive Director take a rational and impersonal viewpoint based on facts and best practices? Is the Executive Director able to divide his/her personal feelings from those which would most effectively convey the CRA's interest? + 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets Ex - Expectations Expectations Expectations COMMENTY Page 9 of 13 25. Professional Reputation: How does the Executive Director stand among his/her colleagues? is the Executive Director respected by professional and staff representatives of other cities and counties? Does the Executive Director attend and participate in seminars and conferences for professional development? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets E Expectations Expectations Expectations COMMENTS: 26. Stress Management: Is the Executive Director able to resolve problems under strain and unpleasant conditions? How well does the Executive Director tolerate conditions of uncertainty? Does the Executive Director respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 2.0 3.0 4.0 7.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations V� - A- COMMENTS: 7 y ,— i 27. Leadership Style: Does the Executive Director display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + 1.0 10 3.0 4. Unsatisfactory Below Satisfactory Meets Ex zY Expectations Expectations Expectations COMMENTS: Page 10 of 13 28. General Attitude: Is the Executive Director enthusiastic? Cooperative? Willing to adapt? Does the Executive Director have an enthusiastic attitude toward the CRA and City, both professionally and personally? + + r 1 + 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets ceeds Expectations Expectations I xpece` ` s COMMENTS: 29. Drive: Is the Executive Director energetic and willing to spend the time necessary to do a good job? Does the Executive Director have good initiative and is the Director a self - starter? Does the Executive Director have good mental and physical stamina? 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets s Expectations Expectations Expectations COMMENTS: 30. Judgment and Decisiveness: Is the Executive Director able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the Executive Director exercise good judgment in making decisions and in his/her general conduct? 1.0 2.0 3.0 4.0 .0 Unsatisfactory Below Satisfactory Meets E e Expectations Expectations Expectations COMMENTS: Page 11 of 13 31. Integrity Does the Executive Director properly avoid politics and partisanship? Is the Executive Director honest and forthright in his/her professional capacities? Does the Executive Director have a reputation in the community for honesty and integrity? + + + + 1.0 2.0 3.0 4.0 5.0' Unsatisfactory Below Satisfactory Meets Exc Expectations Expectations Expectations COMMENTS: 32. Self- Assurance: Is the Executive Director self - assured of his /her abilities? Is the Director able to be honest with herself and take constructive criticism? Does the Director take responsibility for mistakes which are hers? Is the Director confident enough to make decisions and take actions as may be required without undue supervision from the Board? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Ex s Expectations Expectations Expectations COMMENTS: OVERALL PERFORMANCE IMPRESSION: 1.0 2.0 3.0 4.0 1 50-0 Unsatisfactory Below Satisfactory Meets Ex Expectations Expectations Expectations COMMENTS: Page 12 of 13 Strengths: Based upon your overall evaluation of the Executive Director, what areas would you list as her/his strong.points as a manager? S ` CYA O c CVY luas� Improvements suggested: Based upon your evaluation, what areas would you suggest the Executive Director work on to improve his skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for praise /commendation Signature of ater Date Page 13 of 13 BoYNTON"' CRA BOARD MEETING OF: September 9, 2014 I Consent Agenda I I Old Business IX I New uNiness I I Public Hearing Other SUBJECT: Consideration of Approval of Changes to FY 2014 -2015 Commercial Rent Reimbursement Program Rules & Requirements and Application. SUMMARY: CRA Staff has recognized that there is a need to provide restaurants with more incentive money than other types of businesses. Due to the costs involved in the interior build out of a restaurant, Staff is proposing that the following Tiers be changed as follows: TIERS OLD — IFY 2013-2014 I 2014-2015 TIER ONE BUSINESS TIER ONE BUSINESS !RESTAURANTS ONLY! Business Types: Restaurant, Gourmet Food Market, Bakery, Business Types: Only full service restaurants with a minimum Clothing Boutique, Home Decor /Design, Specialty Businesses - total seating capacity of 50 are eligible. The restaurant must have Stationery, art, gifts, sporting goods, personal care - pilateslyoga hours conducive for the development of the downtown. Two full studios, fitness centers and salons time employees are required in order to receive the maximum amount of the grant. Funding: Maximum amount $7,200 annually, if fully matched by Funding: Maximum amount $12,000 annually, if fully matched by applicant. applicant. TIER TWO BUSINESSES TIER TWO BUSINESS Business Types: Restaurants with total seating capacity under Business Types: Any business not referred to in Tier One. 50, Gourmet Food Market, Bakery, Bed and Breakfast, Clothing Boutique - clothing, shoes & accessories, Home NcorlDesign - home furnishings, art galleries, kitchen wares, Specialty Businesses - stationery, gifts, sporting goods, personal care - Pilateslyoga studios, fitness centers and salons Funding: Maximum amount of $6,000 annually, if fully matched Funding: Maximum amount of $7,200 annually, if fully matched by applicant. by applicant. NO TIER THREE BUSINESS TIER THREE BUSINESSES Business Types: Any other eligible business not listed in Tier One or Tier Two listed above. Funding: Maximum amount of $6,000 annually, if fully matched by applicant BOYN s�� 41+xr t wasm-BE �,CRA In keeping with the times, CRA Staff added Vapor Cigarette, Electronic Cigarette, E Cigarette Stores; Kava Tea Bars and Pawn Shops to the ineligible business list of: • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits Tattoo Shops /Body Piercing /Body Art Shops + Financial Services (banking & check cashing stores) Take -Out Foods • Adult Entertainment + Liquor Stores FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan and Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONSIOPTIONS: Approve changes to FY 2014 -2015 Commercial Interior Build -Out Assistance Program Rules & Requirements and Application. v C li`vian`B s Executive Director BOYNTON R mauBEACKCRA October 1, 2014 — September 30, 2015 Boynton e c unity Redevelopment Agency Commercial Rent Reimbursement Program les and Requirements SUBMISSION F AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. The Commercial Rent Reimbursement Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA ") district. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation in order to effectively promote new businesses within the CRA thereby remedying and preventing conditions which lead to slum and blight. I. Program The Commercial Rent Reimbursement Program offers financial assistance in the form of quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. The Commercial Rent Reimbursement Program funding may be budgeted annually by the CRA Board and awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. I. Eligibility it Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: . Employ a minimum of two (2) full time employees. For the purposes of this grant, a full time a uivalent employee is defined as working a minimum of thirty-five 35 hours per week at the prevailing Federal minimum wage. Initials Page 1 of 11 714 N. Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 www.c . Must be located within the CRA District (see attached map). I Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies. (Copies of City & County licenses or receipts that the licenses have been applied for.) 4. A new business is defined as a company in operation for less than six months or relocating to Boynton Beach. 5. An existing business is defined as being in operation for a minimum of three years at the time of application. 6. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 7. The Applicant's Experian consumer report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the Applicant upon request. 8. Applicant must have a proposed or executed multi -year lease (two year minimum). W. Ine Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. considers The CRA i _ to be subleffing: Any business entity in which (a) grant recipient rec iplent is i it sai bus iness i pre il recipient i license from th2 City of Boynton Beach for the grant r i The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Program: • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits • Tattoo Shops /Body Piercing /Body Art Shops • Financial Services (banking & check cashing stores) • Take -Out Foods • Adult Entertainment • Liquor Stores • Vapor Cigarette, Electronic Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops Initials Page 2 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 www.catchb ton.coni . Grant Terms and Conditions This grant is divided into two tiers. Each tier consists of different types of businesses that are eligible and the amount of funding available to the business. A minimum of two full time employees is required regardless of which tier a business falls into. Tier One Business ( s r is Only) The Tier One Business is eligible for up to half of the business's monthly rent or $1,000 per month, whichever is less. (Maximum amount of the grant is $12,000.) Only full service restaurants with a minimum total seating capacity of 50 are eligible. The restaurant must have hours conducive for the development of the downtown. Tier Two Businesses Tier Two Businesses are eligible for up to half of the business's monthly rent or $600 per month, whichever is less. (Maximum amount of the grant is $7,200.) Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating capacity under 50 • Gourmet Food Market • Bakery • Bed and Breakfast • Clothing Boutique - clothing, shoes & accessories • Home D6cor /Design - home furnishings, art galleries, kitchen wares • Specialty Businesses - stationery, gifts, sporting goods, personal care - Pilates /yoga studios, fitness centers and salons Tier Three Businesses Tier Three Businesses are eligible for up to half of the business's monthly rent or $500 per month, whichever is less. (Maximum amount of the grant is $6,000.) Tier Three Businesses may consist of any other eligible business not listed in Tier One or Tier Two above. Lease r Applicant must be a tenant and have a proposed or executed multi -year lease (two year minimum). The commercial lease must define the landlord- tenant relationship and at minimum provide the following information: A description of the space being rented including square footage and a drawing of the space. Initials Page 3 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 w.catcshbo tc n.c o Description of utilities that are the tenant's responsibility. • Rental rate and deposits along with terms of lease and methodology for future rent increases. Responsible party for interior and exterior repairs and/or improvements. Insurance requirements. • Ability to terminate. • Consequences of default on the lease. Rent reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business in open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Reimbursement program may only be used one time by any one specific business entity or business owner. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not advance the goals and objectives established for the economic development of the CRA District. The receipt of past payments is not a guarantee of future payments. V. Procedures for ii Approval Application r c All applicants are strongly encouraged to meet with CIA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. A nonrefundable fee of $100.00 is required to obtain a consumer report on the business and principal /owners of the business. Make check payable to: Boynton Beach CRA 2. Completed and signed application. Initials Page 4 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchbop ton.com 3. Completed and signed Authorization to Perform Credit Check for the business and each principal /owner of the business (forms attached to the application multiple forms may be needed for principal /owners of the business). 4. W9 Form (attached to grant application). 5. Copy of City and County business licenses. 6. Resume for each principal /owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed or proposed multi -year commercial lease agreement. 9. Two (2) years of corporate tax returns (for existing businesses only). 10. Two (2) years of personal tax returns for the principals /owners of a new business. 11. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA Staff will notify the applicant of approval or denial in writing. Proposed leases must be executed within thirty 30 days of CRA Board approval or the rant award is terminated. VI. Procedures for Reimbursement Quarterly Rent Reimbursement Payments Rent reimbursement payments will be provided to the grant recipient on a quarterly basis beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of twelve (12) consecutive monthly rent payments will be reimbursed to the approved applicant. By accepting the grant, the applicant agrees to comply with the quarterly reporting requirement of providing the CRA with proof of employee wage reporting for four (4) consecutive quarters. Each report shall be made within ten (10) days of the start of the next applicable quarter beginning on January 1, April 1, July 1 „ and October 1 following the Initial Reimbursement Request. Initials Page 5 of 11 710 N. Federat Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.caatchbg31Ag n= In order to receive quarterly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement 2. Proof of rent payment (i.e., copies of the front & back of cancelled rent checks for that quarter's reimbursement or proof of direct deposit). 3. For W -2 eligible employees, Florida Department of Revenue Employers Quarterly Report (RT -6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, S- corporations and 1099 -MISC eligible employees; copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. If applicant does not submit its quarterly reimbursement request with a copy of its quarterly -6 form within thirty () days following the end of the quarter in which applicant is requesting reimbursement, applicant forfeits that u rter's reimbursement. Site Visits CRA staff will conduct a site visit before reimbursement payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION I TI IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Initials Page 6of11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchbo BOYNTON"'I m _._ - K October 1, 2014 — September 30, 2015 Boynton nit Redevelopment Agency Commercial t Reimbursement Program li i (Please Tye or Print Only — Use Additional Sheets if c ssa ) BUSINESS INFORMATION: Business Name (IBIA if applicable): Current Business Address: Fed I Phone: Fax: Website: Existing Business: Yes No Number of years in existence:, New Business to Boynton Beach: Yes No Time at Current Location: Do you have an executed lease agreement: Yes No mmmm If so, monthly rent: New Business Address (must be within CRA District): Square footage of existing location Square footage of new location Type of Business: Number of Employees: Hours of ration: Initials Page 7 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 www.catchboyp,ton.com PRINCIPAL/OWNER INFORMATION: (If more than 4 princip Is/owners additional sheets may used.) 1. Principal/Owner Name. Date of Birth: Current Address: Email: Phone #: 2. Principal/Owner Name: Date of Birth: Current Address: Email: Phone #: 3. Principal/Owner Name: Date of Birth: Current Address: Email: Phone #: 4. Principal/Owner Name: Date of Birth: Current Address: Email: Phone#: LANDLORD INFORMATION: Landlord Name. Landlord's MaiHng Address: Landlord Phone #: Are you applying for grant assistance under any other program offered by the CRA (Tier One Businesses only): Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any additional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: 1, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under Initials Page 8 of 11 71 N. Federal Highway Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 u,ww.catchboynton.com the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue rent reimbursement payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE F FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Principal/Owner's Signature Date Printed Title Principal/Owner's i tur to Printed Name Title Principal/Owner's. Signature Date Printed e Title Principal/Owner's i t Date Printed it Page 9 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www,ca Notary as to Principal /Owner's Signatures. Multiple notary pages may be used if signing individually. STATE OF COUNTY O BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is /are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 4, 20 PUBLIC NOTARY My Commission Expires: Page 10 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 w ww.catclAiboypLt .com SUBMISSION OF AN APPLICATION IS It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Landlord's Signature Date Printed i Landlord's i atur Date Printed e Title STATE OF COUNTY OF ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is /are personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , NOTARY PUBLIC My Commission Expires: Page 11 of 11 710 N. Federal Highway Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 www.c tchb23mL( n.com 710 N Fede Hi ghway Boynton BOYN N Ph 561-737-3256 . B each, FL 33435 Fax: 561-737-3258 Ram B E H �CRA www.catchboynton.com Authorization to Perform Credit Check The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ( "CRA ") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the CRA, including independent contractors and credit agencies retained by the CRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the CRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives any and all claims, past present or future, which the applicant may have against the CRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein given to the CRA. An authorization to Perform Credit Check needs to be completed by each Principal /Owner and by the Business. For PrincIRAYQwne Please use a separate form for each principal /owner Principal /Owner Name: Date of Birth: Current Home Address P revious Home Address: Email: Phone : Signature: Date: 710 N Federal Highway ;` Boynton Beach, FL 33435 BOYNTON Ph: 561 -737 -3256 Fax: 561 - 737 -3258 mgmBEACH ("CRA w w,..ca chboy n,c Authorization to Perform Credit Check The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ( "CRA ") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the CRA, including independent contractors and credit agencies retained by the CRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the CRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives any and all claims, past present or future, which the applicant may have against the CRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein given to the CRA. An authorization to Perform Credit Check needs to be completed by each Principal /Owner and by the Business. For Bus iness: Business Name (DIBIA if pplica ): Current Business Address: Federal Tax ID# — State of Incorporation: Phone #I: Fa x#: S ignature: Date: Title: Form W=9 Request for Taxpayer Give Form to the (Rev, December 201 requester. Do not Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service Name (as shown on your income tax return) C� Business name/disregarded entity name, if different from above C Check appropriate box for federal tax classification: 0 0 Indivicluallsole proprietor El C Corporation El S Corporation El Partnership E) Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) 111- El Exempt payee CL Other (see instructions) 0 Address (number, street, and apt. or suite noJ Requester's name and address (optional) CL d) City, state, and ZIP code List accDunt number(s) here (optional) H��Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security nuiWb to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a F T resident alien, We proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a LU 77N on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose [ identiFeation number number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or |amwaiting for a number mbe issued to me), and 2.| from have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and o.|amuo.S. citizen m other u.u. person (defined holov). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject tv backup withholding because you have failed m report ao interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mort interest paid, acquisition or abandonment of secured proper cancellation of debt, contributions to an individual retirement arrangement (IR and gen instructions on page 4. Sign Signature of Here I U.S. person 1 Date 1 General Instructions Note. nu requester gives you a form other than Form w'nturequest o��ion,mv,onnexu,ommom��ma|nave»uo�o�uvn|�^no^xon°ioe your TIN, you must use the �que�;r'rform nitiumuu�animUvsimilar to this Form vv'V. noted. Def o'eu.a. person. For federal tax purposes, you are Purpose of Form considered au.o. person if you are. a person who iu required ou file ao information return with the IRS must °^= individual who ioaU.8. citizen orU.S. resident alien, obtain your correct taxpayer identification number (nm)m report, for °A partnership, corporation, nmvaoy o, association created m example, income paid to you, real estate transactions, mortgage interest organized in the United States o, under the laws m the United States, you paid, acquisition v, abandonment m secured property, cancellation °*n*otmo(mxn,manafoeign�xm�) or of debt, contributions � onxynumuuo�omn|� ' °A domestic t Use Form w-n only |f you a�aU.S.pemon(inmumnoan,xiuem m»� ��uonneuionvou|aoonvvo�ionon�Jro1��� a|ien) your correct TIN «, the person requesting u(the Special rules for partnerships. Partnerships that conduct a trade o, requester) and, when applicable, to: business in the United States are generally required mpeymwnmno|uing 1 or�nymammeTIN you are oivmoieoo,�ct�r you a�wauinofor » �o»»nmnvmm�»Pa�nnm'omamo�inrvmo�mmouoxu��n=v»� Further, iuovxuinoas=vwhm�upn,mw+nhaunv�hnnn,enoivou u number tnbo|onum � ' ' pa�ne,ohipw requ to presume that a partner isu foreign person, e. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, if you are au.S. person that ioa 3 Claim i from backup partner mm partnership nvngununoatmu business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W-9 (Rev, 12-201 Form W -9 (Rev. 12 -2011) Page The person who gives Form W -9 to the partnership for purposes of Certain payees and payments are exempt from backup withholding. establishing its U.S. status and avoiding withholding on its allocable See the instructions below and the separate Instructions for the share of net income from the partnership conducting a trade or business Requester of Form W -9. in the United States is in the following cases: Also see Special rules for partnerships on page 1. • The U.S. owner of a disregarded entity and not the entity, Updating rr i •The U.S. grantor or other owner of a grantor trust and not the trust, and You must provide updated information to any person to whom you • The U.S. trust (other than a grantor trust) and not the beneficiaries of claimed to be an exempt payee if you are no longer an exempt payee the trust. and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if Foreign person. If you are a foreign person, do not use Form W -9. you are a C corporation that elects to be an S corporation, or if you no Instead, use the appropriate Form W -8 (see Publication 515, longer are tax exempt. In addition, you must furnish a new Form W -9 if Withholding of Tax on Nonresident Aliens and Foreign Entities). the name or TIN changes for the account, for example, if the grantor of a Nonresident alien who becomes a resident alien. Generally, only a grantor trust dies. nonresident alien individual may use the terms of a tax treaty to reduce Penalties or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions Failure to furnish TIN. If you fail to furnish your correct TIN to a specified in the saving clause may permit an exemption from tax to requester, you are subject to a penalty of $50 for each such failure continue for certain types of income even after the payee has otherwise unless your failure is due to reasonable cause and not to willful neglect. become a U.S. resident alien for tax purposes. Civil penalty for false information with respect to withholding. If you If you are a U.S. resident alien who is relying on an exception make a false statement with no reasonable basis that results in no contained in the saving clause of a tax treaty to claim an exemption backup withholding, you are subject to a $500 penalty. from U.S. tax on certain types of income, you must attach a statement l i imna to Form W -9 that specifies the following five items: Cr penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties 1. The treaty country. Generally, this must be the same treaty under including fines and/or imprisonment. which you claimed exemption from tax as a nonresident alien. Misuse of TINS. If the requester discloses or uses TINS in violation of 2. The treaty article addressing the income. federal law, the requester may be subject to civil and criminal penalties. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Specific Instructions 4. The type and amount of income that qualifies for the exemption from tax. Name 5. Sufficient facts to justify the exemption from tax under the terms of If you are an individual, you must generally enter the name shown on the treaty article. your income tax return. However, if you have changed your last name, Example- Article 20 of the U.S. -China income tax trea #y allows an for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name exemption from tax for scholarship income received re a Chinese student temporarily present in the United States. Under U.S. law, this shown on your social security card, and your new last name, student will become a resident alien for tax purposes if his or her stay in If the account is in joint names, list first, and then circle, the name of the United States exceeds 5 calendar years. However, paragraph 2 of the person or entity whose number you entered in Part I of the form. the first Protocol to the U.S. -China treaty (dated April 30, 1984) allows Sole proprietor. Enter your individual name as shown on your income the provisions of Article 20 to continue to apply even after the Chinese tax return on the "Name" line. You may enter your business, trade, or student becomes a resident alien of the United States. A Chinese "doing business as (DBA)" name on the "Business name /disregarded student who qualifies for this exception (under paragraph 2 of the first entity name" line. protocol) and is relying on this exception to claim an exemption from tax partnership, C Corporation, or S Corporation. Enter the entity's name on his or her scholarship or fellowship income would attach to Form on the "Name" line and any business, trade, or "doing business as W -9 a statement that includes the information described above to (DBA) name" on the "Business name /disregarded entity name" line. support that exemption. Disregarded entity. Enter the owner's name on the "Name" line. The If you are a nonresident alien or a foreign entity not subject to backup name of the entity entered on the "Name" line should never be a withholding, give the requester the appropriate completed Form W -8. disregarded entity. The name on the "Name" line must be the name What is backup withholding? Persons making certain payments to you shown on the income tax return on which the income will be reported, must under certain conditions withhold and pay to the IRS a percentage For example, if a foreign LLC that is treated as a disregarded entity for of such payments. This is called "backup withholding." Payments that U.S. federal tax purposes has a domestic owner, the domestic owner's may be subject to backup withholding include interest, tax - exempt name is required to be provided on the "Name" line. If the direct owner interest, dividends, broker and barter exchange transactions, rents, of the entity is also a disregarded entity, enter the first owner that is not royalties, nonemployee pay, and certain payments from fishing boat disregarded for federal tax purposes. Enter the disregarded entity's operators. Real estate transactions are not subject to backup name on the "Business name /disregarded entity name" line. If the owner withholding. of the disregarded entity is a foreign person, you must complete an You will not be subject to backup withholding on payments you appropriate Form W -8. receive if you give the requester your correct TIN, make the proper Note. Check the appropriate box for the federal tax classification of the certifications, and report all your taxable interest and dividends on your person whose name is entered on the "Name" line (Individual /sole tax return. proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Payments you receive will be subject to backup Limited Liability Company (LLC). If the person identified on the withholding is "Name" line is an LLC, check the "Limited liability company" box only 1. You do not furnish your TIN to the requester, and enter the appropriate code for the tax classification in the space provided. if you are an LLC that is treated as a partnership for federal 2. You do not certify your TIN when required (see the Part II tax purposes, enter "P" for partnership. If you are an LLC that has filed a instructions on page 3 for details), Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for 3. The IRS tells the requester that you furnished an incorrect TIN, C corporation or "S" for S corporation. If you are an LLC that is 4. The IRS tells you that you are subject to backup withholding disregarded as an entity separate from its owner under Regulation because you did not report all your interest and dividends on your tax section 301.7701 -3 (except for employment and excise tax), do not return (for reportable interest and dividends only), or check the LLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for 5. You do not certify to the requester that you are not subject to federal tax purposes. If the LLC is disregarded as an entity separate backup withholding under 4 above (for reportable interest and dividend from its owner, enter the appropriate tax classification of the owner accounts opened after 1983 only). identified on the "Name" line. Form W -9 (Rev. 12 -2011) Page Other entities. Enter your business name as shown on required federal Part 1. Taxpayer Identification Number ) tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You Enter your TIN in the appropriate box. If you are a resident alien and may enter any business, trade, or DBA name on the "Business name/ you do not have and are not eligible to get an SSN, your TIN is your IRS disregarded entity name" line. individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see Now to get a TIN Exempt Payee below. If you are exempt from backup withholding, enter your name as If you are a sole proprietor and you have an EIN, you may enter either described above and check the appropriate box for your status, then your SSN or EIN. However, the IRS prefers that you use your SSN. check the "Exempt payee" box in the line following the "Business name/ If you are a single- member LLC that is disregarded as an entity disregarded entity name," sign and date the form. separate from its owner (see Limited Liability Company (LLC) on page 2), Generally, individuals (including sole proprietors) are not exempt from enter the owner's SSN (or EIN, if the owner has one). Do not enter the backup withholding. Corporations are exempt from backup withholding disregarded entity's EIN. If the LLC is classified as a corporation or for certain payments, such as interest and dividends, partnership, enter the entity's EIN. Note. If you are exempt from backup withholding, you should still Note. See the chart on page 4 for further clarification of name and TIN complete this form to avoid possible erroneous backup withholding, combinations. The following payees are exempt from backup withholding: How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security 1. An organization exempt from tax under section 501(a), any IRA, or a Card, from your local Social Security Administration office or get this custodial account under section 403(b)(7) if the account satisfies the form online at www.ssa.gov. You may also get this form by calling requirements of section 401(f)(2), 1- 800 - 772 -1213, Use Form W -7, Application for IRS Individual Taxpayer 2. The United States or any of its agencies or instrumentalities, Identification Number, to apply for an ITIN, or Form SS -4, Application for 3. A state, the District of Columbia, a possession of the United States, Employer Identification Number, to apply for an EIN. You can apply for or any of their political subdivisions or instrumentalities, an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a 4. Aforeign government or any of its political subdivisions, agencies, Business. You can get Forms W -7 and SS -4 from the IRS by visiting or instrumentalities, or IRS.gov or by calling 1 -800- TAX -FORM (1- 800 -829- 3676). 5. An international organization or any of its agencies or If you are asked to complete Form W -9 but do not have a TIN, write instrumentalities. "Applied For" in the space for the TIN, sign and date the form, and give Other payees that may be exempt from backup withholding include: it to the requester. For interest and dividend payments, and certain 6. A corporation, payments made with respect to readily tradable instruments, generally 7. A foreign central bank of issue, you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does 8 A dealer in securities or commodities required to register in the not apply to other types of payments. You will be subject to backup United States, the District of Columbia, or a possession of the United withholding on all such payments until you provide your TIN to the States, requester. 9. A futures commission merchant registered with the Commodity Note, Entering "Applied For" means that you have already applied for a Futures Trading Commission, TIN or that you intend to apply for one soon. 10. A real estate investment trust, Caution: A disregarded domestic entity that has a foreign owner must 11. An entity registered at all times during the tax year under the use the appropriate Form W -8. Investment Company Act of 1940, IL Certification 12. A common trust fund operated by a bank under section 584(a), To establish to the withholding agent that you are a U.S. person, or 13. A financial institution, resident alien, sign Form W -9. You may be requested to sign by the 14. A middleman known in the investment community as a nominee or withholding agent even if item 1, below, and items 4 and 5 on page 4 custodian, or indicate otherwise. 15. A trust exempt from tax under section 6644 or described in section For a joint account, only the person whose TIN is shown in Part 1 4947. should sign (when required). In the case of a disregarded entity, the The following chart shows types of payments that may be exempt person identified on the "Name" line must sign. Exempt payees, see from backup withholding. The chart applies to the exempt payees listed Exempt Payee on page 3. above, 1 through 15. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and items 4 and 5 on page 4. IF the payment is for ... THEN the payment is exempt 1. Interest, dividend, and barter exchange accounts opened for ... before 1984 and broker accounts considered active during 1983. Interest and dividend payments All exempt payees except You must give your correct TIN, but you do not have to sign the for 9 certification. 2. interest, dividend, broker, and barter exchange accounts Broker transactions Exempt payees 1 through 5 and 7 opened after 1983 and broker accounts considered inactive during through 13. Also, C corporations. 1983. You must sign the certification or backup withholding will apply. If Barter exchange transactions and Exempt payees 1 through 5 you are subject to backup withholding and you are merely providing patronage dividends your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Payments over $600 required to be Generally, exempt payees 3. Real estate transactions. You must sign the certification, You may reported and direct sales over 1 through 7 ` cross out item 2 of the certification. $5,000' 'See Form 1099 -MISC, Miscellaneous Income, and its instructions. However, the following payments made to a corporation and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. For W -9 ( Rev. 12- 2 411) Page 4. Other payments. You must give your correct TIN, but you do not Note. if no name is circled when more than one name is listed, the have to sign the certification unless you have been notified that you number will be considered to be that of the first name listed. have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for Secure Your Tax Records from Identity he rents, royalties, goods (other than bills for merchandise), medical and Identity theft occurs when someone uses your personal information health care services (including payments to corporations), payments to such as your name, social security number (SSN), or other identifying a nonemployee for services, payments to certain fishing boat crew information, without your permission, to commit fraud or other crimes. members and fishermen, and gross proceeds paid to attorneys An identity thief may use your SSN to get a job or may file a tax return (including payments to corporations). using your SSN to receive a refund. 5. Mortgage interest paid by you, acquisition or abandonment of To reduce your risk: secured property, cancellation of debt, qualified tuition program . protect your SSN, payments (under section 529), IRA, Coverdeil ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You • Ensure your employer is protecting your SSN, and must give your correct TIN, but you do not have to sign the certification. a Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a What Name and Number To Give the Requester notice from the IRS, respond right away to the name and phone number For this type of account: Give name and SSN of: printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you 1. Individual The individual think you are at risk due to a lost or stolen purse or wallet, questionable 2. Two or more individuals Qoint The actual owner of the account or, credit card activity or credit report, contact the IRS Identity Theft Hotline account) if combined funds, the first at 1- 800 - 908 -4490 or submit Form 14039. individual on the account' 3. Custodian account of a minor The minor' For more information, see Publication 4535, Identity Theft Prevention (Uniform Gift to Minors Act) and Victim Assistance. 4. a. The usual revocable savings The grantor - trustee' Victims of identity theft who are experiencing economic harm or a trust (grantor is also trustee) system problem, or are seeking help in resolving tax problems that have b. So- called trust account that is The actual owner' not been resolved through normal channels, may be eligible for not a legal or valid trust under Taxpayer Advocate Service (TAS) assistance. You can reach TAS by state law calling the TAS toll -free case intake line at 1- 877 - 777 -4778 or TTY/TDD 5. Sole proprietorship or disregarded The owner' 1- 800 - 829 -4059. entity owned by an individual 6. Grantor trust filing under Optional The grantor` Protect yourself from suspicious emails or phishing schemes. Form 1099 Filing Method 1 (see Phishing is the creation and use of email and websites designed to Regulation section 1.671- 4(b)(2)(i)(A)) mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established For this type of account. Give name and EIN of: legitimate enterprise in an attempt to scam the user into surrendering 7. Disregarded entity not owned by an The owner private information that will be used for identity theft. individual 8. A valid trust, estate, or pension trust Legal entity ° The IRS does not initiate contacts with taxpayers via emails. Also, the 9. Corporation or Li electing The corporation IRS does not request personal detailed information through email or ask corporate status on Form 8832 or taxpayers for the PIN numbers, passwords, or similar secret access Form 2553 information for their credit card, bank, or other financial accounts. 10. Association, club, religious, The organization If you receive an unsolicited email claiming to be from the IRS, charitable, educational, or other forward this message to phishing@irs.gov. You may also report misuse tax - exempt organization of the IRS name, logo, or other IRS property to the Treasury Inspector 11. Partnership or multi- member LLC The partnership General for Tax Administration at 1 -800- 366 -4484. You can forward 12. A broker or registered nominee The broker or nominee suspicious emails to the Federal Trade Commission at: spam @uce.gov 13. Account with the Department of The public entity or contact them at www.ffc.gov /idtheft or 1- 877 - IDTHEFT Agriculture in the name of a public (1- 877 - 438 - 4338). entity (such as a state or local Visit IRS.gov to learn more about identity theft and how to reduce government, school district, or your risk. prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671- 4(b)(2)(1)(13)) ' List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. a You must show your individual name and you may also enter your business or "DRA" name on the "Business name /disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity Itself is not designated in the account title.) Also see Special roles for partnerships on page 1. 'Note. Grantor also must provide a Form W -9 to trustee of trust. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal jaw enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. r ' r i r -tu R. 01 /13 Rule 730. 10.037 Florida Admirtistrative Code DEPARTMENT OF REVENUE Registration - If you do not have an reemployment tax account number, you are required tine 4 - Enter the TAXABLE WAGES paid this quarter (Line 2 minus Line 3), which should to register to report and pay tax in Florida before filing the Emplcyers Quarterly Report equal the total of all Line 13b entries. (RT 6). To register online, go to our Internet site at www.myflorida.com/dor. Line 5 - Enter tax due. Multiply Line 4 by tax rate. Filing Reports - Every employer who is liable for filing quarterly under the Florida Line 6 - If this report is past due, compute penalty of $25 for each month, or fraction of a reemployment assistance program law, must complete and file the Employer's Quarterly month, that the report is delinquent (see Due Dates). Report (RT -6, formerly UCT -6). The report should cover only employment for the employer during a single calendar quarter. Line 7 - If tax due from Line 5 is not paid by the end of the month following the report If wages are paid but NO TAX IS DUE, an Employer's Quarterly Report (RT -6) still must be quarter, compute interest of 1 percent (.01) per month, to be prorated daily, from the due date until the taxis paid. completed and Filed timely, No Employment -A registered employer who had no employees or paid no wages Line 8 - (Applies to 201 D through 2014). Enter $5 if you file and pay on time and choose to pay your quarterly tax due in installments. This $5 fee is payable onty with the first during the quarter must still complete, sign, and return the Employer's Quarterly Report installment; one time per calendar year. You do not owe this fee if you are paying iDD% {RT 6, formerly UCT 6). If you need to cancel your registration, contact us. of the Total Amount Due (Line 9a) now, Electronic Filing and Paying -The Department of Revenue offers the convenience of Line 9a - Enter the sum of Lines 5, 6, 7, and 8. If the total is less than $1, send the report using our free and secure Internet site to file and pay reemployment tax. To enroll, or get with no payment. more information, go to the Internet site at www.myflodda.com/dor. After you complete your electronic enrollment we will send you a User ID, PIN/Password, and instructions Line 9b - Enter the total due from Line 9a on Line 9b unless you choose to make based on the filing /payment method you choose. Once you are set up to file /pay installment payments (2010 through 2014). If you choose installments, enter the electronically, you will not receive paper reports from the Department. Please do not mail installment amount due for this quarterly report only on Line 9b. Note that Line 9b, a paper report if you file electronically. Amount Enclosed, appears on both the report and the payment coupon. The chart below Due pates -The original report must be filed and the tax due paid, if applicable, no later shows how to compute your installment payment. than the last day of the month following the end of the quarter (Penalty After Date): April Quarter Ending Installment Amount On Tax Due (Line 5) Installment Due Date(s) 30, July 31, October 31, and January 31, If you are paying by EFT or Internet, you 03131 114 of Tax Due 04130, 07/31,10131,12/31 must initiate the payment by 5:00 p.m„ ET, on the business day prior to the due date for 06130 113 of Tax Due 07131,10131,12131 your payment to be considered timely. Reports must be electronically date stamped (submission or transmission date) on or before the "Penalty After Date" of any given ®91x0 112 of Tax Due 10f31,12f31 quarter. Keep the confirmation/trace number or acknowledgement in your records. Installment payments for quarters other than this quarter must be made on an Employer's Employer Changes /Adjustments - DO NOT make adjustments for prior quarters on the Reemployment Tax Installment Coupon (RT- 61NST, formerly UCT 6INST). current quarter's report. Adjustments to prior quarters must be done by completing a Line 10 - Enter each emptoyee' social security number (NINE digits - Do not suppress Correction to Employer's Quarterly or Annual Domestic Report (RT 8A, formerly UCT -8A). the leading zeros). Every employee, regardless of age, is required to have a sociaf security Addresses may be changed online at www.myflodda.com /dor or by downloading and number. If the employee's valid social security number is not included, no credit will be completing an EmployerAccount Change Form (RTS -3, formerly UCS -3), given for previously reported taxable wages, and the first (up to) $8,000 of wages on this Certlication /Signature /Paid Preparer- The report must be signed by quarterly report will be taxed at your tax rate. (1) the individual owner, (2) the corporate president, treasurer, or other principal officer, Line 11- Enter each employee's last name, first name, and middle initial. (3) partner or member /managing member, and/or (4) a responsible and duly authorized Line 12a - Enter each employee's gross wages paid this quarter as defined in Line 2. agent of the employer. Complete the paid preparer information, if applicable. Line 12b - Enter each employee's taxable wages paid this quarter as defined in Line 4. Line 1- Enter the total number of covered full -time and part-time employees who worked Only the first $8,000 paid to each employee per calendar year is subject to the Florida during or received pay for the payroll period including the 12th of each month. reemployment tax. Line 2 - Enter the total GROSS WAGES paid (before deductions), including salaries, Line 13a - Enter total gross wages (add Lines 12a only). Total this page only. Include commissions, bonuses, vacation and sick pay, back pay awards, and the cash value this and totals from additional pages in Line 2 on page 1 of RT 6, formerly UCT -6. of all remuneration paid in any medium other than cash. Tips and gratuities are wages when included by the employer to meet minimum wage requirements and/or when the Line 13b - Enter total taxable wages (add Lines 12b only). Total this page only. Include employee receives and reports in writing to the employer $20 or more per month. Gross this and totals from additional pages in Line 4 on page 1 of RT -6, formerly UCT -6. wages should not include wage items specifically exempt per section 443.1217(2)(b) -(g), RT -6 reports filed with missing or invalid social security numbers, or illegible entries are Florida Statutes. Note that Line 2, Gross Wages, appears on both the report and the subject to an incomplete/Efroneous penalty. payment coupon. You can sign up to receive quarterly emails reminding you to file and pay your Line 3 - Enter the amount of EXCESS WAGES for this quarter. Excess wages are wages reemployment tax. Go to www.myflo6da.com/dor and select "Subscribe to our exceeding $8,000 paid to each employee in a calendar year. The following should be publications." considered when determining excess wages: (1) Wages reported to another state by Forms- Forms and additional information are available online or call 800- 352.3671 for the same employer for an employee. See Employer's Quarterly Report for Out -of -State assistance. Taxable Wages (RT -6NF, formerly UCT 6NF); (2) Wages paid by your predecessor during the calendar year, if you are the legal successor. Note: Florida law increased taxable wages from $7,000 to $8,000 beginning with the January 1 through March 31, 2012 quarter. If you are filing a report for a quarter ending before January 1, 2012, the excess wages are wages exceeding $7,000. www.myflorida.com/dor t� se blackink. . Example A -,Hand Example Florida Department of Revenue Employer's Quarterly Report _� P, .. ........... .. ........... ........................ . ........... P 71ypec! Emcikyers are required to file quarterly tax/wage reports regardless of employment activity or whether any taxes are due. ....... . ... - Xanrvk -- -, , I 19J 5,, j I "i ""JI I 1 i1 I i,� 234 �, AT-6 . . . . . .... . ............................................... ............. :: ........... U Black Ink to Corr� ete'This Fonnr� R. 01/13 QUAR7ER ENDING DUE DATE PEXALTY AFFER DATE TAX RATE FIT ACCOUNT NUMBER T I.. . . .. . .. . . .. Do not make any changes Kyou do iiiethave an o=unt number; you to the pro-printed are required to register (see insbuctilim). information an this form. FE I NUMBER If changes are needed ; ° F " ` ...... ...... request and complete an Employer A 'count ............. ............. . ...... ...... ... Account Change Form (FIT-3). FM OF USE ONLY MMWM DATE e v F,; r s e S i c!e M U S It b e C o i r�, p I e t c d I ............. ............. . ............ . . ............ I .............. I ............ . .............. 2, Gross wages paid this quarter F iH ........... . r, (Must total all pages) rsxs ............... ............... 0 ............. ............... 3. Excess wages paid this quarter . ......... J-Qm instructions) . ......... ............. ............. ........... . . ........... 4. Taxable wages paid this quarter ... ... .... (See instructions) i .............. . . . ............. I .............. . . ............. ............. A,J &e 5. Tax due (Mu" Line 4 by Tax Rate) �1_111111 11 ............. I I . . . . . . . . . . . . . .... . ......... ............. ............. . ............. . . ......... 6. Penalty due . ..... (See instWIons) 1 Eller the total number (A fLIltIme and part-time 1st Month eDvared workers who .............. ............. 1 1 . .............. 7. Interest due performed senrim during (See instructions) ............. ............. .............. ............. or received pay for the 2nd Month 8. Installment fee payroll period including the . ........ . (See instructions) 12th of the month. 3rd Month ............. ............. ............. ............. ............. ............. ga. Total amount due . . ........ I F 'A .......... . .. .. .. .. .. (See instructions) j 9b. Amoerii Enclosed Check if final return. Dale operations ceased. . ............. ............. ............... ............. ............. (See Instructions) i I I "Ll-11-11 ............. Check if you had out-of-state wages. Attach Employer's fil ing as a sole proprietor, t Quarterly Report for Out -of-Statia Taxable Wages (RT-6N F). If you are fil is t is for domestic (household) employment only? Yes . ............. No N � ----------------- 1-1-1-1-1-1-1 ----------------- Un i""", �A u��,v I � 1')_�a I row, 6 1 1 'fu and �d in o al r v �j �s , 4�'j 1 1 1 fd "no 1 4 1 �`% F1r . ,,,,, 91im . . .................................................... . . . . . . .. . . . . . . ............................................... . .. . ................ . ........................................ . F Title Sign here .. .. ......... 4 ... .... . .......... .. .. . . .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. .. .. .. .. .. .. .. .. . .. .. --- Date hone P loo, Fax ... .. .. .. .. .. .. .. ........ ......... Prcparcr's Preparer check r v.. Prop ....................... . . .. .. .. signature J If self-employed SSN Paid .. ... . ...................... ............... .......... ... ............. FEIN preparers Firm's name (or yours I If self-employed) D ate ................ ..................................................... . . .......... only ... . ....... and address fr ZIP j�Preparer's 9 phone numtia�j,'- CtQ L DETACH Rule 73B-10'037 RT6 Florride Adminisilrartive Code Employer's Quarterly Report Payment Coupon R. 01/13 Florida Departmem of Revenue COMPLETE and MAIL with your REPORT/PAYMENT ............... DOR USE ONLY _11-1 F -1-1-1- I Pima write your FIT ACCOUNT NUMBER on check. . ........... .. . . .......... ................ T Make check payable to: Ekd4LQ& WV A, DAM RTACCOUNT NO. ............. ............. I'l . ............. U.S. Dollars Cents - 111-1-1 � .... F -1-111- 1 1,111,111,11, 1111-1-1-111 1 --- F.E.I. NUMBER GROSS WAGES . ............. I ... .... . ............. .............. ............. ............. ............. ............. (From Line 2 above.) ............. ............. I J ............. I . ............. . . ........... AMOUNT ENCLOSED (From Line 9b above.) ............. I ',"','] ............. ............ ............. ............. .......... PAYMENT FOR OUARTER ENDING MM/YY . ............. Add?ess Check here if you are electing to Check here if you transmitted pay tax due in installments. funds electronically. j L 9100 0 99999999 0068054031 ? 5oo9999999 ba00 4 Florida f of Revenue Employe r! RT- Employers are required to file quart age reports regardim of employment activity or whether any taxes are due. R. 01/13 QUARTER ENDING EMPLOYER'S NAME RT ACCOUNT NUMBER r � F _...... 10. EMPLOYEE'S SOCIAL SECURITY NUMBER t1 • EMPLOYEE'S NAME {please print twsttweh a characters of last name and first . 128 EMPLOYEE'S GROSS WAGES PAID THIS QUARTER eght harae ere c' first Hama in bnxes) 12b. EMPLOYEE'S TAXABLE WAGES PAID THIS QUARTER only the first $8.000 paid to each efnOoyee per Calendar year is ta) a , I ..... -- - a ": , i v: -. _ ....... ...., ., ; s` § 128 3 F F .. . 12b. Las J i ? F I t 12e N am ...., ,. ..N .;, ...� n .. • erti.'.: 12b. I I 128 ...., s ;_ .. 4 Nar H, 12b. b 3 i ., ,.. ...., ;.., .... 12a I t u �.- �.� 1 .��� t .. Nar w 1 l 126. ;.... r 128 a_ ... I ( t it r N 12b. I 2a F F First M 2 srie �_, a . 12b. Lesst 1 . Name . 128 ....3. IFur�l F .._., � ... • �b,, .`� s F.a.a N me $ 12b. .,w .. Last ,. rare 12a N F ... , 042rv's 12b, ° s 13a. Natal Gross Wages (add Lines 12a only). Total this page only. . Include this and totals from additional pages in Line 2 on page 1 ., ................. _ - -............. ......... ....._..._.I.................. 13b. Total Taxable Wages ;add Lanes 12b only). Total this page only. Include this and totals from additional pages in Line 4 on page 1 i p " ,... DO HOT DETACH Mail Reply To: Social security numbers (SSNs) are used by the Florida Department of Revenue as unique Reernpioyment Tax identifiers for the administration of Florida's taxes. SSNs obtained for tax administration Florida Department of Revenue purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not 5050 W Tennessee St Bldg L subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399 -0180 and federal laud. Visit our Internet site at www.myfloirida.com /dor and select "Privacy Notice" for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Please save your instructions! Quarterly Report instructions (RT- 6WRTS -3) are only mailed with new accounts or when there are changes. If you misplace your instructions, you can download them from www.myflodda.com/dor d ti t � r PAlrta� Et+� NOW { NE 2U b Ave .� WIN p i t c- tz OV Marb LH King Jr 9 W Old &* 60n Rd if E w Boyacn Mash ENVd �• Ave �a r,dlSkd SW AV6 � Ave- t� t , Railroads Int erstate i B oun dary BOYNTON' ��CRA CRA BOARD MEETING OF : September 9, 2014 I - Consent Agenda I I Old Busin.ess IX I N ew - Business Public Hearing Other SUBJECT: Consideration of Approval of Changes to FY 2014 -2015 Commercial Interior Build -Out Assistance Program Rules & Requirements and Application. SUMMARY: CRA Staff has recognized that there is a need to provide restaurants with more incentive money than other types of businesses. Due to the costs involved in the interior build out of a restaurant, Staff is proposing that the following Tiers be changed as follows: T IERS OLD — FY 2013-2014 - TIER ONE BUSINESS TIER ONE BUSINESS (RESTAURANTS ONLY) Business Types: Restaurant, Gourmet Food Market, Bakery, Business Types: Only full service restaurants with a minimum Clothing Boutique, Home Decor/Design, Specialty Businesses - total seating capacity of 50 are eligible. The restaurant must have Stationery, art, gifts, sporting goods, personal care- pilateslyoga hours conducive for the development of the downtown. Each full - studios, fitness centers and salons time equivalent job created is worth $15,000. Three full time employes are required in order to receive the maximum amount of the grant; $45,000. Fundina: Maximum amount $22,500, if fully matched by Fundina: Maximum amount $45,000, if fully matched by applicant. applicant. TIER TWO BUSINESS TIER TWO BUSINESSES Business Types: Medical Offices, Law Offices, Real Estate Business Types: Restaurants with total seating capacity under Offices, Accounting Offices, Marketing Offices 50, Gourmet Food Market, Bakery, Bed and Breakfast, Clothing Boutique - clothing, shoes & accessories, Home Decor/Design - home furnishings, art galleries, kitchen wares, Specialty Businesses - stationery, gifts, sporting goods, personal care - Pilateslyoga studios, fitness centers and salons Funding: Maximum amount of $7,500, if fully matched by applicant. Funding: Maximum amount of $22,500, if fully matched by applicant. Each full -time equivalent job created is worth $7,500. Three full time employees are required in order to receive the maximum amount of the grant; $22,500. TIER THREE BUSINESS TIER THREE BUSINESSES Business Types: Any business not referred to in tier one or tier Business Types: Medical Offices, Law Offices, Real Estate two expect those not permitted by the City zoning code and the Offices, Accounting Offices, Marketing Offices following: Firearm Sales, Convenience Stores, Religious Goods Stores, Churches, Non - Profits, Tattoo and Body Art Shops, Take - Out Food Only, Adult Entertainment Establishments, Liquor Stores Funding- Maximum amount of $7,500, if fully matched by Funding_ Maximum amount of $5,000, if fully matched by the applicant. Each full -time equivalent job created is worth $3,750. applicant. Two full time employees are required in order to receive the maximum amount of the grant; $7,500. TIER FOUR BUSINESSES NO TIER FOUR BUSINESSES Business Types: Any other eligible business not listed in Tier One, Tier Two or Tier Three listed above. Fun ding: Maximum amount of $5,000, if fully matched by the applicant. Each full -time equivalent job created is worth $2,500.00. Two full time employees are required in order to receive the maximum amount of the grant; $5,000. lF � H In keeping with the times, CRA Staff added Vapor Cigarette, Electronic Cigarette, E Cigarette Stores; Kava Tea Bars and Pawn Shops to the ineligible business list of: • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits Tattoo Shops /Body Piercing /Body Art Shops Financial Services (banking & check cashing stores) • Take -Out Foods Adult Entertainment • Liquor Stores FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan and Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONSIOPTIONS: Approve changes to FY 2014 -2015 Commercial Interior Build -Out Assistance Program Rules & Requirements and Application. Vivian Brooks Executive Director 5 1 BOYN N`CRA To '' mumBEACH f October 1, 2014 — September 30, 2015 Boynton c Community Redevelopment Agency Commercial Interior Build-Out Assistance Build- Program I Requirements SUBMISSION I I IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA ") district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce the initial costs associated the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements must be permanent and stay with the building. T he CRA reserves the right to approve or deny any Commercial Interior Build -Out Assistance Program application and to discontinue payments at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for the economic development of the CRA District. I. The Commercial Interior Build -Out Assistance Program offers financial assistance in the form of a reimbursable, matching (50 %) grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Items eligible for funding under the program are limited to: • Interior walls • Interior plumbing • Interior electrical system including lighting • HVAC system • Flooring • Hood & fire suppression system The Commercial Interior Build -Out Assistance Program funding may be budgeted annually by the CRA Board and awarded on a first -come, first -serve basis. All applications are subject to CRA Board approval. Making application to the program is NOT a guarantee of funding. Initials Page 1 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 www.catchbgya!Lon.com i it Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: 1. Employ a minimum of two (2) full time employees. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty-five 35 hours per week at the prevailing Federal minimum wage. 2. Must be located within the CRA District (see attached map). 3. Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies. (Copies of City & County licenses or receipts that the licenses have been applied for.) 4. A new business is defined as a company in operation for less than six months or relocating to Boynton Beach. 5. An existing business is defined as being in operation for a minimum of three years at the time of application. 6. An existing business must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided in the application package. 7. The Applicant's Experian consumer report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the Applicant upon request. 8. Applicant must own the building it plans to operate within or it must have a proposed or executed multi -year lease (two year minimum). Inerigible Businesses The following businesses are considered ineligible for assistance under the Commercial Interior Build -Out Assistance Program: • Firearm Sales • Convenience Stores • Religious Affiliated Retail Stores • Churches • Non Profits • Tattoo Shops /Body Piercing /Body Art Shops • Financial Services (banking & check cashing stores) • Take -Out Foods • Adult Entertainment • Liquor Stores • Vapor Cigarette, Electronic Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops Initial Page 2 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www. catchb nton, rrb Conditions IV. Grant Terms and This grant is divided into three tiers. Each tier consists of different types of businesses that are eligible and the amount of funding available to the business. A minimum of two full time employees is required regardless of which tier a business falls into. Tier One Business (Restaurants Only) The Tier One Business is eligible for the maximum amount of grant funding which is $45,000. The funding is based on job creation. Each full -time equivalent job created is worth $15,000. Three full time employees are required in order to receive the maximum amount of the grant; $45,000. Only full service restaurants with a minimum total seating capacity of 50 are eligible. The restaurant must have hours conducive for the development of the downtown. Tier Two Bus! nesses Tier Two Businesses are eligible for a maximum amount of $22,500. The funding is based on job creation. Each full -time equivalent job created is worth $7,500. Three full time employees are required in order to receive the maximum amount of the grant; $22,500. Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating capacity under 50 • Gourmet Food Market • Bakery • Bed and Breakfast • Clothing Boutique - clothing, shoes & accessories • Home Decor /Design - home furnishings, art galleries, Kitchen wares • Specialty Businesses - stationery, gifts, sporting goods, personal care - Pilateslyoga studios, fitness centers and salons Tier Three Businesses Tier Three Businesses are eligible for a maximum amount of $7,500. The funding is based on job creation. Each full -time equivalent job created is worth $3,750. Two full time employees are required in order to receive the maximum amount of the grant; $7,500. Tier Three Businesses must be one of the following types of businesses: • Medical Offices • Law Offices • Real Estate Offices • Insurance Offices • Accounting Offices • Marketing Office Initial Page 3of13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 www.catctibgygton.com Tier Four Businesses Tier Four Businesses are eligible for a maximum amount of $5,000. The funding is based on job creation. Each full -time equivalent job created is worth $2,500.00. Two full time employees are required in order to receive the maximum amount of the grant; $5,000. Tier Four Businesses may consist of any other eligible business not listed in Tier One, Tier Two or Tier Three listed above. Lease Terms If the applicant is a tenant, it must have a proposed or executed multi -year lease (two year minimum). The commercial lease must define the landlord- tenant relationship and at minimum provide the following information: A description of the space being rented including square footage and a drawing of the space. Description of utilities that are the tenant's responsibility. Rental rate and deposits along with terms of lease and methodology for future rent increases. Responsible party for interior and exterior repairs and/or improvements. Insurance requirements. • Ability to terminate. • Consequences of default on the lease. V. Procedures i c i oval Application ss All applicants are strongly encouraged to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application packets must include the following documentation: 1. A nonrefundable fee of $100.00 is required to obtain a consumer report on the business and principal /owners of the business. Make check payable to: Boynton Beach CRA 2. Completed and signed application. 3. Completed and signed Authorization to Perform Credit Check for the business and each principal /owner of the business (forms attached to the application — multiple forms may be needed for principal /owners of the business). 4. Specific list breaking down the use of the funds and providing the total cost of the project. 5. Copy of building permit receipt. 6. W9 Form (attached to grant application). 7. Resume for each principal/owner of the business. 8. Copy of the corporate documents for the applying business entity. Initial Page 4 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchboynton.com 9. Copy of executed multi -year commercial lease agreement. 10. Two (2) years of corporate tax returns ( for existing businesses only 11. Two (2) years of personal tax returns for the principal /owners of a new business. 12. If an existing business, located within the CRA District, is expanding within the CRA District, it must expand to occupy more than fifty percent (50 %) of its current square footage size. Verification of this threshold must be provided. Floor plans outlining square footage of each location are acceptable. 13. Copy of design and construction plans associated with the proposed improvements. 14. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 15. A minimum of four (4) color digital "before" photos of the project. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, CRA staff will present the funding request to the CRA Board for approval. The CRA Board meets on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. It is recommended that the applicant attend the CRA Board meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of approval or denial in writing. Site Visits CRA staff will conduct a site visit prior to the submittal of the grant application to the CRA Board and once the business is ready to open for operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Procedures Reimbursement Initial i r This program is designed as a matching (50 %) grant which is reimbursed on a quarterly basis. That is, all work must be completed and paid for by the applicant, prior to the CRA funds being released. The CRA will provide quarterly reimbursements to the applicant upon submittal of a complete reimbursement request package. Grant funding will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request. Initial Page 5of13 714 North Federal Highway, Boynton Beach, FL 33435 Phone 561 -737 -3256 Fax 561- 737 -3258 www.Gatch The property owner, or tenant if aeplicable, must complete the interior 1mprovemjnLgE2jftcL obtain a Certificate of Occupancy JCO) fro the City of Boynton each and submit for reimbursement within one hundred eighty (180) days of the grant award. Fail to com le the improvements within the specified tirneframe will result in the property owner or tenant, applicable, losing the grant reimbursement opportunity. Only one ninety (92Lday administrative extension will be permitted. Initial Reimbursement Documentation Once the work is completed the Initial Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Project accounting: Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. • Each item will be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. 2. A "release of lien" signed by each licensed contractor(s). 3. Copy of City and County business licenses. 4. Applicant shall provide color digital "during" and "after" photos of the project. Photos should be from approximately the same position as the "before" photos submitted in the application 5. For W-2 eligible employees, Florida Department of Revenue Employers Quarterly Report (RT-6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, S-corporations and 1099-MISC eligible employees, copies of all cancelled salary checks or proof of direct deposits for each full time/full time equivalent employee for each month within that specific quarter. By submitting for reimbursement, the applicant warrants that all bills related to the project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits. Initial Page 6 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 www.catchb Quarterly i r By accepting the grant, the applicant agrees to comply with the quarterly reporting requirement of providing the CRA with proof of employee wage reporting for three (3) consecutive quarters. Each report shall be made within ten (10) days of the start of the next applicable quarter beginning on January 1, April 1, July 1, and October 1 following the Initial Reimbursement Request. If al2plicant does not submit its guarterly reimbursement request with a of its quarterly RT-6 form within forty five (5) days following the end of the quarter in is applicant is requesting reimbursement, applicant forfeits thgL__qUarter reimbursement. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly funding after the Initial Reimbursement Request grant applicant must submit a written request for that quarter's reimbursement payment along with: For W -2 eligible employees, Florida Department of Revenue Employers Quarterly Report R( T-6) for each consecutive quarter must be submitted. Or For sole proprietorships, partnerships, S- corporations and 1099 -MISC eligible employees; copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for.each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the grant application has been approved by the CRA. Any work completed pli or to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Grantees shall allow the CRA the rights and use of photos and project application materials. Initial Page 7 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561 -737 -3258 www.catchb Discontinuation The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue interior build -out reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION I I IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Initial Page 8 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchbQygton.com BOYN'ON P; October 1, 2014 — September 30, 2015 Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) BUSINESS INFORMATION: Business Name (D/B/A (D/B/ if applicable): Current Business dress: Fed I Phone: Fax: Website: Existing Business: Yes No Number of years in existence: New Business to Boynton Beach: Yes No Time at Current Location: Do you have an executed lease agreement: Yes No If so, monthly rent: New Business Address (must be within CRA District ) Square footage of existing location Square footage of new location Type of usiness: Number of Employees: _ Hours of Operation: Initials Page 9 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 www.catchb rn PRINCIPAL/OWNER INFORMATION: If more than 4 rind als /owners additional sheets may be used. I. Principal /Owner Name: Date of Birth: _ Current Address: Email: Phone #: 2. Principal /Owner Name: Date of Birth: Current dress: mail: Phone : 3. Principal /Owner Name: Date of Birth: Current Address: Email: Phone : 4. Principal/ Owner Name: Date of Birth: Current Address: Email: Phone #: LANDLORD INFORMATION: Landlord Na Landlord's Mailing Address: Landlord Phone Are you applying for grant assistance under any other program offered by the CRA (Tier One Businesses only): Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No If yes, fist any additional grant sources and amounts: CERTIFICATION AND WAIVER PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program, and it is true and complete to the best of the applicant(s) knowledge and belief. Initials Page 10 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 wmwymcatchboynton.com The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Assistance Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the CRA mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. SUBMISSION APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules /Requirements and Application. Principal/ Owner's Signature Date Printed e Title Principal/Owner's Signature Date Printed Name Title Principal/Owner's Signature Date Printed a itle Principal/Owner's Signature Date Printed a Title Page 11 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561 - 737 -3256 Fax 561- 737 -3258 www.catchbpy,qton.com Notary as to Principal /Owner's Signatures. Multiple notary pages may be used if signing individually. STATE F COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is /are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 12 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561- 737 -3256 Fax 561- 737 -3258 www.catchb ovrston.ccarn SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Landlord's Signature Date Printed Name Title Landlord's Signature Date Printed Name Title STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20_. NOTARY PUBLIC My Commission Expires: Page 13 of 13 710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258 wvvw-catchbgyr ton-com i 710 N Federal Highway BOYN tBoynton Beach, FL 33435 Ph: 561- 737 -3256 Fax: 561 - 737 -3258 www- cachby.co Authorization to Perform Credit Check The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ( "CRA ") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the CRA, including independent contractors and credit agencies retained by the CRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the CRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives any and all claims, past present or future, which the applicant may have against the CRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein given to the CRA. An authorization to Perform Credit Check needs to be completed by each Principal /Owner and by the Business. For Principal/ Owner: Please use a se crate form for each rinci allowner Principal /Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone : Signature: Date: X{ I 710 N Federal Highway BOYNTO Boynton Beach, FL 33435 Ph: 561- 737 -3256 1 Fax: 561 -737 -3258 I' www.catchboynton.com Authorization to Perform Credit Check The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ( "CRA ") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the CRA, including independent contractors and credit agencies retained by the CRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F. S. Applicant grants such consent and authorization to the CRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives any and all claims, past present or future, which the applicant may have against the CRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein given to the CRA. An authorization to Perform Credit Check needs to be completed by each Principal /Owner and by the Business. For Business: Business Name (D /B /A if applicable): Current Business Address: Federal Tax I State of Incorporation: Phone #I: Fax#: Signature: a t: Title: y r Give Form to the Form requester. Do not (Rev. December 201 Iden tifica t ion r Certificat e q Department of the Treasury send t0 the I$, Internal Revenue Service Name (as shown on your income lax return) N Business name /disregarded entity name, if different from above �s c Check appropriate box for federal tax classification: ❑ Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate a c O F Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P =partnership) 11, El payee o --------------------------- « H c M' v El Other (see instructions) ► w- Address (number, street, and apt. or suite no.) Requester's name and address (optional) ei m Q V City, state, and ZIP code a� List account number(s) here (optional) Taxpayer Identification Number I) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number avoid backup withholding. For individuals, this is your social security number However, for a re page resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. [T] d I I-I-LLLL Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person ► Date ► Gene Instructions Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W -9. noted. Definition of a U.S. person. For federal tax purposes, you are Pu rpose f Form considered a U.S. person if you are: A person who is required to file an information return with the IRS must • An individual who is a U.S. citizen or U.S. resident alien, obtain your correct taxpayer identification number (TIN) to report, for • A partnership, corporation, company, or association created or example, income paid to you, real estate transactions, mortgage interest organized in the United States or under the laws of the United States, you paid, acquisition or abandonment of secured property, cancellation • An estate (other than a foreign estate), or of debt, or contributions you made to an IRA. e A domestic trust (as defined in Regulations section 301.7701 -7). Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the Special rules for partnerships. Partnerships that conduct a trade or requester) and, when applicable, to: business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. 1. Certify that the TIN you are giving is correct (or you are waiting for a Further, in certain cases where a Form W -9 has not been received, a number to be issued), partnership is required to presume that a partner is a foreigr5 person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W -9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form - (Rev. 12 -2011) Form -- (Rev. 12- 2011) Page The person who gives Form W -9 to the partnership for purposes of Certain payees and payments are exempt from backup withholding. establishing its U.S. status and avoiding withholding on its allocable See the instructions below and the separate Instructions for the share of net income from the partnership conducting a trade or business Requester of Form W -9, in the United States is in the following cases: Also see Special rules for partnerships on page 1. • The U.S. owner of a disregarded entity and not the entity, • The U.S. grantor or other owner of a grantor trust and not the trust, Updating Your Information and You must provide updated information to any person to whom you • The U.S. trust (other than a grantor trust) and not the beneficiaries of claimed to be an exempt payee if you are no longer an exempt payee the trust. and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if Foreign person. If you are a foreign person, do not use Form W -9. you are a C corporation that elects to be an S corporation, or if you no Instead, use the appropriate Form W -8 (see Publication 515, longer are tax exempt. In addition, you must furnish a new Form W -9 if Withholding of Tax on Nonresident Aliens and Foreign Entities). the name or TIN changes for the account, for example, if the grantor of a Nonresident alien who becomes a resident alien. Generally, only a grantor trust dies. nonresident alien individual may use the terms of a tax treaty to reduce penalties or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions Failure to furnish TIN. If you fail to furnish your correct TIN to a specified in the saving clause may permit an exemption from tax to requester, you are subject to a penalty of $50 for each such failure continue for certain types of income even after the payee has otherwise unless your failure is due to reasonable cause and not to willful neglect. become a U.S. resident alien for tax purposes. Civil penalty for false information with respect to withholding. If you If you are a U.S. resident alien who is relying on an exception make a false statement with no reasonable basis that results in no contained in the saving clause of a tax treaty to claim an exemption backup withholding, you are subject to a $500 penalty. from U.S. tax on certain types of income, you must attach a statement to Form W -9 that specifies the following five items: Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties 1. The treaty country. Generally, this must be the same treaty under including fines and /or imprisonment. which you claimed exemption from tax as a nonresident alien. Misuse of TINS. If the requester discloses or uses TINs in violation of 2. The treaty article addressing the income. federal law, the requester may be subject to civil and criminal penalties. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Specific Instructions 4. The type and amount of income that qualifies for the exemption Name from tax. 5. Sufficient facts to justify the exemption from tax under the terms of If you are an individual, you must generally enter the name shown on the treaty article. your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Example. Article 20 of the U.S. -China income tax treaty allows an Administration of the name change, enter your first name, the last name exemption from tax for scholarship income received by a Chinese shown on your social security card, and your new last name. student temporarily present in the United States. Under U.S. !aw, this student will become a resident alien for tax purposes if his or her stay in If the account is in joint names, list first, and then circle, the name of the United States exceeds 5 calendar years. However, paragraph 2 of the person or entity whose number you entered in Part I of the form. the first Protocol to the U.S. -China treaty (dated April 30, 1984) allows Sole proprietor. Enter your individual name as shown on your income the provisions of Article 20 to continue to apply even after the Chinese tax return on the "Name" line. You may enter your business, trade, or student becomes a resident alien of the United States. A Chinese "doing business as (DBA)" name on the "Business name /disregarded student who qualifies for this exception (under paragraph 2 of the first entity name" line. protocol) and is relying on this exception to claim an exemption from tax Partnership, C Corporation, or S Corporation. Enter the entity's name on his or her scholarship or fellowship income would attach to Form on the "Name" line and any business, trade, or "doing business as W -9 a statement that includes the information described above to (DBA) name" on the "Business name /disregarded entity name" line. support that exemption. Disregarded entity. Enter the owner's name on the "Name" line. The If you are a nonresident alien or a foreign entity not subject to backup name of the entity entered on the "Name" line should never be a withholding, give the requester the appropriate completed Form W -8. disregarded entity. The name on the "Name" line must be the name What is backup withholding? Persons making certain payments to you shown on the income tax return on which the income will be reported. must under certain conditions withhold and pay to the IRS a percentage For example, if a foreign LLC that is treated as a disregarded entity for of such payments. This is called "backup withholding." Payments that U.S. federal tax purposes has a domestic owner, the domestic owner's may be subject to backup withholding include interest, tax - exempt name is required to be provided on the "Name" line. If the direct owner interest, dividends, broker and barter exchange transactions, rents, of the entity is also a disregarded entity, enter the first owner that is not royalties, nonemployee pay, and certain payments from fishing boat disregarded for federal tax purposes. Enter the disregarded entity's operators. Real estate transactions are not subject to backup name on the "Business name /disregarded entity name" line. If the owner withholding. of the disregarded entity is a foreign person, you must complete an You will not be subject to backup withholding on payments you appropriate Form W -8. receive if you give the requester your correct TIN, make the proper Note. Check the appropriate box for the federal tax classification of the certifications, and report all your taxable interest and dividends on your person whose name is entered on the "Name" line (Individual /sole tax return. proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Payments you receive will be subject to backup Limited Liability Company (LLC). If the person identified on the withholding if: "Name" line is an LLC, check the "Limited liability company" box only 1. You do not furnish your TIN to the requester, and enter the appropriate code for the tax classification in the space provided. If you are an LLC that is treated as a partnership for federal 2. You do not certify your TIN when required (see the Part II tax purposes, enter "P" for partnership. If you are an LLC that has filed a instructions on page 3 for details), Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for 3. The IRS tells the requester that you furnished an incorrect TIN, C corporation or "S" for S corporation. If you are an LLC that is 4. The IRS tells you that you are subject to backup withholding disregarded as an entity separate from its owner under Regulation section 01 -3 (except for employment and excise tax), do not because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or check the e LLCLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for 5. You do not certify to the requester that you are not subject to federal tax purposes. If the LLC is disregarded as an entity separate backup withholding under 4 above (for reportable interest and dividend from its owner, enter the appropriate tax classification of the owner accounts opened after 1983 only). identified on the "Name" line. Form W -9 (Rev. 12-2011) P age Other entities. Enter your business name as shown on required federal Part I. Taxpayer Identification Number (TIN) tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You Enter your TIN in the appropriate box. If you are a resident alien and may enter any business, trade, or DBA name on the "Business name/ you do not have and are not eligible to get an SSN, your TIN is your IRS disregarded entity name" line. individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see Now to get a TIN Exempt Payee below. If you are exempt from backup withholding, enter your name as If you are a sole proprietor and you have an EIN, you may enter either described above and check the appropriate box for your status, then your SSN or EIN. However, the IRS prefers that you use your SSN. check the "Exempt payee" box in the line following the "Business name/ If you are a single - member LLC that is disregarded as an entity disregarded entity name," sign and date the form. separate from its owner (see Limited Liability Company (LLC) on page 2), Generally, individuals (including sole proprietors) are not exempt from enter the owner's SSN (or EIN, if the owner has one). Do not enter the backup withholding. Corporations are exempt from backup withholding disregarded entity's EIN. If the LLC is classified as a corporation or for certain payments, such as interest and dividends. partnership, enter the entity's EIN. Note. If you are exempt from backup withholding, you should still Note. See the chart on page 4 for further clarification of name and TIN complete this form to avoid possible erroneous backup withholding. combinations. The following payees are exempt from backup withholding: How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security 1. An organization exempt from tax under section 501(a), any IRA, or a Card, from your local Social Security Administration office or get this custodial account under section 403(b)(7) if the account satisfies the form online at www.ssa.gov. You may also get this form by calling requirements of section 401(%2), 1- 800- 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer 2. The United States or any of its agencies or instrumentalities, Identification Number, to apply for an ITIN, or Form SS -4, Application for 3. A state, the District of Columbia, a possession of the United States, Employer Identification Number, to apply for an EIN. You can apply for or any of their political subdivisions or instrumentalities, an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a 4. A foreign government or any of its political subdivisions, agencies, Business. You can get Forms W -7 and SS -4 from the IRS by visiting or instrumentalities, or IRS.gov or by calling 1- 800 - TAX -FORM (1- 800- 829 - 3676). 5. An international organization or any of its agencies or If you are asked to complete Form W -9 but do not have a TIN, write instrumentalities. "Applied For" in the space for the TIN, sign and date the form, and give Other payees that may be exempt from backup withholding include: it to the requester. For interest and dividend payments, and certain 6. A corporation, payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you 7. A foreign central bank of issue, are subject to backup withholding on payments. The 60 -day rule does o. A dealer in securities or commodities required to register in the not apply to other types of payments. You will be subject to backup United States, the District of Columbia, or a possession of the United withholding on all such payments until you provide your TIN to the States, requester. 9. A futures commission merchant registered with the Commodity Note. Entering "Applied For" means that you have already applied for a Futures Trading Commission, TIN or that you intend to apply for one soon. 10. A real estate investment trust, Caution: A disregarded domestic entity that has a foreign owner must 11. An entity registered at all times during the tax year under the use the appropriate Form W -8. Investment Company Act of 1940, Part 11. Certification 12. A common trust fund operated by a bank under section 584(a), To establish to the withholding agent that you are a U.S. person, or 13. A financial institution, resident alien, sign Form W -9. You may be requested to sign by the 14. A middleman known in the investment community as a nominee or withholding agent even if item 1, below, and items 4 and 5 on page 4 custodian, or indicate otherwise. 15. A trust exempt from tax under section 664 or described in section For a joint account, only the person whose TIN is shown in Part 1 4947. should sign (when required). In the case of a disregarded entity, the The following chart shows types of payments that may be exempt person identified on the "Name" line must sign. Exempt payees, see from backup withholding. The chart applies to the exempt payees listed Exempt Payee on page 3. above, 1 through 15. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and items 4 and 5 on page 4. IF the payment is for.. . THEN the payment Is exempt 1. Interest, dividend, and barter exchange accounts opened for ... before 1984 and broker accounts considered active during 1983. Interest and dividend payments All exempt payees except You must give your correct TIN, but you do not have to sign the for 9 certification. 2. Interest, dividend, broker, and barter exchange accounts Broker transactions Exempt payees 1 through 5 and 7 opened after 1983 and broker accounts considered inactive during through 13. Also, C corporations. 1983. You must sign the certification or backup withholding will apply. If Barter exchange transactions and Exempt payees 1 through 5 you are subject to backup withholding and you are merely providing patronage dividends your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Payments over $600 required to be Generally, exempt payees 3. Real estate transactions. You must sign the certification. You may reported and direct sales over 1 through 7 2 cross out item 2 of the certification. $5,000' ' See Form 1099 -MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Form W -9 (Rev. 12 -2011) Pa g 4. Other payments. You must give your correct TIN, but you do not Note. If no name is circled when more than one name is listed, the have to sign the certification unless you have been notified that you number will be considered to be that of the first name listed. have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for Secure Your Tax Records from Identity Theft rents, royalties, goods (other than bills for merchandise), medical and Identity theft occurs when someone uses your personal information health care services (including payments to corporations), payments to such as your name, social security number (SSN), or other identifying a nonemployee for services, payments to certain fishing boat crew information, without your permission, to commit fraud or other crimes. members and fishermen, and gross proceeds paid to attorneys An identity thief may use your SSN to get a job or may file a tax return (including payments to corporations). using your SSN to receive a refund. 5. Mortgage interest paid by you, acquisition or abandonment of To reduce your risk: secured property, cancellation of debt, qualified tuition program .protect your SSN, payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You • Ensure your employer is protecting your SSN, and must qive your correct TIN, but you do not have to sign the certification. a Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a What Name and Number To Give the Requester notice from the IRS, respond right away to the name and phone number For this type of account: Give name and SSN of: printed on the IRS notice or letter. if your tax records are not currently affected by identity theft but you 1. Individual The individual think you are at risk due to a lost or stolen purse or wallet, questionable 2. Two or more individuals (joint The actual owner of the account or, credit card activity or credit report, contact the IRS Identity Theft Hotline account) if combined funds, the first ' at 1-800-908-4490 or submit Form 14039. individual on the account 3. Custodian account of a minor The minor' For more information, see Publication 4535, Identity Theft Prevention (Uniform Gift to Minors Act) and Victim Assistance. 4. a. The usual revocable savings The grantor - trustee Victims of identity theft who are experiencing economic harm or a trust (grantor is also trustee) system problem, or are seeking help in resolving tax problems that have b. So- called trust account that is The actual owner' not been resolved through normal channels, may be eligible for not a legal or valid trust under Taxpayer Advocate Service (TAS) assistance. You can reach TAS by state law calling the TAS toll -free case intake line at 1- 877 - 777 -4778 or TTY17DD 5. Sole proprietorship or disregarded The owner' 1- 800 - 829 -4059. entity owned by an individual Protect yourself from suspicious emails or phishing schemes. 6. Grantor trust filing under Optional The grantor" Form 1099 Filing Method 1 {see Phishing is the creation and use of email and websites designed to Regulation section 1.671- 4(b)(2)(i)(A)) mimic legitimate business emails and websites. The most common act For this type of account: Give name and EIN of: is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering 7. Disregarded entity not owned by an The owner private information that will be used for identity theft. individual 8. A valid trust, estate, or pension trust Legal entity ` The IRS does not initiate contacts with taxpayers via emails. Also, the 9. Corporation or LLC electing The corporation IRS does not request personal detailed information through email or ask corporate status on Form 8832 or taxpayers for the PIN numbers, passwords, or similar secret access Form 2553 information for their credit card, bank, or other financial accounts. 10. Association, club, religious, The organization If you receive an unsolicited email claiming to be from the IRS, charitable, educational, or other forward this message to phishing@irs.gov. You may also report misuse tax - exempt organization of the IRS name, logo, or other IRS property to the Treasury Inspector 11. Partnership or multi- member LLC The partnership General for Tax Administration at 1- 800 -366 -4484. You can forward 12. A broker or registered nominee The broker or nominee suspicious emails to the Federal Trade Commission at: spamOuce.gov 13. Account with the Department of The public entity or contact them at www.ltc.gov /idtheft or 1- 877- IDTHEFT Agriculture in the name of a public (1 -877- 438 - 4338). entity (such as a state or local Visit IRS.gov to learn more about identity theft and how to reduce government, school district, or your risk. prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671- 4(b)(2)(i)(B)) ' List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be fumished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or °SBA" name an the - Business name/disregarded entity' name tine. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. 'Note. Grantor also must provide a Form W -9 to trustee of trust. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and slate agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. RT -6N Instructions ir's Quarterly Report R.01/13 Rule 736 - 10.037 Florida Administrative Code DEPARTMENT OF REVEf4UE Registration - If you do not have an reemployment tax account number, you are required Line 4 - Enter the TAXABLE WAGES paid this quarter (Line 2 minus Line 3), which should to register to report and pay tax in Florida before filing the Employer's Quarterly Report equal the total of all Line 13b entries, (FIT-6). To register online, go to our Internet site at www.myflorida.com /dor. Line 5 - Enter tax due, Multiply Line 4 by tax rate. Filing Reports - Every employer who is liable for filing quarterly under the Florida Line 6 - If this report is past due, compute penalty of $25 for each month, or fraction of a reemployment assistance program law, must complete and file the Employer's Quarterly month, that the report is delinquent (see Due Dates). Report (RT -6, formerly UCT -6). The report should cover orly employment for the employer during a single calendar quarter. Line 7 - If tax due from Line 5 is not paid by the end of the month following the report quarter, compute interest of 1 percent (.01) per month, to be prorated daily, from the due If wages are paid but NO TAX IS DUE, an Employer's Quarterly Report (RT -6) still must be date until the tax is paid, completed and filed timely. Line 8 - (Applies to 2010 through 2014). Enter $5 if you file and pay on time and choose No Employment - A registered employer who had no employees or paid no wages to pay your quarterly tax due in installments. This $5 fee is payable only with the first during the quarter must still complete, sign, and return the Employers Quarterty Report installment; one time per calendar year. You do not owe this fee if you are paying 100% {RT 6, formerly UCT 6). If you need to cancel your registration, contact us. of the Total Amount Due (Line 9a) now. Electronic Filing and Paying -The Department of Revenue offers the convenience of Line 9a - Enter the sum of Lines 5, 6, 7, and 8. if the total is less than $1, send the report using our free and secure Internet site to file and pay reemployment tax. To enroll, or get with no payment. more information, go to the Internet site at www.mytiodda.com/dor. After you complete your electronic enrollment we will send you a User ID, PIN/Password, and instructions Line 9b - Enter the total due from Line 9a on Line 9b unless you choose to make based on the filing /payment method you choose. Once you are set up to file /pay installment payments (2010 through 2014). If you choose installments, enter the electronically, you will not receive paper reports from the Department. Please do not mail installment amount due for this quarterly report only on Line 9b. Note that Line 9b, a paper report if you file electronically. Amount Enclosed, appears on both the report and the payment coupon. The chart below Due Dates -The original report must be filed and the tax due paid, if applicable, no later shows how to compute your installment payment. than the last day of the month following the end of the quarter (Penalty After Date): April Quarter Ending Installment Amount On Tax Due (Line 5) Installment Due Dates) 30, July 31, October 31, and January 31, If you are paying by EFT or Internet, you 03131 114 of Tax Due 04130, 07131,10131,12131 must initiate the payment by 5:00 p.m., ET, on the business day prior to the due date for D6/30 113 of Tax Due 07/31,10131,12131 your payment to be considered timely. Reports must be electronically dale stamped D9/30 112 of Tax Due 10131,12!31 (submission or transmission date) on or before the "Penalty After Date" of any given quarter. Keep the confirmation/trace number or acknowledgement in your records. Installment payments for quarters other than this quarter must be made on an Employer's Employer Changes /Adjustments - DO NOT make adjustments for prior quarters on the Reemployment Tax Installment Coupon (RT- 61 NST, formerly UCT- 61NST). current quarter's report. Adjustments to prior quarters must be done by completing a Line 10 - Enter each employee's social security number (NINE digits - Do not suppress Correction to Employer's Quarterly or Annual Domestic Report (RT 8A, formerly UCT -8A). the leading zeros). Every employee, regardless of age, is required to have a social security Addresses may be changed online at www.myflorida.com /dor or by downloading and number. If the employee's valid social security number is not included, no credit will be completing an EmployerAccount Change Form (RTS -3, formerly UCS -3). given for previously reported taxable wages, and the first (up to) $8,000 of wages on this Certification /Signature /Paid Preparer -The report must be signed by quarterly report will be taxed at your tax rate. (1) the individual owner, (2) the corporate president, treasurer, or other principal officer, Line 11- Enter each employee's last name, first name, and middle initial. (3) partner or member /managing member, and /or (4) a responsible and duly authorized Line 12a - Enter each employee's gross wages paid this quarter as defined in Line 2. agent of the employer. Complete the paid preparer information, if applicable. Line 12b - Enter each employee's taxable wages paid this quarter as defined in Line 4. Line 1- Enter the total number of covered full -time and part -time employees who worked Only the first $8,000 paid to each employee per calendar year is subject to the Florida during or received pay for the payroll period including the 12th of each month. reemployment tax, Line 2 - Enter the total GROSS WAGES paid (before deductions), including salaries, Line 13a - Enter total gross wages (add Lines 12a only). Total this page only. Include commissions, bonuses, vacation and sick pay, back pay awards, and the cash value this and totals from additional pages in Line 2 on page 1 of RT 6, formerly UCT -6. of all remuneration paid in any medium other than cash. Tips and gratuities are wages when included by the employer to meet minimum wage requirements and /or when the Line 13b -Enter total taxable wages (add Lines 12b only), Total this page only. Include employee receives and reports in writing to the employer $20 or more per month. Gross this and totals from additional pages in Line 4 on page 1 of RT -6, formerly UCT -6. wages should not include wage items specifically exempt per section 443.1217(2) (b) - (g), RT 6 reports filed with missing or invalid social security numbers, or illegible entries are Florida Statutes. Note that Line 2, Gross Wages, appears on both the report and the subject to an Incomplete/Erroneous penalty, payment coupon. You can sign up to receive quarterly emails reminding you to file and pay your Line 3 - Enter the amount of EXCESS WAGES for this quarter. Excess wages are wages reemployment tax. Go to www.myflodda.com/dor and select "Subscribe to our exceeding $8,000 paid to each employee in a calendar year. The following should be publications." considered when determining excess wages: (1) Wages reported to another state by Forms - Forms and additional information are available online or call 800 -352 -3671 for the same employer for an employee. See Employer's Quarterly Report for Out-of-State assistance. Taxable Wages (RT 6NF, formerly UCT -6NF); (2) Wages paid by your predecessor during the calendar year, if you are the legal successor. Note: Florida law increased taxable wages from $7,000 to $8,000 beginning with the January 1 through March 31, 2012 quarter. If you are filing a report for a quarter ending before January 1, 2012, the excess wages are wages exceeding $7,000. 800 -352 -3671 www.myflorida.com /dor Use black ink. Example A- Handwritten Example 8 - lypeol Florida Department of Revenue Employer's Quarterly Report Ex , & -. - '% Employers are required to file quarterly taxAvage reports regardless of employment activity or whether any taxes are due. L 51 ....... .... RT-6 . . ........................... . .......... ....... . .... Use Black Inkto Complete This Forrn R. 01/13 QUARTER ENDING DUE DATE PENALTY AFTER DATE TAX RATE RT .. T ......... ........... . H El El a ....... Da not make any changes ft you do not have an account number, you to the pro-printed are required to register (sea instructb"). Irlifali'Matialill an this form. F.E.I. NUMBER If changes are needed, request and complete an Lj 1-1 - EmployerAccount — — U L L Ll Ll Change Fann (RT-3). FOR DIFFICLAL LISE ONLY POSTMARK DATE / I— Reverse Side Mt be Compf(eited LjLj N a s ffing 2. Gross wages paid this quarter Mai Must total all pages) Auddmsz L U C�hjnstuzlp 3. Exam wages paid this quarter (See instructions) . ......... ........... ........... 4. TaxatAe wages paid this quarter Location, (see instructions) Lj Addmsa 5. Tax due city"mm P (Mutd* Line 4 by Tax Rate} E-, 11 L1 11 9 11 1111 [1 [1 6. Penalty due I Enter the total number .......... .......... ........... (See instructions) of full-time and part-time 1st Month 7. Interest due covered workers who (See instructions) performed services during 2nd Month ............. 8. Installment fee or received pay for the U ............. L] payroll period including the ........... . 9�� (See Instructions) 12th of the month. 3rd Month ga. Total anount due r__7 . . ........... .......... (See instructions) 1-1 u 1-1 11-111 [1 [1 E Check if final return: ........... Date operations ceased. Amount Endssed [10 (Sea instnictions) Check if you had oui-of-slate wages. Attach Emplcyer�s If you are filing as a sole proprietor, is this for Quarterly Report for Out-of-State Taxable Wages (RT-6NF). domestic (household) employment only? Yes —No " . ........................... ... Under rxmall e per us iy I I have a< his ralrrn an'd the st& are , mr iseMbns 443,1 ard 44'1 F oridia ------------------ Title Sign here ................................................... ...................... Phone Fax signawre a! 0k*r Date ........................ . . ................................ .............................................................................................................................. : . ............ Preparer's Preparer check I Preparer's T sI 9n!!!r! If self - employed I SSN or FrIN . . ........ UP ........................... .................................. ...... ...... .................... ............................. Paid ............. preparers Firm's name (or yours FEIN Date Only self-employed) ................................... . . . ......................... and address ZIP ................................. -------- DO NOT DETACH Rule 7311-110.0W Florida AzInistmfiva Code Employer's Quarterly Report Payment Coupon RT-6 R. 01/13 %H,da Department of Revenue COMPLETE and MAIL with your REPORT/PAYMENT. Please write your RT ACCOUNT NUM BER on check. DOR USE ONV I Ji H . ......... Ll L-1 Make check payable to: EMda-U& Fund P06 MARK OR HMM-DELIVERV DAUM L ........................................................ . ... . .. RT ACCOUNT NO. [ I U.S. Dollars --------- Cents F.E.I. NUMBER GROSS WAGES r (From Line 2 above.) Lj �L AMOUNT ENCLOSED — u Ll 1 11 1 r" — i r r i r (From Line 9b above.) L—i L_j L_j Norne L_j y t PAYMENT FOR QUARTER Mailing ENDING MM/YY Address Check here if you are electing to Check here if you transmitted City/SVzlP — pay tax due in installments. - funds electronically. L 9100 0 99999999 0068054031 7 5009999999 DODO 4 L Emp Flor requirDeplartmentt oage� n esssofemp ymen Quart wh ete Rep taxxes l aredue. J R. 01/13 it II Black Ink to Com This For QUARTER ENDING _ EMPLOYER'S NAME RT ACCOUNT NUMBER 10. EMPLOYEE'S SOCIAL SECURITY NUMBER 11. EMPLOYEE'S NAME (please print fist twelve characters of last name and first, 12a EMPLOYEE'S GROSS WAGES PAID THIS QUARTER eight characters of first name in boxes) t2b. EMPLOYEE`S TAXABLE WAGES PAID THIS QUARTER 4nh/ the first $8,DW pa to each emp loyee pe calendar y ear is ta�ehle. Last Name I Itial C _J 12b. ®. 1 Y . 1111L.,. — 1111 0000 F�1e MERE Y EEME 12a. � • �L] Narne D [1110 [1 [11111 Iniiia 12h. � [I [10 ■ ��� 11111 LID LID ®[1111111 Narri MEE0111 0 [1 121. 1 0 [1. Name E]� .®. Initial J 12b. 0El I0[I[1 1111 111111 00 —CJ1111� �0E?1111 FJ1111111111 El 12..1._11111 11 1111 11 F 1.1111 Name 11111111 El E.IDEl tt Mo C _J 12b. ®a � Lt ��11111111�0El 111111 12a. 11F111 11 1111111 El 0[1 First E] 1� �� —��DO Nam [] Middle F Name Initial 12b. 1111 10 11 El 11 El Nems 011 El F nilia E [I D I M id d le 12b. [1111]. 1111 Last 000— DO —EDEE Name F 10[1[11111[1011111111 12a. 1111F1E ]Oil -11El Firsl Name [] � � � � � � � Initi� c 1] 12b. E I [ 1L] ■ [11 L "' a 111111 FJ 1111 El 11 [1 E 11DO — 1111 11111111 Name 11 E [I E. El [I F at Name �__� 111111110 I fib ,I � 12b. 11 11 F El 11 . 13a. Total Gross Wages (add Lines 12a only,. Total this page only. 11 �� E] El ��� �� Include this and totals from additional pages in Li 2 on page 1. El 13b. Total Taxable Wages (add Lines 12b only }. Total this page only. ®� 11 FJ ill 11 [i a Inclu this and totals from a pages in Line 4 on page 1. DO NQT DETACH Mail Reoly T0; Social security numbers (SSNs) are used by the Florida Department of Revenue as unique Reemployment Tax identifiers for the administration of Florida's taxes. SSNs obtained for tax administration Florida Department of Revenue purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not 5050 W Tennessee St Bldg L subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399 -0180 and federal law. Visit our Internet site at www.myflorida.com/dor and select "Privacy Notice' for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Please instructions'. Quarterly Report instructions (RT- 6N/RTS -3) are only mailed with new accounts or when there are changes. If you misplace your instructions, you can download them from www.myflorida.com/dor CRA DISTRICT MAP a i i 4 Milmr d i3Wzw EN Wd I , ,r 1's J Martin Lm7her King Jr Ell ud Old Eki yMn Rd y f i 1N E� pry Blvd z A" W d ,bYd. yl'r y 1� t9 li�tS�kf L•w:1rl �l�bd'. z � " r , Railroads Interstate 95 CRA Boundary . j City Boundary N MENU BEA1-,-,;H Vii, f 6CRA AGENDA ITEM STAFF REPORT CRA BOARD MEETING OF: September 9, 2014 Consent Agenda I I Old Business I X I New Bushiess Public Hearing Other Approval of the Boynton Harbor Marina Dockage Agreement for FY 2014 -2015 SUMMARY: The CRA purchased the privately owned and operated Two George's Marina in March 2006 which consisted of 24 boat slips and a two story dive shop building. The purchase was made to preserve the viability of the local commercial fishing and diving industry in Boynton Beach which is diminishing because of the lack of affordable marina space due in part to the privatization of area marinas and the residential redevelopment of waterfront lands. To date, the CRA has invested over $9 million in Boynton Harbor Marina area improvements including the Boynton Beach Boulevard extension & Promenade walkway, acquisition of the marina & fuel dock facility, the slip and fuel dock reconstruction project, marina Tower entry feature project and Marina Master Redevelopment Plan design. Future marina redevelopment phases include the new Harbor Master building with public restrooms and waterfront public open space, marina open space, traffic flow enhancements and additional signage. In 2007, the CRA Board approved the use of an annual the dockage agreement along with the rules and regulations (see Attachment I) for those commercial marine tenants the CRA owned marina slips. The CRA Board approves an annual lease rate and also approves the rate of $16 per linear vessel foot. CRA staff is recommending that the current lease rate remain in effect for the proposed lease agreement. The proposed lease agreement includes additional language to support the CRA's enforcement of the 15 minute slip "loading & unloading" parking spaces. Due to the long term use of these spaces by slip tenants, customers and captains of the Two George's, operation of the marina is not functioning as intended. With Board approval, the CRA will continue to offer the fuel discount program to the Boynton Harbor Marina tenants and commercial vessels within the basin amounting to approximately $6,000 per year in discounted fuel savings. FISCAL IMPACT: None. RECOMMENDATIONS: Approval of the CRA FY 2014 -2015 Boynton Harbor Marina Dockage Lease Agreement and lease rate of $16.00 per vessel foot as well as offering the fuel discount program to the Boynton Harbor Marina tenants and commercial vessels within the marina basin. C Michael Simon, D&elopment Director T'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslSeptember 20140ockage Agreement FY 2014- 2015.doc 4C jUrbo BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY " BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT This Lease Agreement is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, herein called "LESSOR" and the undersigned boat and/or owner, hereinafter called, "LESSEE ". WAYPOINT MARINE, INC., hereinafter referred to as "Dock Master" performs any and all duties of marina management on behalf of the LESSOR. (Print all information. All blank spaces must be completed.) LESSEE'S Name BUSINESS NAME LESSEE'S Address City State Lip Phone No. Alternate Phone No. Vessel Registration No. Vessel Name: Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured annually. Power Sail Electricity: 110 220 Slip No. Lease Rate: _ 16. per foot from October 1, 2014 until September 30 2015 TDrive:Marina!Marina Uases /Annual5lip Leases /FY 14 -15 1. The term of this Dockage Lease shall be from until September 30, 2015. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. The rental shall be the sum of per month based on the lease rate of sixteen dollars ($16.00) plus 6% sales tax in the amount of $ , for a total of S per month from the time period of October 1, 2014 through September 30, 2015. Rent for the first month shall be prorated if Lease is executed after the 1" of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. There shall be a fifty dollar ($50.00) late payment fee due on all rent payments received after the past due date. An additional fifty dollar ($50.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Timely payment of rent is a material provision of this Lease and the Late payment of rent constitutes grounds for termination of this Lease by Lessor whether delinquent rent is accepted or not. Stated differently, Landlord may accept late payment of rent without waiving Landlord's right to declare a breach of Lease and terminate this Lease. 3. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water usage. The billing rate for electric and water consumption by the LESSEE shall be based on usage to the slip determined by LESSOR and calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the l of each month and shall reflect the amount of electric and water usage for the previous month. LESSEE's utility payments shall be due to LESSOR no later than the fifth day of the following month. There shall be a late payment fee of twenty -five dollars ($25.00) due on all utility payments received after the due date. 4. LESSOR shall have a lien against the above described boat, it's appurtenances and contents, for unpaid sums due for use of dock facilities or other services, or for damage caused or contributed to by above described boat, LESSEE or any individual the LESSEE allows to use the boat to any docks or property of LESSOR or any other person at the docks in addition to all other remedies available at law or in equity. 5. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSOR shall not be liable for the care or protection of the boat (including gear, equipment and contents) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. 6. This Lease is valid only for the above named vessel and LESSEE, and is not transferable to another vessel or LESSEE without the written authorization and approval of the LESSOR. This Lease does not allow for the sub - leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create a lease in favor of the LESSEE or any interest in the underlying bottom lands or real property connected with the LESSOR. TDrive :Marina /Marinal,easeslAnnualSlip Leases /FY 14 -15 T LESSEE is required to notify the Dock Master in writing if the vessel occupying the above referenced slip will be absent from the slip for longer than a thirty (30) day period. Slips left empty for longer than a thirty consecutive day period, or for twenty days in a forty five day period without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 8. This Lease shall be in effect until the end of the term unless sooner terminated in accordance with the following conditions: a. By destruction of the dockage facilities by storm, Act of God or other calamity. b. In the event Owner makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. C. LESSEE may terminate this Lease by providing thirty (30) day written notice to the LESSOR provided all rents and fees are current and paid in full. d. By breach or default as provided in paragraph 9 below. e. Late payment of rent or penalty charges. f. Failure to maintain and provide proof to Landlord of insurance coverage as required in paragraph 16 below. 9. LESSEE agrees to comply with all posted Rules and Regulations attached hereto as amended from time to time in the LESSOR's sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, this rental Lease shall terminate immediately and LESSOR may remove the boat from her mooring space at the LESSEE's risk and expense and retake possession of the mooring space. 10. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver. 11. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's vessel in danger of incurring damage to itself or LESSEE's vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove his /her vessel from the LESSOR's property and dockage facility. Any damage caused by LESSEE's vessel to the LESSOR's property, dockage facilities, LESSEE's vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he /she shall be solely responsible for maintaining a weather watch to ascertain when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove his/her vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. The undersigned Landlord hereby informs you, as required by Florida Statute Section 327.59, that in the event you fail to TDrive: Marina /Marina Leases /AnnualSlipLeases /FY 19 -15 remove your vessel from the marina promptly (time frame to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for southeast Florida including Palm Beach County, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, it shall remain the LESSEE's responsibility for all damage caused by his vessel to the LESSOR dockage facilities or other vessels. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's vessel from damage. LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dock Master or the LESSOR at the signing of this Lease. 12. LESSOR represents and LESSEE hereby confirms his/her understanding that there is no telephone or cable television service provided to the facility. Telephone service to the vessels must be by cellular phone. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dock Master or the LESSOR. 13. The LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event the LESSOR deems it necessary, in their sole discretion by providing the LESSEE ten (10) days written notification of such intent. The LESSOR reserves the right to temporarily reassign the LESSEE to a different slip in the event the LESSOR deems it necessary, in their sole discretion for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason the LESSOR deems necessary. 14. No other vessel may be placed in the water along with the LESSEE's vessel which is the subject of this Lease without the prior written consent of LESSOR. Should LESSEE have a dinghy or other similar boat on board the approved vessel, when the dinghy is not aboard the approved vessel. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the main vessels when not in use. 15. The LESSEE expressly acknowledges that the LESSOR assumes no responsibility for the caretaking or security of the LESSEE's vessel and the LESSEE shall be solely responsible for obtaining independent caretaking services with respect to his vessel. Any independent or corporate caretaker or mechanic working on a vessel must register with the Dock Master and provide copies of the business license and proof of their business insurance policy. TDrive: Marina/ MarinaLeases /AnnualSlipLeases /FY 14 -15 16. The LESSEE hereby agrees to, at all times during the term of this Lease, maintain insurance providing complete marine coverage for the LESSEE's vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Dockage Lease and at each subsequent renewal. The Dock Master and or LESSOR reserves the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the vessel at all times. 17. The LESSEE agrees to indemnify, save, and hold the LESSOR harmless for any and all liabilities, claims, damages, or losses asserted or claimed against the LESSOR arising out of the LESSEE - s use of the LESSOR's dockage facilities or LESSOR property pursuant to this Dockage Lease, as well as from any and all acts of the LESSEE, his/her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable defense costs including attorney fees at the appellate level. 18. This Lease supersedes any and all other Leases, oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and Leases between the parties with respect to such relation in any manner whatsoever. 19. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 20. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 21. It is mutually understood that the Leases and covenants contained herein are severable and in the event any of them shall be held to be invalid, this Lease shall be interpreted as if such invalid Leases or covenants were not contained herein. CERTIFICATION AND WAIVER OF PRIVACY: 1, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. 1 further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. Mrive; Marina /Marinal.eases /AnnualSlip Leases /FY 14 -15 I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the vessel. I waive my rights under any privacy laws, and give my consent to the LESSOR, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. 1 hereby give permission to the LESSOR its agents to take photos of myself, my invitees, and/or my vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. Date: LESSEE Signature *: Print Name Date: LESSEE Signature*: Print Name *If Lessee a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Date: By: ........ l'itle: TDrive:Marina /Marina Leases/AnnualSlipLeases /FY 14 -15 11owbor EXHIBIT A .s BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR docks, the following rules and regulations are provided for your protection. LESSEE is required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dock Master. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 1 Pets shall be leashed within the confines of the LESSOR property. Pets permitted only if they do not disturb other LESSEES and guests. 4. Under no circumstances will live- aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dock Master of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags TDrive:Marina/Marina Leases /AnnualSlip Leases /FY 14 -15 and disposed of in the on -site dumpster or taken to your place of residence or legal off - site disposal location. 7. Under no circumstances shall sewage be disposed of into the marina basin. Sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. S. Noise shall be kept to a minimum at all times. Patrons shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. 1.. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. fu- 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dock Master and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel powered vessels from fuel trucks, portable cans or containers shall be prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 1. 4, The LESSOR reserves the right to limit and govern all nsarina parking spaces in the LESSOR parking areas as described iwu. "E xhibit B" . The Boynton Harbor Marina slip 2Lyace,s g:1 ated asu "' loading and unloading only°' ar the for the ex pressed ,end exclusive use of the LE SSOR and LESSEE the hours of 6am to 0 n �ev°en days a week. t ' bese spaces shall be limited to use on a 15 minute only basis for the sole P urpose of the " loading and unloading "' of the LESSEE's supplies, patrons and crew. - -NO LONG TERM PARKING WILL BE ALLOWED in this location. The iv>ly',SSOR reserves 1Ih right to tow or remove any vedele wwhich is fa !1!1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . violation qA the p as wt �� l t ....th g p r�ttraid)h. Overnight or long term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dock Master and Marina Village Property Manager our t he vehicle will he waived bw , Marina Vilta e Mamer Associ Please contact the Dock Master for instructions on obtaining the required overnight parking pass. 15. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSOR's vehicle. 16. Violation of the above rules and regulations, disorder, or indecorous conduct by any patron, or his/her crew or guests, that might injure a person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from the basin of the boat in question. TDrive :MarinalMarinaLeases/AnnualSlip Leases /FY 14 -15 LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE: Da e: LESSEE: Date: Mtive: Marinal Marina Lea ses /AnnualSlipUases /FY 14 -15 Exhib is i 4 d t r iw 1, t (f�t 't I I p �h 4 i WL ��It{ + - r'i`'' J� S'�°1 Ift i 1 S e fftt `` { 1, r,. a t t� Vl ,rrs '1 t�J'�- } N l e , - a e TDrive:Marnia /Leases &Rents /FY2014 -2105 BOYNK Ni = I CRA BOARD MEETING OF: September 9, 2014 I Consent Agenda I I OldBusmess IX I New Business I I Legal I I ter SUBJECT: Consideration of Subordination of CRA Third Mortgage requested by Bank of America, N.A. regarding a CRA HAP grant given to Arden and Sandra Gayle and secured by the real property located at 709 NW 2 nd Street, Boynton Beach, FL. SUMMARY: On November 14, 2008, the CRA and Arden and Sandra Gayle entered into a loan agreement for a 30 year deferred payment loan of $50,000.00 issued under the guidelines of the Homebuyer Assistance Program ( "HAP "). To secure the loan, Mr. and Mrs. Gayle executed a Third Mortgage in favor of the CRA which was recorded in Official Records Book 23084, Page 517 -519 of the Public Records of Palm Beach County, Florida ( "CRA Loan "). Mr. and Mrs. Gayle's property is encumbered by a first mortgage in the original principal amount of $161,986.00 in favor of Seaside National Bank. The property is also encumbered by a second mortgage in the original principal amount of $13,000.00 in favor of the City of Boynton Beach. The Gayles have applied for the refinancing of the first mortgage with Bank of America, N.A. Bank of America, N.A. has made a request to the City and CRA to subordinate their mortgage liens to Bank of America, N.A.'s loan agreement in the amount of $150,722.00 dollars. The City is requesting approval from the Board of Commissioners to subordinate their 2 " mortgage at the next City Commission Meeting on September 16, 2014. The Gayles are refinancing for the purpose of lowering their interest rate and monthly mortgage payment. The Gayles are not receiving any proceeds from the refinance of their first mortgage. The Subordination Agreement will be prepared by the CRA attorney once the CRA Board has approved this item. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Homebuyer's Assistance Program RECOMMENDATIONS: Approve the subordination of the CRA's Third Mortgage and approve Chair Taylor to sign the subordination agreement once it has been prepared and provided by the CRA's attorney. Michael Simon Assistant Director Utterback, Theresa From: Julia L. Jennison <jennison @Ilw- law.com> Sent: Wednesday, August 27, 2014 4:38 PM To: Utterback, Theresa Cc: rich.klein @bankofamerica.com; Brooks, Vivian; Simon, Michael; Tara Duhy Subject: RE: Boynton CRA - Gayle Subordination Hi Theresa, 1 did see the property appraiser information too! The reason I mentioned the appraisal is that the policy which was provided to me (City of Boynton Subordination policy) appears to require an appraisal for subordinations. I am not sure how concerned you are with following the policy. Since the CRA will in essence be in the same position once it approves the subordination (as a 3 rd mortgage) that it is currently in, it is probably a moot point. It appears that no other facts have changed since the CRA initially gave the mortgage -- relative to the property value. With that said, I believe a review and possible changes to the Subordination policy may be necessary to address similar situations. Julie. From: Utterback, Theresa [mailto:UtterbackT @bbfl.us] Sent: Wednesday, August 27, 2014 12:30 PM To: Julia L. Jennison Cc: rich.klein @bankofamerica.com; Brooks, Vivian; Simon, Michael; Tara Duhy Subject: RE: Boynton CRA - Gayle Subordination Sorry, here's the PAPA info. Theresa Utterback, Administrative Services Manager Boynton Beach community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561 - 600 -9094 1 f: 561- 737 -3258 YJ ,. C nom Like us on Facet America's Gat y to the G uffstream The information contained in this transmission may be legally privileged and confidential. It is untended only for the use of the recipients) named above. If the reader ofthis 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. Ifyou have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. Fromm: Utterback, Theresa Sent: Wednesday, August 27 201412:25PM TO: Iro Cc: BnonksVivian;Shnun Michael; Tara Duhv Subject: FVV Boynton CRA Gayle Subordination Hi Julia: Please see the banks response below. | have attached the PAPA info your convenience. Of course, it's below market price and even adding ZO% only brings ittoa little over $10C\0OO. Please advise like � agenda for the [RA Board todecide. Theresa Utterback Administrative Services Manager Boynton Beach Community Redevelopment Agency 710N. Federal Hwy. | Boynton Beach, Florida 33435 o: 561-600-9094 1 /:561'737'3%58 WO.BEACHICRA Like us an Face book 91 NMI== America's Gateway to the Guffstmram The inform contained in this transmission may be legall privile and confidential. It is intended onl the use ofmemoip/,m'Ay named above. 0'me reader w'thu meoagemumm"�^mx��az�au^�wumoenuy^m*��mu/pmmm+m/m�mmmm/�uu^u�""v" and m�uw,umomvmux^�uw�onwvx.m'cmy/«xw'm� mmmuv/mam* strictl prohibited. #''nn have received this mmmxvica/ionm error, please notify the sender immediatel / reply email and delete the message and all copies of it. From: Klein, RiCh Y Sent: VVmdnesday,August 27,2O1412:14PM To: Utterback,Thmnosa Subject: RE: Boynton CRA - Gay|eSubordinadon Note if someone is scanning these erna ils —the person receiving these emails cannot open secured emails, Because this was an FHA streamline, no appraisal or even an AVM was performed. A way of verifying the property value could be the property assessment done by the county for their tax rolls. That is one way you can come up with a value. Rich Rich Klein OperatlonsAna|yst — Subordinadonm Mortgage Operations SOpport - Subnrdinatious Mortgage and Affiliate Services Bank of America, 2 TX2-972-04-02. 6400 Legacy Drive, Piano TX 75024 T:# 972-244-7562 Rich.Klein&BankofArnerica.Corn A centralized phone number has beers net up for Subordinatiom, general inquiries - 877-552-0340. Our hours of operation and phone coverage are Monday through Friday from 8 a.m. to 7 p.m. Central Standard Time. Life's better when we're connected"m Bank of America ` From: Utterback, Theresa [rnailto.Utt 9�Lb erb rd - .-ar-kIibbfIUs] Sent: Wednesday, August 27, 2014 11:06 AM To: Klein, Rich Cc: Brooks, Vivian; Simon, Michael; Ugnnison( Subject: FW: Boynton CRA - Gayle Subordination Rich Please review our atty's suggestions and send me over the appraisal. Theresa Utterback, Administrative Services Manager Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561-600-9094 1 f: 561-737-3258 U't r erbac LUI (,a, bbf , tal i: I. o n . �co rn I www,catchb BcryrqTON ":EACH RA Like us an Face book l] America's Gateway to the Gulfstream The information contained in this transmission may be legallyprivileged and confidential. It is intended only the use of'the recipient(s) named above. If the reader qfthis 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'ihis communication is strictly prohibited. Ifyou have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. :Julia L. Jennison [p .3,0to:l jennison,C Sent: Wednesday, August 27, 2014 11:52 AM To: Utterback, Theresa Cc: Tara Duhy Subject: Boynton CPA - Gayle Subordination Hi Theresa, As we discussed on the phone, I have reviewed the Gayle Subordination documentation that was provided to us via email and I have the following comments: 3 1. The City of Boynton Beach — Community Improvement Division Subordination Agreement Policy ( "Policy ") which was provided for review requires the following information and documentation: a. A legal description of the property. The legal description is included on the Title Commitment. b. A copy of an appraisal be provided. I don't see that one has been provided. In order to satisfy the Subordination Agreement Policy, you should request a copy of the appraisal for the property. The Policy states the party requesting the subordination must provide the Community Improvement Division with a copy of an appraisal of the property. If no appraisal is provided, it would appear that a variance from the Policy would be required. c. A copy of the title commitment requesting or requiring subordination. The title commitment was provided and it identifies the Boynton CRA 3 rd mortgage as an exception to the title policy. d. A copy of the lenders Good Faith Estimate ( "GFE "). A copy has been provided. e. A copy of the lenders 1003 form or equivalent (Uniform Residential Loan Application). A copy has been provided. 2. Additionally, the Subordination Policy requires that subordination be granted only where the purpose is a refinance at a reduction of terms and rate or for a second mortgage for necessary home repairs or reasonable improvements to property. The Gayle's loan application identifies the purpose of their refinance as being for reduction of terms and rate. Their original mortgage was for $161,000, the amount of the new loan is $150,722. Therefore, the Gayle's appear to be simply refinancing their original mortgage and meet the Policy's guidelines and criteria relative to loan purpose. In regards to the appraisal, it is noted that while banks typically require an appraisal for a refinance, don't see any cost related to an appraisal on the Good Faith Estimate that the bank provided. This may be because on their loan application, the Gayle's stated that the 'original cost" of their property was $223,000 and the "amount of existing liens" is $150,707. Based on these statements, the bank may be assuming there is enough equity there to satisfy the new mortgage in the amount of $150,722. The loan application document is a little misleading as the 2" and 3 rd mortgages have been excluded from the "amount of existing lien" calculation. This may simply be because they are only refinancing the original mortgage. However, neither the Boynton CRA 3 rd mortgage nor the City of Boynton 2 nd mortgage are identified anywhere on the loan application and therefore are not figured into the current/future debt service of the borrowers. This omission may also provide an inflated expression of the equity in the property. Given the fact that no appraisal has been provided, and the 2 nd and 3 rd mortgages do not appear to figure into the bank's determination of the Gayle's ability to pay their new loan, I would caution the CRA not to go forward with the subordination until you have received and reviewed an appraisal for the property, or otherwise made a valuation determination. Lastly, it should also be noted that the CRA's mortgage is currently a 3 rd mortgage. With the requested subordination, the CRA's position will not change - you will still be in 3 rd position, subordinate to the refinanced mortgage in the same manner that you are currently subordinate to the existing 1 st mortgage. So bottom line is that nothing changes with the subordination. However, if you are concerned with following the City's policy as outlined above, I would still recommend asking for a copy of the appraisal. Please call or email me if you have any questions. 4 Sincerely, Julia Jennison Shareholder Lewis, Longman 8r Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 liennison@liw-law.com (t) 561.640.0820 (c) 561.762.4730 (f) 561.640.8202 vard l Website I Bio Lewis, Longman & Walker, P.A. is proud to be an ABA -EPA Law office Climate Challenge Partner. Think before you print! 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. This message, and any attachments, is for the intended recipient(s) only, may contain information that is privileged, confidential and/or proprietary and subject to important terms and conditions available at If you are not the intended recipient, please delete this message. 5 111! NI 111111111111111111 il 11111111111111111111111 CFN 200q�-)00541' CIR 8K 23Q)84 FIG 01 I'Rf-,PAkl-.D RV- RECORII)ED 02716/2009 09-:41,53 Name Michelle Stone Palm each Courity, Florida MIT 161, 98& 910 Address; Seaside National Bank & Trust Deed lit 567. 210 201 S Orange Avenue, Ste 1350 ITA - 323� 97 Orlando FL 32801 Shay on R. flock, CLERK & U01FITROLLER t , s,, 0495 - 502; t Brigs ) MERIDIAN INTERNATIONAL TITLE SERVICES 25 SEABREEZE AVENUE, STE 200 DELRAY BEACH FL 33483 lSpacc Above l - his Lhic For RLcording Dakal MOR"rGAGE I Fl Ci\SE NO jN,I]N:100029500030298685 -0961456-703 fl THIS MORTGAGE (" Security Instrument") is given on February 04, 2009 The mortgagor is Arden M Gayle and Sandra K Gayle, husband and wife ("Borrower"). This Security 1ti gj , ejj to Niortgage Electronic Registration Systems, Inc. ("NIERS"). MERS is a separate coij)oraiiort that is acting solely as nominee for Lender and Gender's successors and assigns. MERS is the mortgagee Linder this Security Isis tru rnenj. MERS i.s organized and existing under the laws of Delaware, and has an address and telephone number of P.O Box 2026, Flint, W 48 -2026. tel, (889)679 -MFRS, Seaside National Bank & Trust L,end er") is organized a n d e x i I i n g- under the laws of FL and has an address of 201 S Orange Avenue, Ste 1350, Orlando Fl- 32801 Borrower owes Lender the. principal sum of One Hundred Sixty One Thousand Nine Hundred Eighty Six and noll 00 Dollars (US, 5161,986.00 This debt is evidenced by Borrower's note damd the same date as this Security Instrume ("Note"), which provide~ for monthly payments, with [lie full debt, if not paid earlier, due, and payable on February 01, 2039 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, - with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instritment; and (c) the perfort of Borrower's covenants and agreernenu., under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey m MERS (SDIe1Y as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of VIERS the following described property located in Palm each County, Florida: 1:1.0111 DA 111A MORTG.,401--' 6196 MERS ITEU 9702LI 107NP d �i� d� �i it I �f l�� I i �C � ll� !r I C �I 11T 1H 1111 T9702 9 1 0000-, '0242053029868' See Attached Exhibit A. which has the address of 709 SW 2nd Street [Strc,Q Boynton each Florida 33425 ("Property Address"): Icily) [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also he c.overed by this Security Instrument. Ali of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to uornply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise tiny or all of those, interests, including, but not limited to, the 6.011t to foreclose and sell the Property; and to take any action required or Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and dorriands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a unifonnseL:urity instrument covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal (if, and i oil the debt evidenced by the Note and late charges due under the Note. 2, Nlonthly Payment of J'axes, Insurance, and Other Charges, Borrower shall include in each monthly payrnem, together with the principal and interest as set forth in the Note and any htit charges, a sure for (a) taxis a sp eciij i assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) prerniums for insurance required tinder paragraph 4. In any year in which the Lender must pay a niortgage insurance prenliurn to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such lirrinium would havc been required if Lender still held the Security Inst•urnant, each monthly payment shall alsn include either: (i) a ,urn for the annual rnartgage, insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead or a rricirrgat!e i[ISUri,inct prernium if' this, Security Instrument is held by the Secretary, it) a reasonable amount to be determined by the Secretary, Except for the monthly charge by the Secrer.xry, these items are called Escrm. - Items" and the stun, paid to Lender are called "E,crmv Funds, Lender may, at any time, collect and hold amounts for Escrow items in an aggregate amount iiol to exceed the: maximum amount that may be required for Borrower's escrow account under the Real Estate. Settlement procedures Acz of 1974, 12 U.S.C. e 2601 et seq. and implementing regulations, 14 CFR Part 3500, as they may bc amended From time lo time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disburscments befci the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance PMMiLflln. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender ,,hall account to Borrower for the excess funds as required by RESPA. If the amounts of Funds held by Lender at any time are nor sufficient to pay the Escrow Items N•Ilten due, Lender may notify tile Borrower and require borrower to mike up the ghonnuc as permitted by RESPA. FLOM DA FRIA MORTGAGE MFRS ITEM 9702 1 L.2 10709; fpdou 2 of 71 The Escrow Fund are pledged as additional Security for all sums secured by this Security Imtruirient. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance rernaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower, Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premi um; SECOND, to any taxes, special assessrneDts, leasehold payments or ground rents, and fire, flood and other hazard insurance prenalurns, as required; TH I RD, to interest due under the Note; FOURTH, to amortization of the principal of the Note; and FIFTH, to late charges due under the Note, 4, Fire, Flood and Other Hazard Insurance, Borrower shall insure all improvements on the Property, whether nov% in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance.. This insurance shall he maintained in the amounts and for the periods that Lender requi re-s. Borrower shall aho insure all improvements on the Property, whether now in existence or subsequently erected, against lo by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a fw-m acceptable; to. Lender. In the event (if loss, Borrower shall give Lender immediate notice by maii. Lender may make proofol' loss if not made promptly by Borrower. Each insurance COMpans concerned is hereby authorized and directed to snake r)aYn for such loss dir to Lender, instead of to Borrower and to Lender jointly, All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness Linder the Note and this Security Instrument, first to Lilly Minquent airiounts applied in the order in paragraph 3, and then to Prepayment of principal, or (b) to the restoration or rtf1mil of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone die. due, date or the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess intiurdnce proceeds over an amount required to pay all outstanding indebtedness under the Note arid this Security Instrument sh-,111 lie paid to the entity legally entitled thereto. In the event of foreclosure of this Security instrument or other transfer of title to aic. Property that exting th indebtedness, all right, title and interest of BotTooer in and tO insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Applicathin; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue t<r occupy the Property as Borrower's principal residence for at least one year after the date Of occupancy, unless Lender deterrnines that requirement will cause undue hardship for Borrower, or unless extenuating circurnstances exist which are beyond Borrowers control, Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage, or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonablc, action to protect and preserve such vacant or abandoned Property, Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statement to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including- but not Ifinhp-d to, representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title iLl the P the leasehold and fee title shall not be merged unless Lender agrees, to thb merger in writing. 6. Condernnatian, The proceeds of any award or claim For damages, direct or consequential, in connection with any condemnation or oiller fakirs! of any part of the Property, or for conveyance in place of condemnation. are hereby Vissigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the. Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to -ally delinquent amounts applied in the Order provided in paragraph 3, and then to prepayment ofprincipal. Any application (if f the proceekk to the principal sFuill not extend or posrpoiie the due dat of th jil (p l ad Y paYniern,-:, %6ich ar FLORIDA H 1A AJORTGAGE IT EM P70213 !0709i 3 t'd 7) referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Ins(Toment shall he paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay those obligation-, on lirne directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails io perform airy other covenants and agreements contained in this Security InstrurnenL, Or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation Or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lendcr's rights in the Property, inciuding payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument, These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall he immediately due and payable. Borrower shall promptly discharge any lien which his priority over this Security Instrument unless Borrower: (a) 8gMV4 in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in goad faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement &atisfaotory to Lender subordinating the lien to this Security instrument. if Lender determines That any part of the Property is subject to a lien which may attain priority over this Security Instrument., Lender may give Bon a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Dees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Derault. Lender may, except as limited by regulations issued by the Secretary in the case of payment default;, require immediate payment in full of all sums secured by this Security Instrument if (i) Borrower defaults by failing to pay in full any monthly payment required by this Security instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, il"permiatd by apl law (including section of the Garry -St. Germain Depository Institutions Act of 1982, [2 U S.C. 1701i-3{d)) and with the prior approval of the Secretary, require immediate payment in full of all suns secured by this Security instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is ;old OT otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser Or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with tfic requirements of the Secretary. (e) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations or If UD Secretary„ Iri many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclo se if not paid. This Security Imarurnen does not authorize acceleration or foreclosure if not permitted by regulations of thc Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within eight months from the date hereof, Lender may, at its option require immediate payment in full of all surns secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to eight months from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance prei to the Secretary, M Reinstatement. Borrower has a right to be reins(atud if Lender has required inllflediatC PaYDICTIE in 1 1 1111 bdCZkUqe C)f BDTT0%Ve3 Failure to pay an amount due under the Note or this Security Instrument, This right applies even after forecloiUre proceedings are instituted. To reinstate the Security tristrurnent, Borrower shall tender in a lump sum 211 arnOUntS required to FLORID,\ FHA NIORTGAGli MERS ITEM R7 21-4 WWI 1 7e bring Borrower's account current including, m the extent t are ob/igu umu,mornwer tinder this Security |mnmmom, foreclosure costs and rmononNe and costoznary attorneys' fees and expenses mopvirly associated with the forec|u,u,: proceeding. Upon reinstatement by Borrower, this Security |msurvrn*mt and the obligations that it secures ,hnU remain in e8iec/ms if Lender had not required |rnmedixte payment in hnU. However, Lender im not required to pczmhreinsmtmnnnt it (i) Lender has accepted m,inauccmcot after the wnrnmenormco/ of foreclosure proceedings within two years immudia/civ v,eceding the uvrnmemcevmn/ "fa current 8orooioavM n,oxceding. (ii) reinstatement will preclude fon:o|wurt on di8o,cn, grovndsio tile future, mr(ii|)reinstatement will adverselv affect thepriority of the lien created by this Sccur4y Instruillent. Ill. ounn°c, Not Released; Forhvomno° by Lender Not u vvaiwcc Extension of Uu drilt of [aymon/ or mudi6cmip" of amortization Of fhC sums secured by this S,mri|y Instrument granted by Lender to any sv000*,mr in inte,,w of Borrower nhnU not operate m re|umow the liability of the original Borrower or Borrower's s000caunrs in in/e,mu/. Lender shall not be required to commence proceedings against any enouaser in |atxr:m or refuse to extend time for payment Or mhm,°ixe modify unnuilia#ion of the sums secured by this Security Instrument by reason of any demand made by the original BonrwivnrorBorrower's successors in interest. Any forbearance by Lender in exercising any right nr remedy shall not lie o waiver ofo,preclude the exercise of any right o,n,mcdr. 12. So,ce""v,vvnJ Assigns Bound; Jnint and Several Liability; Co-Signers, The covenants and *greomom*o{/his Security �nmrum=w shall bind and hemufi' the pu"crsovm and assigns of Lender and 0n,rov'n,, xv�juoA to the nrorixiuoy o f porngf v(k). Bonower'm covenants and agreements shall be joint and scvnmi Any Borrower who co-signs [his socvrit% Instrument but does ou/ execute tile Note: (o) is co-signing this Security |nu/,ummnxmnh to mvr/�ngc. grant and convey ,ho/ Bor in�r�tio�ePmpe�yv � �m� � 0 nd^���mf��ia�=o� secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agrre to extend, modify, forbear or make any uccurnnomdnhono with regard to the terms of this Security )nuuvmrn( or the Note without that Borrower's Consent, 13. Notices, Anxnm6Co to Bor provided for in this Security 1oatmnmenc shw|| he given by delivering it or b mailing it by first class mail unless mpp|icub|e law nqoiuu use ofmrotbxr method. The notice *h�a|| be directed to the P,opu,ry Address or riny other address Borrower designates by notice to Lender, Any notice to Lender shall be given by first cl.lis inail to Lender's address stated herein or any uddn,w Lender designates by uudc* to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law, S*veruWVuy. This Security |o*uomrnt ehuU be governed by federal law and [h* law of the jurisdiction in which tire Property ialocated. In the, event that any provision wr clause of this Security /nxxum:n/or OIL Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or tile Note which earl be given effect without the conflicting provision. To this end the provisions of this Seond,Y Instrument and the Note are Jrcl^,vJ /oh*severable. IS. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Insirument. M Hazardous Substances. Bno*wn,sha)l not cause o, permit the presence, use, disposal, storage, or release uf any � Hazardous Substances on or in the Property. Borrower shall not do. ooraU M ow nnyoo�o|yu �o�o. vn��hio� o^ctinethc Property that is in violation of any 6ori/un/oenm| Law. The preceding two sentences uhaU not upp|y to U`r yrcxenoe, use, m v`oraxn"n the Property of small quantities mf Hazardous Substances that are generally recognized /obe appropriate to. nv,mu7 ccsNentioy uses and m maintenance afthe Property. Borrower shall promptly give Lender vvri/teo notice myany inv^sbgmimn, claim, demand, lawsuit or other action by -any 8nvemnnunm| nr regulatory agency or private party involving the Property and any ;luz,,dvux Substance urEn"i,on/ncnw| lnwpfwhioh Borrower has actual knowledge, 7f Borrower learns, ^rix notified by any govemmmnialvrogu}mlu,yauU`vr|ty. ;Any that nx removal or other ,enediu6pn of any Hazardous Substances affecting the Property in ueomsury. Borrower shall pnnmpUy Iakca)| necessary remedial mc6mox in accordance with Environmental Law. As used in rhi.q paragraph 16, "Hazardous Substances are those substances defined as tomc or hazartious submance" by Environmental Law and the f'ollowin& subucunoco: gusohnx, kccvsnnc, n,b=r flammable or toxic peon|ovm vrnUonx, mxic pesticides and hmrhicides, volatile solvents, materials containing asbestos m 5unno|dehxde and radioactive materials. As umd in this paragraph 16. ^En,irvnnaemmi Low" mean. federal laws and laws nf (lie jurisdiction where, (lie Prnncs/ is |ormod /hmL ,r|atr tohonh|/, safety o,cnvi,onmcnta| pm,cction. 'NON - S. �n,mwcra^6 Lender fbnhorcovpount and °grm,mofollows: 17. A*v/uu'nnn/ mrRCoM 8vUoWcr unconditionally usx/mos and /mnxhrotaLendvrail ,|w rents and ,r,enum"fchu rmpmxy. Bo autho Lender or Lvndrr', og^ots m c [lie rrotx and rnvenvr, and hereb �Iirer/^ cmch /cn,nt o[ ,he P,npe to pay the rcnts m lktnder or Lender's uxo`*, However prior m Lender's notice to B o[uo=oww', FLORIDA mAMORTGAGE mou ^,=v°�~ "euw�o�w/�) ^��' ' — (Po ^D10 h reach of any ecivellaIlt 01' agrcement in the Security I nsirurnent, Borrower shall coil cc Ian and receive alt rent and revenue,', 01 the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment at)([ not an assignment lor additional security only. I f Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee J`OT benefit of Lender only, to be applied to the surns secured by the Security Instrument (b) Lender shall be entitled to colleci, and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents clue and unpaid KO Lender or Lender's agent on Lender's written demand to the tenant. 1301TOWer has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17, Lender shall not be required to other upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any apilk@tiOrl of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full, 18. Foreclosure Procedure. If Lender requires iminediate payment in full under paragraph 9 Lender may foreclose this Security InstrGivenc by judicial proceeding, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, eklSonable attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke nvoke the nonjudicial power of sale provided in the Single. Family Mortgage Foreclosure Act of 1994 ("Act") (12 U S.C. 3751 el seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the, Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary cif any rights otherwise available to a Lender under this paragraph IS or applicable law. 19. Release, Upon payment of all sums secured by this Security Instrument, Lender , ;hall release this Security Instrument, Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging o € the 1 is perrnitted under applicable law° 20, Attorneys' Fees. As used in this Security Instrument and the Note, attorneys' fees shall include those awarded b} an appellate. court and any attorneys' fees incurred in a bankruptcy proceeding. 21, Jury Trial Waiver, The Borrower hereby waives any right to a trial by jury in any action, f)rOCCe t OI L counturclairn, whether in contract or tort, at law or in equity, arising out of or in any way related 10 this Security h`I.qrLIn)e0Z or the Note. 22. Riders io this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall. amend and suppleimilt the covenants and agreement of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check 2 1 3 T ) Iicqhle bOX(es)]. . .............. Condominium Rider Graduated Payment Rider ED Growing EqUit', Rider J Planned Unit Developi Rider Adjustable Rate Rider Rehabilitation I-cian Rider F71 Non-Owner Occupaiiev Rider Other [Specify] FLORIDA I HA MOR f - GAGE MERS ITPO V702LL BY SIGNING BELOW, Borruwtr accepts and agrees to the terrns contained in pages I through 7 of this Security Insialtrient and in any rider(s) executed by Borrower and recorded with it, Arden M Gayle -Borrower Sandra K Gayle 12 Crossing Circle, Apt. H 12 Crossing Circle Boynton Beach, FL 33435 Boynton Beach, FL 33435 A 1/ } 'de Ve H d .................. ......... ....... ................ . . . ......... .......... Ae'ss W11 State of Florida County of PNur, The foregoing instrument was acknowledged before me this L A day of who is personally known to me or who has produced Rs ideritif]Cbtirl7l. ry —5:0 t"'Mjr� MA AV t� 1-1,()K'I[)A FHA MORYGAGE MERS ITEM 9 [ OVOL?. (Pi 7 (1 1 ?d Exhibit A Lot 181, Block C, BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm 13eacl► County, Florida. parcel Identification Number 08-43-45-21-07-003-1810 File 08-o54 DoubleTimeP, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: September 16,2014 Ej OPENINGS El PUBLIC HEARING OTHER CITY MANAGER'S REPORT ❑ ANNOUNCEMENT$IPRESENTATIONS UNFINISHED BUSINESS NATURE OF El AGENDA ADMINISTRATIVE Ej NEW BUSINESS ITEM CONSENT AGENDA LEGAL BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R14- Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Arden & Sandra Gayle of 702 S.W. 2` Street, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. EXPLANATION F ST: Subordination is, by definition, the acceptance by a lender in first position on a mortgage of new charges, claims, or mortgages on a given property. In subordination the original lender loses its first, or priority position on the property and becomes the subordinate to the new charge, claim or mortgage. In this case, Arden & Sandra Gayle purchased their home through the City's First Time Homebuyer Program in 2009; their current mortgage was financed at that time with Seaside National Bank & Trust for $161,986 at 6.00 %, maturing in February of 2039. The Arden's want to refinance their home to a current 30 year, conventional mortgage in the amount of $150,722 at 4.75 %. This will reduce their monthly payment by $116.31. The Boynton Beach Community Redevelopment Agency (CRA) holds a third mortgage in the amount of $50,000; their request for subordination of this mortgage was to be placed on the CRA's September agenda. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect to City programs or services; the Arden's are merely taking advantage of a provident situation to lower their housing costs. FISCAL IMPACT: There is no fiscal impact, as the City's mortgage will retain second position. However, with today's financial climate, there is no assurance that the Arden's will be able to get this rate and term without acting as soon as possible. ALTERNATIVES: Not to subordinate the mortgage. i his instrument was prepared by; c F Iq 2 00 S1 41 0 5 4 - -1 — 5 The City Of Boynton Beach OR BH 23084 FIG 050D Post Office Box 310 RECORDED 02/18/2009 09 ; 4 � :53 Boynton Beach, Florida 33425-0310 P21m Beacli Courity, Flccridla Return to: Community Improvement AMT 13,000.00 Dec-d Doc 45. 50 Sharon R. Back, CLERK & CUMPTRFULLER PqS 050 - 513; (1111gs) SECOND MORTGAGE AND SECURITY AGREEMENT THIS SECOND MORTGAGE AND SECURITY AGREEMENT ("Mortgage"), made this Fourth day of Februaa, 2009 between Arden M. Gayle, a married man, and Sandra K. Gayle, his spouse, whose post office address is: 12-H Crossing Circle, Boynton Beach, Florida 33435 (hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, as Mortgagee and Secured Party, whose post office address is. 100 East Q LEp Beach, Florida 33435, (hereinafter called the "Mortgagee"), W I N E S S E T H: WHEREAS, Arden M, Gayle, a married man, and Sandra K._gRyLe, �his s e, is justly indebted to the Mortgagee in the principal sum of Thirteen Thousand and 00/100 Dollars ,J1q,Q00.00) as evidenced by a certain Promissory of ("Note") of even date herewith, executed by and delivered to Mortgagee, payable according to the terms therein provided, and by reference being a part hereof to the same extent as though set out in full herein; and WHEREAS, this second mortgage is an interest-free deferred payment loan instituted under the City of Boynton each SHIP Program in which the Mortgagor holds the note and mortgage, and the loan will be paid upon the sale of the property if sold short of the term of the first mortgage or upon Mortgagor's default. NOW THIS INDENTURE WITNESSETH, to secure t performance and observance by Arden M. Gayle and Sandra K. ale of all the covenants, conditions and agreements in the Note, this Second Mortgage, and any other instrument, agreement or document collateral to or executed or delivered in connection with the loan transaction, (collectively the "Loan Documents"), and in order to charge the properties, interest and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of TEN ($10.00) DOLLARS paid by Arden M. Gayle and Sandra K. Gayle and for other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the Mortgagee, its successors and assigns forever; V_�_O_c'zo Nleridimi International Title 25 Seabreeze Ave., 42 02 Delray Beach, FL 33483 ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"), more particularly described as follows: Lot 181, Block C, BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Pam Beach County, Florida. Property address: 709 N.W. 2 nd Street, Boynton Beach, Florida 33435 PC N: 08-43-45-21-07-003-1810 TOGETHER WITH all lands, buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with the operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf; TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Mortgagor in all trade names and trademarks hereinafter used in connection with the use of the Mortgaged Property, and (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor hereby grants to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal property described herein, This Mortgage is a self-operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code_ Pa ge 2 of 11 ARTICLE ONE PARTICULAR COVENANTS OF MORTGAGE 1.01 Performance of Note and Mortgage, The Mortgagor will perform, observe and comply with all provisions hereof, of the Promissory Note (hereinafter referred to as "Note ") secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee the sum of money expressed in the Promissory Note with interest thereof and all other sums required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the Mortgage on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments. The Loan secured by this mortgage shall be paid to the Mortgagee without interest upon sale of the property and shall be for the term of the first mortgage. If the property is not sold prior to the expiration of the first mortgage, then the loan shall be fully forgiven and nothing shall be owed. 1. 02 Warraty of Title. The Mortgagor covenants that it is indefeasibly seized of the Land in fee simple, has good, marketable and absolute title to the Mortgaged Property and has full power and lawful right to convey and mortgage the same in the manner and form aforesaid. That the Mortgaged Property is free from all encumbrances except taxes for the current year a first mortgage in favor of Seaside National Bank and Trust and its successors, and any other permitted encumbrances. The Mortgage hereby makes further assurance to perfect fee simple title to the Land in the Mortgagee as may be reasonably required. The Mortgagor does hereby fully warranty the title to the Mortgaged Property against claims of all persons whomsoever. 1.013 Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property, insured against loss by fire or other hazards, casualties, and contingencies, including but not limited to flood, in such amounts and for such periods as may be required by Mortgagee, and to pay promptly when due, all premiums on such insurance policies or renewals. 1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof, either temporarily or permanently), the entire indebtedness secured hereby shall at the option of the Mortgagee become immediately due and payable if the Mortgagee in its sole discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all compensation, awards, and any other payments of relief therefore and is hereby authorized, at its option to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting therefrom all its expenses including attorneys' Fees, may release any monies so received by it without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims, rights of action and proceeds as the Mortgagee may require. Page 3 of 17 1. 05 Expenses. Mortgagor shall pay, or reimburse Mortgagee tor all costs, charges and expenses, including reasonable attorneys fees, including appellate proceedings, and disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action, proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party defendant because of the failure of the Mortgagor promptly and fully to perform and comply with all conditions and covenants of this Mortgage and the Note secured hereby, including but not limited to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged Property, or any action to protect the security thereof. All costs, charges and expenses so incurred by Mortgagee shall become due and payable whether or not there be notice, demand, mand, attempt to collect or suit pending. The amounts so paid or incurred by Mortgagee, together with interest thereon at the default rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be secured by the lien of this Mortgage. ARTICLE TWO DEFAULTS 2.01 Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean any one or more of the following events: (a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period of ten (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot be cured within such ten days, the commencement of such action to cure the default and the diligent and continuing effort to cure same shall be acceptable. (c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future federal, state or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if, within the thirty days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not have been vacated, Page 4 of 11 (d) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (e) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. (f) Any default under any mortgage superior or inferior to the Mortgage, (g) Any modification of any mortgage superior or inferior to the Mortgage, increase in the amount outstanding under any superior or inferior mortgage, whether pursuant to a future advance agreement or otherwise, or waiver of any principal or interest payments on any note or mortgage superior or inferior to this Mortgage, or release of any guarantor or modification of any guaranty affecting any superior or inferior mortgage. (h) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents, 0) Any action prohibited by paragraph 3.01 infra. 0) If the mortgaged property is sold, transferred or refinanced prior to the expiration of the first mortgage or any prior mortgage the entire amount of the loan shall be returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program. (k) Upon the homeowner(s) death, provided that the new owner is not income eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the primary residence of the new owner. For the new owner to be eligible, he or she must set up primary residence in the dwelling within a reasonable time and be income eligible under SHIP guidelines. If the new owner Is not eligible, the loan shall be due and payable to the Mortgagor. (1) Lease of any portion of the mortgaged property to a third party. 2.02 Acceleration of ari. If an Event of Default shall have occurred and be continuing, the Mortgagee may, at its sole option, declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note, Page 5 of 11 2.03 Mortgagee's Power of of If an Event of Default shall have occurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the Note or the performance of any term hereof or any other right (b) to foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction, and (c) to pursue any other remedy available to it, all as the Mortgagee shall deem most effectual for such purposes. The Mortgagee shall take action either by proceedings or by the exercise of its powers with respect to entry or taking possession, as the Mortgagee may determine, 2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to by the Mortgagor, a defense to any proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. 2.05 Principal and Interest Become Due on Foreclosure, Upon commencement of suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared due, and the interest accrued thereon, shall at once become and be immediately due and payable. 2. 06 Waiiv r of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any apprisement, valuation, stay, extension, or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute putting into possession thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all who may at any time claim through or under it, hereby waive to the full extent that it may lawfully do so, the benefit of all such laws, and any and all right to have the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged Property as an entirety. 2.07 Acceleration; Application of onies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Mortgage or the Note secured hereby, then, upon demand of the Mortgagee, the Mortgagor will pay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fail to pay the same forthwith upon such demand, the Mortgagee shall be entitled to sue for and to recover a judgment for the whole amount so due and unpaid together with costs, which shall include the reasonable compensation, expenses and disbursements of the Mortgagee's agents and attorneys either before, after or during the pendency of any proceedings for the enforcement of the Mortgage including appellate proceedings. The right of the Mortgagee to recover such judgment shall not be affected b any taking, possession, or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof, Page 6 of 11 (b) In case of a foreclosure sale of any of the Mortgaged Property and of the application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon the Note, and the Mortgagee shall be entitled to recover a judgment for any portion of the debt remaining unpaid, with interest. (c) The Mortgagor agrees to the full extent that it may lawfully so agree, that no recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon any such judgment upon any of the Mortgaged Property or upon any other property shall in any manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part thereto for any liens, rights, powers or remedies of the Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies thus collected by the Mortgagee or received by the Mortgagee under this paragraph 2.07 shall be applied as follows: "First, to the payment of the reasonable attorneys fees and expenses incurred by Mortgagee, its agents and attorneys, including but not limited to taxes paid, insurance premiums paid receivers fees, etc. Second toward payment of the amounts due and unpaid upon the Note," 2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of any holder of the Note to exercise any right, power, or remedy accruing upon any default shall exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver of any such default, or acquiescence, herein; and every right, power and remedy given by this Mortgage to the Mortgagee may be exercised by Mortgagee from time to time and as often as may be deemed expedient by the Mortgagee. 2.0 No Waiver of ne Default to Affect Anot No waiver of any default hereunder shall extend to or shall affect any subsequent or any other existing default or shall impair any rights, powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension of time for the payment of any sums secured hereby, (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or Mortgage; () consents to the filing of any map, plat or replat thereof, (f) consents to the granting of any easement thereon, or () makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co- signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default nor, except as otherwise expressly provided in an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Mortgagee, without notice to any person or corporation, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. Page ,� of 1 2.10 Discontinuance of Proceedings - Position of Parties Restored. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as it no such proceeding has been taken. 2.11 Remedies Cumulative. No right, power or remedy conferred upon or reserved by the Mortgagee by this Mortgage, is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and current and shall be in addition to any other right, power and remedy given hereunder or nor or hereafter existing at law or in equity or by statute. 2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all par whose claim or liens are discharged or paid with the proceeds of the indebtedness secured by this Mortgage. ARTICLE THREE MISCELLANEOUS PROVISIONS 3.01 No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and agrees not to assign, sell, convey, transfer, lease, enter into any management agreement, or further encumber any interest in or any part of the Mortgaged Property without the prior written consent of the Mortgagee, and any such sale, conveyance, transfer, lease, or encumbrance made without Mortgagee's prior written consent shall constitute an event of default hereunder. if the Mortgagor is not an individual, it is further understood and agreed that any assignment, sale, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgagor without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged Property and prohibited herein, 3.02 Uniform Commercial Code. The parties agree that this Mortgage is a security agreement under the Uniform Commercial Code for the purpose of creating a lien on the Mortgaged Property. 3.03 Maximum Rate of Interest. Nothing herein contained nor in the Note secured hereby or any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to said Note, to pay interest in an amount or at a rate greater than the maximum allowed by law. Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any parties liable for the payment of the loan of interest in excess of the maximum rate of interest allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal, balance shall be paid by the holder hereof to the Mortgagor, Maker or any parties liable for the payment of the loan made pursuant to said Note, it being the intent of the parties hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the maximum rate allowed by law. Page 8 of 11 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage. The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or Federal Law in the event Federal Law pre-empts Florida law or is otherwise applicable 3.05 Attorneys Fees and Expenses. Wherever provision is made herein from payment for reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee, said provision shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred in any and all judicial, bankruptcy, reorganization, administrative, or other proceedings, including appellate proceedings, whether such proceedings arise before or after entry of a final judgment. 3.06 Notice. (a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage to be served on or given to the Mortgagor may be served on or given to the Mortgagor at: `709 N � "d Street Boynton, Beach, FL, 33435 or at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor. (b) Mortgagee, Any notice demand or instrument authorized by this Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor at: CITY OF BOYNTON EACH ATTN. CITY ATTORNEY'S OFFICE 100 EAST BOY ON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 or at such other address as may have been furnished in writing to the Mortgagor by the Mortgagee. 3.07 Headings, The headings of the articles, sections, paragraphs and subdivisions of this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case any one or more of the covenants, agreements, terms or provisions contained in this Mortgage, the Note or any of the other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby. Page 0 of 11 ARTICLE FOUR ADDITIONAL PROVISIONS 4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to enter into continuing and unconditional guarantees of payment of any and all indebtedness and agreed by the Mortgagor that such representations and agreements by such other persons shall constitute for the purpose of its obligations hereunder, covenants on behalf of the Mortgagor. Page 10 of 11 IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement to be executed in their names, all by authority duly given as of the day and year first above written, Signed, sealed and delivered ig,the-presence of: r. I`r MORTGAGOR Arden A. Gayle PRINT NAME ITN SS MORTGAGOR Sandra K. Gayle PRINT NAME STATE OF FLORIDA S S': COUNTY OF PALM BEACH) I hereby certify that on this day, before me, a Notary Public duly authorized in the State and C9 'it na ed a Ove t take ackno tedgements, personally appeared He/she is personafly known to me [or has produced as idenfification] to be the person(s) described as Mortgagors in and who exee foregoing mortgage and acknowledged before me that said persons executed that mcwtgage, Witness my hand and official seal In the County and State named above this day of FebrU2ry, 2009 Signed' wss Print Name Lp Page 11 of 11 C F'N 2012,19 0 0 OR BX 2 F'G RECORDED 0 This Instrument was Prepared By: - Donald J. Doody, Esquire Palm Bealzb ("ourity, Fiorlda GOREN, CHEROF, DOODY & EZROL, P.A, 1 1, 000 Cio D 3099 East Commercial Boulevard, Suite 200 eed, Doc 175.00 Fort Lauderdale, Florida 33308 Sharon R, Benck,(LERK ('QHFTh Pgs 057 - 519; Record and return to: Meridian International Title Services Corp. 25 Seabreeze Ave., #202 Delray Beach, FL 33483 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Homebuyers Assistance Program THIRD MORTGAGE THIS SECOND MORTGAGE is made and entered into this 'I V161 day of 2009 byARDEN M. GAYLE, and SANDRA K. GAYLE, husband and wife (hereinafter referred to as "Mortgagor"), and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33444, (hereinafter referred to as "Mortgagee"); WITNESSETH WHEREAS, Mortgagor has simultaneously herewith, executed, and delivered to Mortgagee that certain Promissory Note (the "Note") dated of even date herewith, in the principal amount of Fifty-Thousand-Dollars and 001100 DOLLARS ($50,000.00) payable in accordance with the terms and provisions as particularly stated therein, which matures on or before the maturity date set forth in the Note, which Note shall include any modifications, extensions, or renewals thereof, and, which Note, by reference is made a part hereof to the extent as though set out in full herein. NOW, THEREFORE, to secure the performance and observance of all covenants and conditions in the Note and in this Mortgage, and in all other instruments securing the Note, and in order to charge the properties, interest, and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of Ten and no11 00 ($10.00) Dollars paid by Mortgagee to Mortgagor this date, and for other valuable considerations, the receipt and sufficiency of which is acknowledged, Mortgagordoes hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant, and confirm unto Mortgagee, all the certain land of which the Mortgagor is now seized and in possession situate in Palm Beach County, Florida (hereinafter referred to as "Property'), more particularly described as follows: Lot 181, Block Q, BOMTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm Beach County, Florida, Property Address: 709 SW 2"" Street, Boynton Beach, FL 33425 / J This is a Third Mortgage, subordinate and inferior to that certain First Mortgage in the principal amount of $161,986.00 in favor of Seaside National Bank & Trust, its successors and/or assigns, dated February 4, 2009, and recorded in Official Records Book Z o%4 , Page of the Public Records of Palm Beach County, Florida, and that certain Second Mortgage in the principal amount of $13,000.00 in favor of the Cityof Boynton Beach, dated February 4, 2009, and recorded in Official Records Book ;'mil"" Page 0 of the Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD the same, with the tenements, hereditament, and appurtenances thereunto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of the Property in fee simple; that Mortgagor has good right and lawful authority to convey said Property as aforesaid; that the Mortgagor will make such further assurances to perfect the fee simple title to said Property in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said Property and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances, except for the First Mortgage above referenced. AND the Mortgagor hereby further covenants and agrees to pay promptly, if due, the principal and interest and other sums of money provided for in said Note and this Mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on said land fully insured in a sum of not less than the full insurable value in a company of companies acceptable to the Mortgagee, the policy or policies to be held by, and payable to, said Mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagorfor any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagorto promptlyand fully comply with the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either; to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said Note and this Mortgage or either. in the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date hereof at the highest lawful rate then allowed by the laws of the State of Florida. IF any sum of money herein referred to be not promptly paid within fifteen (15) days next after the same becomes due as a result of the sale or transfer of beneficial interest in property by Mortgagor, or if each and every the agreements, stipulations, conditions and covenants of said Note and this Mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said Note, and this Mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or this Mortgage accrued or thereafter accruing. , IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written. Signed, sealed and delivered . in the presence of: ame. Arden yle irin Name IL J 3. Name: Sandra K. Gayle Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of .. t. 2009 by Arden M. Gayle and Sandra K. Gayle, who are personally known to me or have produced her Florida Driver's License as identification. LOR�IV r i��i - - . . . ....... .. Oar f i_J L i G #0D 55 rlpl�lF�lM►tlit F`lwork%N1AR\Robinson MoRTGAGEI.doc 3of3 r East Side -West Side - Seaside Renaissance Homebuyer Assistance Program (HAP) 2008/2009 The Boynton Beach Community Redevelopment Agency (CRA) recognizes that the future economic health of the City depends upon the sufficient supply of housing priced for working families. As housing prices climbed by double digits in 2005 -2006, many families were priced out of the housing market. The City of Boynton Beach receives State Housing Initiatives Partnership (SHIP) dollars to provide dmvil payment assistance to low and moderate income families. Due to rapid housing appreciation, the number of low and moderate income families who can afford to buy homes has decreased. In an effort to assist more families the CRA has implemented the Homebuyer Assistance Program. Program finds can be layered with the City's SHIP Down Payment Assistance Program to provide gap financing to families. If SHIP funds are unavailable, HAP funds can be used as the sole source of down payment assistance. The maximum HAP grant award to an eligible applicant is $50,000. Pro ra ter Guidelines I. Funding is on a first -come, first- approved basis. 2. Grant awards require CRA Board approval as pail of the application process and prior to the release of funding. Approved Grants must be expended within six months of CRA Board approval. Grant awards not expended within the six months timefia ne will be forfeited and the grant terminated. 3. Applicants must meet all of the qualification criteria of the Homebuyer's Assistance Progran3, Qualification of applicants will be conducted by CRA staff or a CommuE.tity Housing Development Organization (CHDO ). If applicant is working with a CHDO or the City of Boynton Beach, a request for HAP funds must be made on the applicant's behalf by either the City or CHDO. Application packages can also be submitted by a lender. 4. Applications must be submitted along with the following information in order to be processed; • Copy of Personal Identification for each signing applicant. • Copy of birth certificates for each member of the household under 18 years of age. Copy of Homebuyers Education Program certificate • Copy of Lender's Verification of Employment form dated within 4 montlzs of application for each working member of the household over 18 years of age. • Copy of most recent year's Federal Income Tax Return. • Signed copy of mortgage application —1 008 & 1003 forms. Copy of Loan Commitment. Copy of executed Sale & Purchase contract for home. — Copy of property appraisal of ]ionic to be purchased. 1- Family income must not exceed 120% of median household income for Palm Beach County as set by HUD in the year of application to the program. 6. Purchase Price New — Not to exceed $280,462 Existing — Not to exceed $280,462 New Home Construction Loans- the valne of the City/C lot awarded to homebuyer is excluded from the CRA/City subsidy amount, but is included in the permanent mortgage encumbrance. 7, Eligible Properties include existing, single-family homes, construction of new single-family homes, townhomes and condominiums located within the CRA. 8. Use of Funds: a. Down payment and closing costs. b. Rehabilitation costs (if required to bring the home up to code) 9. Families with dependent, minor children will receive preference. 10. Persons work within the city of Boynton Beach will receive prcferelicc. ll. Applicants employed in the "essential services" sectors (educators, police, firefighters, healthcare workers and skilled building trades) will receive preference, 12. Income from all adult members of the household will be included in the computation of gross income, 13. City and CRA funding shall not exceed 40% for moderate income buyers and 50% for low income buyers of the purchase price. The actual amount of funding awarded shall depend upon the funding gap. In no case shall CRA funding be awarded above the funding gap amount or $50,000.00. Rehabilitation expenses related to bringing the home up to code may be included Lip to $50,000. Example 91: Moderate Income Household $60,000 Purchase Price of Horne $280,000 Closing Costs $ 5,000 Maximum Mortgage Amount $213,771 City's Maxinium. SHIP Down payment $50,000 Funding Gap $21,229 Percent of Public Subsidy 25% Example #2 Low Income Household $40,200 Purchase Price of Home $280,000 Closing Costs $ 5,000 Maximum Mortgage Amount $164,700 City's Maxiinuin SHIP Down payment S 75,000 Funding Gap $ 45,300 Percent of Public Subsidy 43% -2- 14. Projected housing costs, including mortgage, interest, taxes, insurance and homeowner's association fees shall not exceed 35% of gross household income or whatever the primary lender determines. The maximum total debt ratio (total housing expenses phis other monthly debt obligations) shall not exceed 45% of income. Example R I Moderate Income $60,000 Gross Monthly hicorne $5,000 Mortgage Payment fincl. taxes & insurance) $ 1,282 Other Debt $ Soo Housing Expense Ratio (not to exceed 35%) 27% Overall Debt Ratio 35% Example N2 Low Tnwme $40,200 Gross Monthly Income $ 3,350 Mortgage Payment (incl. taxes & insurance) $ 987 Other Debt $ 300 Housing Expense Ratio 29% Debt Ratio 38% 15. Applicants must be first time homebuyers, with no previous homeownership within the past three years at the time of application. First time horric buyer status shall be determined by reviewing the three consecutive years of Federal Income tax returns, 16. Funds shall be in the form of a 0% second mortgage behind tile first mortgage. If SHIP funds are used and in a greater amount than CR-A HA-P funds, CRA funds will be secured in the norm of a third mortgage behind the City of Boynton Beach's encumbrance. Repayment of the CRA funds will not be required if the home is resold to an income qualified buyer, Income qualification of the new buyer shall be certified by CRA staff. Resale to a non-income qualified buyer will require repayment of the CRA subsidy amount in M) at time of closing in compliance with the terms of the Promissory Note and Grant Agreement. 17, Refinancing of the property will result in repayment of CRA funds with interest acenied at 4% per annum. Refinancing of the property may be permitted in special circumstances with prior written approval from the CRA. 18. Families who receive CRA Hornebuyers Assistance shall occupy the residence for the term of the first mortgage. If the residence is leased and no longer occupied by the recipient of CRA funds, all CRA funds plus interest at 4% annum from the time of purchase shall become due and payable in fill[, Families that receive assistance shall submit proof of residency to the City and CRA annually by the anniversary of the closing date. The accepted form of proof is a utility bill showing the program recipients name and address, Failure to cornplY Will result in the CRA funds becoming due and payable, 19. Upon sale of the property within the first five years, the owner must pay 80% of the equity (determined by a fair market appraisal) to the CRA. During years 6-20.. 50% of the equity and during years 21-30, 15% of the equity is due to the CRA upon sale of the property. Example: Original home price: $225,000 City SHIP funds $ 50,000 (71%) CRA Funds $ 20,000 (29%) Mortgage, $155,000 New Sales Price @ yr 5 $275,000 Equity $50,000 20% Equity to Seller $10,000 Percent of Equity to City $28,400 Percent of Equity to CRA $ 11,600 20. The City and CRA shall reserve the right-of-first-refusal to purchase the property at the fair market appraised value within 45 days of written notice from the property owners. 21. Offering of the program is no guarantee of funding. All decisions are subject to approval of the CRA Board of Directors. Applicants acknowledge by signing below, that the) have read the Housing Assistance Program Guidelines and hereby agree to the tennis of the program and application process, Applicant Signature_ Date: 11 .. ....... ................... Date:_ .....1 ........................ . . . . . . . . . . . ................... - Applicant Signature LAL Date: -)A 4- BOY NTON COMMUNIT Y REDEVELOPMENTAGENCY ' ASSI ate: _ A ' .._w ---- _ Narnels of Applicant/s,, Address ofApplicantls Cn e � k ".R '•�,,� i. Address of Property To Be Purchased (if known)- Phone Nuniber; Cell Phone Number: `7b I E -mail: Total Annual Household Income (must be verified with income tax returns, social security statement or pay stubs) i ..: ' How many members in your household? Please list their names, ages and relationship to applicant: ! i Name: _i t I� Age: Relationship: Name: '�� ���° ��� .'mow .� Age: Relationship: ......... Name: _. �.. Age: Relationship: : ............... Name: .u.u... ............... ... ......... ........ .................. Age: _.................. Relationship: Name:..... .... ............ Age: _..._..._ lelati�sl►lta: _...— ._......... _. Has anyone in your household owned a residence within the past }ear? Yes No 5,. CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining funding under the Boynton Beach Community Redevelopment Agency Housing Assistance Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive iny rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize arty batik employer or other public or private agency to disclose information deemed necessary to complete this application. Applicants acknowledge by signing below, that they have read the Housing Assistance Program Guidelines and hereby agree to the ternis of the program, Applicant: Applicant: Signature Signature A t -4 Al Print Nanie-, Prim Name: Date: jf� 11 L C�LS Date _jL11 V'�- t i Boynton Beach CRA € € I 7 `a r e-2 i I { I'P" ripµ xerr. a® I i J_ 1008NA&Nhd .00 I person 2 persons 3 persons 4 persons 5 persons 6 Pe Extremely Low- Income 30% $14,550 $16,600 $18,700 $20,750 $22,400 $24,050 $25,750 $27,400 Median ely LOW_ Income $24,200 $27,700 $31,150 $34,600 $37,350 $40,150 $42,900 $45,650 50% Median I 80% Low-Income $38,750 $44,300 $49,800 $55,350 $59,800 $64,200 $73,050 Medlan Moderate 4_�� Income $58,080 $66,480 $74,760 $83,040 $89,640 $96,360 $102,960 $109,560 - 1 . 20%,Media AS RECEIVED FROM FLORIDA HOUSING FIN CORPORATION MARCH 3, 2008. r, h rr r l r rrr,�, u rt ,t .. CRA BOA" MEETING OF: SN CRA September 9, 2014 I sent Agenda I I Old B usiness I X New Business I I Lega I I ter SUB J E C T : Review of CRA's Property Acquisition Relocation Policy SUMMARY Attached for discussion and review is a proposed procedure for relocation assistance to the owners of property in which the CRA is interested in acquiring as part of an existing CRA plan or for new projects in which privately owned land needs to be acquired. The procedures are based on the current relocation procedures of the United States Department of Housing and Urban Development (HUD) FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: CRA Plan RE COMM ENDATI O NS: Approve the CRA's property acquisition relocation policy. Vivian Brooks Executive Director BOYNTON "CRA BEACH RELOCATION ASSISTANCE TO OWNERS DISPLACED FROM THEIR Introduction This is a description of the CRA's relocation payments and other reiocaton assistance. It includes any family or individual that must move as a direct result of rehabilitation, demolition or acquisition for a CRA project_ Sjummary of Relocation Assistance Payment for Moving Expenses. You may choose either a: • Payment for Your Actual Reasonable Moving and Related Expenses, or • Fixed Moving Expense and Dislocation Allowance. Replacement Housing Assistance. To enable you to rent, or if you prefer, buy a comparable or suitable replacement home, you may choose either: • Rental Assistance, or Purchase Assistance. What Is A Comparable Replacement Home? A comparable replacement home is: • Decent, safe, and sanitary. • Functionally equivalent to (and equal or better than) your present home. • Actually available for you to rent. Affordable. • Reasonably accessible to your place of employment. • Generally as well located with respect to public and commercial facilities, such as schools and shopping, as your present home. • Not subject to unreasonable adverse environmental conditions. • Available to all persons regardless of race. color, religion, sex, or national origin. What is Decent, Safe, and Sanitary Housing? Decent, safe, and sanitary housing is housing that: • Meets applicable housing and occupancy requirements. • Is structurally sound, weather tight, and in good repair_ • Contains a safe, adequate electrical wiring system. • Has adequate living space for the occupants. • Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator (if you were displaced from a housekeeping unit). • Has a separate, complete bathroom with hot and cold running water. • Has heating as required by climatic conditions. • Has an unobstructed exit to safe, open space at ground level. • Meets standards protecting occupants from lead -based paint hazards. • If you are physically handicapped, is free of any barriers which would preclude your reasonable use of the unit. What Is a Payment For Actual Reasonable Moving and Related Expenses? You may choose to receive a relocation payment to cover the reasonable cost of your move. if you choose a Payment For Actual Reasonable Moving And Related Expenses, you may include in your claim the reasonable and necessary costs for: • Transportation for you and your family. • Packing, moving and unpacking your household goods. • Disconnecting and reconnecting household appliances and other personal property (e.g., telephone and cable TV). • Storage of household goods, as may be necessary. • Insurance for the replacement value of your property during the move and necessary storage. • The replacement value of property lost, stolen or damaged in the move (but not through your neglect) if insurance is not reasonably available. The CRA will explain all eligible moving costs, as well as those which are not eligible. You must be able to account for any costs that you incur, so keep all your receipts. Select your mover with care. You may elect to pay your moving costs yourself and be repaid by the CRA or, if you prefer, you may have the CRA pay the mover_ In either case, let the CRA know before you move. What Is A Fixed Moving Expense And Dislocation Allowance? If you choose a Fixed Moving Expense and Dislocation Allowance, you will receive an allowance which is based on the number of rooms in your home or the number of rooms of furniture you will be moving, as shown on a schedule. The CRA has a coov of the schedule and will help you decide whether choosing this allowance is in your best interest. If you do not have a large amount of personal property to move, this payment should be more advantageous. No special documentation is required to support your claim. You need only move your personal property and complete the appropriate claim form in order to receive your payment. Based on the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Fixed Residential Moving Cost Schedule (2012) for the State of Florida: Occupant owns Occupant does not own furniture furniture State Number of rooms of furniture 1 Addt'I room no furn. addt' room 1 2 3 4 5 fi 7 $ I fno roo room room room room room room rooms room furn. m s s s s s s Florida 550 700 875 1050 1200 1350 1500 1650 � 00 1 450 125 How e h Rental Assistance Will l Receive? You may be eligible to receive Rental Assistance for a 12 -month period. The assistance is computed in the following manner: The assistance needed for one month is determined by subtracting the "base monthly rent" for your present home from the cost of rent and utilities for your new home (or a comparable replacement home, if that cost is lower). That monthly need, if any, is multiplied by 12, to determine the total amount that you will receive. This amount will be paid directly to you. However, the CRA may elect to provide the assistance in monthly installments or other periodic payments. Generally, the base monthly rent for your present home is the lesser of: (1) the monthly rent and average monthly cost for utilities, or (2) thirty (30) percent of your average monthly gross household income. Examples: Let's say that the monthly rent and average cost for utilities for your present home are $250; the monthly rent and estimated average utility costs for a comparable replacement home are $350; and your monthly gross income is $700. In this case your "base monthly rent" would be $210 because that amount (30 percent of your income) is less than the monthly cost of rent and utilities at your present home ($250). -- If you rent a replacement home for $360 per month, including estimated average monthly utility charges, you will receive $1,680. That amount is 12 times $140 (the difference between the "base monthly rent' for your present home ($210) and the cost for a comparable replacement home ($350)). If you rent a replacement home for $310, including estimated average monthly utility charges, you will receive $1,200. That amount is 12 times $100 (the difference between the "base monthly rent" for your present home ($210) and the actual cost of your new home ($310)). To qualify for rental assistance, you must rent and occupy a decent, safe, and sanitary home within one year after the date you move. However, the CRA will extend this period for good cause. i 4. s , BOYNTON"'! .! � CRA BOA" MEETING OF's September 9, 2014 I Consent Agenda I I Old Busine ( ( New Busi Legal ter SUBJECT: New Businesses in the CRA District SUMMARY The CRA district welcomes S new businesses to the area during the months of July and August. Staff will reach out to the new businesses and introduce the grant incentive programs and marketing efforts. 1. Chalina's Hair Studio- 400 South Federal Hwy. 2. Blueventure Group LLC- 450 N Federal Hwy. 3. Sky Dental- 625 SE 2n Ave. 4, Proactive Recovery Center LLC- 500 Gulfstream Blvd. 5. Perfection Vapes FL Inc. - 640 E Ocean Ave. b. Ocean East Properties- 640 E Ocean Ave. 7. American Protection Inc. — 500 Gulfstream Blvd. S. All About Autos- 505 Industrial Ave. FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Business Development Program Tracy 8inith- Coffel , Marketing and Business Development As+tt # Ravct lNamc 1):stc .Ac�lisi�re[ F�sic� Account, — �ftssLsnts 14168 Ziad Bazyan& Millines 231 NE 9th Avenue & Lots 7 & 8 NE 10th (MLK) 04/11/14 $ 57,000 02 -58200 -401 MLK Corridor 14169 lHabitat transfer back to CRA - 235 NE 9th Ave. 5/16/2014 N/A These lots were given to Habitat in and Habitat returned them to the CRA b/c of location that would not place a house on them 14170 Habitat transfer back to CRA - 308 NE 10th Ave (MLK) 5/16/2014 N/A MLK Corridor 14171 Massry - 913 N. Seacrest Blvd. 06/13/14 $ 45,000 02 -58200 -401 Sara Simms Park Bldg. being emo 9/10/14 - wi e transferred to the City for Sara Sims Park 14172 Girtman - Lot 11 MLK Blvd. $ 130,000 02 -58200 -401 MLK Corridor Closing Scheduled for 9/29/14 14173 Rosebud House - Mullen - 121 NE 4th Ave. 08/04/14 $ 155,000 02 -58200 -401 Cottage District 14174 Fitzpatrick -137 West MLK Blvd. 08/26/14 $ 125,000 02- 58200 -401 Model Block Bldg. boarded up; asbestos inspection scheduled; bldg. will be demo'd 14175 Nathaniel Robinson - 517 NE 1st Street $ 89,000 02- 58200 -401 Cottage District Closing 9/16/14 - $74,000 Purchase Price & $15,000 Relocation Fees Sub -Total Property Purchases & Deposits $ 601,000.00 Total Property Purchases & Deposits $ 601,000.00 Properties Not Purchased Due to Askinq Price Asking CRA Appraised Date Address Price Value CRA Offer Project LK Commercial M arch 2014 425 E. MLK Blvd. $ 450,000 $ 390,000 $ 265,725 Corridor Downtown Master Plan April 2014 1 1017 N. Federal Highway $ 525,000 $ 160,000 NIA Greenwa , ust 2014 133 NE 4th Street NIA $ 100,000 NIA Cotta a District Downtown Master Plan April 2014 1101 N. Federal Highway NIA $ 52,000 NIA Greenwa $74,000+ $15,000 A M 2014 517 NE 1 st Street $ 96,500 $ 62,000 Relocation Cottage District M ay 2014 1515 NE 1st Street $ 190,000 1 $ 77,000 $ 100,000 Cottage District A , R A � BOYNTO'' C =BEACH S RA CRA BOA" MEETING OF*" Septembe 9,,2014 = C onsent Agenda I I Old Business f I New Business Legal I X Information my SUBJECT: Development Projects Update 500 Ocean (SE Corner of Ocean /Federal) — The site plan, land use and zoning change are approved. Developer and CRA are negotiating a TIF agreement to come before the CRA Board in November. LeCessee has not applied for utility or construction permits as of the date of this report. Family Dollar (MLK/Seacrest — The site plan, land use and zoning are approved. Construction and utility permits must be applied for. The closing on CRA and private land to occur after permits obtained. Na tional ll Servic Groce!3L Store —Staff continues to negotiate with a national chain for a MILK site. Ocean Breeze East RFP — Meeting set for September 5 with Hudson and Neighborhood to begin negotiations. Casa del Mar - (2632 N. Federal Highway) — This 4.5 acre waterfront site is under contract to K. Hovnanian for a for -sale residential development. Two pre - application meetings have been held. Hovnanian plans on building 88 for -sale units on the site. They will be formally submitting to the City for site plan and zoning next month. Former Denny's Site/ 2201 S. Federal H — Contractor looking to buy and redevelop into office space and retail. City passed the code lien reduction program which will allow the purchaser to close on the property and renovate it. No update. Healing Heart 1220 -226 W. Boynton Beach Blvd. — A 4,000 sq. ft. new veterinary clinic and holistic spa for people. Proposed to be completed by the end of 2014. Two CRA economic grants are being applied for on the Sept 9 agenda. Seaview Park Club- 1630 N. Federal Hwy. -- 1 acre site purchased by Olin to add to adjacent Manatee Bay Apartments. Construction is 95% complete. Ocean r — The project is complete. Cottage District — Staff has an additional property under contract for Board consideration on the August 12 board meeting. Currently the CRA has 15 of the 21 parcels in the block under ownership. An RFP will b issued ' late 2014 for a developer. Vivi&WC Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslSeptember 20141Development Project Update 9- 14.doc • Harris, Susan From: Brooks, Vivian Sent: Wednesday, March 26, 2014 2:42 PM To: ken Spillias (kspillias @IIw- law.com); tduhy @Ilw- law.com Cc: Harris, Susan; Simon, Michael Subject: CRA Sunset Date Of course after you left we thought of other items to add to the list! This one is not urgent. We need to have a firm idea of our sunset date. This is a research project. Thanks Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 0: 561-600-9090 1 f: 561 BrooksVi(ci bbfl.us I www.catchboynton.com BOYNTON BEACH C RA Like us on Facebook a Follo us on turitbar 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. .go ,, UARY 3 7 F.M. 1 JANUARY 16 0 4 , t ,� 1 �( �' 7 , : BURRY 7 7 P.M. :, ^ ` g1UI AY 20 • .. .4 . ' " :1. : : CH i 7 P.M. yy SI`C ! u MARCH 20 +' :• II APRH. t7 4 8 P.M. THE ROCK MAY 15 11111111 rx PIM , Y 2 8 P.M . Shaken not Shred i t , CatchBoynton.com 561.742.6246 1 • I Harris, Susan From: Tara Duhy <tduhy @Ilw- Iaw.com> Sent: Monday, June 02, 2014 10:45 AM To: Brooks, Vivian; Simon, Michael; Harris, Susan Subject: CRA sunset research All - In what year was the BBCRA redevelopment plan adopted? Tara W. Duhy Lewis, Longman & Walker, P.A. (561) 640 -0820 1 Harris, Susan From: Brooks, Vivian Sent: Monday, June 02, 2014 11:13 AM To: 'Tara Duhy' Cc: Harris, Susan Subject: RE: CRA sunset research The first one was 1981. Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561- 600 -9090 1 f: 561- 737 -3258 BrooksVi(a;bbfl.us 1 www.catchboynton.com CB � H CRf1 Like us on Facebook © Follow us 00 twitter America's Gateway to the Gui(fstream 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. Catch a FREE Ev nt en# FREE MOV'l FREE CONCERT �� . T June 2T * aP aP '‘11 7,0 June 19 6pm :( 11, �j►!yi THE /EGO • f` MUSIC ON ST RING RY THEO � , N10VIE • (PGi Dewey Park 111E ROCKS Dewey Park MI MI • Tr MK 100 NE 4 St, Shaker not 5trre4 100 NE 4" St, BOYRtoo Beath Boynton Beach CatchBoynton.com 561.742.6246 Original Message From: Tara Duhy (mailto:tduhy @Ilw- law.com) Sent: Monday, June 02, 2014 10:45 AM To: Brooks, Vivian; Simon, Michael; Harris, Susan Subject: CRA sunset research All - In what year was the BBCRA redevelopment plan adopted? Tara W. Duhy Lewis, Longman & Walker, P.A. (561) 640 -0820 1 Harris, Susan From: Brooks, Vivian Sent: Monday, August 04, 2014 5:20 PM To: tduhy@llw-law.com Cc: ken Spillias (kspillias @Ilw- law.com); Simon, Michael; Harris, Susan Subject: CRA Sunset Date Hi Tara, any luck on finding out our sunset date? We really need to have that for our future planning. Thanks Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. 1 Boynton Beach, Florida 33435 o: 561- 600 -9090 1 f: 561- 737 -3258 BrooksVi(a;bbfl.us 1 www.catchboynton.com =BEACH CRA Like us on > I c ti s - Fatseboo i=c. 1 � a u. ui twitter 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 Legal Outstanding Items FY 2013 -2014 As of 8/27/14 The following documents were forwarded to Lewis /Longman: West's Notice of Intent to File Protest West's Request for Public Records CRA documents in response to the request for Public Records 1 Status of West Bid Protest for Marina West's Notice of Protest CRA Procurement Policy Executed Construction Contract with Collage Executed Notice to Proceed Summons from West delivered to CRA on 3/18 LLW filing motion on 3/25 to dismiss - Hearing on 5/5 - 3 pm COMPLETE 913 N. Seacrest Blvd. Seller: Louis Massry, represented by atty. James C. Brady 2 Status of Purchase Agreement - Massry Appraisal: $18,000 Offer: $45,000 Purchase Agreement sent to Lewis /Longman 2/12/14 Board approved contract 3/11. Closing scheduled for 5/5. COMPLETE The draft Contract documents & draft Notice to Proceed have been forwarded to 3 Status of Conract w /Russo for Parking lot construction Ken Spillias &Tara Duhy. Board approved selection of Russo. Contract approved 3/11- COMPLETED COMPLETE 4 Status of K. Biscuiti complaint about agenda cover COMPLETED COMPLETE Ken and Susan Harris spoke on 2/27/14. Ken has been through the insurance company's report and is forwarding it to Glenn Thomas in the Tallahassee office. Ken's suggestion, and I agreed, is that the high and perhaps medium and low 5 Update to HR Document priority recommendations be incorporated into the HR manual and that we have one document to take to the Board for approval. We can reach Glen at gthomas @Ilw- law.com. Ken sending CRA revised documents, CRA to review, then conference call with Glen. WILL GO TO CRA BOARD 9/9/14 517 NE 1st Street Seller: Nathaniel Robinson Appraisal: $62,000 Offer: $74,000 6 Status of Purchase Agreement - Robinson Relocation Fees: $15,000 Post Occupancy Agreement of 90 days Purchase Agreement sent to Lewis /Longman 2/25/13. Mr. Robinson decided not to sell. Approved by CRA Board 8/12/14. CLOSING PENDING FOR MID - SEPTEMBER T: \LEGAL \Legal Items Status - 2014 Page 231 NE 9th Ave. & Lots 7,8 MLK Seller: Ziad Bazyan & Albert Millines Appraisal: $45,000 7 Status of Purchase Agreement - Bazyan Offer: $57,000 Purchase Agreement finalized by Lewis /Longman Agreement approved by Board 3/11. Executed by Seller. 3/14/14 - Deposited forwarded to LLW- escrow agent - Closing completed. COMPLETE 8 Status of Vendor Contract Documents in review by Lewis /Longman /Walker - back to CRA by 5/1 COMPLETE 9 Status of Entertainment Contract Documents in review by Lewis /Longman /Walker - back to CRA by 5/1 COMPLETE 10 Temporary Labor Contract Documents in review by Lewis /Longman /Walker - back to CRA by 5/1. CRA provided categories of types of labor and services performed. IN PROGRESS Documents in review by Lewis /Longman /Walker - 4./25 CRA requested written 11 Greater Boynton Agreement opionion from CRA auditors on deductibility of donations to CRA. Per Auditor's opinion - contributions deductible by donor. COMPLETE Release of Liens: Demo Lien: Has been recorded and sent to Denise Waites, from the law firm that was doing the title on one of CDC homes and requested a partial lease. City Code Liens: These were released in 2006 provided, Cherof, Lewis & Longman & Denise Waites w/ copies of the recorded releases along with the City's Navaline search confirming the release of each lien in the City's system. 12 OBW release of common areas to Habitat We will probably need to provide Mike Campbell and Peter Blacklock with copies of all of the releases. Conveyance of common area property to land trust: You provided Ken Spillias /Dodge with the recorded plat, the Development Agreement w/ 1st & 2nd amendments. Vivian confirmed with Andrew that the road is City property. I provided Mike Campbell and Peter Blacklock (copied Rachel Leach of Cherof's office) with Ken Spillias' contact information as our new counsel. In Progress COMPLETE 13 Bus Shelter Casa Costa Received Development Agreement from Dave Coviello - 4/26 CRA sending to LLW for review, Received executed agreement from Related on 7 -11 -14 14 Legal Opinion on OHS Wait for demolition to be eminent 15 500 Ocean DIFA Waiting for paperwork from developer 16 Boos - Family Dollar Developer Agreement Completed COMPLETE T: \LEGAL \Legal Items Status - 2014 Page �� CRA reviewing document for compliance - Parking part of Agreement needs to be a / y7 _Casa Costa DIFA Review r . ' recorded document, developer not in compliance COMPLETE 18 Sunset Date of the CRA With LLW to do by 5/14 IN PROGRESS PENDING - Will go back to County when new 19 Demolition of the existing bldg. at the marina CRA Board agenda item in May for policy direction Marina building completed, Jan or Feb 2015 20 Review IT ILA with City Forwarded to Ken and Tara 4/21/14 by S.Harris - need as soon as possible so City can get on its agenda for Commission meeting first week of June. For CRA Board approval by resolution meeting of June 10th. LLW to complete by 4/28 COMPLETE LLW to review current contract to assess whether contract can be expanded or 21 Waypoint Marine Contract separate RFP. Ken was given a hard copy of the current Agreement with Waypoint Marine. COMPLETE 22 Review vendor changes /deletions on Entertainment contract 8/18/14 Sent to Legal for opinion IN PROGRESS 23 Eviction of Squatters /Tenants on the property located at 121 NE 4th - Rosebud Advised LLW on 8/13/14 -we are waiting on a response to their research IN PROGRESS 24 HR Manual - Wording for Immediate Family 5. Harris sent email to G. Thomas for appropriate language 25 County Approval of Demolition of Dive Shop under Deed Restriction 26 Little House Tenant Default T: \LEGAL \Legal Items Status - 2014 Page